North Carolina § 136-189 - 10. Definitions.

§ 136-189. 10. Definitions.

The following definitions apply in this Article: Distribution Regions. - The following Distribution Regions apply to this Article: Distribution Region A consists of the following counties: Bertie, Camden, Chowan, Currituck, Dare, Edgecombe, Gates, Halifax, Hertford, Hyde, Johnston, Martin, Nash, Northampton, Pasquotank, Perquimans, Tyrrell, Washington, Wayne, and Wilson. Distribution Region B consists of the following counties: Beaufort, Brunswick, Carteret, Craven, Duplin, Greene, Jones, Lenoir, New Hanover, Onslow, Pamlico, Pender, Pitt, and Sampson. Distribution Region C consists of the following counties: Bladen, Columbus, Cumberland, Durham, Franklin, Granville, Harnett, Person, Robeson, Vance, Wake, and Warren. Distribution Region D consists of the following counties: Alamance, Caswell, Davidson, Davie, Forsyth, Guilford, Orange, Rockingham, Rowan, and Stokes. Distribution Region E consists of the following counties: Anson, Cabarrus, Chatham, Hoke, Lee, Mecklenburg, Montgomery, Moore, Randolph, Richmond, Scotland, Stanly, and Union. Distribution Region F consists of the following counties: Alexander, Alleghany, Ashe, Avery, Caldwell, Catawba, Cleveland, Gaston, Iredell, Lincoln, Surry, Watauga, Wilkes, and Yadkin. Distribution Region G consists of the following counties: Buncombe, Burke, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, and Yancey. Division needs projects. - Includes only the following: Projects listed in subdivision (3) or (4) of this section, subject to the limitations noted in those subsections. State highway routes not included in subdivision (3) or (4) of this section. Airports included in the NPIAS that are not included in subdivision (3) or (4) of this section, provided that the State's total annual financial participation under this sub-subdivision shall not exceed eighteen million five hundred thousand dollars ($18,500,000). Rail lines not included in subdivision (3) or (4) of this section. This sub-subdivision does not include short-line railroads. Public transportation service not included in subdivision (3) or (4) of this section. This sub-subdivision includes commuter rail, intercity rail, and light rail. Nothing in this sub-subdivision shall be construed as authorizing total State funding in excess of the maximum established in sub-subdivision g. of subdivision (3) of this section for commuter rail and light rail projects. Multimodal terminals and stations serving passenger transit systems. Federally funded independent bicycle and pedestrian improvements. Replacement of State-maintained ferry vessels. Federally funded municipal road projects. Regional impact projects. - Includes only the following: Projects listed in subdivision (4) of this section, subject to the limitations noted in that subdivision. U.S. highway routes not included in subdivision (4) of this section. N.C. highway routes not included in subdivision (4) of this section. Commercial service airports included in the NPIAS that are not included in subdivision (4) of this section, provided that the State's annual financial participation in any single airport project included in this subdivision may not exceed three hundred thousand dollars ($300,000). The State-maintained ferry system, excluding passenger vessel replacement. Rail lines that span two or more counties not included in subdivision (4) of this section. This sub-subdivision does not include short-line railroads. Public transportation service that spans two or more counties and that serves more than one municipality. Programmed funds pursuant to this sub-subdivision shall not exceed ten percent (10%) of any distribution region allocation. This sub-subdivision includes commuter rail, intercity rail, and light rail. Total State funding for a commuter rail or light rail project shall not exceed the lesser of ten percent (10%) of the distribution region allocation or ten percent (10%) of the estimated total project costs used during the prioritization scoring process. The State shall not be responsible or liable for any project costs in excess of the maximum established under this sub-subdivision. Any agreement entered into by the State to fund a commuter rail or light rail project shall include language setting out the limitations set forth in this sub-subdivision. Statewide strategic mobility projects. - Includes only the following: Interstate highways and future interstate highways approved by the federal government. Routes on the National Highway System as of July 1, 2012, excluding intermodal connectors. Highway routes on the United States Department of Defense Strategic Highway Network (STRAHNET). Highway toll routes designated by State law or by the Department of Transportation, pursuant to its authority under State law. Highway projects listed in G.S. 136-179, as it existed on July 1, 2012, that are not authorized for construction as of July 1, 2015. Appalachian Development Highway System. Commercial service airports included in the Federal Aviation Administration's National Plan of Integrated Airport Systems (NPIAS) that provide international passenger service or 375,000 or more enplanements annually, provided that the State's annual financial participation in any single airport project included in this subdivision may not exceed five hundred thousand dollars ($500,000). Freight capacity and safety improvements to Class I freight rail corridors. History (2013-183, s. 1.1(a); 2013-360, s. 34.30; 2013-410, s. 38(a); 2016-94, s. 35.12(c), (d); 2018-97, s. 7.5(c).) Editor's Note. - The subdivisions have been renumbered to achieve alphabetical order at the direction of the Revisor of Statutes. Session Laws 2013-183, s. 6.1, as amended by Session Laws 2013-410, s. 38(g), provides: "Formula Implementation Report. - The Department of Transportation shall report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division no later than August 15, 2013, on the Department's recommended formulas that will be used in the prioritization process to rank highway and nonhighway projects. The Department of Transportation's Prioritization Office shall develop the prioritization processes and formulas for all modes of transportation. The report will include a statement on the process used by the Department to develop the formulas, include a listing of external partners consulted during this process, indicate differences between the criteria and weights for highway and non-highway modes between the 3.0 workgroup recommendations and the final Department recommendations, and include feedback from its 3.0 workgroup partners on the Department's proposed recommendations. The Department shall not finalize the formula without consulting with the Joint Legislative Transportation Oversight Committee. The Joint Legislative Transportation Oversight Committee has 30 days after the report is received to meet and consult on the Department's recommendations. If no meeting occurs within 30 days after the report is received, the consultation requirement will be met. If consultation occurs and a majority of members serving on the Committee request changes to the Department's recommended formulas for highway and nonhighway modes, the Department shall review the requests and provide to the Committee its response to the requested changes no later than October 1, 2013. A final report on the highway and intermodal formulas shall be submitted to the Joint Legislative Transportation Oversight Committee by January 1, 2014." Session Laws 2013-183, s. 6.2, as amended by Session Laws 2013-410, s. 38(i), provides: "State Transportation Improvement Program Transition Report. - The Department of Transportation shall submit transition reports to members of the Joint Legislative Transportation Oversight Committee, House of Representatives Appropriations Subcommittee on Transportation and the Senate Appropriations Committee on Department of Transportation, and the Fiscal Research Division on March 1, 2014, and November 1, 2014. The reports shall include information on the Department's transition to Strategic Prioritization, overview changes to the State Transportation Improvement Program (STIP) and other internal and external processes that feed into the STIP, and offer statutory and policy recommendations or items for consideration to the General Assembly that will enhance the prioritization process. The March 1, 2014, report shall also include an analysis of the distribution of tax and fee revenues between the Highway Fund and Highway Trust Fund and an analysis to determine if maintenance, construction, operations, administration, and capital expenditures are properly budgeted within the two funds and existing revenues are most effectively distributed between the two funds. The report shall also include recommendations to restructure maintenance operations and funding to improve efficiency, achieve greater cost effectiveness, and streamline operations to best apply limited resources to the State's maintenance needs." Session Laws 2016-90, s. 15, provides: "Notwithstanding any provision of law to the contrary, damages, right-of-way costs, and planning and design costs related to litigation concerning the adoption of a transportation corridor official map under Article 2E of Chapter 136 of the General Statutes shall be paid from the tier under Article 14B of Chapter 136 of the General Statutes in which the project covered by the transportation corridor official map was funded under or is programmed to be funded under. For projects covered by a transportation corridor official map that were not funded, or are not programmed to be funded, under Article 14B of Chapter 136 of the General Statutes, damages, right-of-way costs, and planning and design costs related to litigation concerning the adoption of the transportation corridor official map shall be paid from the regional allocation of funds under Article 14B of Chapter 136 of the General Statutes for the region covered by the transportation corridor official map." Session Laws 2016-94, s. 35.12(b), provides: "Light rail projects subject to the maximum amount set in subsection (e1) of G.S. 136-189.11 prior to its repeal under subsection (a) of this section are ineligible for scoring, reprioritization, and funding until the Prioritization 5.0 process established under Article 14B of Chapter 136 of the General Statutes. Nothing in this subsection shall be construed as requiring the programming of funds for light rail projects in the Prioritization 5.0 process." Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2018-97, s. 7.5(d)-(f), provides: "(d) Notwithstanding any provision of G.S. 136-189.10(3)g., as amended by subsection (c) of this section, to the contrary, State funding for the Durham-Orange Light Rail Project (Project)(STIP Number TE-5205) shall not exceed the sum of one hundred ninety million dollars ($190,000,000). "(e) Unless both of the following requirements are met, the Department of Transportation shall remove the Project from the current and any future State Transportation Improvement Program: "(1) All non-State and non-federal funding for the Project must be committed by April 30, 2019. Contractual agreements for private funds and proof of adequate tax revenue verifying that all non-State and non-federal funding for the project has been committed by April 30, 2019, must be provided to the Department. "(2) A written agreement is provided to the Department in accordance with G.S. 136-189.11(d1), as enacted by Section 34.7(a) of Senate Bill 99, 2017 Regular Session, and amended by subsection (a) of this section, by November 30, 2019, for the Project. "(f) Any funds resulting from a removal required under subsection (e) of this section shall be expended by the Department in accordance with the provisions of Article 14B of Chapter 136 of the General Statutes." Effect of Amendments. - Session Laws 2013-410, s. 38(a), effective August 23, 2013, added the last sentence in sub-subdivisions (2)f., (2)g., (3)d., and (3)e.; and substituted "Programmed funds" for "Expenditures" in sub-subdivision (2)g. Session Laws 2016-94, s. 35.12(c), (d), effective July 1, 2016, added the last sentence in subdivision (2)e and the last three sentences in subdivision (3)g. Session Laws 2018-97, s. 7.5(c), effective July 1, 2018, inserted "the lesser of ten percent (10%) of the distribution region allocation or" in the fourth sentence of subdivision (3)g.