Bill Summary for H 206 (2019-2020)

Summary date: 

Aug 6 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 206 (Public) Filed Tuesday, February 26, 2019
AN ACT TO MAKE CHANGES TO LAWS RELATED TO TRANSPORTATION.
Intro. by Torbett.

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Bill 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.

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