North Carolina § 136-44 - 2D. Secondary unpaved road paving program.

§ 136-44. 2D. Secondary unpaved road paving program.

The Department of Transportation shall expend fifty percent (50%) of the funds allocated to the paving of unpaved secondary roads for the paving of unpaved secondary roads based on a statewide prioritization. The Department shall expend the remainder of the funds equally among the 14 Highway Divisions for the paving of unpaved secondary roads within each Highway Division based on the same statewide prioritization. The Department shall pave the eligible unpaved secondary roads that receive the highest priority ranking within this statewide prioritization. Nothing in this subsection shall be interpreted to require the Department to pave any unpaved secondary roads that do not meet secondary road system addition standards as set forth in G.S. 136-44.10 and G.S. 136-102.6. The Highway Trust Fund shall not be used to fund the paving of unpaved secondary roads. History (2013-183, s. 2.5; 2016-94, s. 35.7(a).) Editor's Note. - This section, as enacted by Session Laws 2013-183, s. 2.5, had a subsection "(a)" designation. The designation has been removed at the direction of the Revisor of Statutes. Session Laws 2013-183, s. 2.6(d), provided: "Secondary Road Funding. - The sum of fifteen million dollars ($15,000,000) in nonrecurring funds for the 2013-2014 fiscal year is allocated from the Highway Fund for the secondary road construction program under G.S. 136-44.2A, as enacted by Section 2.3 of this act, and the sum of twelve million dollars ($12,000,000) in recurring funds for the 2013-2014 fiscal year is allocated from the Highway Fund for the paving of unpaved roads pursuant to G.S. 136-44.2D, as enacted by Section 2.5 of this act." Session Laws 2013-183, s. 7.1(b), provided: "This act is effective only if the General Assembly appropriates funds in the Current Operations and Capital Improvements Appropriations Act of 2013 to implement this act." Session Laws 2013-360, s. 34.30, effective July 1, 2013, repealed Session Laws 2013-183, s. 7.1(b). Session Laws 2016-94, s. 35.7(b), made the amendment to this section by Session Laws 2016-94, s. 35.7(a), effective July 1, 2016, and applicable to funds allocated on or after that date. 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. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2016-94, s. 35.7(a), effective July 1, 2016, in the section, inserted "fifty percent (50%) of the" in the first sentence and added the second sentence. For applicability, see Editor's note.