Bill Summary for H 165 (2021-2022)

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Summary date: 

Nov 17 2021

Bill Information:

View NCGA Bill Details2021
House Bill 165 (Public) Filed Thursday, February 25, 2021
Intro. by B. Jones, Iler, Shepard.

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Bill summary

Conference report to the 5th edition makes the following changes. 

Deletes the previous content of Section 1, which amended GS 136-18(39a)a. to authorize the Department of Transportation (DOT) and the Turnpike Authority to enter into up to three agreements each with a private entity to finance transportation infrastructure in the State.

Section 1 now provides the following. Directs DOT to study right-of-way acquisition planning and procedures, including condemnation, for State highway system projects. Requires the study to examine current planning and acquisition procedures and evaluate the feasibility and associated costs with potential alternative procedural options to improve collaboration and address the concerns of impacted persons and entities, with a focus on projects that impact businesses or commercial properties. Directs DOT to report to the specified NCGA committee chairs and the division within 180 days of the date the act becomes law. 

Deletes the previous content of Section 2, which amended Section 1.4 of SL 2019-251 to increase the annual cap on DOT payments for damages arising from DOT's recordation of a transportation corridor map under Article 2E of GS Chapter 136 (Map Act) in two phases, to $300 million effective on the date the act becomes law, and to $5 million effective July 1, 2022. Instead, repeals Section 1.4(a) of SL 2019-251, which caps DOT payments for damages arising from DOT's recordation of a transportation corridor map under Article 2E of GS Chapter 136 (Map Act) at $150 million annually, excluding Turnpike projects. 

Adds new Section 3.5, amending GS 136-189.11(d), 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, revises the funding for programs subject to alternate quantitative criteria which are requested from DOT in support of a time-critical job creation opportunity. Changes the criteria for such projects requested from DOT in support of a time-critical job creation opportunity, now requiring that: (1) DOT (was, the State) investment for all projects funded under the provision in any five-year period does not exceed $100 million in the aggregate; (2) the amount of funding associated with a project under the provision does not exceed the lesser of $10 million and the greater of $10,000 per job created or 10% of the amount of private investment associated with the project (previously, only capped individual projects at $10 million); and (3) DOT ensures that funding under the provision, when combined with any other grants, does not result in the costs of the project to the State outweighing its total benefits and determines that the funding is necessary for completion of the project in the State (previously, not required). 

Adds new Section 11.5, authorizing the Division of Motor Vehicles (DMV) to amend, extend, or adopt emergency rules to modify road test requirements, with such rules expiring on the earlier of 30 days after Executive Order No. 116 is rescinded or December 31, 2022. Effective September 30, 2021. 

Adds new Section 16, amending GS 20-109.1, regarding the surrender of titles to salvage vehicles. Now requires a vehicle owner who wanted to keep a salvage vehicle to execute the owner-retained salvage form with either a manual signature or an electronic signature which complies with Article 40, GS Chapter 66. Explicitly states that the owner's signature is not required to be notarized (currently, notarization is explicitly required). Additionally, adds a new provision providing immunity for the DMV from claims arising from an owner-retained salvage form submitted to the DMV with an unverified manual signature or an electronic signature pursuant to the statute.