Bill Summary for H 206 (2019-2020)

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Summary date: 

Jun 27 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 206 (Public) Filed Tuesday, February 26, 2019
Intro. by Torbett.

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Bill summary

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

Makes organizational changes.

Eliminates the proposed changes to GS 40A-3, concerning nonpublic schools' power of eminent domain for transportation improvements.

Amends GS 136-16 to require all funds and property collected by the Department of Transportation (DOT) to be paid or converted into the State Highway Fund, except as provided in the Chapter (was, except as otherwise provided). Makes organizational and clarifying changes.

Enacts GS 146-30(b4) to prohibit levying a service charge against the proceeds of any disposition by lease, rental, or easement of lands owned by the DOT; requires all net proceeds of these dispositions to be deposited in the State Highway Fund. 

Amends GS 146-30 to require the net proceeds derived from the sale of land, facilities, products, or timber owned by DOT to be deposited into the State Highway Fund (previously, did not include DOT-owned products or timber).

Requires the Department of Environmental Quality (DEQ) and the Environmental Management Commission (Commission) to implement the Neuse River Basin Riparian Buffer Rule (Rule), as defined, by (1) exempting airport facilities, as defined, that impact equal to or less than 150 linear feet or one-third of an acre of riparian buffer and (2) not requiring compliance with the Determination of "No Practical Alternatives" provision of the Rule for airport facilities, as defined, that impact greater than 150 linear feet or one-third of an acre of riparian buffer. Directs the Commission to adopt rules to amend the Rule consistent with the implementation provisions of the act.

Grants DOT the authority to permit private use and encroachment of the airspace described in Pinehurst for the purpose of construction of a parking facility structure for Moore Regional Hospital, so long as DOT determines that the structure will not unreasonably interfere with or obstruct the public use of the right-of-way of the specified State road. Requires the Board of Transportation's approval of any agreement for an authorized encroachment. Subjects any authorized encroachment agreement to all state and federal laws, and any DOT imposed conditions. Requires access for the parking facility structure to be approved by DOT under a separate driveway permit. Deems Moore Regional Hospital responsible for all costs associated with DOT requirements in the approved encroachment agreement and driveway permit. Prohibits Moore Regional Hospital or any other organization or event from requiring a fee to use the parking structure within the described airspace.

Amends proposed GS 63-74 to make clarifying changes to the distribution formula of Airport Improvement Program funds. Makes further technical changes. 

Eliminates the proposed changes to GS 136-28.4, which directed the Office of Civil Rights to increase outreach efforts to small professional service firms.

Repeals Section 35.18 of SL 2016-94, which authorized DOT to lease or convey the Murphy Branch Rail Line, as described.

Adds to the powers granted to DOT in GS 136-18 to allow DOT to enter into partnership agreements with private entities to finance the cost of acquiring, constructing, equipping, maintaining, and operating communications infrastructure supporting the State's transportation infrastructure, as well as to plan, design, develop, acquire, contract, equip, maintain, and operate the same supporting transportation infrastructure within the state. Defines communications infrastructure supporting transportation infrastructure to include broadband or data transmission facilities within the right-of-way of the interstate or primary highway system owned and utilized by DOT for traffic management, highway safety, vehicle technology integration, or other DOT functions. Requires DOT partnership agreements to receive concurrence of the Board of Transportation. Requires DOT to report to specified NCGA committee chairs at the same time it notifies the Board of Transportation of a proposed agreement. Requires approval of the Local Government Commission for certain agreements committing DOT to make nonretainage payments for undisputed capital costs to be made later than 18 months after final acceptance by DOT. Requires the agreements to comply with the competitive bidding requirements. Details parameters agreements under the statute must comply with, including prohibiting any agreement from abrogating DOT's ownership and control of the right-of-way or communications infrastructure and its facilities within the right-of-way. Limits the term of any agreement under this provision to 50 years from the date the communications infrastructure becomes operational and used by DOT. Requires DOT to report to the specified NCGA committee 60 days prior to signing a concession agreement, detailing eight elements of the presumptive concessionaire. Makes conforming changes to GS 136-18, allowing DOT to act as a conduit issuer for private activity security bonds for financing agreements under the newly added provisions. 

Directs DOT to develop standards for entering into comprehensive agreements with private entities under the DOT's newly granted authority and report the standards with legislative recommendations to the specified NCGA committee by March 1, 2020.

Requires the State agency (agency) for State surplus property to establish a pilot program by October 1, 2019, for disposing of Department of Transportation (DOT) surplus property by live public auction and via live simulcast or electronic means without requiring the movement of DOT surplus property. Requires the agency to prepare a request for proposal for three public auctions conducted by a private licensed auctioneer during the pilot program. Prohibits holding auctions after December 31, 2021, and terminates the pilot program upon submission of its required report. Requires the agency to issue a request for proposal for the sale of DOT surplus property by December 1, 2019. Requires the agency to group the various highway Divisions into three regions for determining the live public auction locations based on surplus property distribution and storage locations. Requires DOT to provide specified files and documents for each item or motor vehicle being auctioned prior to the auction. Requires the agency to consult with DOT to determine staffing requirements, documentation of property for auction, and arrangements for the public to access storage locations to inspect and view the property to be auctioned. Requires proceeds to be credited to the State Highway Fund. Sets out 10 additional auctioneer requirements that must be included in the request for proposal, including that the auctioneer accept payment by any commercially reasonable manner, allowing the auction company to charge credit card and platform fees of up to 3% of the highest and final bid, requiring posting a cash bond or equivalent guarantee in the amount of $250,000, and requiring minimum coverage of $2 million in commercial general liability insurance. Requires the agency to review proposals and enter into a contract by June 1, 2020, with the lowest responsible bidder who provides evidence that it meets the request for proposal requirements. Requires the agency to report by March 1, 2022, to the specified NCGA committee on the results, findings, and legislative recommendations based on the results of the auctions. Specifies items that must be included in the report. 

Amends GS 20-7(il) to allow a restoration fee charged a person whose driver's license was revoked under GS Chapter 20 (other than GS 20-17(a)(2) concerning specified impaired driving offenses) to be waived if (1) the restoration fee remains unpaid for more than 10 years from the date of assessment and (2) the person responsible for paying the restoration fee has been issued a driver's license by the Division of Motor Vehicles after the effective date of the revocation for which the restoration fee is owed. Effective October 1, 2019. 

Amends GS 20-37.6(d) concerning the designation of parking spaces for handicapped persons by adding that a parking space designated for handicapped persons includes clearly marked access aisles, and all provisions, restrictions, and penalties applicable to parking in spaces designated for handicapped persons also apply to clearly marked access aisles. 

Enacts new Article 10, Peer-to-Peer Vehicle Sharing, in GS Chapter 20. Allows an airport operator to (1) charge vehicle sharing providers a reasonable fee for using the airport’s facility, (2) require shared vehicles operating on airport property to display an identifying decal, (3) require the purchase and use of equipment or establish other ways to monitor and audit compliance, and (4) designate a location where shared vehicles may stage on the airport operator’s facility. Defines terms used in the Article, including defining peer-to-peer vehicle sharing program as a business platform that connects shared vehicle owners with drivers to enable the sharing of vehicles for financial consideration. Effective October 1, 2019.