North Carolina 2023-2024 Session Status: In Committee 4 R cosponsors

SB 580 — DOT Legislative Changes.-AB

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

46 added · 47 removed

Plain-language change summary

In the latest version of Senate Bill 580, several changes were made to clarify funding limits and processes related to transportation projects. Notably, there is a focus on ensuring that certain construction practices promote better compatibility and synchronization across projects. Additionally, the Department of Transportation's guidelines were updated regarding the management of travel lanes and ferry access, potentially affecting how these services operate. These amendments are important as they aim to streamline operations and enhance infrastructure management in the state.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Apr 4, 2023 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 1 SENATE BILL 580 Short Title:
580 SESSION 2023 PRINCIPAL CLERK S D SENATE BILL DRS35210-BGf-4 Short Title:
A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO TRANSPORTATION LAWS, AS RECOMMENDED BY THE DEPARTMENT OF TRANSPORTATION.
Rules and Operations of the Senate April 5, 2023 A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO TRANSPORTATION LAWS, AS RECOMMENDED BY THE DEPARTMENT OF TRANSPORTATION.
§§ 5121– 5207)that amajordisasterexists in theState.TheSecretaryofTransportationshall ensure all funds in the Emergency Reserve are accessed and used pursuant to this section, and in a manner that ensures to the extent practicable that the funds are eligible for federal reimbursement or cost sharing with the federal funds.section for unreimbursed expenditures arising from an emergency.
§§ 5121– 5207)that amajordisasterexistsin theState.TheSecretaryofTransportation shall ensure all funds in the Emergency Reserve are accessed and used pursuant to this section, and in a manner that ensures to the extent practicable that the funds are eligible for federal reimbursement or cost sharing with the federal funds.section for unreimbursed expenditures arising from an emergency.
– The total funds in the Emergency Reserve shall not exceed the sum of one hundred twenty-five million dollars ($125,000,000).
– The total funds in the EmergencyReserve shall not exceed the sum of one hundred twenty-five million dollars ($125,000,000).
The report shall contain the results of an evaluation of the Emergency Reserve, based on a methodology developed jointly by the Office of State Budget *DRS35210-BGf-4* General Assembly Of North Carolina Session 2023 and Management and the Department of Transportation, to determine the minimum amount of funds needed in the Emergency Reserve.
The report shall contain the results of an evaluation of the Emergency Reserve, based on a methodology developed jointly by the Office of State Budget *S580-v-1* General Assembly Of North Carolina Session 2023 and Management and the Department of Transportation, to determine the minimum amount of funds needed in the Emergency Reserve.
Page 2 DRS35210-BGf-4 General Assembly Of North Carolina Session 2023 2 INCREASEPROJECTCAPFORPROJECTDELIVERYMETHODPILOTPROGRAM SECTION 3.
Page 2 Senate Bill 580-First Edition General Assembly Of North Carolina Session 2023 2 INCREASEPROJECTCAPFORPROJECTDELIVERYMETHODPILOTPROGRAM SECTION 3.
The Department may only award a contract under this section if (i) the cost of the project is determined by the Department to be less than five hundred million dollars ($500,000,000), (ii) the Department determines that it is in thepublic interest to usethe construction manager-general contractorbasis for the project, (iii) the Department prequalifies the contractor that will be awarded the contract, (iv) the Department complies with the pre-award reporting requirement set forth in subsection (c)ofthissection,and(v)theDepartmenthasestablishedandimplementedguidelinesasrequired under subsection (d) of this section." REPEAL TRAFFIC IMPACT ANALYSIS REPORT TO JLTOC SECTION 4.
The Department may only award a contract under this section if (i) the cost of the project is determined by the Department to be less than five hundred million dollars ($500,000,000), (ii) the Department determines that it is in thepublicinterest to usethe construction manager-general contractorbasis for the project, (iii) the Department prequalifies the contractor that will be awarded the contract, (iv) the Department complies with the pre-award reporting requirement set forth in subsection (c)ofthissection,and(v)theDepartmenthasestablishedandimplementedguidelinesasrequired under subsection (d) of this section." REPEAL TRAFFIC IMPACT ANALYSIS REPORT TO JLTOC SECTION 4.
"(n) TheDepartmentofTransportationmayspecifyabrandnameorspecificmanufacturer of construction materials in order to promote system compatibility or synchronization;
"(n) TheDepartmentofTransportationmayspecifyabrandnameorspecificmanufacturer of construction materials in order to promote system compatibilityor synchronization;
(a) A copy of the cover sheet and plan and profile sheets of the final right-of-way plans for all Department of Transportation projects, on those projects for which plans are prepared, underwhich right-of-way orotherinterest in real propertyis acquiredor access is controlledshall be certified by the Department of Transportation to the register of deeds of the county or counties within which the project is located.
(a) A copy of the cover sheet and plan and profile sheets of the final right-of-way plans for all Department of Transportation projects, on those projects for which plans are prepared, underwhich right-of-wayorotherinterest in real propertyis acquiredor access is controlledshall be certified bythe Department of Transportation to the register of deeds of the countyor counties within which the project is located.
… (d) If after the approval of said final right-of-way plans the Board of Transportation shall by resolution alter or amend said right-of-way or control of access, the Department of Transportation, within two weeks from the adoption by the Board of Transportation of said alteration or amendment, shall certify to the register of deeds in the county or counties within which the project is located a copy of the amended plan and profile sheets approved by the Board of Transportation and the register of deeds shall remove the original plan sheets and record the amended plan sheets in lieu thereof.
… (d) If after the approval of said final right-of-way plans the Board of Transportation shall by resolution alter or amend said right-of-way or control of access, the Department of Transportation, within two weeks from the adoption by the Board of Transportation of said alteration or amendment, shall certify to the register of deeds in the county or counties within which the project is located a copyof the amended plan and profile sheets approved by the Board of Transportation and the register of deeds shall remove the original plan sheets and record the amended plan sheets in lieu thereof.
161-10." DRS35210-BGf-4 Page 3 General Assembly Of North Carolina Session 2023 REVISION TO BRIDGE PROGRAM OUTSOURCING SECTION 8.
161-10." Senate Bill 580-First Edition Page 3 General Assembly Of North Carolina Session 2023 REVISION TO BRIDGE PROGRAM OUTSOURCING SECTION 8.
"(c) Outsourcing.–Exceptforthefollowingactivities,allprojectsfundedunderthebridge program established under subsection (a) of this section shall be outsourced to private contractors:
"(c) Outsourcing.
–Exceptforthefollowingactivities,allprojectsfundedunderthebridge program established under subsection (a) of this section shall be outsourced to private contractors:
136-89.183 to perform or procure services required by the Authority, the Authority may contract with one or more providers to perform part or all of the collection functions and may enter into agreements to exchange information, including confidential information under subsection (a1) of this section, that identifies motor vehicles and their owners with one or more of the following entities:
136-89.183 to perform or procure services required bythe Authority, the Authoritymaycontract with one or more providers to perform part or all of the collection functions and may enter into agreements to exchange information, including confidential information under subsection (a1) of this section, that identifies motor vehicles and their owners with one or more of the following entities:
Further, the Authority may assign its authority to fix, revise, charge, retain, enforce, and collect tolls and fees under this Article to a private entity that has entered into a partnership agreement with the Authority pursuant to G.S.
Further, the Authoritymay assign its authority to fix, revise, charge, retain, enforce, and collect tolls and fees under this Article to a private entity that has entered into a partnership agreement with the Authority pursuant to G.S.
…." Page 4 DRS35210-BGf-4 General Assembly Of North Carolina Session 2023 2 ADD VIN NUMBER TO UNPAID TOLL BILL AND AUTHORIZE ELECTRONIC INFORMATION COLLECTION FOR OWNER VERIFICATION SECTION 12.(a) G.S.
…." Page 4 Senate Bill 580-First Edition General Assembly Of North Carolina Session 2023 2 ADD VIN NUMBER TO UNPAID TOLL BILL AND AUTHORIZE ELECTRONIC INFORMATION COLLECTION FOR OWNER VERIFICATION SECTION 12.(a) G.S.
– The Department of Transportation may designate one or more travel lanes as high occupancy vehicle (HOV) lanes on streets and highways on the State Highway System and citiesmay designate one or more travel lanes as high occupancy vehicle (HOV) lanes on streets on the Municipal Street System.
– The Department of Transportation may designate one or more travel lanes as high occupancy vehicle (HOV) lanes on streets and highways on the State Highway System and cities maydesignate one or more travel lanes as high occupancy vehicle (HOV) lanes on streets on the Municipal Street System.
As used in this subdivision, the term "emergency vehicle" means any law enforcement, fire, police, or other government DRS35210-BGf-4 Page 5 General Assembly Of North Carolina Session 2023 vehicle, and any public and privately owned ambulance or emergency service vehicle, when responding to an emergency.
As used in this subdivision, the term "emergency vehicle" means any law enforcement, fire, police, or other government Senate Bill 580-First Edition Page 5 General Assembly Of North Carolina Session 2023 vehicle, and any public and privately owned ambulance or emergency service vehicle, when responding to an emergency.
Except as authorized under this subsection, the Department of Transportation shall not provide priority boarding to a ferry vessel to any vehicle providing commercial goods and services.
Except as authorized under this subsection, the Department of Transportation shall not provide priorityboarding to a ferryvessel to any vehicle providing commercial goods and services.
and 4:00 P.M., and for ferry vessels departing Ocracoke, priority boarding shall not be authorized except between 4:00 P.M.
and 4:00 P.M., and for ferry vessels departing Ocracoke, priorityboarding shall not be authorized except between 4:00 P.M.
(2) No more than 10 vehicles may priority board a ferry per one-way trip as authorized under subdivision (1) of this subsection." Page 6 DRS35210-BGf-4 General Assembly Of North Carolina Session 2023 SECTION 16.(b) This section becomes effective July 1, 2023, and applies to applications for priority passes submitted on or after that date.
(2) No more than 10 vehicles may priority board a ferry per one-way trip as authorized under subdivision (1) of this subsection." Page 6 Senate Bill 580-First Edition General Assembly Of North Carolina Session 2023 SECTION 16.(b) This section becomes effective July 1, 2023, and applies to applications for priority passes submitted on or after that date.
The Department shall also have the authority to preserve railroad corridors for future railroad use and interim compatibleuses and may leasesuch corridorsfor interim compatibleuses.
The Department shall also have the authority to preserve railroad corridors for future railroad use and interim compatibleuses and mayleasesuch corridorsfor interim compatibleuses.
2022-74 is amended by adding a new section to read:
2022-74 is amended byadding a new section to read:
DRS35210-BGf-4 Page 7 General Assembly Of North Carolina Session 2023 "§ 136-133.1.
Senate Bill 580-First Edition Page 7 General Assembly Of North Carolina Session 2023 "§ 136-133.1.
(2) Notwithstandingsubdivision (1)ofthis subsection,thesign ownerordesignee may also cut vegetation within any area on the State right-of-way located between viewing zones of two sign faces, or otherwise within any area measured perpendicular from any point on the sign structure to the edge of the Page 8 DRS35210-BGf-4 General Assembly Of North Carolina Session 2023 pavement of the main traveled way, by paying a fee of one hundred dollars ($100.00) per caliper inch to the Department of Transportation.
(2) Notwithstandingsubdivision(1)ofthis subsection,thesignownerordesignee may also cut vegetation within any area on the State right-of-way located between viewing zones of two sign faces, or otherwise within any area measured perpendicular from anypoint on the sign structure to the edge of the Page 8 Senate Bill 580-First Edition General Assembly Of North Carolina Session 2023 pavement of the main traveled way, by paying a fee of one hundred dollars ($100.00) per caliper inch to the Department of Transportation.
(b) Notwithstandingthetwo-yearperiodrequiredinsubsection(a)ofthissection,permits to remove vegetation may be granted for outdoor advertising locations where outdoor advertising has been relocated pursuant to G.S.
(b) Notwithstandingthetwo-yearperiodrequiredinsubsection(a)ofthissection,permits to remove vegetation maybe granted for outdoor advertising locations where outdoor advertising has been relocated pursuant to G.S.
DRS35210-BGf-4 Page 9 General Assembly Of North Carolina Session 2023 (c) A new site for relocation shall not be denied by the Department of Transportation due tothepresenceofvegetationobstructingthevisibilityoftheoutdooradvertisingfromtheviewing zone.
Senate Bill 580-First Edition Page 9 General Assembly Of North Carolina Session 2023 (c) A new site for relocation shall not be denied bythe Department of Transportation due tothepresenceofvegetationobstructingthevisibilityoftheoutdooradvertisingfromtheviewing zone.
Notwithstanding any law to the contrary, the owner or operator of the outdoor advertising sign shall bepermitted to improvethevisibilityofthesign byremovingany vegetation onprivate property upon receiving written consent of the landowner." SECTION 21.(c) This section becomes effective July 1, 2023, and applies to applications for selective vegetation removal permits submitted on or after that date.
Notwithstanding any law to the contrary, the owner or operator of the outdoor advertising sign shall bepermitted to improvethevisibilityofthesign byremovinganyvegetation onprivate property upon receiving written consent of the landowner." SECTION 21.(c) This section becomes effective July 1, 2023, and applies to applications for selective vegetation removal permits submitted on or after that date.
provided that (i)theuseofthelandorright-of-wayis temporaryinnature,(ii)theautomaticlicenseplatereader system is above ground, removeable, and contains no combustible fuel, (iii) the placement and use does not unreasonably interfere with the operation and maintenance of public utility facilities or cause the facilities to fail to comply with all applicable laws, codes, and regulatory requirements, (iv) the authorization to locate the automatic license plate reader system within the right-of-way is revocable by the Department for cause with at least 30 days' notice, (v) the use of the automatic license plate reader system complies with provisions of Article 8A of Chapter 87 of the General Statutes, and (vi) the automatic license plate reader system is operated in accordance with Article 3D of Chapter 20 of the General Statutes.
provided that (i)theuseofthelandorright-of-wayis temporaryinnature,(ii)theautomaticlicenseplatereader system is above ground, removeable, and contains no combustible fuel, (iii) the placement and use does not unreasonably interfere with the operation and maintenance of public utilityfacilities or cause the facilities to fail to comply with all applicable laws, codes, and regulatory requirements, (iv) the authorization to locate the automatic license plate reader system within the right-of-way is revocable by the Department for cause with at least 30 days' notice, (v) the use of the automatic license plate reader system complies with provisions of Article 8A of Chapter 87 of the General Statutes, and (vi) the automatic license plate reader system is operated in accordance with Article 3D of Chapter 20 of the General Statutes.
The Department or a public utility may relocate an automatic license plate reader system and related equipment in the event that the Department or public utility needs immediateaccess to its utilities or facilities and shall only be liable for damages to the automatic license plate reader system and related equipment caused solely by its gross negligence or willful misconduct.
The Department or a public utility may relocate an automatic license plate reader system and related equipment in the event that the Department or public utilityneeds immediate access to its utilities or facilities and shall only be liable for damages to the automatic license plate reader system and related equipment caused solely by its gross negligence or willful misconduct.
For purposes ofthis subsection, the term "publicutility" means anyofthefollowing:
For purposes ofthis subsection, the term "publicutility" means anyof thefollowing:
SECTION 22.(b) No later than March 1, 2024, the North Carolina State Bureau of Investigation shall submit a report to the Joint Legislative Oversight Committee on Justice and PublicSafety and theJoint LegislativeTransportationOversight Committeeon automaticlicense plate reader systems placed on rights-of-way owned or maintained by the Department of Transportation.
SECTION 22.(b) No later than March 1, 2024, the North Carolina State Bureau of Investigation shall submit a report to the Joint Legislative Oversight Committee on Justice and PublicSafetyand theJoint LegislativeTransportationOversight Committeeon automaticlicense plate reader systems placed on rights-of-way owned or maintained by the Department of Transportation.
– A system of one or more mobile or fixed automated high speed cameras used in combination with computer Page 10 DRS35210-BGf-4 General Assembly Of North Carolina Session 2023 algorithms to convert images of license plates into computer readable data.
– A system of one or more mobile or fixed automated high speed cameras used in combination with computer Page 10 Senate Bill 580-First Edition General Assembly Of North Carolina Session 2023 algorithms to convert images of license plates into computer readable data.
Captured plate data shall not be sold for any purpose." SECTION 22.(g) This section becomes effective July 1, 2023.
Captured plate data shall not be sold for any purpose." SECTION 22.(g) This section becomes effective July1, 2023.
Subsection (a) of this section expires June 1, 2024, and any agreement entered into under the pilot program established in that section shall terminate no later than that date.
Subsection (a) of this section expires June 1, 2024, and anyagreement entered into under the pilot program established in that section shall terminate no later than that date.
DRS35210-BGf-4 Page 11 General Assembly Of North Carolina Session 2023 "(b) For purposes of this section, "an agency authorized to implement and enforce State and federal environmental laws" means any of the following:
Senate Bill 580-First Edition Page 11 General Assembly Of North Carolina Session 2023 "(b) For purposes of this section, "an agency authorized to implement and enforce State and federal environmental laws" means any of the following:
– Attheendofeach quarter, month, theSecretarymust transfer to the Funds listed below a percentage of the net proceeds of the tax collected under this Article at theState's general rate oftaxset in G.S.
– Attheendofeach quarter, month, theSecretarymust transfer to the Funds listed below a percentage of the net proceeds of the tax collected under this Article at theState's general rate oftax set in G.S.
"(q) Monthly Financial StatementReport.
"(q) MonthlyFinancial StatementReport.
Page 12 DRS35210-BGf-4
Page 12 Senate Bill 580-First Edition
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How this bill changes current law

8 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill expands the uses of the Transportation Emergency Reserve and makes several administrative changes to transportation law.

  • G.S. 136-44.2E

    for expenses related to an emergency. → for expenses related to an emergency. an unreimbursed expenditure arising from an emergency.

    The definition of 'emergency' funding now includes unreimbursed expenditures.

  • G.S. 136-44.2E

    and in a manner that ensures to the extent practicable that the funds are eligible for federal reimbursement or cost sharing with the federal funds. → section for unreimbursed expenditures arising from an emergency. Funds in the Emergency Reserve may be used for a past or present emergency.

    Funds can now be used for past emergencies, not just current ones.

  • G.S. 136-93.1A

    the Department shall submit a report summarizing expenditures from the Emergency Reserve to the House of Representatives Appropriations Committee on Transportation, the Senate Appropriations Committee on the Department of Transportation, the chairs of the House and Senate Transportation Committees, and the Fiscal Research Division. → The report shall contain the results of an evaluation of the Emergency Reserve, based on a methodology developed jointly by the Office of State Budget and Management and the Department of Transportation, to determine the minimum amount of funds needed in the Emergency Reserve.

    The evaluation process for the Emergency Reserve is now emphasized in the reporting requirements.

  • G.S. 136-93.1A(g)

    Repealed.

    The requirement for a reporting of traffic impact analysis to the Joint Legislative Transportation Oversight Committee is eliminated.

  • G.S. 143C-6-11(m)

    Repealed.

    A cash balance target amount report requirement is eliminated.

  • G.S. 136-28.1

    (n) The Department of Transportation may specify a brand name or specific manufacturer of construction materials in order to promote system compatibility or synchronization; long-term maintenance savings or efficiencies; research, testing, or experimental projects; product evaluation; or when it is impossible or impractical to specify the required performance and design characteristics for such materials when required for replacement or repair of an existing asset.

    The Department can now specify brands for construction materials to ensure compatibility and cost efficiency.

  • G.S. 136-19.4

    the Department shall certify said plan sheets to the register of deeds within two weeks from their formal approval by the Board of Transportation. → The Department shall certify said plan sheets to the register of deeds within two weeks from their formal approval by the Board of Transportation.

    The timeframe for certifying right-of-way plans is formalized.

  • G.S. 136-76.2(c)

    all projects funded under the bridge program established under subsection (a) of this section shall be outsourced to private contractors: → Except for the following activities, all projects funded under the bridge program established under subsection (a) of this section shall be outsourced to private contractors:

    Clarifies which activities are excluded from outsourcing under the bridge program.

Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 3 co-sponsors · 174 not signed on

Sponsors (2)

Co-sponsors (3)

Not signed on (174)

174 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation environment transportation technology
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Frequently asked questions

Who sponsors SB 580?
SB 580 is sponsored by Tom McInnis (Republican), Vickie Sawyer (Republican), Michael A. Lazzara (Republican), Bobby Hanig (Republican), and Woodard.
What is the current status of SB 580?
This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 580?
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