Read the full stored bill text
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 REGULATORY
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 H ELENE DISASTER RECOVERY AP PROPRIATIONS AND
PROGRAMS
SUBPART II -A. DISAST ER 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.
Page 2 Session Law 2025-2 House Bill 47
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 twe nty 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 Joi nt
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 cleanu p 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 Comm erce 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 I ndividual 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 PROVIDE 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.
Page 4 Session Law 2025-2 House Bill 47
(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 re covery 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 legi slative, 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 th e 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 Manag ement 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 t he 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 sha ll 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 R esearch 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 secti on 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
Page 6 Session Law 2025-2 House Bill 47
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. PRIVAT E 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 Assemb ly 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 re lief
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 su bsection 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 percen t (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 agric ultural 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 su bpart 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 for mula 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.
Page 8 Session Law 2025-2 House Bill 47
(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 calc ulated. 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 consi der 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 e nsure 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 so cial 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 fina ncial 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 rest oration, 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 INFRASTRUCTURE 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 Hele ne that, until repaired, inhibits access to or
Page 10 Session Law 2025-2 House Bill 47
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 to tal 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 quali fying 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 PROGRAM
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 H urricane 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 Pr ogram. 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 enr oll 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 re quirements 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 sh all 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.
Page 12 Session Law 2025-2 House Bill 47
(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 b y 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 con sidered 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 deem ed 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 m ake 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 en sure 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 EMERGENCY
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 F UNDS, 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.
Page 14 Session Law 2025-2 House Bill 47
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, fede ral 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 Requi rements. – 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 s ubsequent
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 financ ial 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 Rest riction 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 t o
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 immedi ate
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 infrastru cture 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 o f 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 l aws, 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 e quipment 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 an d 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 un it 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 REIMBURSEMENTS
SECTION 5.5. The Department of Transportation shall enter into a contract with a
third-party administrator to expeditiously seek reimbursement from FEMA a nd 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
Page 18 Session Law 2025-2 House Bill 47
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 t o 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 un its 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 sched uled 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 ag reements 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 indi vidual 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. No twithstanding 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 p eriod, 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 t o 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 expi res 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 ea rnings 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 Syste m (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 da y 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 a mendments 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. MISCELLANEOUS 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 expa nd, 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 v alidity 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 19th 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 19th day of March, 2025