Bill Summary for H 198 (2023-2024)
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO MAKE CHANGES TO TRANSPORTATION LAWS, AS RECOMMENDED BY THE DEPARTMENT OF TRANSPORTATION.Intro. by B. Jones, Shepard, McNeely, Tyson.
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Bill summary
House committee substitute to the 2nd edition makes the following changes.
Amends GS 136-133.1(a)(2), which adds new authority for owners or their designees to cut vegetation within any area on the State right-of-way located between viewing zones of two sign faces on the same structure (was, just between the viewing zones of two sign faces). Makes technical change.
Amends GS 105-164.44M(b) to require the Secretary of Revenue to transfer certain funds monthly (was, at the end of each month) from the net proceeds of sales and use taxes collected at the general rate to the Highway Fund and Highway Trust Fund.
Amends new GS 136-44.40 (setting forth limitations on rail transportation liability for S-Line Corridor acquisition) as follows. Amends defined term S-Line Corridor to mean that portion of the rail corridor located generally between Raleigh and Ridgeway, also known as the S-Line, which is to be acquired by the Department of Transportation (DOT), as it may now be constituted or hereafter enlarged, adjusted, or relocated, and shall include any additional real property from any source and howsoever acquired if used for or in connection with passenger rail service on or near the S-Line (was, the portion of the rail corridor located generally along the CSX Transportation, Inc.). Changes the third meaning of passenger rail claims to an incident occurring on property owned by DOT or a railroad, or otherwise occupied by DOT or a railroad, pursuant to charter grant, fee simple deed, lease, easement, license, trackage rights, or other form of ownership or authorized use, and intended for current or future use in connection with passenger rail service on the S-Line. (Prior definition did not specify types of ownership.) Changes meaning of railroad to mean a railroad corporation or railroad company from whom DOT has acquired an interest in land related to passenger rail service, its successors in interest, the National Railroad Passenger Corporation, or any other intercity rail passenger service provider, and, in the case of all of the foregoing, that has entered into any contracts or operating agreements of any kind with DOT for operations on the S-Line Corridor. Now requires DOT to secure and maintain a liability insurance policy in line with the requirements of GS 136-44.40 (previously DOT could secure and maintain said policy or cause that policy to be secured and maintained). Now specifies that the insurance policy limits as provided in the contract, cannot exceed the then current limitation of liability provided in 49 U.S.C. § 28103 (or any successor legislation) (was, just limitation of liability provided in 49 U.S.C. § 28103 or any successor legislation).
Amends Section 3.2 of SL 2021-180 to indicate the figures are for the Highway Fund availability used in developing the 2021-23 fiscal biennial budget (was, the Highway Fund availability used in adjusting the 2021-22 FY budget).
Amends Section 3.4 of SL 2021-180, as amended, to indicate that the figures are for the Highway Trust Fund availability used in developing the 2021-23 fiscal biennial budget (was, Highway Trust Fund availability used in adjusting the 2021-22 fiscal year budget).
Amends GS 20-158 by adding new subsection (f), which specifies the following requirements that apply to a traffic control photographic system used to enforce vehicle control signs and signals under GS 20-158 as follows: (1) A violation detected by a traffic control photographic system is defined as when a vehicle enters and proceeds into the intersection after the onset of the signal display of a steady circular red or steady red arrow controlling traffic approaching the intersection and the applicable red clearance interval has expired. All signals with traffic control photographic systems must be designed with an appropriate red clearance interval, (2) The duration of the yellow light change interval and the red clearance interval at intersections where traffic control photographic systems are in use must be no less than the yellow light change interval and the red clearance interval durations specified on the traffic signal plan of record signed and sealed by a professional engineer, licensed in accordance with the provisions of GS Chapter 89C, and must comply with the provisions of the most recently adopted Manual on Uniform Traffic Control Devices. Effective December 1, 2023, and applies to any enforcement of GS 20-158 by a traffic control photographic system, including by any municipality authorized under GS 160A-300.1, and SL 2001-286, as amended, on or after that date.
Amends GS 143-299.2 (limitations on payments by the State under State Tort Claims Act) to specify that the maximum amount that DOT may pay cumulatively to all claimants on account of injury and damage to any one person arising out of any one occurrence, whether the claim or claims are brought under the State Tort Claims Act, or Article 31A (Defense of State Employees) or Article 31B (Defense of Public School Employees) of GS Chapter 143, is $3 million, less any commercial liability insurance purchased by DOT and applicable to the claim or claims under GS 143-291(b), 143-300.6(c), or 143-300.16(c). Amends DOT’s powers set forth in GS 136-18 to allow DOT to purchase and maintain an umbrella policy of commercial liability insurance providing coverage in an amount up to $10 million beyond the limits of commercial liability insurance policies otherwise authorized by law. Effective when it becomes law and applies retroactively to January 1, 2021.
Amends GS 136-44.20 (DOT as designated agency to administer and fund public transportation programs) to require DOT to recognize a regional council of governments or regional planning commission as an eligible unit of government to apply for, accept, receive, and dispense all rural and urban planning, operating, and capital transit grants made available through DOT or the Federal Transit Administration. Authorizes DOT to designate a council of governments or a regional planning commission as a transit planning district in order to promote efficient and effective planning and coordination of transit services and programs and to allocate funding to carry out planning and coordination activities. Specifies that the council of governments or a regional planning commission is subject to the following: (1) it cannot apply for transit operating or capital funds to replace an existing transit agency without consent of the member governments in the proposed transit service area and (2) it is authorized to apply for and implement mobility management activities, as defined by the Federal Transit Administration, for 49 U.S.C. § 5307, 49 U.S.C. § 5310, and 49 U.S.C. § 5311 grant programs. Specifies that funding percentages for these grants will be allocated based on (i) 80) federal match and 20% local match for capital projects, (ii) 50% federal match and 50% local match for operating projects, or (iii) the most recent recommended match percentages published by the Federal Transit Administration for these grant programs.
Amends GS 136-44.27 (NC Elderly and Disabled Transportation Assistance Program) to specify that a regional council of governments or a regional planning commission may apply for and receive any funds to perform mobility management activities, as defined by the Federal Transit Administration, and use funding to fill gaps in service, where they exist, by coordinating with existing transit agencies, nonprofit organizations, or third-party operators. Effective July 1, 2023, and applies to applications for transit grants on or after that date.
Makes organizational changes.