12 The General Assembly 2024
The act also addressed a number of areas impacted by the Hurricane; these provisions were
largely temporary, with the expirations specified in the act. Addressing education impacts, the act
allowed for flexibility in instructional hours for schools, including allowing remote instruction, in
areas under the Presidential major disaster declaration who missed instructional hours, and provided
public school employee compensation for days missed in September and October. The act also
extended the deadline for paying principal bonuses and amended requirements for the completions
of an internship by students enrolled in an educator preparation program.
For Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Clay,
Cleveland, Gaston, Haywood, Henderson, Jackson, Lincoln, Macon, Madison, McDowell, Mitchell,
Polk, Rutherford, Transylvania, Watauga, Wilkes, and Yancey counties, the act set out a number of
provisions addressing elections, including, but not limited to, allowing any registered voter in the
State to be appointed to serve as certain precinct officials, allowing county board of elections to
modify their Plan for Implementation, modifying polling places by bipartisan majority vote of the
county board of elections, and requiring absentee ballots to be returned by 7:30 on November 5,
allowing delivery to also be made in person by the voter or their near relative or legal guardian at
any county board of elections, an early voting site, or the State Board of Elections. The act also
included elections provisions that applied across the State concerning the processing of absentee
ballots from the listed counties that were returned to the State Board of Elections or county boards
of elections, and requirements for educating voters on the changes.
In order to address impacts to agriculture and the environment, the act allowed the Department
of Environmental Quality (DEQ) to transfer funds between the Clean Water Reserve and the Driving
Water Reserve accounts for emergence loans to local governments, and to authorize local
governments in impacted counties that received funds under an infrastructure funding provision to
use the funds for mitigation or remediation of disaster impacts for a wastewater infrastructure project
or for temporary measures to allow preservation or restoration of drinking water and wastewater
services or emergency operations at a related facility. The act also amended existing law to allow
DEQ, during a state of emergency, to require wastewater treatment plants to accept domestic
septage, including septage originating from beyond the county or municipal boundary where the
plant is located, to the extent that the plant’s capacity and capabilities are not negatively impacted.
The act also includes provisions addressing burning storm-related debris with certain permits, not
requiring owners and operators of air curtain incinerators to get a General Title V Operating Permit,
and allowing lenders to extend the term of a loan made to assist small business with business needs
during periods of economic hardship due to the COVID-19 pandemic, to 180 months for businesses
impacted in Hurricane Helene in the specified counties.
Transportation issues taken up in the act include waving certain DMV fees for residents in
counties impacted by Hurricane Helene and PTC8 until the end of the year, waving environmental
permit requirements for repairs to the State’s highways, and allowing the Department of
Transportation to use five specified methods to contract for the repair and replacement of
transportation infrastructure damaged or destroyed by the Hurricane.
The act also made a number of changes to temporarily make it easier for retired State and local
government employees to return to work, including shortening the required period of separation.
This aspect of the bill is discussed in detail in the following blog post written by faculty member
Kara Millonzi: https://canons.sog.unc.edu/2024/10/hiring-retired-local-government-staff-to-aid-in-
helene-response/. The act includes other temporary changes in the impacted areas, including waivers
for interest on certain income taxes, changes to the required timing of post-release supervision and
parole violation hearings, and waivers of standards for child-care and other types of facilities.
Second October Session
Having amended the adjournment resolution during the session on October 9 by adding an
additional session on October 24, legislators returned to Raleigh to continue to work on Hurricane
Helene relief. S.L. 2024-53 (Senate Bill 743), also known as “The Disaster Recovery Act of 2024—
Part II,” once again appropriated funds and made changes to help facilitate recovery in Western
North Carolina.
The act transfers $604,150,000 from the Savings Reserve to the Helene Fund and appropriates
those funds to specified agencies for education, health and human services, agriculture, natural and