Bill Summary for H 528 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Apr 11 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 528 (Public) Filed Wednesday, March 29, 2017
AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2017.
Intro. by Millis, Torbett.

View: All Summaries for BillTracking:

Bill summary

House committee substitute makes the following changes to the 1st edition. 

Amends the title of proposed GS 136-93.1A, Time frame for reviewing and making a decision on traffic impact analyses (previously, on certain driveway permit applications). Makes conforming changes throughout the proposed statute to remove driveway permits from the scope of the act. 

Amends subsection (a), setting out the time frames that apply to the Department of Transportation's process for reviewing and making a decision on a traffic impact analysis. Modifies subdivision (3) to require the Department of Transportation (Department) to review and make a decision as to the issuance of a traffic impact analysis no later than 20 business days from the day the traffic impact analysis is determined or deemed to be complete in accordance with subdivision (2) of subsection (a) or subsection (e) (previously, did not include subsection (e)). 

Amends subsection (b), setting out the rules that apply when calculating the time frames provided in subsection (a), making subdivision (1) (requiring the period of time in which a local government or local transportation planing organization reviews and provides feedback be included) applicable to all of subsection (a), not just subdivisions (1) and (2) as previously provided. 

Adds to subsection (c), providing that when the Department rejects a traffic impact analysis, the Department must provide the applicant written notice specifically setting forth the reason for rejection.

Adds new subsection (d), establishing that the time frames set forth in subsection (a) reset upon rejection of a traffic impact analysis. Permits the Department to authorize an applicant to reuse the scope approved for a rejected traffic impact analysis if the applicant is submitting a revised traffic impact analysis. Directs the Department to notify the applicant as to whether the original scope can be used no later than five business days from the day the Department receives notice from the applicant that the applicant plans to submit a revised traffic impact analysis.

Adds new subsection (e) providing for an appeal of a rejection of a traffic impact analysis by an applicant providing written notice of appeal to the Chief Engineer no later than five business days from the day the applicant receives the written notice required under subsection (c). Requires the Chief Engineer to, within five business days from the written notice of appeal, to either affirm or overturn the rejection being appealed. Provides that if the rejection being appealed is overturned, the traffic impact analysis that was the subject of the appeal is deemed complete. Requires the Chief Engineer to provide the appealing party with written notice of the Chief Engineer's decision, specifically setting forth the reason if the rejection being appealed is affirmed. Provides that the decision by the Chief Engineer is subject to further appeal.

Makes conforming organizational changes.

Provides that the above provisions are effective October 1 (was July 1) 2017, and applies to proposed scopes and traffic impact analyses (previously, driveway permit applications) submitted on or after that date.

Directs the Department to commence development of the appeals process required by GS 136-93.1A(e) when the act becomes law. 

Changes the act's long title.