North Carolina § 136-44 - 17. Pavement preservation program.

§ 136-44. 17. Pavement preservation program.

Program Established. - The Department of Transportation shall establish the pavement preservation program. Eligible Activities or Treatments. - Applications eligible for funding under the pavement preservation program include the following preservation activities or treatments for asphalt pavement structures: Chip seals, slurry seals, fog seals, sand seals, scrub seals, and cape seals. Microsurfacing. Profile milling not covered by resurfacing. Asphalt rejuvenators. Open graded asphalt friction course. Overlays less than 1,000 feet in length. Diamond grinding. Joint sealing. Dowel bar retrofit. Partial-depth or full-depth repairs and reclamations. Ultra-thin whitetopping. Thin lift and sand asphalt overlays. Asphalt crack sealing. Pavement markers and markings. Ineligible Activities or Treatments. - The pavement preservation program shall not include the following preservation activities or treatments: Contract resurfacing activities or major pavement rehabilitation treatments and pretreatments that are used in combination with a resurfacing treatment, such as profile milling or chip seals. Routine maintenance activities used to maintain and preserve the condition of roads. Treatments include, but are not limited to, pothole patching, rut filling, cleaning of roadside ditches and structures, shoulder maintenance, and retracing of pavement markings. Maintenance and preservation activities performed on bridges or culverts. Activities related to positive guidance or signal maintenance program functions. Encumbrance Schedule. - Beginning in the 2015-2016 fiscal year, the Department of Transportation shall spend or encumber all funds appropriated by the General Assembly to the Department for the pavement preservation program by June 30 of the fiscal year for which the funds were appropriated. History (2014-100, s. 34.11(f); 2015-241, s. 29.17(a); 2017-57, s. 34.9.) Editor's Note. - Session Laws 2014-100, s. 34.11(g), provides: "Establishment of Account. - The Department of Transportation shall establish a new account within its maintenance account to receive funds allocated under this section for pavement preservation." Session Laws 2014-100, s. 34.11(h), provides: "2014-2015 Outsourcing Target. - Of funds allocated in this act for pavement preservation, no more than eighty percent (80%) may be used for projects undertaken by the Department, with the remaining funds used for projects outsourced to private contractors." Session Laws 2014-100, s. 34.11(i), provides: "Future Outsourcing Targets. - The Department shall increase its use of outsourcing of pavement preservation activities to reach the following targets for outsourcing of pavement preservation projects: "(1) Thirty percent (30%) of pavement preservation program funds allocated by the 2015-2016 fiscal year. "(2) Fifty-five percent (55%) of pavement preservation program funds allocated by the 2016-2017 fiscal year. "(3) Eighty percent (80%) of pavement preservation program funds allocated by the 2017-2018 fiscal year and subsequent fiscal years thereafter." Session Laws 2014-100, s. 34.11(j), provides: "Increased Use of the Paving Industry. - It is the intent of the General Assembly that the Department work cooperatively with the paving industry so that the industry grows in size, scope, and geographic reach and has the capability to fulfill contracts for pavement preservation work across the State. Therefore, the Department is directed to conduct workshops, trainings, or other meetings to encourage greater privatization of pavement preservation activities with the intent of reducing the amount of pavement preservation activities conducted by the Department." Session Laws 2014-100, s. 34.11( l ), as amended by Session Laws 2015-241, s. 29.17(c), provides: "Report. - The Department shall report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division by no later than September 1, 2014, on its plan for increasing its use of outsourcing of pavement preservation activities in accordance with subsection (i) of this section. The Department shall report no later than December 1, 2014, and annually thereafter, to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division on the Department's progress toward achieving the goals set forth in subsection (i) of this section. The annual report shall include the following: "(1) A monthly examination of expenditures, by treatment type, indicating the amount and percentage performed by contract. "(2) The number of lane miles covered, by treatment type, along with an average cost per lane miles, by treatment type, indicating costs for each type for work performed by the Department and by contract. "(3) The statewide cost per lane mile (hereafter 'unit cost') along with unit cost for each division and for each type of treatment. The Department shall provide an explanation for unit costs that vary by more than ten percent (10%) from the statewide unit cost." Session Laws 2014-100, s. 34.11(m) provides: "Subsection (j) of this section expires June 30, 2017. Subsection ( l ) of this section expires December 31, 2018." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2015-241, s. 29.17(a), effective July 1, 2015, added subdivision (b)(13); deleted "asphalt crack sealing" preceding "pothole patching" in the second sentence of subdivision (c)(2); and added subsection (d). Session Laws 2017-57, s. 34.9, effective July 1, 2017, added subdivision (b)(14). §§ 136-44.18, 136-44.19: Reserved for future codification purposes.