TRANSPORTATION FOR THE FUTURE ACT.

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View NCGA Bill Details2023-2024 Session
House Bill 582 (Public) Filed Wednesday, April 5, 2023
AN ACT TO MODERNIZE NORTH CAROLINA TRANSPORTATION SPENDING TO PUT TAXPAYER DOLLARS TO EFFECTIVE USE AND TO GIVE OUR COMMUNITIES THE TOOLS THEY NEED TO CREATE SAFE AND SUSTAINABLE MULTIMODAL TRANSPORTATION SYSTEMS FOR THE FUTURE.
Intro. by Alston, T. Brown, Butler, Buansi.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 10 2023)

Bill History:

H 582

Bill Summaries:

  • Summary date: Apr 10 2023 - View Summary

    Identical to S 643, filed 4/5/23.

    Titles the act as the "Transportation for the Future Act."

    Amends GS 136-189.10 by amending the definitions applicable to Article 14B, Strategic Prioritization Funding Plan for Transportation Investments. Amends the projects that meet the definition of division needs projects to include (1) bus rapid transit (in addition to the already included commuter rail, intercity rail, and light rail) as a public transportation service and (2) bicycle and pedestrian improvements (no longer requiring federal funding). Also removes the specification that the provision including public transportation services as division needs projects does not authorize total State funding in excess of the maximum established elsewhere in the statute for commuter rail and light rail projects. Amends the projects that meet the definition of regional impact projects as follows: (1) includes rail lines (was, rail lines that span two or more counties not included as statewide strategic mobility projects and that specifically excluded short-line railroads); (2) includes public transportation services (was, public transportation services that span two or more counties and that serve more than one municipality with a cap on programmed funds of 10% of any distribution region allocation), adding that this also includes bus rapid transit (in addition to the already included commuter rail, intercity rail, and light rail); (3) removes the cap in the public transportation service on total state funding for a commuter rail or light rail project; and (4) includes bicycle and pedestrian improvements. Amends the projects that meet the definition of statewide strategic mobility projects to also include: (1) public transportation service that spans two or more counties or that serves more than one municipality, including bus rapid transit, commuter rail, intercity rail, and light rail and (2) bicycle and pedestrian improvements that span two or more counties or that serve more than one municipality. Makes conforming changes in GS 136-189.11.

    Amends GS 136-189.11 concerning the Transportation Investment Strategy Formula (Formula) as follows. Excludes Federal Surface Transportation Program-Direct Attributable funds expended on eligible projects from the Formula; makes a conforming change by deleting the provision excluding those same funds in the Regional Impact Project category from that category.

    Amends the distribution of funds subject to the Formula as follows. Adds that at least 20% of the funds must be distributed to non-highway projects. Decreases from 40% to 30% the amount of the funds that must be used for Statewide Strategic Mobility Projects. Increases from 30% to 40% the amount of the funds that must be used for Regional Impact Projects and allocated by population of Distribution Regions; also amends the criteria (a) for this funding to ranking projects involving projects (was, highway projects) that address cost-effective needs from a regional-wide perspective and promote economic growth and (b) that must be used for selecting Regional Impact Projects by removing congestion, pavement condition, lane width, and shoulder width, adding vehicle miles traveled reductions, environmental quality, and accessibility and connectivity to essential services. Amends the criteria for selection Division Need Projects so that selection is based 30% (was, 50%) on local input and 70% (was 50%) on consideration of the specified criteria; amends that criteria by removing congestion, pavement condition, lane width, and shoulder width and adding infrastructure condition, vehicle miles traveled reduction, environmental quality, and accessibility and connectivity to essential services. Also removes the requirement that funding from the specified programs be included in the computation of each of the Department division equal shares. 

    Removes the requirement that nonhighway projects be evaluated through a separate prioritization process; makes conforming changes. Removes the requirement to provide a written agreement establishing that all non-State funding necessary to construct the project has been committed before expending State funding for a light rail project.

    Amends the allowable variance from the Formulas to require that the percentage amount obligated to Statewide Strategic Mobility Projects, Regional Impact Projects, and Division Need Projects not vary by more than 10% (was, 15%) over any five-year period and 5% (was, 10%) over any 10-year period from the percentage required to be allocated to each of those categories. Amends the allowable amount of the variation among the distribution regions or division to allow varying up to 10% (was, 15%) over any five-year period and 5% (was, 10%) over any 10-year period.

    Amends the provisions governing incentives for local funding and highway tolling as follows. Amends the bonus allocation for a project with funding from toll revenue to no longer require the Metropolitan Planning Organization to apply the bonus within the counties where the toll project is located and removes the requirement to withhold or repay funds if a toll is removed or not implemented. Amends the categories to which the bonus allocation may be applied by removing the specified caps.

    Repeals: (1) GS 153A-145.1 (which prohibited county ordinances on transportation impact mitigation) and (2) GS 160A-204 (which prohibited city ordinances on transportation impact mitigation).

    Amends GS 160D-804 as follows. Expands upon what can be included in a subdivision regulation to also include the coordination of transportation networks and utilities within proposed subdivisions with existing or planned sidewalks, bicycle lanes, bus stops, transit infrastructure, and other transportation facilities instead of just streets and highways. Defines transportation facilities to include streets, sidewalks, bicycle lanes, bus stops, transit infrastructure, and other facilities designed to assist the movement of people or goods from one place to another. Makes conforming changes throughout the statute.

    Amends GS 105-511.2 by amending the amount of the local sales tax from 1/4% to up to 1%. Removes the specified ballot language for the referendum on whether to levy the tax.

    Amends GS 160D-702 to allowing a zoning regulation to include requirements that transportation facility (was, street) rights-of-way be dedicated to the public to the same extent and with the same limitations as provided for in the specified statutes. Amends GS 160D-705 to allow conditions on special use permits to include requirements that transportation facility (was, street) rights-of-way be dedicated to the public and that provision be made for recreational space and facilities.