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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 SESSION LAW 2016-90 HOUSE BILL 959 *H959-v-6* AN ACT TO MAKE VARIOUS CHANGES TO THE TRANSPORTATION LAWS OF THE STATE, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE. The General Assembly of North Carolina enacts: PART I. DIVISION OF HIGHWAYS SMALL TRANSPORTATION PROJECTS/LOCAL CONSULTATION SECTION 1. G.S. 136-11.1 reads as rewritten: "§ 136-11.1. Local consultation on transportation projects. Prior to any action of the Board on a transportation project, the Department shall inform all municipalities and counties affected by a planned transportation project and request each affected municipality or county to submit within 45 days a written resolution expressing their views on the project. A municipality or county may designate a Transportation Advisory Committee to submit its response to the Department's request for a resolution. Upon receipt of a written resolution from all affected municipalities and counties or their designees, or the expiration of the 45-day period, whichever occurs first, the Board may take action. The Department and the Board shall consider, but shall not be bound by, the views of the affected municipalities and counties on each transportation project. The failure of a county or municipality to express its views within the time provided shall not prevent the Department or the Board from taking action. The Department shall not be required to send notice under this section if it has already received a written resolution from the affected county or municipality on the planned transportation project. "Action of the Board", as used in this section, means approval by the Board of: the Transportation Improvement Program and amendments to the Transportation Improvement Program; the Secondary Roads Paving Program and amendments to the Secondary Roads Paving Program; and individual applications for access and public service road projects, contingency projects, small urban projects, and spot safety projects that exceed one two hundred fifty thousand dollars ($150,000). ($250,000). The 45-day notification provision may be waived upon a finding by the Secretary of Transportation that emergency action is required. Such findings must be reported to the Joint Legislative Transportation Oversight Committee." BROADBAND AND FIBER OPTIC IN DOT RIGHT-OF-WAY/STUDY FEES SECTION 2.(a) G.S. 136-18(2) reads as rewritten: "§ 136-18. Powers of Department of Transportation. The said Department of Transportation is vested with the following powers: ... (2) Related to right-of-way: a. To take over and assume exclusive control for the benefit of the State of any existing county or township roads, and to roads. b. To locate and acquire rights-of-way for any new roads that may be necessary for a State highway system, and subject system. c. Subject to the provisions of G.S. 136-19.5(a) and (b) also (b), to use existing rights-of-way, or locate and acquire such additional rights-of-way rights-of-way, as may be necessary for the present or future relocation or initial location, above or below ground, of telephone, of: 51