There Is a Newer Version of the North Carolina General Statutes

2005 North Carolina Code - General Statutes Article 14 - North Carolina Highway Trust Fund.

Article 14.

North Carolina Highway Trust Fund.

§ 136‑175.� Definitions.

The following definitions apply in this Article:

(1)�� Intrastate System. The network of major, multilane arterial highways composed of those routes, segments, or corridors listed in G.S. 136‑178, and any other route added by the Department of Transportation under G.S. 136‑178.

(2)�� Transportation Improvement Program. The schedule of major transportation improvement projects required by G.S. 143B‑350(f)(4).

(3)�� Trust Fund. The North Carolina Highway Trust Fund. (1989, c. 692, s. 1.1; 2004‑124, s. 30.21(a).)

§ 136‑176.� (For contingent repeal see editor's note) Creation, revenue sources, and purpose of North Carolina Highway Trust Fund.

(a)�� A special account, designated the North Carolina Highway Trust Fund, is created within the State treasury. The Trust Fund consists of the following revenue:

(1)�� Motor fuel, alternative fuel, and road tax revenue deposited in the Fund under G.S. 105‑449.125, 105‑449.134, and 105‑449.43, respectively.

(2)�� Motor vehicle use tax deposited in the Fund under G.S. 105‑187.9.

(3)�� Revenue from the certificate of title fee and other fees payable under G.S. 20‑85.

(4)�� Repealed by Session Laws 2001‑424, s. 27.1.

(5)�� Interest and income earned by the Fund.

(a1)�� The Department shall use two hundred twenty million dollars ($220,000,000) in fiscal year 2001‑2002, two hundred twelve million dollars ($212,000,000) in fiscal year 2002‑2003, and two hundred fifty‑five million dollars ($255,000,000) in fiscal year 2003‑2004 of the cash balance of the Highway Trust Fund for the following purposes:

(1)�� For primary route pavement preservation. � One hundred seventy million dollars ($170,000,000) in fiscal year 2001‑2002, and one hundred fifty million dollars ($150,000,000) in each of the fiscal years 2002‑2003 and 2003‑2004. Up to ten percent (10%) of the amount for each of the fiscal years 2001‑2002, 2002‑2003, and 2003‑2004 is available in that fiscal year, at the discretion of the Secretary of Transportation, for:

a.�� Highway improvement projects that further economic growth and development in small urban and rural areas, that are in the Transportation Improvement Program, and that are individually approved by the Board of Transportation; or

b.�� Highway improvements that further economic development in the State and that are individually approved by the Board of Transportation.

(2)�� For preliminary engineering costs not included in the current year Transportation Improvement Program. � Fifteen million dollars ($15,000,000) in each of the fiscal years 2001‑2002, 2002‑2003, and 2003‑2004.

(3)�� For computerized traffic signal systems and signal optimization projects. � Fifteen million dollars ($15,000,000) in each of the fiscal years 2001‑2002, 2002‑2003, and 2003‑2004.

(4)�� For public transportation twenty million dollars ($20,000,000) in fiscal year 2001‑2002, twenty‑five million dollars ($25,000,000) in fiscal year 2002‑2003, and seventy‑five million dollars ($75,000,000) in fiscal year 2003‑2004.

(5)�� For small urban construction projects. � Seven million dollars ($7,000,000) in fiscal year 2002‑2003.

Funds authorized for use by the Department pursuant to this subsection shall remain available to the Department until expended.

(a2)�� Repealed by Session Laws 2002‑126, s. 26.4(b), effective July 1, 2002.

(a3)�� The Department may obligate three hundred million dollars ($300,000,000) in fiscal year 2003‑2004 and four hundred million dollars ($400,000,000) in fiscal year 2004‑2005 of the cash balance of the Highway Trust Fund for the following purposes:

(1)�� Six hundred thirty million dollars ($630,000,000) for highway system preservation, modernization, and maintenance, including projects to enhance safety, reduce congestion, improve traffic flow, reduce accidents, upgrade pavement widths and shoulders, extend pavement life, improve pavement smoothness, and rehabilitate or replace deficient bridges; and for economic development transportation projects recommended by local officials and approved by the Board of Transportation.

(2)�� Seventy million dollars ($70,000,000) for regional public transit systems, rural and urban public transportation system facilities, regional transportation and air quality initiatives, rail system track improvements and equipment, and other ferry, bicycle, and pedestrian improvements. For any project or program listed in this subdivision for which the Department receives federal funds, use of funds pursuant to this subdivision shall be limited to matching those funds.

Funds authorized for obligation and use by the Department pursuant to this subsection shall remain available to the Department until expended.

(a4)�� Project selection pursuant to subsection (a3) of this section shall be based on identified and documented need. Funds expended pursuant to subdivision (1) of subsection (a3) of this section shall be distributed in accordance with the distribution formula in G.S. 136‑17.2A. No funds shall be expended pursuant to subsection (a3)(1) of this section on any project that does not meet Department of Transportation standards for road design, materials, construction, and traffic flow.

(a5)�� The Department shall report to the Joint Legislative Transportation Oversight Committee, on or before September 1, 2003, on its intended use of funds pursuant to subsection (a3) of this section. The Department shall report to the Joint Transportation Appropriations Subcommittee, on or before May 1, 2004, on its actual current and intended future use of funds pursuant to subsection (a3) of this section. The Department shall certify to the Joint Legislative Transportation Oversight Committee each year, on or before November 1, that use of the Highway Trust Fund cash balances for the purposes listed in subsection (a3) of this section will not adversely affect the delivery schedule of any Highway Trust Fund projects. If the Department cannot certify that the full amounts authorized in subsection (a3) of this section are available, then the Department may determine the amount that can be used without adversely affecting the delivery schedule and may proportionately apply that amount to the purposes set forth in subsection (a3) of this section.

(b)�� Funds in the Trust Fund are annually appropriated to the Department of Transportation to be allocated and used as provided in this subsection. A sum, not to exceed four percent (4%) of the amount of revenue deposited in the Trust Fund under subdivisions (a)(1), (2), and (3) of this section for the 2003‑2004 fiscal year and three and eight‑tenths percent (3.8%) thereafter, may be used each fiscal year by the Department for expenses to administer the Trust Fund. Operation and project development costs of the North Carolina Turnpike Authority are eligible administrative expenses under this subsection. Any funds allocated to the Authority pursuant to this subsection shall be repaid by the Authority from its toll revenue as soon as possible, subject to any restrictions included in the agreements entered into by the Authority in connection with the issuance of the Authority's revenue bonds. Beginning one year after the Authority begins collecting tolls on a completed Turnpike Project, interest shall accrue on any unpaid balance owed to the Highway Trust Fund at a rate equal to the State Treasurer's average annual yield on its investment of Highway Trust Fund funds pursuant to G.S. 147‑6.1. Interest earned on the unpaid balance shall be deposited in the Highway Trust Fund upon repayment. The sum up to the amount anticipated to be necessary to meet the State matching funds requirements to receive federal‑aid highway trust funds for the next fiscal year may be set aside for that purpose. The rest of the funds in the Trust Fund shall be allocated and used as follows:

(1)�� Sixty‑one and ninety‑five hundredths percent (61.95%) to plan, design, and construct projects on segments or corridors of the Intrastate System as described in G.S. 136‑178 and to pay debt service on highway bonds and notes that are issued under the State Highway Bond Act of 1996 and whose proceeds are applied to these projects.

(2)�� Twenty‑five and five hundredths percent (25.05%) to plan, design, and construct the urban loops described in G.S. 136‑180 and to pay debt service on highway bonds and notes that are issued under the State Highway Bond Act of 1996 and whose proceeds are applied to these urban loops.

(3)�� Six and one‑half percent (6.5%) to supplement the appropriation to cities for city streets under G.S. 136‑181.

(4)�� Six and one‑half percent (6.5%) for secondary road construction as provided in G.S. 136‑182 and to pay debt service on highway bonds and notes that are issued under the State Highway Bond Act of 1996 and whose proceeds are applied to secondary road construction.

The Department must administer funds allocated under subdivisions (1), (2), and (4) of this subsection in a manner that ensures that sufficient funds are available to make the debt service payments on bonds issued under the State Highway Bond Act of 1996 as they become due.

(b1)�� The Secretary may authorize the transfer of funds allocated under subdivisions (1) through (4) of subsection (b) of this section to other projects that are ready to be let and were to be funded from allocations to those subdivisions. The Secretary shall ensure that any funds transferred pursuant to this subsection are repaid promptly and in any event in no more than four years. The Secretary shall certify, prior to making any transfer pursuant to this subsection, that the transfer will not affect the delivery schedule of Highway Trust Fund projects in the current Transportation Improvement Program. No transfers shall be allowed that do not conform to the applicable provisions of the equity formula for distribution of funds, G.S. 136‑17.2A. If the Secretary authorizes a transfer pursuant to this subsection, the Secretary shall report that decision to the next regularly scheduled meetings of the Joint Legislative Commission on Governmental Operations, the Joint Legislative Transportation Oversight Committee, and to the Fiscal Research Division.

(c)�� If funds are received under 23 U.S.C. Chapter 1, Federal‑Aid Highways, for a project for which funds in the Trust Fund may be used, the amount of federal funds received plus the amount of any funds from the Highway Fund that were used to match the federal funds may be transferred by the Secretary of Transportation from the Trust Fund to the Highway Fund and used for projects in the Transportation Improvement Program.

(d)�� A contract may be let for projects funded from the Trust Fund in anticipation of revenues pursuant to the cash‑flow provisions of G.S. 143‑28.1 only for the two bienniums following the year in which the contract is let. (1989, c. 692, s. 1.1; c. 770, ss. 68.2, 74.6; 1989 (Reg. Sess., 1990), c. 1024, s. 46(a), (b); 1991, c. 193, s. 9; c. 280, s. 1; c. 689, s. 62; 1995, c. 390, s. 27; 1995 (Reg. Sess., 1996), c. 590, s. 6; 1996, 2nd Ex. Sess., c. 18, s. 19.4(a); 1998‑212, s. 27.2; 1999‑237, s. 27.1; 2000‑140, s. 31; 2001‑424, ss. 27.1, 27.23(d), 27.23(e), 27.23(f); 2002‑126, ss. 26.4(a), 26.4(b), 26.9(b); 2002‑133, s. 3; 2002‑159, s. 41.5; 2003‑284, ss. 29.4, 29.22; 2003‑383, ss. 1, 2, 3; 2004‑124, ss. 30.3(a), 30.3(b), 30.21(b).)

§ 136‑177.� (For contingent repeal see editor's note) Limitation on funds obligated from Trust Fund.

In a fiscal year, the Department of Transportation may not obligate more Trust Fund revenue, other than revenue allocated for city streets under G.S. 136‑176(b)(3) or secondary roads under G.S. 136‑176(b)(4) and G.S. 20‑85(b), to construct or improve highways than the amount indicated in the following table:

Fiscal Year�� Maximum Expenditure

1989‑90�� $200,000,000

1990‑91�� 250,000,000

1991‑92�� 300,000,000

1992‑93�� 400,000,000

1993‑94�� 500,000,000

1994‑95 and following years�� Unlimited

The amount of revenue credited to the Trust Fund in a fiscal year under G.S. 136‑176(a) that exceeds the maximum allowable expenditure set in the table above may be used only for preliminary planning and design and the acquisition of rights‑of‑way for scheduled highways and highway improvements to be funded from the Trust Fund. (1989, c. 692, s. 1.1.)

§ 136‑177.1.� (For contingent repeal see editor's note) Requirement to use federal funds for Intrastate System projects and urban loops.

For fiscal years 1996‑97 through 2010‑11, the Department of Transportation must use ten million dollars ($10,000,000) of the funds it receives each year under 23 U.S.C. Chapter 1, Federal‑Aid Highways, to construct the Intrastate System projects described in G.S. 136‑179. For fiscal years 1996‑97 through 2011‑12, the Department of Transportation must use ten million dollars ($10,000,000) of the funds it receives each year under 23 U.S.C. Chapter 1, Federal‑Aid Highways, to construct the urban loops described in G.S. 136‑180. G.S. 136‑176(c) does not apply to federal funds required to be used under this section for Intrastate System projects or urban loops, nor does it apply to any funds from the Highway Fund that were used to match these federal funds. (1995 (Reg. Sess., 1996), c. 590, s. 15.)

§ 136‑178.� Purpose and description of Intrastate System.

(a)�� The Intrastate System is established to provide high‑speed, safe travel service throughout the State. It connects major population centers both inside and outside the State and provides safe, convenient, through‑travel for motorists. It is designed to support statewide growth and development objectives and to connect to major highways of adjoining states. All segments of the routes in the Intrastate System shall have at least four travel lanes except those for which projected traffic volumes and environmental considerations dictate fewer lanes. When warranted, segments of the Intrastate System shall have vertical separation or interchanges at crossings, more than four travel lanes, or bypasses. Access to a route in the Intrastate System is determined by travel service and economic considerations.

Funds allocated from the Trust Fund for the Intrastate System are primarily intended to be used to complete the projects listed in G.S. 136‑179. If Intrastate Trust Funds assigned to a distribution region through the provisions of G.S. 136‑17.2A cannot be used for projects listed in G.S. 136‑179, then they may be used for projects on the following route segments or corridors:

I‑26 from Tennessee to South Carolina.

I‑40 from Tennessee to US 17 in New Hanover County.

I‑73 from South Carolina to Virginia.

I‑74 from South Carolina to Virginia.

I‑77 from South Carolina to Virginia.

I‑85 from South Carolina to Virginia.

I‑95 from South Carolina to Virginia.

I‑240 in Buncombe County.

I‑277 in Mecklenburg County.

I‑440 in Wake County.

US 1 from South Carolina to I‑85 in Vance County.

US 13 from US 17 in Bertie County to Virginia.

US 17 from South Carolina to Virginia.

US 19/19E from I‑26 in Madison County to NC 194 in Avery County.

US 23/441 from Georgia to US 74 in Jackson County.

US 29 from I‑40 in Guilford County to Virginia.

US 52 from I‑74 in Surry County to I‑85 in Davidson County.

US 64 from US 52 in Davidson County to US 158 in Dare County.

US 70 from I‑40 in Wake County to NC 24 in Carteret County.

US 74 from Tennessee to US 17 in Brunswick County, including Independence Boulevard from I‑277 to I‑485 in Mecklenburg County.

US 158 from US 52 in Forsyth County to I‑85 in Granville County, and from I‑85 in Warren County to US 64 in Dare County.

US 221 from South Carolina to NC 105 in Avery County.

US 264 from US 64 in Wake County to US 17 in Beaufort County.

US 321 from South Carolina to Tennessee.

US 421 from US 321 west of Boone in Watauga County to I‑40 in Forsyth County, and from I‑85 in Guilford County to NC 87 in Lee County.

NC 24 from I‑77 in Mecklenburg County to US 70 in Carteret County.

NC 87 from US 421 in Lee County to US 74/76 in Columbus County.

NC 105 from US 221 in Avery County to US 321 in Watauga County.

NC 168 from US 158 in Currituck County to Virginia.

NC 194 from US 19E to US 221 in Avery County.

New route from US 158 to NC 12, including a new toll bridge over the Currituck Sound in Currituck County.

Interstate routes or corridors designated by Congress or officially accepted onto the Interstate System by the United States Department of Transportation.

Any portion of an urban loop project, as described in G.S. 136‑180, that has been certified by the Department as complete and is no longer eligible for funding from the urban loop allocation specified in G.S. 136‑176(b)(2).

The Department of Transportation may add a route to the Intrastate System if the route is a multilane route and has been designed and built to meet the construction criteria of the Intrastate System projects. No funds may be expended from the Trust Fund on routes added by the Department.

(b)�� Before encumbering or spending any funds on projects added to the Intrastate System by this section, in addition to those projects required to receive first priority pursuant to G.S. 136‑179, the Department shall submit a report to the legislators representing the counties in which the priority projects that have not been completed are located on the current status of the project, the projected date for completion of the project, and the reasons for the delay in completing the project. (1989, c. 692, s. 1.1; 2004‑124, s. 30.21(c).)

§ 136‑179.� Projects of Intrastate System funded from Trust Fund.

In the allocation of funds as specified in G.S. 136‑176(b)(1), first priority shall be given to the following projects on the Intrastate System:

Route�� Improvements�� Affected Counties

I‑40�� Widening�� Buncombe, Haywood, Guilford, Wake, Durham

I‑77�� Widening�� Mecklenburg

I‑85�� Widening�� Durham, Orange, Alamance, Guilford, Cabarrus, Mecklenburg, Gaston

I‑95�� Widening�� Halifax

US‑1�� Complete 4‑laning from �� Vance, Franklin,

�� Henderson to South �� Wake, Chatham, Lee,

�� Carolina Line �� Moore, Richmond

�� (including 6‑laning of

�� Raleigh Beltline)

US‑13�� Complete 4‑laning from �� Gates, Hertford,

�� Virginia Line to US‑17�� Bertie

US‑17�� Complete 4‑laning from �� Camden, Pasquotank,

�� Virginia Line to South �� Perquimans, Chowan,

�� Carolina Line (including �� Bertie, Martin,

�� Washington, New Bern, �� Beaufort, Craven,

�� Hampstead from Military �� Jones, Onslow,

�� Cutoff Road in New �� New Hanover, Brunswick

�� Hanover County to US 17

�� north of Hampstead, and

�� Jacksonville Bypasses)

US‑19/US‑19E�� Complete 4‑laning from�� Madison, Yancey,

�� US‑23 to NC 194 in�� Mitchell, Avery

Ingalls

US‑19�� Complete 4‑laning�� Cherokee, Macon,

Swain

US‑23�� Complete 4‑laning and�� Madison, Buncombe

upgrading existing

4‑lanes from Tennessee

Line to I‑240

US‑23‑441�� Complete 4‑laning from�� Macon

US‑19/US‑74 to Georgia

Line

US‑52�� Complete 4‑laning from�� Surry, Davidson

I‑77 to Lexington

(including new I‑77

Connector)

US‑64�� Complete 4‑laning from�� Edgecombe, Pitt,

Raleigh to Coast�� Martin, Washington,

(including freeway�� Tyrrell, Dare

construction from I‑95

to US‑17)

US‑64�� Complete 4‑laning from�� Davidson, Randolph,

Lexington to Raleigh�� Chatham, Wake

US‑70�� Complete 4‑laning from�� Wake, Johnston,

Raleigh to Morehead City�� Wayne, Lenoir,

(including Clayton,�� Craven

Goldsboro, Kinston,

Smithfield‑Selma, and

Havelock Bypasses

predominately freeways

on predominately new

locations)

US‑74�� Complete 4‑laning from�� Mecklenburg, Union,

Charlotte to US‑17�� Richmond, Robeson,

(including multilaning�� Columbus

of Independence Blvd. in

Charlotte, and Bypasses

of Monroe, Rockingham,

and Hamlet)

US‑74�� Complete 4‑laning from�� Polk, Rutherford,

I‑26 to I‑85 (including�� Cleveland

Shelby Bypass)

US‑158�� Complete 4‑laning�� Forsyth, Guilford,

from Winston‑Salem�� Rockingham, Caswell,

to Whalebone�� Person, Granville,

Vance, Warren,

Halifax,

Northampton, Gates,

Hertford,

Pasquotank, Camden,

Currituck, Dare

New toll bridge over�� Currituck

Currituck Sound

US‑221�� Complete 4‑laning from�� Avery, McDowell,

Linville to South �� Rutherford

Carolina

US‑220�� Complete 4‑laning from�� Guilford, Randolph,

I‑40 to US‑1�� Montgomery, Richmond

US‑220/NC‑68�� Complete 4‑laning from�� Rockingham, Guilford

Virginia Line to I‑40

US‑264�� Complete 4‑laning from�� Wilson, Greene,

US‑64 to Washington�� Pitt

(including Wilson and

Greenville Bypasses)

(including freeway

construction from I‑95

to Greenville)

US‑321�� Complete 4‑laning from �� Avery, Caldwell, Catawba,

�� Tennessee Line to South �� Lincoln, Gaston,

Carolina Line�� Watauga

US‑421�� Complete 4‑laning from �� Watauga, Wilkes, Yadkin

US 321 west

of Boone to I‑40

US‑421�� Complete 4‑laning from�� Chatham, Lee

Greensboro to Sanford

(including Bypass of

Sanford)

NC‑24�� Complete 4‑laning from�� Mecklenburg,

Charlotte to Morehead �� Cabarrus, Stanly,

City�� Montgomery, Moore,

Harnett, Cumberland,

Sampson, Duplin,

Onslow, Carteret

NC‑87�� Complete 4‑laning from�� Lee, Harnett,

Sanford to US‑74�� Cumberland, Bladen,

Columbus

NC‑105�� Complete 4‑laning from�� Watauga, Avery

Boone to Linville

NC‑168�� Complete multilaning�� Currituck

from Virginia Line

to US‑158

NC‑194�� Complete 4‑laning from�� Avery

US‑19E to US‑221

(1989, c. 692, s. 1.1; 2003‑284, s. 29.11(b); 2004‑124, s. 30.21(d); 2004‑184, s. 4.)

§ 136‑180.� (For contingent repeal see editor's note) Urban loops.

(a)�� Funds allocated from the Trust Fund for urban loops may be used only for the following urban loops:

�� Affected

Loop�� Description�� Counties

��

Asheville Western Loop�� Multilane facility on new �� Buncombe

�� location from I‑26 west of

�� Asheville to US‑19/23 north

�� of Asheville for the purpose

�� of connecting these roads.

�� The funds may be used to

�� improve existing corridors.

Charlotte Outer Loop�� Multilane facility encircling �� Mecklenburg

�� City of Charlotte including

�� 6‑laning of the portion from

�� Johnston Road/US 521 south

�� to I‑77 south of Charlotte‑

�� including widening, resurface,

�� and interchange

Durham Northern Loop�� The projects listed below �� Durham, Wake

�� are eligible for funding

�� under this section as part of

�� the Durham Northern Loop.

�� The priorities for planning

�� and constructing these projects

�� will be established by mutual

�� agreement of the Metropolitan

�� Planning Organization (MPO)

�� and the Department of

�� Transportation through the

�� federally mandated

�� Transportation Improvement

�� Program development process.

�� The cross sections for these

�� projects will be established

�� by mutual agreement of the

�� MPO and the Department of

�� Transportation through the

�� State and federal environmental

�� review process. (1) East end

�� connector, from N.C. 147 to

�� U.S. 70 East. (2) U.S. 70, from

�� Lynn Rd. to the Northern

�� Durham Parkway. (3) I‑85,

�� from U.S. 70 to Red Mill Rd.

�� (4) Northern Durham Parkway,

�� Section B, from Old Oxford

�� Rd. to I‑85. (5) Northern

�� Durham Parkway, Section A,

�� from I‑85 to I‑540. (6)

�� Northern Durham Parkway,

�� Section C, from Old Oxford

�� Rd. to Roxboro Rd. (7)

�� Roxboro Rd. from Duke St.

�� to Goodwin Rd.

Fayetteville Western�� Multilane facility on new �� Cumberland

Outer Loop�� location from US 401 north

�� of Fayetteville to I‑95

�� south of Hope Mills

Gastonia Loop�� Multilane facility known �� Gaston, Mecklenburg

�� as the Garden Parkway,

�� on a new location

�� beginning at I‑485,

�� extending west across

�� southern Gaston County

�� to I‑85, and continuing

�� north to US 321

Greensboro Loop�� Multilane facility on new �� Guilford

�� location encircling City of

�� Greensboro including

�� interchanges with Cone

�� Boulevard Extension and

�� Lewiston‑Fleming Road

�� Extension

Greenville Loop�� Multilane extension of�� Pitt

�� the Greenville Loop from

�� US 264 west of Greenville

�� to NC‑11 south of Winterville

Raleigh Outer Loop�� Multilane facility on new �� Wake, Durham,

�� location encircling City �� Johnston

�� of Raleigh

Wilmington Bypass�� Multilane facility on new �� New Hanover

�� location from US‑17 northeast

�� of Wilmington to US 421

�� in southern Wilmington,

�� continuing from US 421

�� in southern Wilmington

�� northeast along Independence

�� Blvd., and extending to

�� Martin Luther King, Jr.

�� Parkway, and including

�� the Blue Clay Road

�� interchange

Winston‑Salem Northbelt�� Multilane facility on new �� Forsyth

�� location from I‑40 west of

�� Winston‑Salem northerly to

�� US 311/Future I‑74 in eastern

�� Forsyth County

(b)�� The Board of Transportation may, by official resolution, accept a new interstate or freeway as the revised termini of an urban loop described in subsection (a) of this section, and the revised project shall be eligible for funding with funds described in G.S. 136‑176(b)(2) if the following conditions are met:

(1)�� The Department of Transportation has constructed a new interstate or freeway facility since 1989 and has changed the official route designation from the termini described in subsection (a) of this section to the new facility.

(2)�� The Board of Transportation finds that the purposes of the urban loop facility, specifically including reduced congestion and high‑speed, safe, regional through‑travel service, would be enhanced by the action.

(1989, c. 692, s. 1.1; 2002‑126, s. 26.10(a); 2003‑284, s. 29.11(a); 2004‑124, s. 30.19; 2004‑148, s. 4.)

§ 136‑180.1: Repealed by Session Laws 2002‑126, s. 26.10(b), effective July 1, 2002.

§ 136‑181.� (For contingent repeal see editor's note) Supplement for city streets.

Funds allocated to supplement the appropriations for city streets made under G.S. 136‑41.1 shall be distributed to cities as provided in that statute. (1989, c. 692, s. 1.1.)

§ 136‑182.� (Effective until July 1, 2006) Supplement for secondary road construction.

Funds are allocated from the Trust Fund to increase allocations for secondary road construction made under G.S. 136‑44.2A so that all State‑maintained unpaved secondary roads with a traffic vehicular equivalent of at least 50 vehicles a day can be paved by the 2009‑2010 fiscal year. If all the State‑maintained roads in a county have been paved under G.S. 136‑44.7, except those that have unavailable rights‑of‑way or for which environmental permits cannot be approved to allow for paving, then the funds may be used for safety improvements on the paved or unpaved secondary roads in that county. (1989, c. 692, s. 1.1; 2003‑112, s. 2; 2004‑124, s. 30.21(e).)

§ 136‑182.� (Effective July 1, 2006) Supplement for secondary road improvement.

Funds are allocated from the Trust Fund to increase allocations for secondary road improvement made under G.S. 136‑44.2A so that all State‑maintained unpaved secondary roads eligible for paving pursuant to G.S. 136‑44.5(a) can be paved by the 2009‑2010 fiscal year.

Allocations of these funds shall be based on the percentage proportion of the number of miles in the county of State‑maintained unpaved secondary roads that are eligible to be paved under G.S. 136‑44.5(a) bears to the total number of miles in the State of State‑maintained unpaved secondary roads that are eligible to be paved.

As an exception to the formula for the allocation of these funds, the Department may, beginning in the 2006‑2007 fiscal year and until the 2009‑2010 fiscal year, set aside up to five million dollars ($5,000,000) to pay for the paving of any unpaved secondary road that had previously been determined to be ineligible for paving.

Beginning in fiscal year 2010‑2011, allocations from the Trust Fund shall be based on the total number of secondary miles in a county in proportion to the total State‑maintained secondary road mileage. (2005‑404, s. 3.)

§ 136‑183: Repealed by Session Laws 2001‑424, s. 27.1.

§ 136‑184.� (For contingent repeal see Editor's note) Reports by Department of Transportation.

(a)�� The Department of Transportation shall develop, and update annually, a report containing a completion schedule for all projects to be funded from the Trust Fund.� The report shall include a separate schedule for the Intrastate System projects, the urban loop projects, and the paving of unpaved State‑maintained secondary roads that have a traffic vehicular equivalent of at least 50 vehicles a day.� The annual update shall indicate the projects, or portions thereof, that were completed during the preceding fiscal year, any changes in the original completion schedules, and the reasons for the changes.� The Department shall submit the report and the annual updates to the Joint Legislative Transportation Oversight Committee.

(b)�� The Department of Transportation shall make quarterly reports to the Joint Legislative Transportation Oversight Committee containing any information requested by the Committee.� The Department shall provide the Committee with all information needed to determine if funds available under the Trust Fund and the Transportation Improvement Program are being spent in accordance with G.S. 136‑17.2A. (1989, c. 692, s. 1.1; 1993, c. 321, s. 169.2(e).)

§ 136‑185.� Maintenance reserve created in certain circumstances.

If the Highway Trust Fund has not terminated but all contracts for the projects of the Intrastate System described in G.S. 136‑179 have been let and the amount collected and allocated for the Intrastate System is enough to pay the contracts and retire any bonds issued under the State Highway Bond Act of 1996 for projects of the Intrastate System, all subsequent allocations of revenue for the Intrastate System shall be credited to a reserve account within the Trust Fund. Revenue in this reserve may be used only to maintain the projects of the Intrastate System.

If the Highway Trust Fund has not terminated but all contracts for the urban loops described in G.S. 136‑180 have been let and the amount collected and allocated for the urban loops is enough to pay the contracts and retire any bonds issued under the State Highway Bond Act of 1996 for the urban loops, then all urban loops shall be considered a part of the Intrastate System, and all subsequent allocations of revenue for the urban loops shall be credited to the Intrastate account within the Trust Fund. (1995 (Reg. Sess., 1996), c. 590, s. 16; 2004‑124, s. 30.21(f).)

§§ 136‑186 through 136‑189.� Reserved for future codification purposes.

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