Weekly Legislative Update

 

North Carolina South Carolina

North Carolina

Betsy Bailey Victor Barbour 
By Betsy Bailey & Victor Barbour
September 17, 2025

BRIC Grants

Dozens of North Carolina communities are in limbo after FEMA canceled more than $200 million worth of grants for flood-mitigation projects earlier this year in the Building Resilient Infrastructure and Communities Grant program, also known as BRIC. For Forest City in Rutherford County, the now defunct grant program was meant to be a safety net. Flooding along the Second Broad River exposed the area’s vulnerability to heavy rainfall five years ago, when rising water smashed debris into a main line and cut off running water to Forest City and the nearby towns of Ellenboro and Bostic.

Erosion along the river left Forest City’s sewer system and raw water intake at risk of flood damage, but the town didn’t have the money to fix it. Federal emergency management officials told town officials that they would be a good fit for a new grant program aimed at pre-disaster mitigation.

Through its Building Resilient Infrastructure and Communities Grant program, FEMA awarded Forest City $2.6 million for improvements to the town’s water and sewer systems. The project was well into the planning and design process when the federal government revoked the grant.

FEMA announced the end of the BRIC program and canceled all applications from fiscal years 2020 through 2023 on April 4, calling the program created during President Donald Trump’s first term “wasteful and ineffective” in press releases.

In total, 72 North Carolina communities with active BRIC-funded projects worth about $225 million were affected.

Town officials across the state told Carolina Public Press that the mitigation projects they view as essential to keeping their communities safe are now caught in a federal political battle in Washington. “I don’t consider water and sewer projects to be political or woke,” Town Manager Janet Mason said.

Neither did a bipartisan group of 80 members of Congress, which released a letter addressed to Secretary of Homeland Security Kristi Noem and acting FEMA Administrator David Richardson shortly after the grant program’s termination, urging them to reverse the decision.

“BRIC funds are spurring communities across the country to strengthen their resilience to extreme weather, and forgoing these critical investments will only make it harder and more expensive for communities to recover from the next storm,” the letter read.

Instead, the legislators suggested that FEMA and Congress work together to improve the grant program’s application review and funding distribution processes.

Sen. Thom Tillis and Rep. Chuck Edwards, both North Carolina Republicans, helped craft the letter. Rep. Don Davis, a Democrat representing the northeastern part of the state, and Rep. Alma Adams, a Democrat representing Charlotte, were the other two members of North Carolina’s Congressional delegation to add their signatures.

The Department of Homeland Security did not respond to CPP’s request for a comment on pushback from lawmakers and local governments over the ending of the BRIC program.

Infrastructure Funding

Local, state, and federal leaders met in Wilmington on Wednesday to discuss the reauthorization of a key federal transportation bill impacting infrastructure, from local roads to national railways. U.S. Congressman David Rouzer, North Carolina Department of Transportation Secretary Joey Hopkins, Head of Government Affairs for the U.S. Chamber of Commerce Rodney Davis, and Coastal Beverage Company President Tee Nunnelee participated in a press conference at the Coastal Beverage Company in Wilmington to discuss a multi-year authorization that sets national transportation policy and funding levels, through a combination of dedicated funding and grants.

The legislation impacts everything from highway construction to public transit, freight rail, and port infrastructure. The main goal is to provide states and local governments with long-term financial certainty so they can plan and execute major projects.

“Those who live around the Wilmington area or in Pender County and certainly in Brunswick County, know how much growth this area has seen, and quite honestly, our roads and bridges were behind the eight-ball,” Rouzer said.

On a local level, NCDOT Secretary Hopkins didn’t point to specific projects this bill would help fund, but referenced the Hampstead Bypass project as an example of the need for long-term federal funding. The $502 million Hampstead Bypass project broke ground in March 2022 to address significant traffic congestion along U.S. Highway 17, which sees over 40,000 vehicles a day. The project was recently awarded a $182 million federal grant for the second phase of construction.

“That project (Hampstead Bypass) will probably not be open until around 2030, we needed it probably in 2020 if not before,” Hopkins said. “We want to deliver those projects that the communities want, the communities need, and that they will use, in a more timely manner.”

Rouzer named the Cape Fear Memorial Bridge replacement as a project hindered by funding delays. He expressed apprehension over the project’s increasing cost; a 135-foot fixed span version of the project’s initial total costs were around $485 million and have since risen close to $1.1 billion.

“It’s going to require an innovative approach to address that kind of funding gap,” Rouzer explained. “But I can assure you that at the federal, state and local level, we’re all working to achieve that.”

The press conference followed a roundtable discussion on the bill featuring representatives from the NCDOT, the U.S. Department of Transportation, the Wilmington Chamber of Commerce and local businesses. Nunnelee expressed the new reauthorization bill should promote efficiency and adequate funding, particularly concerning highways and roads.

Wildlife Crossings

A new report, “US 64 Roadkill Monitoring Survey Year One Interim Report,” released Aug. 13 by the nonprofit Wildlands Network, counted more than 5,000 vertebrates representing 144 species, as well as 1,050 snakes, 1,186 turtles, and 1,529 frogs dead alongside the highway or flattened on the pavement. The first year of the two-year study covered Aug. 1, 2024, to July 31, 2025.

“It’s pretty remarkable carnage, and we’re sure that’s an underestimate, because some things get removed by vultures,” Ron Sutherland, the conservation group’s chief scientist, told Coastal Review.

The updated information will be valuable to planning for proposed wildlife crossings under sections of U.S. Highway 64 and nearby U.S. 264, a need highlighted over the years by numerous vehicle strikes of critically endangered red wolves. Huge bear and deer that run into the road are also increasing hazards to human life, especially at night.

“Research is an important step in the construction of wildlife crossing structures,” the report states. “In order to be cost-effective, it is imperative to know where hotspots of wildlife road-crossing activity occur so the sites can be chosen that are most effective both in mitigating wildlife road collisions and maintaining habitat connectivity.”

The study route was chosen to inform planning efforts by the North Carolina Department of Transportation, Fish and Wildlife, and the North Carolina Wildlife Resources Commission to develop proposals for wildlife crossings and fencing installations on U.S. 64, the report stated, “with the immediate goal” of reducing wolf strikes.

Mining Permit:

 The North Carolina Department of Environmental Quality ruled to deny the mining permit to Horizon 30 after the company was for months told by DEQ and its Division of Energy, Land and Mineral Resources that it was in violation of the Mining Act of 1971 for operation of a mine without a valid permit. In its application, Horizon 30 proposed to operate on nearly 51 acres, with mining construction aggregated at a proposed depth of 550 feet. The actual area of the mine excavation would have covered approximately 23 acres, according to the state. The ruling comes after the DEQ issued a preliminary injunction Aug. 11 to Horizon 30 to stop the company from engaging in illegal mining without a permit. At that hearing, Superior Court Judge Ted McEntire stated that he would grant the preliminary injunction to prohibit further mining activities unless and until a proper permit was granted. According to the Mitchell County Board of Commissioners' Facebook page, McEntire told Horizon 30’s attorney, “You’ve got to stop. Stop means stop.”

South Carolina

Leslie Clark  Whitney Williams
By Leslie B. Clark & Whitney Williams
September 17, 2025

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National Preparedness Month

The South Carolina Department of Commerce is reminding the public that September is National Preparedness Month, a campaign to emphasize the importance of being ready for the potential effects of natural or man-made disasters. This year’s theme, “Preparedness Starts at Home,” is a reminder that resilience begins with people. 

Businesses are not only responsible for continuity in the event of a disaster, but they also have an important role in the safety of their employees, customers and community. Preparedness starts with encouraging employees to be prepared at home, so they can respond appropriately at work. 

Whether at home or for business, here are some tips to get started: 

  • Know the different types of emergencies that could happen and appropriate responses to stay safe. 
  • Make a family emergency plan. 
  • Build an emergency supply kit. 
  • Get involved in the community by taking action to prepare for emergencies. 

For more information and a National Preparedness Month toolkit, visit Ready.gov.

S.C. Commerce is the coordinating agency for Emergency Support Function (ESF)-24, specifically supporting business and industry during disasters. Click here to sign up for the ESF-24 newsletter. 

SCDOT Modernization Ad Hoc Committee

Casey Schwager TestifyingThe House held its first out-of-town meeting in Greenville last week on the modernization of SCDOT. Held at Greenville Technical College, the committee first heard from the SC Department of Public Safety. Presenters from DPS provided a brief overview of the department, information about their employees and funding, and safety operations for the roadways. 

SCDOT Secretary Justin Powell was asked to give a shortened version of the presentation from the Columbia meeting before delving into the public testimony. In his opening remarks, Powell acknowledged a recent news report about industry capacity and said that his remarks were taken out of context. Powell said his intention was to convey that if money was no object, the capacity of the industry to ramp up would require dialogue between the department and the industry. And, based on his experience with the 2017 roads bill, he expects the construction industry would be willing to ramp up to take on additional projects. 

Casey Schwager, President, of King Asphalt, was the first public presenter for the day, focusing on three topics from a contractor’s perspective:  inflation, congestion, and industry capacity. Schwager pointed out the department has been historically underfunded and based on the current rate of funding; it will take 59 years to cycle through all of the roads in South Carolina. Post-COVID, the inflation impacts have been staggering. Aggregates and sand have experienced a 41% increase, trucking and hauling a 24% increase, labor a 22% increase, and heavy equipment and machinery is up 29%.  The department’s increased revenue from the 2017 roads bill has been eaten away by inflation. 

Schwager advocated for creative use of the tools at the department’s disposal for addressing congestion. He recalled the 27 in 7 Project from the late 90s and early 00s where 27 years of projects were completed in 7 years and were funded through bonds. While not advocating for bonds specifically, Schwager encouraged the use of creative projects like this to address congestion. 

Casey Schwager after testifyingAs for industry capacity, Schwager noted that our industry has grown significantly following our partnership with the legislature and SCDOT. The phase-in of the gas tax was smart and allowed us the opportunity to plan and invest in our organizations. Multimillion dollar investments in our organizations cannot happen without the assurance of a dedicated funding stream and have allowed us to grow. 

Thank you to Casey for presenting a contractor’s perspective to the Ad Hoc Committee!

Jessica Palmer, Executive Director of the South Carolina Aggregate Association, said they represent over 60 quarries and mining operations, employing thousands of South Carolinians across every region of the state. Member companies shipped over 34 million tons of aggregates in state projects in 2024 and their ability to serve the state depends on an efficient and collaborative relationship with SCDOT. Additional speakers from the public focused on mass transit, bike and pedestrian options, and funding streams for local governments. 

The next meeting will be in Myrtle Beach on September 23.