North Carolina House Bill H47 Latest Draft

                            GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
 
SESSION LAW 2025-2 
HOUSE BILL 47 
 
 
*H47-v-7* 
AN ACT TO PROVIDE ADDITIONAL APPROPRIATIONS AND EXTEND REGUL ATORY 
FLEXIBILITY FOR COMM UNITIES AND CITIZENS IMPACTED BY HURRICA NE 
HELENE. 
 
The General Assembly of North Carolina enacts: 
 
PART I. TITLE AND SCOPE OF ACT 
SECTION 1.1. Title. – This act shall be known as "The Disaster Recovery Act of 
2025 – Part I." 
SECTION 1.2. Maximum Amounts; Effectuate Savings. – The appropriations and 
allocations made in this act are for maximum amounts necessary to implement this act. Savings 
shall be effected where the total amounts appropriated or allocated are not required to implement 
this act. 
SECTION 1.3. Scope. – Unless otherwise provided, Part II of this act applies to the 
North Carolina counties in the affected area, as defined in Section 1.4 of this act. 
SECTION 1.4. Definitions. – Unless otherwise provided, the following definitions 
apply in this act: 
(1) Affected area. – The counties designated before, on, or after the effective date 
of this act under a major disaster declaration by the President of the United 
States under the Stafford Act (P.L. 93-288) as a result of Hurricane Helene. 
(2) CDBG-DR. – Community Development Block Grant – Disaster Recovery. 
(3) Disaster Relief Reserve. – The OSBM Disaster Relief Reserve (Budget Code 
23009). 
(4) FEMA. – The Federal Emergency Management Agency. 
(5) Helene Fund. – The Hurricane Helene Disaster Recovery Fund established in 
Section 4.1 of S.L. 2024-51. 
(6) NCEM. – The Division of Emergency Management of the Department of 
Public Safety. 
(7) NCORR. – The Department of Public Safety, Office of Recovery and 
Resiliency. 
(8) OSBM. – The Office of State Budget and Management. 
(9) SERDRF. – The State Emergency Response and Disaster Relief Fund 
established in G.S. 166A-19.42. 
 
PART II. HURRICANE HELENE DISASTER RECOVERY AP PROPRIATIONS AND 
PROGRAMS 
 
SUBPART II-A. DISASTER RECOVERY APPROPRI ATION, TRANSFER, AND 
PROGRAMS 
SECTION 2A.1. Transfer. – The State Controller shall transfer the sum of two 
hundred ninety-nine million dollars ($299,000,000) from the SERDRF to the Helene Fund.   
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SECTION 2A.2. Appropriation. – There is appropriated from the Helene Fund the 
sum of five hundred twenty-four million dollars ($524,000,000) in nonrecurring funds as follows: 
(1) Notwithstanding G.S. 143B-1040(c), one hundred twenty million dollars 
($120,000,000) to the Department of Commerce, Division of Community 
Revitalization (DCR), for the Home Reconstruction and Repair Program 
(Program). The Program shall be CDBG-DR compliant and consistent with 
the United States Department of Housing and Urban Development's Universal 
Notice in 90 FR 1754, as amended, to ensure maximum reimbursement from 
federal funds when those funds become available. DCR shall report to the 
Joint Legislative Emergency Management Oversight Committee, the Joint 
Legislative Commission on Governmental Operations, and the Fiscal 
Research Division by March 31, 2025, on how the Program will be set up prior 
to accepting applications. 
(2) Two hundred million dollars ($200,000,000) to the Department of Agriculture 
and Consumer Services for the Agricultural Disaster Crop Loss Program as 
created in Subpart II-D of this act. 
(3) One hundred million dollars ($100,000,000) to NCEM for the Private Road 
and Bridges Repair and Replacement Program in accordance with Subpart 
II-C of this act. 
(4) Fifty-five million dollars ($55,000,000) for the Small Business Infrastructure 
Grant Program in accordance with Subpart II-F of this act. 
(5) Twenty million dollars ($20,000,000) to OSBM to distribute to State agencies 
and units of local government for debris and sedimentation removal unmet 
needs. NCEM shall assist OSBM in coordinating the debris removal with 
relevant State agencies and local stakeholders. OSBM shall prioritize using 
these funds to address identified gaps in debris cleanup not met by other 
federal and State programs. 
(6) Ten million dollars ($10,000,000) to the Office of the State Fire Marshal to 
disburse grants to small and volunteer fire departments in counties in the 
affected area that qualify for Individual and Public Assistance Categories C-G 
to cover expenses incurred due to Hurricane Helene, to purchase equipment, 
or to make capital improvements to assist with readiness for future emergency 
response. A grant under this subdivision shall not exceed five hundred 
thousand dollars ($500,000). The Office of the State Fire Marshal may use up 
to two hundred fifty thousand dollars ($250,000) of the funds appropriated in 
this subdivision for administrative costs related to disbursing these grants. 
(7) Ten million dollars ($10,000,000) to NCEM to disburse grants to any member 
organization of Volunteer Organizations Active in Disaster (VOADs) actively 
involved in actual and ongoing repair and reconstruction projects. 
(8) Four million dollars ($4,000,000) to the Department of Commerce for the 
nonprofit corporation with which the Department contracts pursuant to 
G.S. 143B-431.01(b) for targeted media campaigns to encourage both in-State 
and out-of-state tourists to return to areas impacted by Hurricane Helene in 
2025. The nonprofit corporation shall (i) coordinate with the Department of 
Transportation to promote areas and roads that are open and accessible for 
tourism and travel and (ii) promote, including through advertising, awareness 
of segments of the Blue Ridge Parkway that are, or subsequently become, 
open to the public. 
(9) Nine million dollars ($9,000,000) to the Department of Public Instruction for 
the School Extension Learning Recovery Program in accordance with Subpart 
II-G of this act.   
House Bill 47 	Session Law 2025-2 	Page 3 
SECTION 2A.3. Additional Rental Assistance. – Effective retroactively to October 
25, 2024, Section 4B.7 of S.L. 2024-53 reads as rewritten: 
"SECTION 4B.7. Of the funds appropriated in this act to the Department of Health and 
Human Services, Division of Social Services (Division), the sum of one million dollars 
($1,000,000) in nonrecurring funds shall be allocated to county departments of social services to 
provide rental assistance to individuals who reside, temporarily or permanently, in counties in 
the affected area that qualify for FEMA Individual and Public Assistance Categories A-G. 
Assistance shall be limited to households at or below two hundred percent (200%) of the federal 
poverty level who have suffered hardship due to the impacts of Hurricane Helene. These 
households shall receive a one-time payment up to two payments, as determined by the county 
departments of social services, each in an amount up to the U.S. Department of Housing and 
Urban Development's (HUD) local area Fair Market Rents (FMRs) measure for a two-bedroom 
unit. Payments under this section shall be used to assist households facing a housing crisis, such 
as imminent risk of eviction. County departments of social services may use up to five percent 
(5%) of their allocated amount for administrative costs." 
SECTION 2A.4.(a) Findings of Fact. – The General Assembly finds that: 
(1) The Hurricane Helene Disaster Supplemental Nutrition Assistance Program, 
a federal program to provide food assistance to low-income households with 
food loss or damages caused by Hurricane Helene, ended in November 2024. 
(2) Less than half of the ten million dollars ($10,000,000) in State funds 
appropriated for administration of the program were expended. 
SECTION 2A.4.(b) Disaster Supplemental Nutrition Assistance Program Funding 
Adjustment. – Notwithstanding S.L. 2024-53 or any provision of the Committee Report of that 
act to the contrary, the amount for Disaster Supplemental Nutrition Assistance Program in Item 
22, page F-3 of that report shall be reduced by four million dollars ($4,000,000) in order to 
increase funding to the Department of Commerce for targeted media campaigns in accordance 
with Section 2A.2(8) of this act. The State Controller shall make any transfers necessary to 
effectuate this section. 
SECTION 2A.4.(c) Adjustment Reconciliation. – Section 2.1(a) of S.L. 2024-53 
reads as rewritten: 
"SECTION 2.1.(a) Appropriation of State Funds (Helene Fund). – Appropriations from the 
Helene Fund for the budgets of State agencies and non-State entities, and for other purposes 
enumerated, are made for the 2024-2025 fiscal year, according to the following schedule: 
 
Helene Fund Appropriations 	FY 2024-2025 
 
… 
 
HEALTH AND HUMAN SERVICES 
Department of Health and Human Services 71,400,00067,400,000 
 
… 
 
Total Appropriation 	604,150,000600,150,000" 
 
SUBPART II-B. CLOSE OUT OPERATIONS PROVI DE EMERGENCY RELIEF 
SECTION 2B.1.(a) Subpart D of Part 5 of Article 13 of Chapter 143B of the General 
Statutes reads as rewritten: 
"Subpart D. Office of Recovery and Resiliency. 
"§ 143B-1040.  Office of Recovery and Resiliency.   
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(a) The Office of Recovery and Resiliency (Office) is created in the Department of Public 
Safety. The Office shall execute multi-year recovery and resiliency projects and administer funds 
provided by the Community Development Block Grant Disaster Recovery program for 
Hurricanes Florence and Matthew. The Office will provide general disaster recovery 
coordination and public information; citizen outreach and application case management; audit, 
finance, compliance, and reporting on disaster recovery funds; and program and construction 
management services. The Office shall also contract for services from vendors specializing in 
housing, construction, and project management services. 
(b) The Office shall develop and administer a grant program for financially distressed 
local governments to assist with recovery capacity. The grants shall cover the salaries, benefits, 
and operating costs for up to two three-year positions and may also be used to purchase one 
vehicle per community as necessitated by the individual circumstances of each community. The 
Office shall also, in consultation with the Local Government Commission, develop and 
administer a one-time emergency fund for local governments in disaster-affected areas that need 
immediate cash flow assistance. These funds shall be used to meet local government debt service 
obligations, to meet payroll obligations for local governments, and to meet vendor payments 
where nonpayment would result in negative financial outcome. 
(c) Notwithstanding any other provision of law, all Community Development Block 
Grant Disaster Recovery awards received by the State in response to the declarations and 
executive orders described in Section 3.1 of S.L. 2016-124, or in any subsequent federally 
declared disasters, shall be administered by the North Carolina Office of Recovery and Resiliency 
of the Department of Public Safety, including circumstances where the designated grantee is an 
agency other than the North Carolina Office of Recovery and Resiliency. 
"§ 143B-1041.  Interagency coordination. 
(a) The Office shall establish an intergovernmental working group composed of 
representatives from the Department of Environmental Quality and other relevant State agencies, 
local governments, and other stakeholders to identify legislative, economic, jurisdictional, and 
other challenges related to stream management and flooding reduction. Beginning January 1, 
2022, and biannually thereafter, the Office shall report to the Joint Legislative Commission on 
Governmental Operations and the Fiscal Research Division regarding the findings and 
recommendations of the working group. 
(b) The Office of Recovery and Resiliency and the Division of Emergency Management 
of the Department of Public Safety, the Director of the Division of Coastal Management of the 
Department of Environmental Quality, and the Secretary of the Department of Transportation, or 
their respective designees, shall meet at least quarterly beginning January 1, 2022, in order to 
coordinate the grant making and technical assistance activities each agency is carrying out related 
to subsection (a) of this section." 
SECTION 2B.1.(b) Subsection (a) of this section becomes effective October 1, 
2026. 
SECTION 2B.2.(a) Transfers. – The State Controller shall transfer the following 
amounts from the following sources to the Disaster Relief Reserve: 
(1) One hundred twenty-one million dollars ($121,000,000) from the Savings 
Reserve. 
(2) Ninety-six million dollars ($96,000,000) from the SERDRF. 
SECTION 2B.2.(a1) Additional Transfer. – The State Controller shall transfer all 
funds remaining in the Hurricane Florence Disaster Recovery Fund that remain unexpended as 
of the date this act becomes law to the Savings Reserve. 
SECTION 2B.2.(b) Appropriation. – The funds transferred in subsection (a) of this 
section are appropriated within the Disaster Relief Reserve and are allocated to NCORR for the 
completion of the homeowner recovery program for Hurricanes Matthew and Florence.   
House Bill 47 	Session Law 2025-2 	Page 5 
SECTION 2B.2.(c) Prioritization. – NCORR shall prioritize (i) entering into a 
memorandum of understanding with the Housing Finance Agency to retrieve eligible funding for 
the homeowner recovery program and (ii) spending those funds received from the Housing 
Finance Agency for the remaining unmet needs for the homeowner recovery projects consistent 
with subsection (b) of this section. 
SECTION 2B.2.(d) Reversion of Funds. – Funds appropriated to NCORR under this 
section shall revert to the Savings Reserve on October 1, 2026. 
SECTION 2B.3.(a) Issuance of Notices to Proceed. – NCORR shall issue, at a 
minimum, Notices to Proceed to program-selected contractors for homeowner projects for the 
homeowner recovery programs for Hurricanes Matthew and Florence under the following 
schedule. These percentages represent the percentage of the overall total number of projects for 
the history of the homeowner recovery program: 
(1) By May 1, 2025, eighty-eight and one-half percent (88.5%). 
(2) By June 1, 2025, ninety percent (90%). 
(3) By July 1, 2025, ninety-one and one-half percent (91.5%). 
SECTION 2B.3.(b) Unawarded Projects. – The total number of homeowner projects 
not awarded to contractors shall not exceed the following maximums: 
(1) By May 1, 2025, 100 projects. 
(2) By June 1, 2025, 70 projects. 
(3) By July 1, 2025, 40 projects. 
SECTION 2B.3.(c) Exclusion of Withdrawn/Ineligible Projects. – Projects 
withdrawn or not eligible for reconstruction or another category of the Community Development 
Block Grant – Disaster Relief homeowner recovery programs for Hurricanes Matthew and 
Florence shall not count toward the requirements of this section when assessing NCORR's 
compliance. 
SECTION 2B.3.(d) Reporting. – NCORR shall report to the Joint Legislative 
Commission on Governmental Operations (Commission) and the Fiscal Research Division (i) 
within five business days of each deadline established in subsections (a) and (b) of this section, 
written reports on their compliance with the schedules and benchmarks set forth in those 
subsections and (ii) weekly reports, including total spending, funds available, and the number of 
homeowner repair and reconstruction projects at their respective stages of completion. 
SECTION 2B.3.(e) Noncompliance Reporting. – If the Commission staff determines 
NCORR is not in compliance with the schedules set forth in this section, then the Commission 
shall notify NCORR and the chairs of the House and Senate Appropriations Committees of their 
determination. No later than five business days after receipt of the notice of noncompliance, 
NCORR shall submit a written report explaining the compliance deficiencies to the chairs of the 
House and Senate Appropriations Committees and the Fiscal Research Division. 
SECTION 2B.4. Monthly Reporting. – Beginning August 1, 2025, NCORR shall 
report monthly to the Commission and the Fiscal Research Division on all projects completed 
and unawarded projects in the homeowner recovery program for Hurricanes Matthew and 
Florence until NCORR is dissolved pursuant to this act. The report shall contain, at a minimum, 
all information contained in the report required under subsection (d) of Section 2B.3 of this act 
regarding compliance with the schedules and benchmarks in this section. The noncompliance 
requirements of subsection (e) of Section 2B.3 of this act apply to this section. 
SECTION 2B.5. Modify Audit Reporting Frequency. – Section 1F.2(d) of S.L. 
2024-57 reads as rewritten: 
"SECTION 1F.2.(d) Reporting. – In addition to the requirements of G.S. 147-64.5(a), the 
State Auditor shall furnish copies of any and all audits performed under this section to the Joint 
Legislative Commission on Governmental Operations and the Fiscal Research Division within 
30 days of the completion of each audit. OSBM shall submit a quarterly monthly report on the 
ongoing financial monitoring of the Office to the Joint Legislative Commission on Governmental   
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Operations and the Fiscal Research Division in each quarter month that the Office is expending 
State or federal funds for storm recovery efforts." 
 
SUBPART II-C. PRIVATE ROAD AND BRIDGE RE PAIR AND REPLACEMENT 
PROGRAM 
SECTION 2C.1.(a) Private Road and Bridge Repair and Replacement Program. – 
The Private Road and Bridge Repair and Replacement Program (Program) is established within 
NCEM for the repair and replacement of private roads and bridges damaged or destroyed by 
Hurricane Helene. NCEM shall consult with the Department of Transportation in administering 
the Program and shall develop criteria and an application process to select private roads and 
bridges eligible for repair or replacement consistent with this subsection. NCEM may use up to 
two percent (2%) for administrative costs for the Program. NCEM shall prioritize applications 
for the repair and replacement of private roads or bridges that provide the sole option for ingress 
and egress for (i) emergency services to a residential property that is occupied by the owner for 
more than six months of the calendar year, (ii) multiple residential homes, or (iii) recreation or 
commercial facilities. These funds may be used for program costs incurred for the engineering, 
design, and construction of private roads and bridges, funding to nonprofit organizations 
supporting bridge repairs, and may also be used to provide technical support and assistance for 
individuals and local governments to comply with no-rise certification requirements required by 
FEMA under the National Flood Insurance Program. 
SECTION 2C.1.(b) HOA Cost-Share. – If a qualifying private road or bridge is 
owned by a homeowners association (HOA), then NCEM shall enter into a cost-share agreement 
with the HOA for all project engineering and construction costs. NCEM's share of costs pursuant 
to any agreement shall not exceed fifty percent (50%). Any funds that the HOA pays toward 
these projects shall be non-State dollars. 
SECTION 2C.1.(c) Ownership Restriction. – If a private road or bridge is repaired 
or replaced through the Program, the ownership or responsibility for maintenance or safety of the 
repaired or replaced road or bridge shall not transfer to or be assumed by the State or a political 
subdivision thereof by virtue of the repair or replacement under this Program. 
SECTION 2C.1.(d) Federal Funding. – If federal assistance or alternative funds are 
available for the same purposes in subsection (a) of this section, NCEM shall not duplicate efforts 
or benefits and take all reasonable steps to obtain that federal assistance or alternative funds prior 
to obligating funds for the Program with State funds. 
SECTION 2C.1.(e) Reporting Requirement. – NCEM shall annually report to the 
Joint Legislative Emergency Management Oversight Committee and the Fiscal Research 
Division beginning on June 30, 2025, and ending on June 30, 2029, on the Program. The report 
shall include, at a minimum, all of the following: 
(1) The criteria used for awarding funds. 
(2) The locations of any roads or bridges replaced. 
(3) The average grant amount requested and disbursed. 
(4) The number of projects requested, declined, and funded. 
(5) The identification of unmet needs remaining at the end of each fiscal year for 
private road or bridge repair or replacement. 
 
SUBPART II-D. AGRICULTURAL DISASTER CROP LOSS PROGRAM 
SECTION 2D.1.(a) Intent to Appropriate Future Funds. – It is the intent of the North 
Carolina General Assembly to review the funds appropriated by Congress for agricultural 
disaster relief and to consider actions needed to address any remaining unmet needs. It is also the 
intent of the North Carolina General Assembly to review the adequacy of the agricultural relief 
measures funded by this act at that time.   
House Bill 47 	Session Law 2025-2 	Page 7 
SECTION 2D.1.(b) Transfer; Appropriation. – The State Controller shall transfer 
one hundred million dollars ($100,000,000) from SERDRF to the Disaster Relief Reserve. The 
funds transferred pursuant to this subsection are appropriated from the Disaster Relief Reserve 
to the Department of Agricultural and Consumer Services for the Agricultural Disaster Crop Loss 
Program as created in this subpart. 
SECTION 2D.1.(c) Allocation of Funds. – Of the funds appropriated in Section 2A.2 
of this act and this section to the Department of Agriculture and Consumer Services for the 
Agricultural Disaster Crop Loss Program, the funds shall be allocated within the Program as 
follows: 
(1) Two hundred million dollars ($200,000,000) for verifiable losses from 
Hurricane Helene in the affected area. 
(2) One hundred million dollars ($100,000,000) for verifiable losses from an 
agricultural disaster in 2024, excluding Hurricane Helene. Additionally, the 
Department shall use remaining funds from Section 5.9A(c)(2) of S.L. 
2021-180 and Section 5.4(a)(4) of S.L. 2022-74 for the same purpose. 
SECTION 2D.2.(a) Agricultural Disaster Crop Loss Program. – The 2024 
Agricultural Disaster Crop Loss Program is established within the Department of Agriculture and 
Consumer Services. The Program shall be used to provide financial assistance, subject to Section 
2D.1 of this act, to farmers with verified losses from an agricultural disaster in this State in 2024. 
The Department may use up to one percent (1%) of funds allocated for the Program for 
administrative purposes. To be eligible for financial assistance for losses of agricultural or 
aquaculture commodities or farm infrastructure, a person must satisfy all of the following criteria: 
(1) The person experienced a verifiable loss of agricultural or aquaculture 
commodities or farm infrastructure as a result of an agricultural disaster in 
2024, and the person's farm is located in an affected county for the respective 
agricultural disaster. 
(2) The agricultural commodity was planted before the eligibility date; for 
aquaculture commodities, the commodities were being raised before the 
eligibility date; or for farm infrastructure, the infrastructure existed before the 
eligibility date. 
SECTION 2D.2.(b) Verification of Loss. – A person seeking financial assistance for 
losses of agricultural commodities under the Program shall submit to the Department a Form 578 
on file with the USDA Farm Service Agency or a form provided by the Department for reporting 
acreage or plantings of crops or reporting infrastructure damage or loss that is not typically 
reported on Form 578, along with any other documentation deemed appropriate by the 
Department, no later than 45 days after this section becomes effective. For nursery crops, 
fruit-bearing trees and bushes, and specialty crops where the survival level is not immediately 
known, the Department may extend this deadline by an additional 45 days, upon written request 
by the person received no later than 45 days after this subpart becomes effective and upon 
approval by the Department. A person receiving assistance under this Program must provide a 
signed affidavit, under penalty of perjury, certifying that each fact of the loss presented by the 
person is accurate. 
SECTION 2D.2.(c) Criteria. – The Department shall administer the financial 
assistance program authorized by this subpart in accordance with the following criteria: 
(1) In determining the payment calculation for agricultural commodities, the 
Department shall use a formula based on acreage, county loss estimates, 
USDA National Agricultural Statistics Service averages, and any other 
measure the Department deems appropriate. Funds shall be distributed based 
on county averages for yields and State averages for price. Calculations shall 
be based on county or State averages in price, whichever the Department 
determines is appropriate.   
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(2) The Department shall gather all claim information, except from those 
applicants granted a deadline extension, no later than 45 days after this subpart 
becomes law. The Department shall, as closely as possible, estimate the 
amount of the funds needed to be held in reserve for payments related to losses 
of nursery, bush, tree, and specialty crops for which losses will not be fully 
known or calculated. The Department shall set aside funds as it deems 
appropriate based on the estimated percentage of these losses. 
(3) Payments made under this Program shall be made to the person who filed the 
Form 578 or Department form for claims related to agricultural or aquaculture 
commodity or farm infrastructure losses. 
(4) The Department shall develop a formula to determine the payment calculation 
for farm infrastructure damage or loss using measures the Department deems 
appropriate. The Department shall consider any other available insurance 
claims that may be available to the applicant when developing the formula 
under this subdivision. 
SECTION 2D.2.(d) Audit. – The Department may audit the financial and other 
records of each recipient of funds in order to ensure that the funds are used in accordance with 
the requirements of this Program. The Department may require any documentation or proof it 
considers necessary to efficiently administer this Program, including the ownership structure of 
each entity, the social security numbers of each owner, and any documentation of insurance 
payments or federal funds for verified losses. In order to verify losses, the Department may 
require the submission of dated, signed, and continuous records. These records may include, but 
are not limited to, commercial receipts, settlement sheets, warehouse ledger sheets, pick records, 
load summaries, contemporaneous measurements, truck scale tickets, contemporaneous diaries, 
appraisals, ledgers of income, income statements of deposit slips, cash register tape, invoices for 
custom harvesting, u-pick records, and insurance documents. 
SECTION 2D.2.(e) Expenditure of Awarded Funds. – Awarded funds shall be used 
for agricultural production expenses and recovery of losses due to the impacts of the agricultural 
disaster. The Department shall develop guidelines and procedures to ensure that funds are 
expended for the purposes allowed by this subpart and may require any documentation it 
determines necessary to verify the appropriate use of financial assistance awards, including 
receipts. All distributed funds are subject to federal and State income tax. 
SECTION 2D.2.(f) Refund of Award. – If a person receives financial assistance 
under this Program for which the person is ineligible, or if the amount of the financial assistance 
received is based on inaccurate information, the person forfeits the assistance awarded under this 
subpart and is liable for the amounts received. Assistance forfeited under this subpart shall bear 
interest at the rate determined in accordance with G.S. 105-241.21 as of the date of receipt until 
repaid. Financial assistance forfeited but not paid shall be collected by a civil action in the name 
of the State, and the recipient shall pay the cost of the action. The Attorney General, at the request 
of the Commissioner of Agriculture, shall institute the action in the proper court for the collection 
of the award forfeited, including interest thereon. 
SECTION 2D.2.(g) Definitions. – The following definitions apply in this Program: 
(1) Agricultural disaster. – A secretarial disaster designation declared by the 
USDA Secretary for qualifying counties in this State. 
(2) Agricultural or aquaculture commodity. – As determined by the Department. 
This term does not include livestock or poultry. 
(3) Department. – The Department of Agriculture and Consumer Services. 
(4) Eligibility date. – The date of the disaster set forth in the Secretarial 
declaration for the county in which the agricultural or aquaculture 
commodities or farm infrastructure are located and for which verifiable losses 
are claimed.   
House Bill 47 	Session Law 2025-2 	Page 9 
(5) Farm infrastructure. – Fencing, greenhouses, barns, equipment, and farm 
roads or other structures or site improvements used for farming purposes. 
(6) Program. – The Agricultural Disaster Crop Loss Program. 
(7) Qualifying county. – A county in this State that meets one of the following 
criteria: 
a. A primary county or contiguous county listed by the USDA for an 
agricultural disaster. 
b. A county designated under a major disaster declaration by the 
President of the United States under the Stafford Act (P.L. 93-288). 
c. A county in this State deemed qualifying by State law because of 
impacts from an agricultural disaster. 
(8) USDA. – The United States Department of Agriculture. 
SECTION 2D.2.(h) Commissioner of Agriculture Discretion. – The Commissioner 
of Agriculture may also use the funds appropriated for the Program for purposes related to 
Hurricane Helene recovery for farmers, including storm debris removal, streambank restoration, 
stream restoration, and cropland restoration in the affected area, if the applicant under this 
Program identifies that unmet need to the Department in the application. 
SECTION 2D.2.(i) Reporting. – The Department shall submit a report to the Joint 
Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the 
Fiscal Research Division six months after the Program receives funds for an agricultural disaster 
and every six months thereafter until all funds are expended containing, at a minimum, all of the 
following data: 
(1) The number of applicants by agricultural or aquaculture commodity or farm 
infrastructure, and the county in which the person incurred the verified loss. 
(2) The number and amount of grants awarded by agricultural or aquaculture 
commodity or farm infrastructure. 
(3) The geographic distribution of the grants awarded. 
(4) The total amount of funding available to the Program, the total amount 
encumbered, and the total amount disbursed to date. 
(5) Any refunds made to the Program. 
SECTION 2D.2.(j) Expiration and Reversion. – The Program shall expire 30 months 
after this section becomes effective. Any funds allocated to the Program not expended or 
encumbered by that date shall revert to the SERDRF. 
 
SUBPART II-E. RESERVED. 
 
SUBPART II-F. SMALL BUSINESS INFRASTRUCT URE GRANT PROGRAM 
SECTION 2F.1.(a) Program; Purpose. – There is established the Small Business 
Infrastructure Grant Program to be administered by the Department of Commerce. The purpose 
of the program is to assist small businesses by providing grants to local governments to expedite 
infrastructure repairs impacting the operation and patronage of small businesses in the affected 
area. 
SECTION 2F.1.(b) Definitions. – The following definitions apply in this section: 
(1) Department. – The Department of Commerce. 
(2) Eligible local government. – A city or county, as those terms are defined in 
G.S. 160A-1 and G.S. 153A-1, located in the affected area. 
(3) Program. – The Small Business Infrastructure Grant Program. 
(4) Qualifying infrastructure needs. – Water, sewer, gas, telecommunications, 
high-speed broadband, electrical utility, and sidewalk and curb infrastructure 
serving one or more small businesses located in an eligible local government 
and damaged by Hurricane Helene that, until repaired, inhibits access to or   
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operations of one or more of those small businesses. The term does not include 
infrastructure the small business owns or is responsible for maintaining. 
(5) Small business. – A business with a physical presence in the affected area that 
employs 150 or fewer employees. 
SECTION 2F.1.(c) Applications; Verification. – An eligible local government with 
qualifying infrastructure needs, or a small business located therein, may apply for a grant under 
the program. An applicant must (i) identify with specificity the qualifying infrastructure needs, 
(ii) provide a cost estimate to repair the needs, (iii) provide a short summary of the detrimental 
impact on the named small businesses and how those businesses will benefit from the grant, (iv) 
apply to the Department on a form prescribed by the Department, and (v) include any supporting 
documentation required by the Department. The Department may accept applications until the 
funds available under the program have been fully awarded. The Department shall consult with 
applicants to substantiate applications prior to awarding grants under the program and prioritize 
grants so as to maximize the beneficial and efficient use of program funding. Grants shall be 
awarded to the eligible local government in which the qualifying infrastructure needs are located, 
and the eligible local government shall be responsible for using the grant amount for repairing 
the needs identified in the application. 
SECTION 2F.1.(d) Grant Amount. – The total grant amount per county in the 
affected area shall not exceed ten percent (10%) of the total funds appropriated for the program. 
SECTION 2F.1.(e) Eligible Uses. – Grants awarded under this program shall be 
used by local governments for repairing qualifying infrastructure needs that the Department, in 
consultation with applicant local governments and small businesses, determines adversely affect 
access to or operations of identified small businesses. 
SECTION 2F.1.(f) Grant Program Limit. – The total of all funds granted under this 
program may not exceed the amount allocated to the program under this section. Grants shall be 
awarded on a first-come, first-served basis. 
SECTION 2F.1.(g) Administrative Expenses. – The Department may retain up to 
one and one-half percent (1.5%) of the funds appropriated for the grant program established by 
this section for administrative expenses. 
SECTION 2F.1.(h) Reporting. – Beginning December 15, 2025, and continuing 
every six months thereafter, the Department shall submit a report on the program to the Joint 
Legislative Economic Development and Global Engagement Oversight Committee and the Fiscal 
Research Division. The duty to report pursuant to this section shall cease after the submission of 
the report following when the Department has awarded the final grant under the program. Each 
report shall contain, at a minimum, all of the following: 
(1) The total grant amount awarded to date. 
(2) The average grant amount per project. 
(3) The types and number of qualifying infrastructure needs that have received 
grant funding. 
(4) The types and number of small businesses that have benefitted from the 
program. 
 
SUBPART II-G. SCHOOL EXTENSION LEARNING RECOVERY P ROGRAM 
SECTION 2G.1.(a) Participating School Units. – For purposes of this section, a 
"participating school unit" is any of the following: 
(1) All local school administrative units located in the following counties: 
a. Ashe County. 
b. Avery County. 
c. Buncombe County. 
d. Burke County. 
e. Haywood County.   
House Bill 47 	Session Law 2025-2 	Page 11 
f. Henderson County. 
g. Madison County. 
h. McDowell County. 
i. Mitchell County. 
j. Rutherford County. 
k. Transylvania County. 
l. Watauga County. 
m. Yancey County. 
(2) Any charter school located in a county listed in subdivision (1) of this 
subsection that elects to participate in the program established in this section. 
SECTION 2G.1.(b) Program Established; Purpose. – Notwithstanding Part 3 of 
Article 16 of Chapter 115C of the General Statutes or any other provision of law, following the 
end of the 2024-2025 school year, participating school units shall offer a School Extension 
Learning Recovery Program (Program) outside of the instructional school calendar. The purpose 
of the Program shall be to provide instruction on specific subjects and enrichment to students in 
grades four through eight to address learning losses and negative impacts students have 
experienced due to unusual and extraordinary conditions related to Hurricane Helene in the 
2024-2025 school year. 
SECTION 2G.1.(c) Student Enrollment. – Only students in grades four through eight 
that were enrolled in a school in a participating school unit during the 2024-2025 school year are 
eligible to enroll in the Program. Eligible students that have not reached proficiency in reading 
or mathematics, as demonstrated by the results of the State-approved annual assessment, by the 
end of the 2024-2025 school year shall be given first priority to enroll in the Program. Other 
eligible students may participate in the Program within space available. Participation in the 
Program is voluntary. 
SECTION 2G.1.(d) Parental Consent. – The parent or guardian of a student given 
first priority for enrollment shall be encouraged to enroll the student in the Program, but the 
parent or guardian shall make the final decision regarding the student's Program enrollment. A 
parent or guardian must provide consent for a student to enroll in the Program. 
SECTION 2G.1.(e) Student Assignment. – Students enrolled in the Program shall, 
whenever possible, attend the Program at a school in the public school unit in which the student 
was enrolled for the 2024-2025 school year. Students that were enrolled in a charter school that 
has elected not to participate in the Program may attend the Program in the participating school 
unit closest to the student's residence. 
SECTION 2G.1.(f) Program Plan; Requirements. – A participating school unit shall 
develop and submit a plan for its Program that meets the requirements of this section to the 
Department of Public Instruction no later than 30 days prior to the final instructional day of the 
2024-2025 school year. The Department shall notify the participating school unit of any 
recommended changes to the Program plan within 21 days of receiving the proposed plan. The 
Program shall be separate and apart from the 2024-2025 school year and shall not be an extension 
of the 2024-2025 school year. The plan shall include at least the following as components of the 
Program: 
(1) Instruction shall be delivered for at least 72 hours over the course of the 
Program as follows: 
a. Each day of the Program shall contain a minimum of three hours of 
instructional time and one hour of enrichment activity. 
b. The instructional time shall not include the time for lunch service, 
transition periods, and the physical activity period as required by this 
section. 
c. Instruction shall not be delivered on Saturdays. 
d. Instruction shall be in person only.   
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(2) Meal service for each instructional day. 
(3) A period of physical activity during the instructional day. 
(4) Transportation services to the school facility housing the Program. 
(5) Grade level course offerings in reading or mathematics. The courses offered 
shall be determined by the needs of students and staff competencies. The 
Program may consist of any of the following: 
a. Students taking courses in only reading. 
b. Students taking courses in only mathematics. 
c. Students taking a combination of both reading and mathematics 
courses. 
d. Any combination of the above. 
(6) At least one enrichment activity. The participating school unit shall have 
discretion in the type of enrichment activity offered, such as a sports, music, 
or arts program. 
(7) Identify the assessments that will be administered at the beginning and end of 
the Program to evaluate student progress. 
SECTION 2G.1.(g) Employment of School Personnel. – Notwithstanding Articles 
19, 20, 21, and Part 3 of Article 22 of Chapter 115C of the General Statutes, a participating school 
unit shall employ teachers and other school personnel as temporary employees on a contract basis 
for the period of the Program. School personnel employed as temporary employees by a 
participating school unit pursuant to this section shall not be considered an "employee," as 
defined in G.S. 135-1(10), or a "teacher," as defined in G.S. 135-1(25), nor shall it cause school 
personnel to be considered an "employee or State employee" under G.S. 135-48.1(10). In 
addition, school personnel shall not be deemed as earning "compensation," as defined in 
G.S. 135-1(7a), and shall not be eligible to accrue paid leave during their temporary employment. 
SECTION 2G.1.(h) Program Assessments. – No later than April 1, 2025, the 
Department of Public Instruction shall make available to all public school units that may 
participate in the Program under subsection (a) of this section a list of all assessments that were 
used to evaluate students in a program conducted pursuant to S.L. 2021-7. Participating school 
units shall select an assessment per grade and subject for students in grades four through eight 
from the list provided by the Department that shall be taken at the beginning of the Program and 
at the conclusion of the Program. Each participating school unit shall ensure that the results of 
all assessments administered to a student shall be provided to all teachers of record for that 
student for the 2025-2026 school year. 
SECTION 2G.1.(i) Participating Unit Reporting Requirements. – By October 15, 
2025, school units shall report all of the following to the Department of Public Instruction: 
(1) The number of students offered first priority enrollment in the Program, and 
the total number of students that enrolled in the Program. 
(2) The attendance record of enrolled students. 
(3) Results of the assessment given to students at the beginning and end of the 
Program. 
(4) The number of students who progressed to the next grade level and the number 
of students who were retained in the same grade level after participating in the 
Program. 
SECTION 2G.1.(j) Department Reporting Requirements. – No later than January 
15, 2026, the Department of Public Instruction shall report to the Joint Legislative Education 
Oversight Committee on the following: 
(1) Implementation of the School Extension Learning Recovery Program. 
(2) The information required to be reported under subsection (i) of this section.   
House Bill 47 	Session Law 2025-2 	Page 13 
(3) A copy of each Program plan submitted to the Department, including any 
changes recommended by the Department, the reason the change was 
recommended, and whether the recommendation was followed. 
(4) Any other data or information the Department deems relevant. 
SECTION 2G.1.(k) Study. – The Office of Learning Research at the University of 
North Carolina at Chapel Hill (OLR) shall study the overall effectiveness of the School Extension 
Learning Recovery Program, as well as the impact of various individual Program plan designs 
on academic student outcomes. The Department of Public Instruction shall provide OLR any 
information or data it requests to conduct the study to the extent allowed under State and federal 
law. OLR shall report the results of the study to the Joint Legislative Education Oversight 
Committee no later than January 15, 2027. 
SECTION 2G.1.(l) Appropriation. – Of the funds appropriated to the Department of 
Public Instruction in this act, the sum of nine million dollars ($9,000,000) in nonrecurring funds 
shall be used for the School Extension Learning Recovery Program, as established by this section. 
The Department shall allocate these funds to participating school units as follows: 
(1) Up to two hundred thousand dollars ($200,000) may be used statewide for the 
assessments required by subsection (h) of this section. 
(2) Twenty thousand dollars ($20,000) to each participating school unit. 
(3) The remainder of the funds under this section shall be allocated on the basis 
of average daily membership in grades four through eight. 
SECTION 2G.1.(m) Reversion. – Funds appropriated to the Department of Public 
Instruction under this section shall revert to the Helene Fund on October 15, 2025. 
 
PART III. EXTENSION OF STATE OF EMERGENC Y 
SECTION 3.1. In accordance with G.S. 166A-19.20(c)(2), the statewide declaration 
of emergency issued by the Governor in Executive Order No. 315, concurred to by the Council 
of State, and extended by Section 3.1 of S.L. 2024-51, is further extended until June 30, 2025. 
This provision has no effect on Executive Order No. 322, issued by the Governor on October 16, 
2024. 
 
PART IV. REVERSION, LIMITATIONS ON USE O F FUNDS, AUDIT, AND 
REPORTING OF FUNDS 
SECTION 4.1.(a) Reversion. – Except as otherwise provided, funds appropriated 
under Part II of this act shall revert to the Savings Reserve if not expended or encumbered by 
June 30, 2030. 
SECTION 4.1.(b) Receipt of Allocations. – A recipient of State funds under this act 
shall use best efforts and take all reasonable steps to obtain alternative funds that cover the losses 
or needs for which the State funds are provided, including funds from insurance policies in effect 
and available federal aid. State funds paid under this act are declared to be excess over funds 
received by a recipient from the settlement of a claim for loss or damage covered under the 
recipient's applicable insurance policy in effect or federal aid. Where a recipient is an institution 
of higher education or a non-State entity, the requirement regarding alternative funds, and the 
calculation of alternative funds received, under this subsection includes seeking private donations 
to help cover the losses or needs for which State funds are provided. An agency awarding State 
funds for disaster relief shall include a notice to the recipient of the requirements of this 
subsection. 
SECTION 4.1.(c) Remittance of Funds. – If a recipient obtains alternative funds 
pursuant to subsection (b) of this section, the recipient shall remit the funds to the State agency 
from which the State funds were received. A recipient is not required to remit any amount in 
excess of the State funds provided to the recipient under this act. The State agency shall transfer 
these funds to the Savings Reserve.   
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SECTION 4.1.(d) Contract Requirements. – Any contract or other instrument 
entered into by a recipient for receipt of funds under this act shall include the requirements set 
forth in subsections (b) and (c) of this section. 
SECTION 4.1.(e) Limitation on Powers of Governor. – The Governor may not use 
the funds described in this act to make budget adjustments under G.S. 143C-6-4 or to make 
reallocations under G.S. 166A-19.40(c). Nothing in this act shall be construed to prohibit the 
Governor from exercising the Governor's authority under these statutes with respect to funds 
other than those described in this act. 
SECTION 4.1.(f) Directive. – The Governor shall ensure that funds allocated in this 
act are expended in a manner that does not adversely affect any person's or entity's eligibility for 
federal funds that are made available, or that are anticipated to be made available, as a result of 
natural disasters. The Governor shall also, to the extent practicable, avoid using State funds to 
cover costs that will be, or likely will be, covered by federal funds. 
SECTION 4.1.(g) Allocation Reporting Requirements. – Beginning May 15, 2025, 
for the previous quarter, OSBM shall report to the chairs of the House of Representatives and 
Senate Appropriations Committees and to the Fiscal Research Division of the General Assembly 
on the implementation of this act on a quarterly basis until the end of the quarter in which all 
funds are expended and shall also provide any additional reports or information requested by the 
Fiscal Research Division. In reporting on the use of State disaster recovery and assistance funds 
expended pursuant to this act and federal funds received by State agencies for disaster relief and 
recovery efforts, OSBM shall include, regardless of which State agency, federal agency, or 
non-State entity that administers the funds, all of the following for each program: 
(1) The purpose of the program. 
(2) The responsible department or agency. 
(3) Current, year-to-date, and total cumulative funds appropriated, receipted from 
non-State sources, expended, encumbered, and obligated by program and by 
source of funds. 
(4) A summary of activities. 
(5) The total program spending by county, where practicable. 
(6) Funds returned to the Savings Reserve pursuant to subsection (c) of this 
section, as applicable. 
Non-State entities that administer or receive any funds appropriated in this act shall 
assist and fully cooperate with OSBM in meeting OSBM's obligations under this section. 
SECTION 4.1.(h) Relationship to Previous Reporting Requirements. – Subsection 
(g) of this section supersedes Section 7.1(h) of S.L. 2024-51, as amended by Section 5.6 of S.L. 
2024-53, and Section 3.1(g) of S.L. 2024-53 (collectively, the prior reporting requirements). In 
cases of any conflict between the prior reporting requirements and subsection (g) of this section, 
the language in subsection (g) of this section shall prevail. 
SECTION 4.2.(a) Reporting Requirements to State Auditor. – The Office of the 
Governor of North Carolina shall report to the Office of the State Auditor all disaster relief funds 
allocated to Hurricane Helene relief that have been disbursed as of the enactment of this section 
and thereafter shall regularly report future disbursements of all disaster relief funds allocated to 
Hurricane Helene relief as they are disbursed. These reports shall include detailed information 
on all expenditures for personnel, administrative expenses, capital, supplies, and direct aid and 
any documents relevant to funds appropriated by or received by the State of North Carolina for 
disaster relief for Hurricane Helene. 
SECTION 4.2.(b) Auditor Reporting Time Line. – The Office of the Governor shall 
send the required information and documents, in accordance with subsection (a) of this section, 
relating to funds already disbursed to the Office of the State Auditor as soon as practicable but 
no later than 15 business days after this act becomes law. Thereafter, the Office of the Governor 
of North Carolina shall send the required information and documents relating to subsequent   
House Bill 47 	Session Law 2025-2 	Page 15 
disbursements to the Office of the State Auditor on a weekly basis after each disbursement of 
disaster relief funds. 
SECTION 4.2.(c) Audit Requirements. – The State Auditor shall produce a report 
of funds expended for Hurricane Helene relief in North Carolina upon the request of the Joint 
Legislative Commission on Governmental Operations. The State Auditor shall conduct 
additional periodic financial and performance audits of the Division of Emergency Management, 
GROW NC, and any additional financial or performance audits as requested by the General 
Assembly. The audits shall include, at a minimum, all areas of examination as prescribed by 
G.S. 147-64.6. 
SECTION 4.2.(d) Public Dashboard. – The State Auditor shall provide and maintain 
a public online dashboard that compares the amount of funds appropriated by the legislature with 
the amount expended by the executive branch for Hurricane Helene relief and any other 
information the State Auditor deems relevant. 
 
PART V. DISASTER REC OVERY REGULATORY AN D PROCUREMENT 
FLEXIBILITY 
 
EXTENSION OF EXPIRATION DATES FOR CERTAIN REGULATORY 
FLEXIBILITY PROVISIONS 
SECTION 5.1. The following provisions of S.L. 2024-51 (Helene I), S.L. 2024-53 
(Helene II), and S.L. 2024-57 (Helene III) providing regulatory flexibility and (i) expiring, 
ending, or otherwise limited in applicability on any day of March through June 2025 or (ii) for 
which no expiration date is specified are, notwithstanding any provisions of those acts to the 
contrary, extended to the date of expiration of the statewide declaration of emergency issued by 
the Governor in Executive Order No. 315, concurred to by the Council of State, and extended 
pursuant to S.L. 2024-51, this act, or any other enactment of a general law: 
(1) Helene I: 
a. Section 10.1 ("Funding Flexibility for Drinking Water and Wastewater 
Infrastructure Projects"). 
b. Section 16.1 ("Extend Grace Period for Corporations, Nonprofits, and 
LLCs in FEMA-Designated Counties to Correct Grounds for 
Administrative Dissolution"). 
(2) Helene II: 
a. Section 4E.1 ("Authorize State Agencies to Exercise Regulatory 
Flexibility for Employment-Related Certifications"). 
b. Section 4E.3 ("Flexibility for Building Permit Issuance/Inspections in 
Disaster Area"). 
(3) Helene III: 
a. Section 1D.6 ("Temporary Pump and Haul Wastewater Permits"). 
b. Section 1D.7 ("Authorize Waiver of Submission and Approval of 
Sedimentation Pollution Control Plan Prior to Initiation of 
Land-Disturbing Activities in Certain Circumstances"). 
c. Section 1D.8 ("Tree Ordinance Restriction in Disaster Declared 
Counties"). 
d. Section 1D.9 ("Right to Connect Temporary Housing to Wastewater 
Treatment System"). 
e. Section 1E.1 ("Extend Certain Concealed Handgun Permits"). 
f. Section 1F.4 ("Authorize the Office of the State Fire Marshal to 
Promulgate Rules for Temporary Manufactured and Modular 
Dwellings"). 
   
Page 16 	Session Law 2025-2 	House Bill 47 
FACILITATE PERMANENT INSTALLATION OF BROADBAND 
INFRASTRUCTURE 
SECTION 5.2. To facilitate the permanent installation of broadband infrastructure 
damaged by Hurricane Helene, all of the following shall apply: 
(1) If a roadway constructor is repairing, rebuilding, or reconstructing roads or 
related roadway infrastructure located within an affected county that is one 
quarter of a mile or longer in total length, then the roadway constructor shall 
collaborate and cooperate with any broadband provider that is repairing or 
rebuilding the broadband infrastructure that is or was located in or along the 
original road right-of-way. The roadway constructor shall coordinate with the 
broadband provider to install its cable and equipment at the appropriate time 
during the road or related roadway construction process in order to facilitate 
the permanent broadband solution and avoid the necessity of improvements 
being made immediately upon the conclusion of the road or related roadway 
construction process that may extend disruptions to the flow of traffic. 
(2) If a roadway constructor has allowed the installation of a temporary backbone 
broadband service or repair within a roadway right-of-way as an immediate 
means of restoring the backbone broadband service after damage by Hurricane 
Helene, then, upon presentation of data by the broadband provider of the 
backbone broadband service that the permanent installation of that temporary 
backbone broadband service or repair is the most cost-effective and efficient 
means of achieving the permanent solution for the original damaged backbone 
broadband service, then the roadway constructor shall fully cooperate with the 
broadband provider to enable the broadband provider to convert the temporary 
solution to the permanent solution. 
(3) The Department of Transportation and local governments shall allow the 
underground installation of broadband infrastructure within rights-of-way as 
needed for repair of broadband infrastructure damaged by Hurricane Helene 
in affected counties. 
 
ALLOW USE OF INMATES TO CLEAN UP DEBRIS ON PUBLIC ROADS AND 
ROADSIDES 
SECTION 5.3.(a) The Department of Adult Correction shall coordinate with the 
Department of Transportation to allow for the use of inmates to clean up debris resulting from 
Hurricane Helene on public roads and roadsides in the affected areas. Except for the requirement 
that the number and location of prisoners be agreed to far enough in advance of each budget, the 
coordination required under this section shall be in accordance with G.S. 148-26(b). 
SECTION 5.3.(b) Section 19C.10(a) of S.L. 2021-180 reads as rewritten: 
"SECTION 19C.10.(a) Notwithstanding G.S. 162-58, and consistent with the provisions of 
Article 3 of Chapter 148 of the General Statutes, sheriffs having custody of inmates under the 
Statewide Misdemeanant Confinement Program may utilize those inmates to maintain the 
cleanliness of areas along local and State roadways.roadways, which may include the removal of 
debris resulting from a major disaster declaration by the President of the United States under the 
Stafford Act (P.L. 93-288) or a disaster declared by the Governor under G.S. 166A-19.21." 
SECTION 5.3.(c) Subsection (b) of this section is effective when it becomes law 
and applies to debris removal resulting from disaster declarations made before, on, or after that 
date. 
 
PROPERTY DISTRIBUTED AND ACQUIRED BY LOCAL GOVERNMENTS AND 
VOADS TO AID IN DISASTER RECOVERY   
House Bill 47 	Session Law 2025-2 	Page 17 
SECTION 5.4.(a) Article 3 of Chapter 143 of the General Statutes is amended by 
adding a new section to read: 
"§ 143-49.2.  Purchases by Volunteer Organizations Active in Disasters. 
In consideration of public service, any member organization of Volunteer Organizations 
Active in Disasters (hereinafter "VOAD member") in the State of North Carolina may purchase 
heavy construction equipment and motor vehicles under State contract through the Department 
of Administration if the equipment and motor vehicles are purchased for the purpose of aiding in 
disaster recovery in this State. The Department of Administration shall make its services 
available to these organizations in the purchase of the equipment and motor vehicles under the 
same laws, rules, and regulations applicable to nonprofit organizations as provided in 
G.S. 143-49(6). Any proceeds or benefit received by a VOAD member from the disposition or 
sale of equipment or motor vehicles purchased under this section shall be used for a public 
purpose only." 
SECTION 5.4.(b)  Article 3A of Chapter 143 of the General Statutes is amended by 
adding a new Part to read: 
"Part 4. Miscellaneous. 
"§ 143-64.8.  Distribution of surplus property for disaster recovery. 
(a) Notwithstanding any provision of Part 1 or Part 2 of this Article, the Department of 
Administration as the State Surplus Property Agency and State agency for federal surplus 
property shall regularly publish on its website a list of all heavy construction equipment and 
motor vehicles in its possession and control for review and consideration by units of local 
government and member organizations of Volunteer Organizations Active in Disasters 
(hereinafter "VOAD member") as to the useability of the equipment and motor vehicles for 
disaster recovery efforts in the State of North Carolina. The Department shall loan the property 
to units of local government and VOAD members on a first-come basis for a period of five years 
without assessing or collecting any service charge or fee; provided, however, any distribution of 
property obtained from the United States of America shall comply with federal guidelines for the 
distribution of federal surplus property and the provisions of G.S. 143-64.2(f). Property loaned 
to a unit of local government or VOAD member under this section shall not be transferred to 
another entity by the unit or VOAD member. After the expiration of the five-year time period, 
the property loaned under this section shall become the property of the unit of local government 
or VOAD member, as appropriate, and they may sell or otherwise dispose of the property. Any 
proceeds or benefit received by a VOAD member from the disposition or sale of the property 
shall be used for a public purpose only. The use of proceeds or benefits received from the sale of 
the property by a unit of local government is for a public purpose. 
(b) The Department of Administration shall maintain a record of each piece of 
construction equipment and each motor vehicle distributed under subsection (a) of this section, 
the unit of local government or VOAD member to which the equipment and/or motor vehicle 
was distributed, and the approximate value of the equipment and/or motor vehicle at the time of 
distribution. Not later than February 1 of each fiscal year, the Department shall submit a report 
detailing the distributions to the House Appropriations Committee on General Government, the 
Senate Appropriations Committee on General Government and Information Technology, and the 
Fiscal Research Division." 
 
DEPARTMENT OF TRANSP ORTATION THIRD -PARTY ADMINISTRATOR FOR 
FEMA AND FHWA REIMBU RSEMENTS 
SECTION 5.5. The Department of Transportation shall enter into a contract with a 
third-party administrator to expeditiously seek reimbursement from FEMA and the Federal 
Highway Administration (FHWA) for all qualifying disaster expenditures in the affected area. 
No later than the end of each month, the Department shall submit a report to the Joint Legislative 
Transportation Oversight Committee and the Fiscal Research Division that contains an itemized   
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list of all disaster expenditures in the affected area that qualify for federal reimbursement for 
which reimbursement is still pending and the expected amount, including the total amount spent 
for each expenditure, the expected amount of reimbursement to be received for each expenditure, 
the reimbursement amount received to date, the dates the work plans and reimbursement 
applications were submitted, and the expected dates of reimbursement. 
 
FUNERAL ESTABLISHMENT EXEMPTION WAIVER 
SECTION 5.6.(a) G.S. 90-210.27A(a1) reads as rewritten: 
"(a1) If the preparation room of a funeral establishment is damaged or destroyed by fire, 
weather, weather event, or other natural disaster, the Board may suspend the requirements of 
subsection (a) subsections (a) and (c) of this section, in part or whole, for a period not to exceed 
180 days, two years, provided that the funeral establishment remains in compliance with the 
requirements of G.S. 90-210.25(d1) and G.S. 90-210.25(a2)(2) and (d) and all other applicable 
State laws, rules, regulations, and requirements of the Division of Health Services and regulations 
of the municipality town, municipality, or county where the funeral establishment is located. To 
receive a suspension an extension of more than 90 days, two years from the date of loss, the 
applicant must show good cause for additional time.funeral establishment may petition a court 
of competent jurisdiction who, upon finding that granting the requested extension would not 
negatively affect the public health, safety, and welfare, may grant an additional extension not to 
exceed three years from the date of loss or one year from the date of the court's order, whichever 
is greater." 
SECTION 5.6.(b) The North Carolina Board of Funeral Service may adopt rules to 
implement the provisions of this section. 
 
RECONSTRUCTION OF NONCONFORMING RESIDENTIAL STRUCTURES 
SECTION 5.7.(a) Notwithstanding any local government development regulation to 
the contrary, and to the extent allowed by federal law, reconstruction or repair of a 
nonconforming residential structure in the affected area shall be allowed when all of the 
following criteria are met: 
(1) The structure shall not be enlarged beyond its original footprint. 
(2) The structure shall serve the same or similar residential use. 
(3) There are no alternatives for replacing the structure to provide the same or 
similar benefits to the structure owner in compliance with current law. 
(4) The structure will be reconstructed so as to comply with a local government's 
current development regulations to the maximum extent possible. 
(5) If located in an area regulated by a unit of local government pursuant to a 
floodplain or flood damage prevention regulation, the structure will be 
compliant with the regulation. 
(6) Reconstruction shall comply with any federal law requiring local government 
implementation and enforcement. 
SECTION 5.7.(b) For purposes of this section, "development regulation" means a 
unified development ordinance, zoning regulation, subdivision regulation, historic preservation 
or landmark regulation, or any other regulation adopted pursuant to Chapter 160D of the General 
Statutes or a local act or charter that regulates land use or development. The term shall not include 
(i) a floodplain or flood damage prevention regulation, (ii) local regulations adopted pursuant to 
G.S. 143-138(e) or adopted pursuant to the North Carolina State Building Code, (iii) erosion and 
sedimentation or stormwater control regulations adopted to comply with requirements of federal 
law, or (iv) any other regulations adopted to comply with requirements of federal law. 
SECTION 5.7.(c) This section is effective when it becomes law and expires June 
30, 2030. 
   
House Bill 47 	Session Law 2025-2 	Page 19 
SCHOOL CALENDAR FLEXIBILITY AND SCHOOL NUTRITION COMPENSATION 
SECTION 5.8.(a) Calendar Flexibility. – Notwithstanding G.S. 115C-84.2(a)(1) or 
any other provision of State law to the contrary, for any instructional days or equivalent hours 
missed due to inclement weather during the months of December 2024 through February 2025, 
the governing body of a public school unit may, in their discretion, (i) make up any number of 
the instructional days or equivalent hours missed, (ii) deem as completed any number of the 
instructional days or equivalent hours missed up to a total of 10 days, or (iii) implement a 
combination of both of the above. This section applies only to public school units located in the 
following counties: 
(1) Ashe County. 
(2) Avery County. 
(3) Buncombe County. 
(4) Burke County. 
(5) Haywood County. 
(6) Henderson County. 
(7) Madison County. 
(8) McDowell County. 
(9) Mitchell County. 
(10) Rutherford County. 
(11) Transylvania County. 
(12) Watauga County. 
(13) Yancey County. 
SECTION 5.8.(b) Employee Compensation. – All employees and contractors of a 
public school unit granted school calendar flexibility under subsection (a) of this section shall be 
deemed to have worked for any scheduled instructional days missed due to inclement weather 
during the months of December 2024 through February 2025 that a public school unit has deemed 
completed and is not required to make up. Employees and contractors shall be compensated in 
the same manner they would have if they had worked on the scheduled instructional days missed. 
SECTION 5.8.(c) School Nutrition Compensation. – Notwithstanding any provision 
of Section 6.1(a)(2) of S.L. 2024-51 to the contrary, of the funds appropriated to the Department 
of Public Instruction in Section 6.1(a)(2) of S.L. 2024-51, the Department shall provide, from 
within funds available, compensation to public school unit employees and contractors of schools 
participating in the National School Lunch Program or School Breakfast Program for scheduled 
instructional days when compensation would have been provided by school meal receipts or by 
federal funds either (i) as authorized by this section or (ii) for a scheduled instructional day which 
was provided remotely pursuant to Section 8.1(b) of S.L. 2024-51. Employees and contractors 
compensated using funds described in this section shall be compensated in the same manner they 
would have had they worked on the scheduled instructional days missed or provided remotely. 
If the funds described by this section are insufficient to provide compensation 
authorized by this section to public school unit employees and contractors in schools participating 
in the National School Lunch Program or School Breakfast Program for scheduled instructional 
days when compensation would have been provided by school meal receipts or by federal funds, 
the Department of Public Instruction shall develop a uniform criteria to determine the 
comparative economic need of public school units to which this section applies and shall ensure 
that priority is given to public school units with greatest economic need when awarding available 
funds. 
SECTION 5.8.(d) Reporting Requirement. – No later than May 1, 2025, the 
Department of Public Instruction shall report to the Joint Legislative Education Oversight 
Committee and the Fiscal Research Division the following information for each public school 
unit listed in this section:   
Page 20 	Session Law 2025-2 	House Bill 47 
(1) The number of instructional days or hours missed due to inclement weather 
during the months of December 2024 through February 2025. 
(2) The number of days deemed complete pursuant to this section. 
(3) Any makeup days scheduled for days missed during the months of December 
2024 through February 2025. 
(4) Any compensation provided to employees and contractors pursuant to 
subsection (c) of this section. 
 
EXTEND QUALITY IMPROVEMENT PLAN FLEXIBILITY 
SECTION 5.9. Section 4B.3 of S.L. 2024-53 reads as rewritten: 
"SECTION 4B.3.(a) Waiver of Collaborative Practice Agreement Rules. – Notwithstanding 
any other provision of law to the contrary, neither the North Carolina Medical Board nor the 
North Carolina Board of Nursing shall enforce any provision of the annual review rules or the 
quality improvement plan rules for collaborative practice agreements under (i) 21 NCAC 36 
.0806, .0810, .0813, (ii) 21 NCAC 32S .0204, .0213, and (iii) 21 NCAC 32M .0110 and .0115 if 
the physician assistant or nurse practitioner resides in or is employed in the affected area. 
"SECTION 4B.3.(b) Waiver of Fees. – Notwithstanding any other provision of law to the 
contrary, neither the North Carolina Medical Board nor the North Carolina Board of Nursing 
shall enforce any provision of the rules listed in subsection (a) of this section to the extent they 
require any individual to fill out an application or pay a fee, provided that individual (i) is 
providing volunteer health care services in the affected area to assist with disaster recovery and 
relief efforts within the scope of his or her license or (ii) qualifies under subsection (a) of this 
section. 
"SECTION 4B.3.(c) Limitation. – Any physician assistant or nurse practitioner holding an 
approval to practice or a license that has been surrendered or is currently suspended due to 
disciplinary action does not qualify for the waivers under this section. 
"SECTION 4B.3.(d) Expiration. – This section expires when one year after the statewide 
declaration of emergency was issued by the Governor in Executive Order No. 315, concurred to 
by the Council of State and as extended pursuant to S.L. 2024-51 and any other enactment of a 
general law, expires.315." 
 
UTILITY EMERGENCY AUTHORITY 
SECTION 5.10. Utilities are responsible for obtaining easements arising from land 
acquisition for pole and transformer replacement and repair. Notwithstanding the foregoing, in 
order to allow utilities the necessary time to identify and resolve potential claims by private 
landowners in the affected area, no claim for inverse condemnation or trespass arising from pole 
and transformer replacement and repair may be filed during the period the statewide declaration 
of emergency referenced in Section 3.1 of this act is in effect until one year after that declaration's 
expiration. The statute of limitations for such claims shall be extended for the same period, and 
the landowner shall be able to recover prejudgment interest from the date of the pole or 
transformer replacement or repair to the date of the date of judgment. 
 
EXTEND THE TIME -LIMITED REMOVAL OF BARRIERS TO ALLOW RETIREES 
OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM AND THE 
LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM TO RETURN TO 
WORK ON A PART-TIME, TEMPORARY, OR INTERIM BASIS 
SECTION 5.11. Section 12.1 of S.L. 2024-51 reads as rewritten: 
"SECTION 12.1.(a) For individuals who retired under the Teachers' and State Employees' 
Retirement System (TSERS) on or after April 1, 2024, but before October 1, 2024, March 1, 
2025, the six-month separation from service from an employer required under G.S. 135-1(20) in 
order for a retirement to become effective shall not apply and instead a one-month separation   
House Bill 47 	Session Law 2025-2 	Page 21 
shall be required, provided that the position to which the individual returns is needed due to the 
state of emergency related to Hurricane Helene or associated Hurricane Helene recovery efforts, 
as certified to the Retirement Systems Division of the Department of State Treasurer by the 
employing agency. 
"SECTION 12.1.(b) Upon the expiration of subsection (a) of this section, all of the 
following shall apply: 
(1) The six-month separation from an employer required under G.S. 135-1(20) 
shall again be applicable to individuals who retired under TSERS on or after 
April 1, 2024, but before October 1, 2024.March 1, 2025. 
(2) In order for a member's retirement under TSERS on or after April 1, 2024, but 
before October 1, 2024, March 1, 2025, to become effective in any month, the 
member must perform no work for an employer, including part-time, 
temporary, substitute, or contractor work, at any time between the expiration 
of subsection (a) of this section and the end of the six months immediately 
following the effective date of retirement, provided the expiration of the 
six-month period of separation did not occur while subsection (a) of this 
section was in effect. 
"SECTION 12.1.(c) For individuals who retired under TSERS on or after April 1, 2024, but 
before October 1, 2024, March 1, 2025, any time worked between September 25, 2024, and the 
time subsection (a) of this section expires shall not be considered work for the purposes of the 
six-month separation required under G.S. 135-1(20) or for the purposes of G.S. 135-3(d), 
provided the position held by the individual is needed due to the state of emergency related to 
Hurricane Helene or associated Hurricane Helene recovery efforts, as certified to the Retirement 
Systems Division of the Department of State Treasurer by the employing agency. 
"SECTION 12.1.(d) For individuals who retired prior to October 1, 2024, March 1, 2025, 
any earnings received between September 25, 2024, and the time that subsection (a) of this 
section expires shall not be treated as earned by a TSERS beneficiary under the provisions of 
G.S. 135-3(a)(8)c., provided those earnings are related to a position needed due to the state of 
emergency related to Hurricane Helene or associated Hurricane Helene recovery efforts, as 
certified to the Retirement Systems Division of the Department of State Treasurer by the 
employing agency. 
"SECTION 12.1.(e) For individuals who retired prior to October 1, 2024, March 1, 2025, 
any earnings received between September 25, 2024, and the time that subsection (a) of this 
section expires shall not be treated as earned by a beneficiary of the Local Governmental 
Employees Retirement System (LGERS) under the provisions of G.S. 128-24(5)c., provided 
those earnings are related to a position needed due to the state of emergency related to Hurricane 
Helene or associated Hurricane Helene recovery efforts, as certified to the Retirement Systems 
Division of the Department of State Treasurer by the employing unit. 
"SECTION 12.1.(f) Any benefits received by or paid to a law enforcement officer, retired 
law enforcement officer, sheriff, or retired sheriff under Article 12D or Article 12H of Chapter 
143 of the General Statutes shall not be impacted by any work performed between September 
25, 2024, and the time that subsection (a) of this section expires, provided that work performed 
is needed due to the state of emergency related to Hurricane Helene or associated Hurricane 
Helene recovery efforts, as documented by the employing unit or agency. 
"SECTION 12.1.(g) Subsection (a) of this section expires when the statewide declaration of 
emergency issued by the Governor in Executive Order No. 315, concurred to by the Council of 
State and as extended pursuant to this act and any other enactment of a general law, expires." 
 
DELAY 2024 NORTH CAROLINA STATE BUILDING CODE EFFECTIVE DATE   
Page 22 	Session Law 2025-2 	House Bill 47 
SECTION 5.12.(a) Definitions. – For purposes of this section, "2024 North Carolina 
State Building Code" means the North Carolina State Building Code collection and amendments 
to the Code, as adopted by the Building Code Council, effective July 1, 2025. 
SECTION 5.12.(b) Effective Date Delay. – Notwithstanding G.S. 143-138(d), 
Section 2 of S.L. 2013-118, Section 1F.3.(b) of S.L. 2024-57, or any other provision to the 
contrary, the 2024 North Carolina State Building Code shall become effective 12 months after 
the first day of the month following the date the State Fire Marshal certifies, by letter to the 
Revisor of Statutes with copies sent to the President Pro Tempore of the Senate and the Speaker 
of the House of Representatives, that both of the following events have occurred: 
(1) The Building Code Council and Residential Code Council have completed all 
of the following publication and distribution requirements: 
a. The initial publication and printing of the adopted 2024 North Carolina 
State Building Code, including all amendments adopted as of the 
effective date of this act. 
b. The distribution of copies of the initially published 2024 North 
Carolina State Building Code to all State and local officials and 
departments who are required to receive copies of the Code under 
G.S. 143-138(g) without the necessity of a written request. 
c. The making of copies of the initial publication of the 2024 North 
Carolina State Building Code available for purchase by members of 
the general public. 
(2) The Residential Code Council is fully constituted in accordance with the 
membership requirements set forth in G.S. 143-136.1. 
SECTION 5.12.(c) Notification Required. – Upon the occurrence of both events 
specified in subdivisions (1) and (2) of subsection (b) of this section, the State Fire Marshal shall 
send certification as required under subsection (b) of this section. 
SECTION 5.12.(d) No Abrogation. – Nothing in this section abrogates the duties of 
the Building Code Council or Residential Code Council during the delay created by subsection 
(b) of this section, including finalizing its publication, providing technical assistance, and 
educating the public regarding changes to the North Carolina State Building Code. 
SECTION 5.12.(e) Expiration. – This section expires 12 months after the first day 
of the month following the notification required by the State Fire Marshal in subsection (c) of 
this section. 
 
PART VI. MISCELLANEO US PROVISIONS 
 
RETROACTIVE APPLICABILITY 
SECTION 6.1. Any provision extended under Part III or Section 5.1 of this act shall 
be retroactively effective on March 1, 2025, unless otherwise prohibited by law. 
 
EFFECT OF HEADINGS 
SECTION 6.2. The headings to the parts and sections of this act are a convenience 
to the reader and are for reference only. The headings do not expand, limit, or define the text of 
this act, except for effective dates referring to a part or section. 
 
SEVERABILITY CLAUSE 
SECTION 6.3. If any section or provision of this act is declared unconstitutional or 
invalid by the courts, it does not affect the validity of this act as a whole or any part other than 
the part so declared to be unconstitutional or invalid. 
 
    
House Bill 47 	Session Law 2025-2 	Page 23 
EFFECTIVE DATE 
SECTION 6.4. Except as otherwise provided, this act is effective when it becomes 
law. 
In the General Assembly read three times and ratified this the 19
th
 day of March, 2025. 
 
 
 	s/  Phil Berger 
  President Pro Tempore of the Senate 
 
 
 	s/  Destin Hall 
  Speaker of the House of Representatives 
 
 
 	s/  Josh Stein 
  Governor 
 
 
Approved 7:26 p.m. this 19
th
 day of March, 2025