STREET DATABASE/MANUAL/PUBLIC RECORD EXCEPT. (NEW)

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View NCGA Bill Details2019-2020 Session
House Bill 620 (Public) Filed Thursday, April 4, 2019
AN ACT TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO COMPILE A PUBLIC STREET INFORMATION DATABASE AND TO UPDATE THE SUBDIVISION ROADS MANUAL REGULARLY, AND TO EXEMPT CERTAIN PROPRIETARY DESIGN WORK OR WORK PRODUCT SUBMITTED TO THE DEPARTMENT OF TRANSPORTATION FROM PUBLIC RECORDS TEMPORARILY.
Intro. by Szoka, Bumgardner, Hawkins, Iler.
Status: Ch. SL 2019-156 (Jul 22 2019)

SOG comments (3):

Long title change

Submitted by jhenders@sog.unc.edu on

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO MAKE CHANGES TO STATE LAW CONCERNING THE ACCEPTANCE OF SUBDIVISION STREETS BY THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE THE DEPARTMENT TO COMPILE A COUNTY PUBLIC STREET INFORMATION DATABASE, AND TO REGULARLY UPDATE AND PUBLISH THE SUBDIVISION ROADS MANUAL.

Long title change

Submitted by jhenders@sog.unc.edu on

Senate committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO COMPILE A PUBLIC STREET INFORMATION DATABASE AND TO REGULARLY UPDATE THE SUBDIVISION ROADS MANUAL AND TO TEMPORARILY EXEMPT PROPRIETARY DESIGN WORK SUBMITTED TO THE DEPARTMENT OF TRANSPORTATION DURING A COMPETITIVE BID PROCESS FROM PUBLIC RECORDS.

Long title change

Submitted by ddecamillis@sog... on

Senate amendment to the 3rd edition changed the long title. Original long title was AN ACT TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO COMPILE A PUBLIC STREET INFORMATION DATABASE AND TO REGULARLY UPDATE THE SUBDIVISION ROADS MANUAL, TO TEMPORARILY EXEMPT PROPRIETARY DESIGN WORK SUBMITTED TO THE DEPARTMENT OF TRANSPORTATION DURING A COMPETITIVE BID PROCESS FROM PUBLIC RECORDS, AND TO MODIFY STREET DESIGNATION REQUIREMENTS ON RECORDED PLATS.

Bill History:

H 620/S.L. 2019-156

Bill Summaries:

  • Bill H 620 (2019-2020)
    Summary date: Jul 22 2019 - View Summary

    AN ACT TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO COMPILE A PUBLIC STREET INFORMATION DATABASE AND TO UPDATE THE SUBDIVISION ROADS MANUAL REGULARLY, AND TO EXEMPT CERTAIN PROPRIETARY DESIGN WORK OR WORK PRODUCT SUBMITTED TO THE DEPARTMENT OF TRANSPORTATION FROM PUBLIC RECORDS TEMPORARILY. SL 2019-156. Enacted July 22, 2019. Effective July 22, 2019.

    Government, Public Records and Open Meetings, State Agencies, Department of Transportation, Transportation
    GS 132, GS 136
  • Bill H 620 (2019-2020)
    Summary date: Jul 8 2019 - View Summary

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

    Deletes the proposed changes to GS 136-102.6(b), which added that any plat with streets designated as public must also contain the specified written notice stating that any street designated on the plat or map as public is to be conclusively presumed to be an offer of dedication to the public of the street and that the designation does not ensure that a street has been or will be accepted, adopted, or maintained as public. Makes conforming changes. Amends the act's long title.

    Government, Public Records and Open Meetings, State Agencies, Department of Transportation, Transportation
    GS 132, GS 136
  • Bill H 620 (2019-2020)
    Summary date: Jun 26 2019 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends GS 136-102.6(b), which requires that the right-of-way of any new street or change in an existing street be delineated on the map or plat with particularity and that it be designated as either public or private. Adds that any plat with streets designated as public must also contain the specified written notice stating that any street designated on the plat or map as public is to be conclusively presumed to be an offer of dedication to the public of the street and that the designation does not ensure that a street has been or will be accepted, adopted, or maintained as public. Applies to maps or plats recorded on or after January 1, 2021. Makes a conforming change to the act's long title.

    Government, Public Records and Open Meetings, State Agencies, Department of Transportation, Transportation
    GS 132, GS 136
  • Bill H 620 (2019-2020)
    Summary date: May 6 2019 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Deletes the previous provisions, except for proposed GS 136-18.07 requiring the Department of Transportation (DOT) to regularly update its Subdivision Roads Minimum Construction Standards Manual and related pavement or other policies.

    Enacts GS 136-18.06 requiring DOT to compile a readily available Public Street Information Database, operational by January 1, 2020. Requires the database to be updated monthly and reflect the status of all federally owned and either State-owned or maintained roads assigned a road number. Requires the database to reside on an existing database system. 

    Amends GS 132-1.2 to specify that public records laws do not require or authorize an agency to disclose information that reveals proprietary design work product included in a proposal submitted to DOT or any DOT intra-agency communications related to its review during the competitive bid process. Provides that confidential proprietary design work, work product, or intra-agency communications are subject to disclosure upon contract award, which is designated upon the competitive bid process's completion.

    Makes conforming changes to the act's titles. 

    Government, Public Records and Open Meetings, State Agencies, Department of Transportation, Transportation
    GS 132, GS 136
  • Bill H 620 (2019-2020)
    Summary date: Apr 4 2019 - View Summary

    Identical to S 480, filed 4/2/19.

    Enacts new GS 153A-331.1 requiring the Department of Transportation (DOT) to follow the specified procedure for the acceptance of subdivision streets that are: (1) located outside municipal limits, (2) designated as public under GS 136-102.6, and (3) have not been platted or received preliminary plat approval.  Mandates a procedure for acceptance of streets by the DOT upon submission of a sealed certificate by the engineer of record for the design of subdivision streets intended to be designated public which confirms conformity with applicable standards.  Directs the DOT to verify within 30 days the certified information, upon which it must accept the street for maintenance within 30 days, notify the developer within 10 days and record a statement of acceptance with the county recorder.  Directs the developer within 30 days of acceptance to establish a performance guarantee as defined in GS 160A-372(g)(1) which must include a set of minimum requirements. Require the DOT to inspect the street a year later and notify the developer of any deficiencies, which must be corrected within 30 days so DOT can release the performance guarantee.  

    Enacts new GS 136-18.06 requiring the Department of Transportation to provide to each county on a monthly basis the necessary information to compile a database of county public streets to be put into operation on or before January 1, 2020.  Requires the data to reside on any existing database system chosen by the county for this purpose, and be available to the public in either graphic or tabular format or both.   

    Enacts GS 136-18.07 requiring the DOT to update its Subdivision Roads Minimum Construction Standards Manual and related pavement or other policies by July 1, 2020, and regularly after that to reflect changes in federal, state, and case law.  Directs the DOT to report all updates to the Joint Legislative Transportation Oversight Committee.

    Effective October 1, 2019.

    Government, State Agencies, Department of Transportation, Local Government, Transportation
    GS 136, GS 153A
View: All Summaries for Bill