House amendment makes the following changes to 2nd edition. Adds new subdivision (3) to GS 136-44.36(b), providing that if the amount of state matching funds required by the federal grant or the amount of future annual maintenance and operational costs of the project are reasonably expected to exceed $5 million, the Department of Transportation’s (Department) acceptance of funds is subject to approval of the project by an act of the General Assembly. If 60 days have passed since consultation or the expiration of the consultation period, then the inaction of the General Assembly, including the lack of a special session, is deemed approval of the project and the Department may accept the funds without an act of the General Assembly.
Bill Summaries: all (2011-2012 Session)
Tracking:
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Bill H 422 (2011-2012)Summary date: Apr 26 2011 - View summary
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Bill H 422 (2011-2012)Summary date: Apr 20 2011 - View summary
House committee substitute makes the following changes to 1st edition. Deletes all provisions of the 1st edition and replaces it with AN ACT TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO REPORT THE ACCEPTANCE OF ALL FEDERAL RAIL FUNDS AND TO CONSULT WITH THE GENERAL ASSEMBLY PRIOR TO ACCEPTING FUNDS FOR CERTAIN PROJECTS. Amends GS 136-44.36 to add a new subsection (b) placing certain requirements on the acceptance of federal funds by the NC Department of Transportation (DOT) for rail programs as follows: (1) requires DOT to report to the General Assembly (either the Joint Legislative Commission on Governmental Operations or the Senate and House Transportation Appropriation Subcommittees, depending on whether the General Assembly is in session) certain project details including the amount of federal funds, the amount of any state matching funds, and expected annual maintenance and operational costs to the State for the next 25 years; and (2) requires DOT to consult with the General Assembly (either the Joint Legislative Commission on Governmental Operations or the Senate and House Transportation Appropriation Subcommittees, depending on whether the General Assembly is in session) prior to accepting federal funds if the cost to the State is reasonably expected to exceed $3 million. If consultation is required, failure of the appropriate committee or committees of the General Assembly to hold a meeting with DOT within 90 days of a written request is deemed a waiver of the consultation requirement. Effective April 1, 2011.
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Bill H 422 (2011-2012)Summary date: Mar 21 2011 - View summary
Prohibits the Department of Transportation (DOT) from applying for, accepting, or expending any grant funding from the federal government for a high-speed rail project unless the project has been approved by the General Assembly. Provides that if DOT accepts prohibited funds, the funds are to be deposited into the General Fund for appropriation by the General Assembly. Also requires DOT to pay any penalties, interest, or other charges that result from the prohibited acceptance from the Highway Fund. Effective March 1, 2011.