Bill Summary for H 422 (2011-2012)

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Summary date: 

Apr 20 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 422 (Public) Filed Monday, March 21, 2011
TO PROHIBIT THE DEPARTMENT OF TRANSPORTATION FROM ACCEPTING FEDERAL FUNDS FOR A HIGH-SPEED RAIL PROJECT WITHOUT EXPLICIT AUTHORIZATION FROM THE GENERAL ASSEMBLY, AND TO PROVIDE A PENALTY FOR THE DEPARTMENT OF TRANSPORTATION FOR NONCOMPLIANCE.
Intro. by Killian, Frye.

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Bill summary

House committee substitute makes the following changes to 1st edition. Deletes all provisions of the 1st edition and replaces it with AN ACT TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO REPORT THE ACCEPTANCE OF ALL FEDERAL RAIL FUNDS AND TO CONSULT WITH THE GENERAL ASSEMBLY PRIOR TO ACCEPTING FUNDS FOR CERTAIN PROJECTS. Amends GS 136-44.36 to add a new subsection (b) placing certain requirements on the acceptance of federal funds by the NC Department of Transportation (DOT) for rail programs as follows: (1) requires DOT to report to the General Assembly (either the Joint Legislative Commission on Governmental Operations or the Senate and House Transportation Appropriation Subcommittees, depending on whether the General Assembly is in session) certain project details including the amount of federal funds, the amount of any state matching funds, and expected annual maintenance and operational costs to the State for the next 25 years; and (2) requires DOT to consult with the General Assembly (either the Joint Legislative Commission on Governmental Operations or the Senate and House Transportation Appropriation Subcommittees, depending on whether the General Assembly is in session) prior to accepting federal funds if the cost to the State is reasonably expected to exceed $3 million. If consultation is required, failure of the appropriate committee or committees of the General Assembly to hold a meeting with DOT within 90 days of a written request is deemed a waiver of the consultation requirement. Effective April 1, 2011.