H165: DOT Legislative Changes.-AB Latest Version



AN ACT to make changes to laws, as recommended by the department of transportation.

The General Assembly of North Carolina enacts:

 

Part i. department of transportation

 

MODIFY CAP ON CERTAIN PUBLIC PRIVATE PARTNERSHIPS

SECTION 1.  G.S. 136‑18(39a)a. reads as rewritten:

(39a)  a.         The Department of Transportation or and Turnpike Authority, as applicable, may enter into up to three agreements each with a private entity as provided under subdivision (39) of this section for which the provisions of this section apply.

 

MODIFY LIMIT ON FUNDS TO PAY MAP ACT SETTLEMENT COSTS

SECTION 2.(a)  Section 1.4(a) of S.L. 2019‑251 reads as rewritten:

SECTION 1.4.(a)  Limitation on Funds to Pay Map Act Settlement Costs. – The Department of Transportation may use no more than one hundred fifty million dollars ($150,000,000) three hundred million dollars ($300,000,000) each fiscal year to pay compensation for damages arising from the Department's recordation of a transportation corridor map under Article 2E of Chapter 136 of the General Statutes (Map Act). This limitation does not apply to the payment of compensation for Map Act damages arising from a Turnpike project. For purposes of this section, the term Turnpike project has the same meaning as in G.S. 136‑89.181.

SECTION 2.(b)  Section 1.4(a) of S.L. 2019‑251, as amended by subsection (a) of this section, reads as rewritten:

SECTION 1.4.(a)  Limitation on Funds to Pay Map Act Settlement Costs. – The Department of Transportation may use no more than three hundred million dollars ($300,000,000) five million dollars ($5,000,000) each fiscal year to pay compensation for damages arising from the Department's recordation of a transportation corridor map under Article 2E of Chapter 136 of the General Statutes (Map Act). This limitation does not apply to the payment of compensation for Map Act damages arising from a Turnpike project. For purposes of this section, the term Turnpike project has the same meaning as in G.S. 136‑89.181.

SECTION 2.(c)  Subsection (a) of this section is effective when it becomes law. Subsection (b) of this section becomes effective July 1, 2022.

 

REVISIONS TO HIGHWAY MAINTENANCE IMPROVEMENT PROGRAM

SECTION 3.  G.S. 143B‑350(f)(4a) reads as rewritten:

(4a)    To approve a schedule of State highway maintenance projects and their anticipated cost. This schedule is designated the Highway Maintenance Improvement Program and is established in G.S. 136‑44.3A. The Board shall publish the schedule on the Department's Web site by April 1 website by June 1 of each year. The document that contains the Highway Maintenance Improvement Program shall include the anticipated funding sources for the improvement projects included in the Highway Maintenance Improvement Program, a list of any changes made from the previous year's Highway Maintenance Improvement Program, and the reasons for the changes.Program.

SECTION 4.  G.S. 136‑44.3A reads as rewritten:

§ 136‑44.3A.  Highway Maintenance Improvement Program.

(a)        Definitions. – The following definitions apply in this Article:

(1)        Cape seal treatment. – A chip seal treatment followed by a slurry seal treatment.

(2)        Chip seal treatment. – A type of pavement preservation treatment applied to existing asphalt pavement. The treatment involves spraying an asphalt emulsion onto the roadway, applying a layer of aggregate chips, and rolling the chips into the emulsion. This term includes single, double, and triple chip seal treatments.

(3)        Highway Maintenance Improvement Program. – The schedule of State highway maintenance projects required under G.S. 143B‑350(f)(4a).

(4)        Highway Maintenance Improvement Program Needs Assessment. – A report of the amount of funds needed, the number of affected lane miles, and the percentage of the primary and secondary system roads that are rated to need a resurfacing or pavement preservation treatment within the Highway Maintenance Improvement Program's five‑year time period but are not programmed due to funding constraints.needed and the quantity of work to be accomplished to meet and sustain the performance standards for the State highway system in each of the maintenance program categories.

(5)        Microsurfacing treatment. – A type of pavement preservation treatment that involves mixing fine aggregate, asphalt emulsion, minerals, water, and a polymer additive, and applying the mixture to the roadway.

(6)        Pavement preservation treatment. – Includes full‑width surface treatments used to extend or renew A pavement preservation treatment is a roadway improvement practice that improves roadway quality and extends or renews the pavement life. Types of pavement preservation treatment include hot‑mixed asphalt overlays, cape seal treatment, chip seal treatment, microsurfacing, crack sealing, slurry seal, and fog seal.

(7)        Rehabilitation. – A contract resurfacing maintenance program that involves applying multiple layers of pavement that exceed two inches.

(8)        Resurfacing. – A contract resurfacing program that involves applying one layer that does not exceed two inches of pavement.

(9)        Slurry seal treatment. – A type of pavement preservation treatment that involves mixing fine aggregate, asphalt emulsion, minerals, and water, and applying the mixture to the roadway.



(c)        Highway Maintenance Improvement Program. – After the annual inspection of roads within the State highway system, each highway division shall determine and report to the Chief Engineer on (i) the need for rehabilitation, resurfacing, or pavement preservation treatments, (ii) the need for bridge and general maintenance, and (iii) projected changes to the condition of pavement on primary and secondary roads for each year over a five‑year period. The Chief Engineer shall establish a five‑year priority list for each highway division based on the Chief Engineer's estimate of need. In addition, the Chief Engineer shall establish a five‑year improvement schedule, sorted by county, for rehabilitation, resurfacing, and pavement preservation treatment activities. The schedule shall be based on the amount of funds appropriated to the contract resurfacing program and the pavement preservation program in the fiscal year preceding the issuance of the Highway Maintenance Improvement Program for all five years of the Highway Maintenance Improvement Program. State funding for the Highway Maintenance Improvement Program shall be limited to funds appropriated from the State Highway Fund.system, all of the following shall occur:

(1)        The Chief Engineer shall establish the annual cost to meet and sustain the performance standards for pavement, bridge, and general maintenance activities for the State highway system.

(2)        The Division Engineer for each highway division shall determine and report to the Chief Engineer a five‑year improvement schedule, sorted by county, for pavement, bridge, and general maintenance activities within each highway division. The schedule shall be based on the amount of funds appropriated to the pavement, bridge, and general maintenance programs in the fiscal year preceding the issuance of the Highway Maintenance Improvement Program for all five years of the Highway Maintenance Improvement Program. State funding for the Highway Maintenance Improvement Program shall be limited to funds appropriated from the State Highway Fund.



(g)        Report. – The Department shall submit the Highway Maintenance Improvement Program and Highway Maintenance Improvement Program Needs Assessment to the General Assembly by April 1 June 1 of each year. If the General Assembly is in session, the Department shall report to the House of Representatives Appropriations Subcommittee on Transportation, the Senate Appropriations Committee on Transportation, and the Fiscal Research Division. If the General Assembly is not in session, the Department shall report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division.

 

EXEMPT PORTS AUTHORITY FROM STATUTORY REQUIREMENTS TO OBTAIN CONSULTANT SERVICE CONTRACTS

SECTION 5.  G.S. 143‑64.24 is amended by adding a new subdivision to read:

(9)      The North Carolina State Ports Authority. The North Carolina State Ports Authority may only contract to obtain the services of a consultant after the proposed contract is approved by the Board of the North Carolina State Ports Authority.

 

Part ii. Division of Motor Vehicles

 

INSURANCE COMPANIES TO SUBMIT POLICY NOTIFICATIONS TO DIVISION ELECTRONICALLY

SECTION 6.  G.S. 20‑309.2(c) reads as rewritten:

(c)      Form of Notice. – Any insurer with twenty‑five million dollars ($25,000,000) or more in annual vehicle insurance premium volume shall submit the notices required under this section by electronic means. All other insurers may shall submit the notices required under this section by either paper or electronic means.

 

AUTHORIZE ONLINE RENEWALS FOR DMV ISSUED LICENSES, PERMITS, CERTIFICATES, AND REGISTRATIONS

SECTION 7.  Article 1 of Chapter 20 of the General Statutes is amended by adding a new section to read:

§ 20‑4.04.  Division authority to create electronic systems for renewals.

(a)        Authorization. – The Division is authorized to establish and maintain electronic systems and means for renewals of all licenses, permits, certificates, and registrations issued by the Division pursuant to this Chapter for the purposes of administrative efficiency and to modernize Division systems and practices. This authorization does not supersede or modify specific renewal authorizations set out in this Chapter.

(b)        Reporting Requirement. – By December 31, 2021, and annually thereafter, the Division must report to the Joint Legislative Transportation Oversight Committee, the Fiscal Research Division, and Legislative Analysis Division any electronic system or means for renewal that has been implemented or is in the process of being implemented. This report shall also include any proposed legislative recommendations necessary as conforming changes to the General Statutes.

 

HANDICAPPED PLACARD ONLINE RENEWAL

SECTION 8.  G.S. 20‑37.6(c1) reads as rewritten:

(c1)    Application and Renewal; Medical Certification. – The initial application for a distinguishing license plate, removable windshield placard, or temporary removable windshield placard shall be accompanied by a certification of a licensed physician, a licensed ophthalmologist, a licensed optometrist, a licensed physician assistant, a licensed nurse practitioner, or the Division of Services for the Blind that the applicant or person in the applicant's custody or care is handicapped or by a disability determination by the United States Department of Veterans Affairs that the applicant or person in the applicant's custody or care is handicapped. For an initial application for a temporary removable windshield placard only, the certification that the applicant is handicapped may be made by a licensed certified nurse midwife. The application for a temporary removable windshield placard shall contain additional certification to include the period of time the certifying authority determines the applicant will have the disability. Distinguishing license plates shall be renewed annually, but subsequent applications shall not require a medical certification that the applicant is handicapped, except that a registered owner that certified pursuant to subsection (b) of this section that the registered owner is the guardian or parent of a handicapped person must recertify every five years. Removable windshield placards shall be renewed every five years, and, except for a person certified as totally and permanently disabled at the time of the initial application or a prior renewal under this subsection, the renewal shall require a medical recertification that the person is handicapped; provided that a medical certification shall not be required to renew any placard that expires after the person to whom it is issued is 80 years of age. Temporary removable windshield placards shall expire no later than six months after issuance. The Division shall offer renewal of handicapped credentials in person and online on the Division's website.

 

DISQUALIFICATION FOR LIFE FROM DRIVING A CMV FOR CERTAIN CONVICTIONS OF SEVERE FORMS OF TRAFFICKING IN PERSONS

SECTION 9.  G.S. 20‑17.4 is amended by adding a new subsection to read:

(c2)    Life. – A person shall be disqualified from driving a commercial motor vehicle for life, without the possibility of reinstatement, if convicted of a major disqualifying offense as defined in 49 C.F.R. § 383.51(b)(10).

 

HATTERAS/OCRACOKE FERRY LEASE

SECTION 9.1.  Notwithstanding Article 8 of Chapter 143 of the General Statutes, G.S. 136-28.1, and any other provision of law to the contrary, the Department of Transportation, Ferry Division, shall lease a passenger ferry vessel for operation between Hatteras and Ocracoke. The term of the lease shall end no later than September 12, 2021. Of the funds appropriated in S.L. 2020-91 from the Highway Fund to the Department of Transportation, the sum of nine hundred forty-three thousand dollars ($943,000) in nonrecurring funds shall be used by the Division to lease and operate the ferry.

 

REIMBURSEMENT OF CARTERET COUNTY

SECTION 9.2.  Of the funds appropriated in S.L. 2020-91 from the Highway Fund to the Department of Transportation, the sum of sixty-two thousand nine hundred seventeen dollars ($62,917) in nonrecurring funds shall be used to reimburse funds provided by Carteret County on behalf of Hyde County to fulfill the local match requirements for grant funds to dredge the Cedar Island ferry channel.

 

DREDGING FUNDS

SECTION 9.3.  Of the funds appropriated in S.L. 2020-91 from the Highway Fund to the Department of Transportation, the sum of three hundred sixty-two thousand dollars ($362,000) in nonrecurring funds shall be used for North Carolina coastal dredging.

 

Part iii. effective date

SECTION 10.  Except as otherwise provided, this act is effective when it becomes law.