AN ACT TO MAKE CHANGES TO LAWS RELATED TO TRANSPORTATION. SL 2019-199. Enacted August 21, 2019. Section 4 is effective July 1, 2019. Section 7 and Section 9 are effective October 1, 2019. Effective August 21, 2019, unless otherwise indicated.
Summary date: Aug 21 2019 - View Summary
Summary date: Aug 6 2019 - View Summary
Conference report makes the following changes to the 5th edition.
Modifies the provisions authorizing the Department of Transportation (DOT) to permit private use and encroachment of airspace above the described location in Pinehurst, now providing for the use and encroachment for the purpose of constructing a parking facility structure for FirstHealth of the Carolinas, Pinehurst (was, a parking facility structure for Moore Regional Hospital). Makes conforming and technical changes.
Eliminates the proposed repeal of Section 35.18 of SL 2016-94, which authorizes DOT to lease and convey the Murphy Branch Rail Line.
Amends proposed GS 136-18(46), which authorizes DOT to enter into partnership agreements with private entities to finance communications infrastructure within highway rights-of-way. Modifies the criteria of such partnership agreements to now require a private entity or its contracts to provide performance and payment security in the form of performance and payment bonds on the design and construction portion of the agreement as required under specified state law (was, in the form and in the amount determined by DOT, and permitted bonds, letters of credit, parent guaranties, or other instruments acceptable to DOT).
Adds new provisions to authorize DOT to sell five described real property parcels in Wake County. Requires the sales to be made by the Department of Administration (DOA) pursuant to state law procedures, except as follows. Exempts the properties sold from the requirement in GS 146-28 that DOA determine present and future State need for the land proposed to be conveyed; and GS 146-29.1(b) and (c), which allow for the lease or sale of State property at less than fair market value to public entities or nonprofits, as specified. Limits the service charge for the property sales to the amount or rate fixed under GS 146-30(c) or $50,000.
Summary date: Jul 8 2019 - View Summary
Senate amendments amend the 4th edition, as amended, as follows.
Amendment #2 adds new Section 3.1, directing the Environmental Management Commission (EMC) and the Department of Environmental Quality (DEQ) to implement the Neuse River Basin Riparian Buffer Rule (15A NCAC 02B .0233, including the proposed readoption and recodification of that rule as 15A NCAC 02B .0714, adopted by the EMC and approved by the Rules Review Commission) by designating Airport Impacted Property as Allowable with Mitigation. Defines Airport Impacted Property as any tract of property contiguous to airports located in the Neuse River Basin served by greater than 50,000 flights annually that is impacted by a relocation of State-maintained road to accommodate expansion or relocation of airport operations. Directs the EMC to adopt rules to amend the Rule consistent with the implementation provisions.
Amendment #3 modifies proposed Article 10B, Peer-to-Peer Vehicle Sharing, of GS Chapter 20. Amends the definition of vehicle sharing provider to refer to "personal vehicle sharing" rather than "private motor vehicle rentals." Amends proposed GS 20-280.17 to allow airport operators to, among previously provided authorities, (1) charge peer-to-peer vehicle sharing programs, as previously defined (rather than vehicle sharing providers), a reasonable fee for use of the airport's facility and (2) requiring a peer-to-peer vehicle sharing program (rather than a vehicle sharing provider) provide data for purposes of monitoring and auditing compliance.
Summary date: Jul 2 2019 - View Summary
Senate amendment makes the following changes to the 4th edition.
Modifies the proposed directive regarding the Environmental Management Commission's implementation of the Neuse River Basin Riparian Buffer Rule (Rule). Expands the directive to also include implementation of the proposed readoption and recodification of the Rule adopted by the Environmental Review Commission (ERC) on March 14, 2019, and approved by the Rules Review Commission on May 16, 2019, now together referred to as the Neuse River Airport Rules (Rules). Changes the definition of Airport Facilities to instead reference the definition adopted by the ERC on March 14, 2019. Now requires the ERC to implement the Rules by using the definition of Airport Facilities set forth (which is identical to the previously provided definition of the term by the act) instead of the definition adopted by the ERC on March 14, 2019. Requires the ERC to adopt rules to amend the Rules consistent with the implementation provisions of the act. Eliminates the previous implementation provisions that exempt certain airport facilities based on the size of impact from certain provisions of the Rule.
Summary date: Jun 28 2019 - View Summary
Senate committee substitute makes the following changes to the 3rd edition.
Modifies proposed GS 136-18(46) to more specifically grant authority for the Department of Transportation (DOT) to enter into partnership agreements with private entities with regard to communications infrastructure supporting transportation infrastructure on the Interstate System as defined by specified federal law. Additionally, limits the authority granted by the new subsection to projects which receive federal discretionary grants issued by the US Department of Transportation.
Adds a directive requiring DOT to consult and coordinate with private telecommunications industry entities regarding the authority granted under Section 5 of the act. Requires DOT to report its findings and legislative recommendations to the specified NCGA committee by March 1, 2020.
Summary date: Jun 27 2019 - View 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.
Summary date: Jun 26 2019 - View Summary
Senate committee substitute to the 2nd edition is to be summarized.
Summary date: Mar 18 2019 - View Summary
House committee substitute makes the following changes to the 1st edition.
Modifies proposed GS 63-74, which establishes an Airport Improvement Program (program). Now requires the biennial economic impact study to be conducted by the Department of Transportation (DOT) to look at the annual economic impact of each commercial service airport in the state (previously, each commercial and general aviation airport in the state), with funds appropriated to the program to be disbursed based on the percentage of the total economic impact of each eligible airport, as previously specified. Modifies the parameters for the distribution of program funds, now requiring the three largest airports, as defined by economic impact, to take a 5% cut per decile of the pro rata share of funds distributed, with a maximum cut of 20% (previously, limited the distribution of funds to the three largest airports, as defined by the total number of passenger boardings used to determine program eligibility, to no more than 80% of the total program funds). Maintains the distribution requirements for the remaining funds to remaining eligible airports previously provided.
Summary date: Feb 26 2019 - View Summary
Amends GS 40A-3 by adding that school committees or boards of trustees or of directors of a corporation holding title to real estate upon which any private educational institution is situated have the power of eminent domain in order to accommodate transportation improvements required by the Department of Transportation (DOT).
Enacts new GS 63-74 establishing an Airport Improvement Program (program) to: (1) fund improvements at eligible airports and (2) pay debt service or related financing costs and expenses on revenue bonds or notes issued by eligible airports. Requires DOT to allocate funds appropriated to this program to eligible airports based on the findings in the required biennial economic impact study. Makes any publicly owned, commercial service airport with more than 10,000 passenger boardings during the two calendar years preceding the fiscal year in which funds are allocated eligible to apply for airport improvement program funds. Requires DOT to conduct a biennial economic impact study looking at the annual economic impact of each commercial and general aviation airport in the state. Requires funds appropriated to the program to be disbursed based on the percentage of the total economic impact of each eligible airport. Limits the distribution of funds to the three largest airports to no more than 80% of the total program funds and sets out distribution requirements for the remaining funds. Requires that an airport provide a report outlining how the funds will be used in conformance with the purposes of the program before funds may be allocated. Sets out the time frame for awarding funds. Requires unexpended funds to be returned. Specifies that the allocation of funds under this statute, the enactment of the statute, and the issuance of bonds or notes by the airports in reliance thereon, does not constitute a pledge of the full faith and credit and taxing power of the State. Allocations are subject to the availability of funds appropriated to the program. Repeals Section 34.19(b) of SL 2017-57, which required that $31,282,131 in recurring funds of the funds appropriated from the Highway Fund to DOT for capital improvements at commercial airports be allocated to the Raleigh-Durham International Airport beginning in 2018-19.
Amends GS 136-284 by directing the DOT's Office of Civil Rights to increase outreach to small professional service firms (as now defined in the act). Requires the Office to set a goal that the use of small professional firms increase by 5% by January 1, 2021.
Amends SL 2009-235, Section 2, as amended, by removing the July 1, 2017, expiration of the authorization for DOT to partner with private developers on engineering, design, or construction of improvements to the State highway system.