North Carolina SB 774: DOT Legislative Changes.-AB

Bill Text

NORTH CAROLINA GENERAL ASSEMBLY
AMENDMENT
Senate Bill 774

AMENDMENT NO. __________
(to be filled in by
S774-ABG-61 [v.11] Principal Clerk)
Page 1 of 4

Amends Title [NO] Date ,2022
Third Edition

Senator Sawyer

*S774-ABG-61-v-11*
moves to amend the bill on page 3, lines 2-13, by rewriting those lines to read: 1
"INCLUDE NEVI AND CRP FEDERAL FUNDS WITHIN STI FORMULA 2
SECTION 6. G.S. 136-189.11, as amended by Section 3.5 of S.L. 2021-185, reads 3
as rewritten: 4
"§ 136-189.11. Transportation Investment Strategy Formula. 5
... 6
(b) Funds Excluded From Formula. – The following funds are not subject to this section: 7
(1) Federal congestion mitigation and air quality improvement program funds 8
appropriated to the State by the United States pursuant to 23 U.S.C. § 9
104(b)(2) and 23 U.S.C. § 149. 10
(1a) Federal Carbon Reduction Program formula funds appropriated to the State. 11
(2) Funds received through competitive awards or discretionary grants through 12
federal appropriations either for local governments, transportation authorities, 13
transit authorities, or the Department. 14
(3) Funds received from the federal government that under federal law may only 15
be used for Appalachian Development Highway System projects. 16
(4) Funds used in repayment of "GARVEE" bonds related to Phase I of the 17
Yadkin River Veterans Memorial Bridge project. 18
(5) Funds committed to gap funding for toll roads funded with bonds issued 19
pursuant to G.S. 136-176. 20
(6) Funds obligated for projects in the State Transportation Improvement 21
Program that are scheduled for construction as of October 1, 2013, in State 22
fiscal year 2012-2013, 2013-2014, or 2014-2015. 23
(7) Toll collections from a turnpike project under Article 6H of this Chapter and 24
other revenue from the sale of the Authority's bonds or notes or project loans, 25
in accordance with G.S. 136-89.192. 26
(8) Toll collections from the State-maintained ferry system collected under the 27
authority of G.S. 136-82. 28
(9) Federal State Planning and Research Program funds (23 U.S.C. § 505) and 29
Metropolitan Planning funds (23 U.S.C. §§ 104 and 134). 30
(10) Federal Lands Access Program funds received by the State pursuant to 23 31
U.S.C. § 204. 32

A

A1
ADOPTED
A1

NORTH CAROLINA GENERAL ASSEMBLY
AMENDMENT
Senate Bill 774

AMENDMENT NO. __________
(to be filled in by
S774-ABG-61 [v.11] Principal Clerk)
Page 2 of 4

(11) Funds advanced pursuant to G.S. 136-186. 1
(12) Funds appropriated to the North Carolina State Ports Authority for the 2
purposes described in G.S. 136-176(b3). 3
... 4
(c) Funds With Alternate Criteria. – The following federal program activities shall be 5
included in the applicable category of the Transportation Investment Strategy Formula set forth 6
in subsection (d) of this section but shall not be subject to the prioritization criteria set forth in 7
that subsection: 8
(1) Bridge replacement. 9
(2) Interstate maintenance. 10
(3) Highway safety improvement. 11
(4) State funds used to match federal Congestion Mitigation and Air Quality 12
Improvement (CMAQ) program funds apportioned to the State pursuant to 23 13
U.S.C. § 104(b)(2) and 23 U.S.C. § 149 for projects on the State highway 14
system that improve the safety, mobility, and operational characteristics of the 15
State highway system for motorists. 16
(5) State funds used to match federal Carbon Reduction Program formula funds 17
appropriated to the State for projects on the State highway system that 18
improve the safety, mobility, and operational characteristics of the State 19
highway system for motorists. 20
... 21
(d) Transportation Investment Strategy Formula. – Funds subject to the Formula shall be 22
distributed as follows: 23
... 24
(3) Division Need Projects. – Thirty percent (30%) of the funds subject to this 25
section shall be allocated in equal share to each of the Department divisions, 26
as defined in G.S. 136-14.1, and used for Division Need Projects. 27
... 28
b. Alternate criteria. – Funding from the following programs shall be 29
included in the computation of each of the Department division equal 30
shares but shall be subject to alternate quantitative criteria: 31
1. Federal Surface Transportation Program-Direct Attributable 32
funds expended on eligible projects in the Division Need 33
Projects category. 34
2. Federal Transportation Alternatives funds appropriated to the 35
State. 36
3. Federal Railway-Highway Crossings Program funds 37
appropriated to the State. 38
3a. Federal National Electric Vehicle Infrastructure (NEVI) 39
Program formula funds appropriated to the State. 40
4. Projects requested from the Department in support of a 41
time-critical job creation opportunity, provided that (i) the 42
Department investment for all projects funded under this 43
A A1ADOPTED A1

NORTH CAROLINA GENERAL ASSEMBLY
AMENDMENT
Senate Bill 774

AMENDMENT NO. __________
(to be filled in by
S774-ABG-61 [v.11] Principal Clerk)
Page 3 of 4

sub-sub-subdivision in any fi