North Carolina § 136-44 - 6. Uniformly applicable formula for the allocation of funds for primary and secondary road maintenance.

§ 136-44. 6. Uniformly applicable formula for the allocation of funds for primary and secondary road maintenance.

The Department of Transportation, in consultation with its Division Engineers, shall develop biennially a uniformly applicable formula for the allocation of funds in the Highway Fund for maintenance on primary and secondary roads in each Highway Division. The formula shall take into consideration the number of paved and unpaved miles of state-maintained secondary roads in each Highway Division and such other factors as experience may dictate. In developing the allocation formula, the Department of Transportation shall allocate funding to Highway Divisions and create a plan of action to reallocate funds among Highway Divisions based upon expenditures of the first three quarters. Each Division Engineer shall have discretion in using funds allocated under this section to his or her Highway Division for maintenance activities. Allotments shall be made available to Highway Divisions on a quarterly basis, based upon the Spend Plan developed by the Department. The Department shall create a plan for reallocation to maximize use of funds with the fiscal year. This section shall not apply to projects to pave unpaved roads under G.S. 136-44.2D. History (1973, c. 507, s. 3; 1975, c. 716, s. 7; c. 753; 2013-183, s. 2.6(c); 2016-94, s. 35.24(c); 2020-91, s. 5.10.) Editor's Note. - The words "and improvement" have been added to the section heading at the direction of the Revisor of Statutes. However, the 2016 amendment removed this addition. Effect of Amendments. - Session Laws 2013-183, s. 2.6.(c), effective July 1, 2013, inserted "and improvement" in the first sentence, and added the last sentence. Session Laws 2016-94, s. 35.24(c), effective July 1, 2016, rewrote the section, which formerly read "The Department of Transportation shall develop a uniformly applicable formula for the allocation of secondary roads maintenance and improvement funds for use in each county. The formula shall take into consideration the number of paved and unpaved miles of state-maintained secondary roads in each county and such other factors as experience may dictate. This section shall not apply to projects to pave unpaved roads under G.S. 136-44.2D." Session Laws 2020-91, s. 5.10, effective July 1, 2020, in the first sentence, inserted "biennially" and deleted "from the Reserve for General Maintenance" following "of funds," and added the third and fifth sentences.