DOT LEGISLATIVE CHANGES.-AB

View NCGA Bill Details2021
Senate Bill 774 (Public) Filed Tuesday, May 24, 2022
AN ACT TO MAKE CHANGES TO LAWS RELATED TO TRANSPORTATION, AS RECOMMENDED BY THE DEPARTMENT OF TRANSPORTATION.
Intro. by McInnis, Sawyer, Britt.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Jun 13 2022)
S 774

Bill Summaries:

  • Summary date: Jun 8 2022 - More information

    Senate amendment to the 3rd edition makes the following changes.

    Revises and adds to the proposed changes to GS 136-189.11, which provides for the distribution of funds subject to the Transportation Investment Strategy Formula (Formula). Adds a new exclusion from the Formula for Federal Carbon Reduction Program formula funds appropriated to the State. Adds to the federal program activities included in the applicable category of the Formula set forth in subsection (d) that are not subject to that subsection’s prioritization criteria State funds used to match federal Carbon Reduction Program formula funds appropriated to the State for projects on the State highway system that improve the safety, mobility, and operational characteristics of the State highway system for motorists. Regarding the percentage of funds to be allocated to Department of Transportation (DOT) divisions for division need projects, adds to the programs subject to alternate quantitative criteria only the Federal National Electric Vehicle Infrastructure Program formula funds appropriated to the State (no longer also adding Federal Carbon Reduction Program formula funds appropriated to the State, as now included in the formula's exemptions). Enacts a new subsection (d2), deeming that after redesignation of an existing or proposed secondary route to a primary highway route, a project is ineligible for evaluation in a newly-designated funding category under GS 136-189.10 until (1) the new route designation is reflected in the transportation plan that has been approved by the appropriate governing body and the Board of Transportation and (2) the DOT has commenced its second subsequent prioritization after the date of final route redesignation approval. Excludes projects that include a route redesignation initiated by the DOT to meet intrastate or interstate connectivity needs.

    Authorizes the Secretary of Transportation (Secretary) to waive a project reprioritization delay required by new GS 135-189.11(d2) upon request of an affected Metropolitan Planning Organization or Rural Transportation Planning Organization. Directs the Secretary to report to the specified NCGA committee and division on waivers requested, as specified, by December 31, 2023. Expires December 31, 2023. 

    Directs DOT to initiate a workgroup evaluation of potential DOT policy and rule changes, potential conflicts with federal laws or regulations, effects to the State Transportation Improvement Program (STI Program) prioritization processes, and any additional matter DOT deems relevant that relates to the implementation of new GS 135-189.11(d2). Directs DOT to report to the specified NCGA committee and division by December 1, 2022. 


  • Summary date: May 31 2022 - More information

    Senate committee substitute to the 2nd edition makes the following changes. Amends GS 136-28.10 by adding the requirement that the Department of Transportation (DOT) increase the outsourcing of professional services for Highway Fund and Highway Trust Fund projects to Small Professional Services Firms. Allows DOT to restrict solicitation and the awarding of funds to professional services it has identified as likely to attract increased participation by Small Professional Services Firms. Allows the Board of Transportation to delegate full authority to award contracts, adopt necessary rules, and administer the provisions of this statute to the Secretary of Transportation.


  • Summary date: May 25 2022 - More information

    Senate committee substitute to the 1st edition makes the following changes. Makes an organizational change to the proposed language in GS 20-87.


  • Summary date: May 24 2022 - More information

    Amends GS 20-183.8 to make it an infraction punishable by a fine of up to $50 for a motor vehicle dealer to fail to inspect a used motor vehicle before offering the vehicle for retail sale pursuant to state law. Applies to offenses committed on or after December 1, 2022.

    Amends GS 20-52 to require applications for the registration and certificate of title of a motor vehicle to include the driver's license number or identification card number of a responsible member of the firm, partnership, corporation, or other entity registering the vehicle. Effective October 1, 2022.

    Amends GS 20-43.1 to authorize the Division of Motor Vehicles (DMV) to provide copies of motor vehicle and driver's license records to authorized individuals seeking verification of such information at a cost of $1 per individual record. Subjects this fee to a quadrennial adjustment pursuant to GS 20-4.02. Effective July 1, 2022.

    Amends the following statutes to exempt motor vehicles used by a State agency in a research pilot or demonstration project from highway use tax and certificate of title and registration fees: GS 105-187.6, GS 20-85, and GS 20-87.

    Amends GS 136-28.1 to direct the Department of Transportation (DOT) to deem the construction, maintenance, and repair of rail equipment as highway construction, maintenance, or repair under state law and the the State Budget Act. Allows the Secretary of Transportation to determine public advertising not feasible for the repair of rail equipment and waive requirements for public advertising and solicitation of informal bids. 

    Amends GS 136-189.11, which provides for the distribution of funds subject to the Transportation Investment Strategy Formula. Regarding the percentage of funds to be allocated to DOT divisions for division need projects, adds to the programs subject to alternate quantitative criteria to include Federal National Electric Vehicle Infrastructure (NEVI) Program formula funds appropriated to the State, and Federal Carbon Reduction Program formula funds appropriated to the State.

    Amends GS 146-30 to provide that no service charge into the State Land Fund can be deducted from or levied against the proceeds of any sale of DOT land or land owned by the Department of Administration and solely maintained by DOT. Amends GS 136-16, which requires all funds and property collected by DOT to be paid or converted into the State Highway Fund. Changes the definition of funds as used in the statute to now include the net proceeds from the sale of real property owned by DOT or land owned by the Department of Administration and solely maintained by DOT (was, proceeds from the sale of DOT-owned real property only).

    Amends GS 136-28.4, which establishes State policy to encourage and promote participation by disadvantaged minority-owned and women-owned businesses in contracts let by DOT, to include in the policy contracts let under the procedures of GS 136-28.1(f), which authorizes DOT to solicit contracts for professional engineering services and other kinds of professional or specialized services necessary in connection with the planning, operations, design, maintenance, repair, and construction of transportation infrastructure. Additionally, postpones the statute's sunset to August 31, 2027, from August 31, 2022.


Printer-friendly: Click to view