Includes whereas clauses.
Part I
Amends definition of animal operation set forth in GS 143-215.10B (definitions pertaining to animal waste management systems), to mean 82,000 or more confined poultry with a dry litter waste system, in addition to other listed animals. Makes conforming changes to GS 143-215.10C (applications and permits for animal waste management systems) to account for expanded definition of animal operation. Removes permitting provisions specific to dry litter poultry facilities. Prevents a permit application from being denied or any conditions being attached except with the Environmental Review Commission (ERC finds that denial or conditions are necessary to facilitate the act. Requires animal waste management plans to include provisions regarding waste utilization plans that assure a balance between nitrogen and phosphorus application rates and nitrogen and phosphorus crop requirements, that assure that lime is applied to maintain pH in the optimum range for crop production, as described (currently, no reference to phosphorus in that requirement).
Enacts GS 143-215.10J, forbidding any component of an animal waste management system for an animal operation to be constructed in a 100-year floodplain. Defines 100-year floodplain to mean any area subject to inundation by the 1% annual chance flood event, as indicated on the most recent Flood Insurance Rate Map prepared by the Federal Emergency Management Agency under the National Flood Insurance Program. Makes conforming change to GS 106-850 (agricultural cost share program) to provide for closure of facilities under GS 143-215.10J.
Effective January 1, 2026.
Part II
Directs the ERC to conduct a study of environmental and public health impacts of dry litter poultry waste and potential regulatory and technological solutions for addressing these impacts. Applies the definitions set out in GS 143-215.10B (regarding animal waste management systems). Lists required areas of study to include: (1) growth of the poultry industry including current location, size, and number of dry litter poultry facilities; (2) location, size, and number of those facilities in the 100-year and 500-year floodplain and options for removing them or making them more resilient; (3) amount of dry litter poultry waste produced by those facilities and methods of disposal; (4) impacts on environment including to surface water, groundwater, and soil; (5) impacts on public health including drinking water contamination and pathogens or disease vectors and pests; (6) health impacts on waste workers; (7) cumulative environmental and public health impacts of these facilities and animal operations for swine; (8) current regulations, deficiencies in current regulations, and potential regulations of these facilities that would better protect the environment and public health, taking into regulations for swine and other livestock operations in this state; (9) disposal of dead poultry after severe storms or flooding events; (10) current and potential animal waste management technologies that could reduce or eliminate environmental and public health impacts; (11) need for additional resources, including appropriations, professional expertise, and scientific studies needed to comprehensively examine the issues identified in this act; (12) suggested changes in public records for greater transparency; and (13) for dry litter poultry waste that is land applied off-site, the location of those land application sites, and the number of such sites in the 100-year floodplain and 500-year floodplain.
Directs all state agencies to assist ERC upon its request. Authorizes ERC to request recommendations from any of the named state agencies related to any of the topics enumerated for study.
Directs ERC to report its findings and any recommendations to the 2026 Regular Session of the 2025 General Assembly upon its convening.
Part III
Amends GS 143-215.10C(f) to require annual, digital submission of an animal waste management plan that meets the specified criteria to the Department of Environmental Quality by owners or operators of a dry litter poultry facility that is not required to be permitted under the identified federal law but involves 30,000 or more birds (current law requires submission of the plan without specifying a time frame or format). Effective January 1, 2026.
Appropriates $25,000 from the General Fund to the Department of Environmental Quality for 2025-26 to be allocated to the Division of Water Resources to develop education resources and provide technical assistance for owners and operators of dry litter poultry facilities in complying with the reporting requirement of the act. Effective July 1, 2025.
Part IV
Amends GS 106-24.1, pertaining to confidentiality of information collected by the Department of Agriculture and Consumer Services (DACS). Specifies that complaints of violations of GS Chapter 106 (agriculture) or violations of Part 1a of Article 21 of GS Chapter 143 (Animal Waste Management Systems) relating to a farm operation and all other records accumulated in conjunction with the investigation of these complaints are considered confidential records and may be released only by order of a court of competent jurisdiction. Removes records that may be used to identify a person or private business subject to regulation from records that cannot be disclosed with the owner’s permission. In addition to current exception, lists the following new exceptions to provisions pertaining to records that cannot be disclosed without the owner’s permission: (1) if the disclosure is necessary to meet statutory requirements imposed on other State agencies and (2) the information is limited to the location, size, and ownership of an individual farm operation.
Contains a severability clause.
Statutes affected: Filed: 143-215.10B, 143-215.10C, 106-850, 106-24.1
Edition 1: 143-215.10B, 143-215.10C, 106-850, 106-24.1