Disaster Recovery Act of 2024

• §1.1
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  This act shall be known as "The Disaster Recovery Act of 2024." PART II.

• §2.1.(a)
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  The General Assembly finds that Hurricane Helene was an extremely strong Category 4 hurricane with maximum sustained winds of 140 miles per hour that made landfall on September 26, 2024, along Florida

• §2.1.(b)
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  The General Assembly finds that, as a result of Hurricane Helene, the following has occurred: (1) Western North Carolina endured record-breaking rainfall that created several 1,000-year flood events i

• §3.1
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  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, is extended until March 1, 202

• §4.1.(a)
  ActiveAutoOffice of State Budget and Management · Gov Ops

  The Hurricane Helene Disaster Recovery Fund (Helene Fund) is established.

• §4.1.(b)
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  Except as otherwise provided, the funds contained in the Helene Fund shall only be expended to support disaster relief and recovery efforts in the following counties: (1) Any county declared a major d

• §4.1.(c)
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  Funds shall be drawn from the Helene Fund only as needed upon justification by a State agency as evidence of the need for funds related to Hurricane Helene.

• §5.1.(a)
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  The Potential Tropical Cyclone #8 Disaster Recovery Fund (PTC8 Fund) is established.

• §5.1.(b)
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  The funds contained in the PTC8 Fund shall only be expended to support disaster relief and recovery efforts in Brunswick and New Hanover Counties.

• §5.1.(c)
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  Funds shall be drawn from the PTC8 Fund only as needed upon justification by a State agency as evidence of the need for funds related to PTC8.

• §6.1.(a)
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  Notwithstanding G.S. 143C-4-2, the State Controller shall transfer the sum of two hundred seventy-three million dollars ($273,000,000) for the 2024-2025 fiscal year from the Savings Reserve establishe

• §6.1.(b)
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  It is the intent of the General Assembly to appropriate funds to the PTC8 Fund, established in this act, after appropriate damage assessments are completed in the disaster area.

• §6.1.(c)
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  It is the intent of the General Assembly to appropriate funds to support disaster relief and recovery efforts in Nash County after appropriate damage assessments are completed.

• §6.2
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  Funds received on or after September 1, 2024, under the Stafford Act (P.L. 93-288) and other federal disaster assistance programs for State disasters as a result of Hurricane Helene or PTC8, are appro

• §7.1.(a)
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  Funds appropriated under Part VI of this act shall revert to the Savings Reserve established in G.S. 143C-4-2 if not expended or encumbered by June 30, 2030.

• §7.1.(b)
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  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, includ

• §7.1.(c)
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  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.

• §7.1.(d)
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  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.

• §7.1.(e)
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  For purposes of this section, the term "recipient" means a local political subdivision of the State, a State agency, a State department, or a non-State entity.

• §7.1.(f)
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  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).

• §7.1.(g)
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  The Governor shall also 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,

• §8.1.(a)
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  Notwithstanding G.S. 115C-84.2(a)(1), 115C-150.12C(3), 115C-218.85(a)(1), 115C-238.53(d), 115C-238.66(1)d., 116-239.8(b)(2)c., Section 6(e) of S.L. 2018-32, and any other provision of State law to the

• §8.1.(b)
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  Notwithstanding G.S. 115C-84.3(b) and any other provision of State law to the contrary, the following remote instruction limits apply for the 2024-2025 school year: (1) Public school units located in

• §8.1.(c)
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  Except in the case of a charter school, all employees and contractors of a public school unit shall be deemed to have worked for any scheduled instructional days missed due to Hurricane Helene during

• §8.1.(d)
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  The Department of Public Instruction shall report to the Joint Legislative Education Oversight Committee and the Fiscal Research House Bill 149 Session Law 2024-51 Page 5 Division on the implementatio

• §8.2.(a)
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  Notwithstanding Section 1.3(e) of S.L. 2024-39, the bonuses provided to qualifying principals pursuant to Section 1.3 of S.L. 2024-39 shall be paid no later than November 30, 2024, to qualifying princ

• §8.2.(b)
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  This section applies only to qualifying principals employed in a public school unit that is located in a county (i) declared a major disaster by the President of the United States under the Stafford A

• §8.3.(a)
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  Notwithstanding G.S. 115C-269.25(d)(1), a student who is enrolled in an educator preparation program (EPP) that is assigned the status of initially authorized or authorized by the State Board of Educa

• §8.3.(b)
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  By February 1, 2025, any EPP with an enrolled student who has his or her clinical internship requirement deemed completed pursuant to subsection (a) of this section shall report to the State Board of

• §9.1.(a)
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  In response to the disaster caused by Hurricane Helene and its aftermath, the following shall apply for the November 2024 election only in the counties listed in subsection (b) of this section: (1) No

• §9.1.(b)
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  This section applies only to the impacted Counties of Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Clay, Cleveland, Gaston, Haywood, Henderson, Jackson, Lincoln, Macon, Madis

• §9.1.(c)
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  The funds appropriated in this act to the State Board of Elections shall be used for the following purposes to facilitate voting in the counties listed in Section 9.1(b) of this act.

• §9.1.(d)
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  This section is effective when it becomes law and applies for the November 2024 election only.

• §9.2.(a)
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  In response to the disaster caused by Hurricane Helene and its aftermath, the following shall apply in all counties for the November 2024 election only: (1) For voted absentee ballots returned in acco

• §9.2.(b)
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  The State Board of Elections, no later than April 15, 2025, shall report to the Joint Legislative Elections Oversight Committee as to the efforts made to implement this Part.

• §10.1.(a)
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  The following definitions apply to this section: (1) Infrastructure funding provision. – An appropriation to the Clean Water Reserve or the Drinking Water Reserve for wastewater or drinking water infr

• §10.1.(b)
  ActiveAutoDepartment of Environmental Quality · NER

  Notwithstanding any provision of (i) Chapters 159G and 143C of the General Statutes and (ii) the requirements and limitations of any infrastructure funding provision, the Department of Environmental Q

• §10.2
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  G.S. 143-215.3 is amended by adding a new subsection to read: "(g) Wastewater Management Authority During State of Emergency. – When a state of emergency, as defined in G.S. 166A-19.3, has been declar

• §10.3.(a)
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  The following definitions apply to this section and its implementation: (1) The definitions set out in G.S. 130A-290. (2) The definitions set out in 15A NCAC 02D .0101 (Air Pollution Control Requireme

• §10.3.(b)
  ActiveAutoDepartment of Environmental Quality · NER

  From the date that the state of emergency was declared by the Governor under Executive Order No. 315 through March 31, 2025, the open burning of storm-related debris is permissible without an air qual

• §10.3.(c)
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  The provisions of subsection (b) of this section shall not be construed to (i) allow the burning of inert debris, including asphalt shingles, tar paper, insulation, drywall, concrete, bricks, or glass

• §10.3.(d)
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  The authority to conduct open burning pursuant to this section does not exempt or excuse a person from the consequences, damages, or injuries that may result from this conduct.

• §10.4
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  Article 78 of Chapter 106 of the General Statutes is amended by adding a new section to read: "§ 106-951.

• §10.5.(a)
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  For purposes of this section and its implementation, "Air Curtain Incinerators Rule" means 15A NCAC 02D .1904 (Air Curtain Incinerators).

• §10.5.(b)
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  Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the

• §10.5.(c)
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  Consistent with recent revisions to the federal Clean Air Act's Air Curtain Incinerators Title V Permitting provisions, owners and operators of permanent and temporary air curtain incinerators subject

• §10.5.(d)
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  The Commission shall adopt a rule to amend the Air Curtain Incinerators Rule consistent with subsection (c) of this section.

• §10.5.(e)
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  This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

• §10.6
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  Section 4.2 of S.L. 2020-4, as amended by Section 1.6 of S.L. 2020-97, Section 20.11 of S.L. 2022-6, Section 11.12 of S.L. 2022-74, and Section 11.5A of S.L. 2023-134, reads as rewritten: "SECTION 4.2

• §11.1.(a)
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  Notwithstanding G.S. 20-14, 20-37.7, 20-85, and 20-88.03, the Governor may waive any fees assessed by the Division of Motor Vehicles under those sections for the following: (1) A duplicate drivers lic

• §11.1.(b)
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  The waiver authorized under subsection (a) of this section only applies to residents of counties impacted by Hurricane Helene or PTC8, as determined by the Governor.

• §11.2
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  G.S. 166A-19.30(a) reads as rewritten: "§ 166A-19.30.

• §11.3.(a)
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  Notwithstanding any other provision of law and without impact on otherwise established caps on a contracting methodology, the Department of Transportation is authorized to utilize the following method

• §11.3.(b)
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  The temporary authority granted by this section applies to all of the counties identified in Section 4.1(b)(1) of this act.

• §12.1.(a)
  ActiveAutoDepartment of State Treasurer · Gov Ops

  For individuals who retired under the Teachers' and State Employees' Retirement System (TSERS) on or after April 1, 2024, but before October 1, 2024, the six-month separation from service from an empl

• §12.1.(b)
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  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 indivi

• §12.1.(c)
  ActiveAutoDepartment of State Treasurer · Gov Ops

  For individuals who retired under TSERS on or after April 1, 2024, but before October 1, 2024, any time worked between September 25, 2024, and the time subsection (a) of this section expires shall not

• §12.1.(d)
  ActiveAutoDepartment of State Treasurer · Gov Ops

  For individuals who retired prior to October 1, 2024, 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 TSE

• §12.1.(e)
  ActiveAutoDepartment of State Treasurer · Gov Ops

  For individuals who retired prior to October 1, 2024, 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 ben

• §12.1.(f)
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  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 shal

• §12.1.(g)
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  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 t

• §12.2
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  Effective October 1, 2024, notwithstanding G.S. 126-6.3(a1), temporary employees, as defined by G.S. 126-6.3(c)(7), who are working to support disaster recovery response efforts are exempt from the ma

• §13.1.(a)
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  Notwithstanding G.S. 105-241.21(b), the Secretary of Revenue shall waive the accrual of interest from September 25, 2024, through May 1, 2025, on an underpayment of tax imposed on a franchise, corpora

• §13.1.(b)
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  Notwithstanding G.S. 105-241.21(b), the Secretary shall waive the accrual of interest as described in this subsection for an underpayment of State, local, or transit sales and use taxes by a taxpayer

• §13.1.(c)
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  Notwithstanding G.S. 105-241.21(b) and excluding taxpayers under G.S. 105-163.6(d), the Secretary of Revenue shall waive the accrual of interest as described in this subsection for an underpayment of

• §13.1.(d)
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  The election under G.S. 105-154.1 for partnerships or G.S. 105-131.1A for S Corporations for tax year 2023 will be considered timely on an annual return due after September 25, 2024, and before May 1,

• §14.1.(a)
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  Notwithstanding any provision of law to the contrary, preliminary hearings related to violations of post-release supervision: (1) May, in addition to options under current law, be held where the super

• §14.1.(b)
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  Notwithstanding any provision of law to the contrary, preliminary hearings related to violations of parole: (1) May, in addition to options under current law, be held where the supervisee is presently

• §14.1.(c)
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  This section applies only to the counties identified in Section 4.1(b) of this act.

• §14.1.(d)
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  This section is effective when it becomes law, applies to preliminary hearings related to violations of post-release supervision or parole occurring on or after that date, and shall expire after 21 da

• §15.1.(a)
  ActiveAutoDivision of Central Management and Support · HHS

  Notwithstanding G.S. 110-91 or any other law or rule to the contrary, the Department of Health and Human Services may temporarily waive or modify certain mandatory standards for a license for child ca

• §15.1.(b)
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  The temporary authority granted by subsection (a) of this section applies only to the counties identified in Section 4.1(b) of this act.

• §15.1.(c)
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  This section is effective when it becomes law and 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 ext

• §15.2.(a)
  ActiveAutoHealth Service Regulation · HHS

  Notwithstanding G.S. 131E-176(5) or any other law to the contrary, the Department of Health and Human Services, Division of Health Service Regulation, may do one or more of the following in an area im

• §15.2.(b)
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  The temporary authority granted by subsection (a) of this section applies only to the counties identified in Section 4.1(b) of this act.

• §15.2.(c)
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  This section is effective when it becomes law and 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 ext

• §15.3.(a)
  ActiveAutoHealth Service Regulation · HHS

  Notwithstanding G.S. 131D-2.7(a) or any other law to the contrary, the Department of Health and Human Services, Division of Health Service Regulation, may extend a provisional license issued to an adu

• §15.3.(b)
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  The temporary authority granted by subsection (a) of this section applies only to the counties identified in Section 4.1(b) of this act.

• §15.3.(c)
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  This section is effective when it becomes law and 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 ext

• §16.1
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  Notwithstanding the provisions of G.S. 55-14-21(b), 55A-14-21(b), and 57D-6-06(b), any corporation, nonprofit, or LLC in a county designated by FEMA for individual assistance, including the Eastern Ba

• §16.2.(a)
  ActiveAutoDepartment of Insurance · Gov Ops

  Notwithstanding any other provision of law, for any single commercial or residential project, the Department of Insurance, counties, and cities shall not impose any fee associated with a permit, inspe

• §16.2.(b)
  ActiveAutoDepartment of Insurance · Gov Ops

  The moratorium provided in subsection (a) of this section applies in North Carolina counties designated under a major disaster declaration by the President of the United States under the Stafford Act

• §17.1
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  It is the intent of the General Assembly to review the funds appropriated by Congress for disaster relief and to consider actions needed to address any remaining unmet needs.

• §17.2
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  It is the intent of the General Assembly that, during this time of rebuilding and relief efforts, each State agency should strive to acquire goods and services from historically underutilized business

• §17.3
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  The appropriations and allocations made in this act are for maximum amounts necessary to implement this act.

• §17.4
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  The Governor may establish part-time and full-time personnel positions to implement this act.

• §18.1
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  Except as otherwise provided, this act is effective when it becomes law.

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