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Attachment 6 of the Bicycle Safety Task Force Report 41 <br /> GENERAL ASSEMBLY OF NORTH CAROLINA <br /> SESSION 2015 <br /> SESSION LAW 2016-90 <br /> HOUSE BILL 959 <br /> AN ACT TO MAKE VARIOUS CHANGES TO THE TRANSPORTATION LAWS OF THE <br /> STATE, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION <br /> OVERSIGHT COMMITTEE. <br /> The General Assembly of North Carolina enacts: <br /> PART I. DIVISION OF HIGHWAYS <br /> SMALL TRANSPORTATION PROJECTS/LOCAL CONSULTATION <br /> SECTION 1. G.S. 136-11.1 reads as rewritten: <br /> "§ 136-11.1. Local consultation on transportation projects. <br /> Prior to any action of the Board on a transportation project, the Department shall inform all <br /> municipalities and counties affected by a planned transportation project and request each <br /> affected municipality or county to submit within 45 days a written resolution expressing their <br /> views on the project. A municipality or county may designate a Transportation Advisory <br /> Committee to submit its response to the Department's request for a resolution. Upon receipt of a <br /> written resolution from all affected municipalities and counties or their designees, or the <br /> expiration of the 45-day period, whichever occurs first, the Board may take action. The <br /> Department and the Board shall consider, but shall not be bound by, the views of the affected <br /> municipalities and counties on each transportation project. The failure of a county or <br /> municipality to express its views within the time provided shall not prevent the Department or <br /> the Board from taking action. The Department shall not be required to send notice under this <br /> section if it has already received a written resolution from the affected county or municipality <br /> on the planned transportation project. "Action of the Board", as used in this section, means <br /> approval by the Board of: the Transportation Improvement Program and amendments to the <br /> Transportation Improvement Program; the Secondary Roads Paving Program and amendments <br /> to the Secondary Roads Paving Program; and individual applications for access and public <br /> service road projects, contingency projects, small urban projects, and spot safety projects that <br /> exceed etwo hundred fifty thousand dollars ($150,000). ($250,000). The 45-day notification <br /> provision may be waived upon a finding by the Secretary of Transportation that emergency <br /> action is required. Such findings must be reported to the Joint Legislative Transportation <br /> Oversight Committee." <br /> BROADBAND AND FIBER OPTIC IN DOT RIGHT-OF-WAY/STUDY FEES <br /> SECTION 2.(a) G.S. 136-18(2)reads as rewritten: <br /> "§ 136-18. Powers of Department of Transportation. <br /> The said Department of Transportation is vested with the following powers: <br /> (2) Related to right-of-way: <br /> a. To take over and assume exclusive control for the benefit of the State <br /> of any existing county or township roads, and to roads. <br /> b. To locate and acquire rights-of-way for any new roads that may be <br /> necessary for a State highway system, and subject system. <br /> c. Subject to the provisions of G.S. 136-19.5(a) and (b) also (b), to use <br /> existing rights-of-way, or locate and acquire such additional <br /> rights of way rights-of-way, as may be necessary for the present or <br /> future relocation or initial location, above or below ground, of <br /> moo£ <br /> 11111111 1111 101 11 <br /> * H 9 5 9 - V - 6 * <br />