§ 136-44.20. Department of Transportation designated agency to administer and fund public transportation programs; authority of political subdivisions. - North Carolina Statutes

Article 2B.

Public Transportation.

§ 136‑44.20.  Departmentof Transportation designated agency to administer and fund publictransportation programs; authority of political subdivisions.

(a)        The Department ofTransportation is hereby designated as the agency of the State of NorthCarolina responsible for administering all federal and/or State programsrelating to public transportation; and the Department is hereby grantedauthority to do all things required under applicable federal and/or Statelegislation to administer properly public transportation programs within NorthCarolina. Such authority shall include, but shall not be limited to, the powerto receive federal funds and distribute federal and State financial assistancefor inter‑city rail or bus passenger service crossing one or more countylines.

(b)        The Department ofTransportation, upon approval by the Board of Transportation, is authorized toprovide the matching share of federal public transportation assistance programsthrough private resources, local government funds, or State appropriationsprovided by the General Assembly.

(b1)      The Secretary may,subject to the appropriations made by the General Assembly for any fiscal year,enter into State Full Funding Grant Agreements with a Regional PublicTransportation Authority (RPTA) duly created and existing pursuant to Article26 of Chapter 160A, a Regional Transportation Authority (RTA) duly created andexisting pursuant to Article 27 of Chapter 160A, or a city organized under thelaws of this State as defined in G.S. 160A‑1(2), to provide Statematching funds for "new start" fixed guideway projects in developmentby any entity pursuant to 49 U.S.C. § 5309. These grant agreements shall beexecutable only upon an Authority's or city's completion of and the FederalTransit Administration (FTA) approval of Preliminary Engineering andEnvironmental Impact Studies in anticipation of federal funding pursuant to 49U.S.C. § 5309.

Prior to executing State FullFunding Grant Agreements, the Secretary shall submit proposed grant agreementsor amendments to the Joint Legislative Transportation Oversight Committee forreview. The agreements, consistent with federal guidance, shall define thelimits of the "new starts" projects within the State, commit maximumlevels of State financial participation, and establish terms and conditions ofState financial participation.

State Full Funding GrantAgreements may provide for contribution of State funds in multiyear allotments.The multiyear allotments shall be based upon the Department's estimates, madein conjunction with an Authority or city, of the grant amount required for"new start" project work to be performed in the appropriation fiscalyear.

State funds may be used tofund fixed guideway projects developed without federal funding by theDepartment, a Regional Public Transportation Authority (RPTA) duly created andexisting pursuant to Article 26 of Chapter 160A of the General Statutes, aRegional Transportation Authority (RTA) duly created and existing pursuant to Article27 of Chapter 160A of the General Statutes, or a unit of local government. Inaddition, State funds may be used to pay administrative costs incurred by theDepartment while participating in such fixed guideway projects.

(c)        Nothing hereinshall be construed to prevent a political subdivision of the State of NorthCarolina from applying for and receiving direct assistance from the UnitedStates government under the provisions of any applicable legislation.

(d)        Of the amountappropriated to the Department each year for State construction under theTransportation Improvement Program, the Department may use up to five milliondollars ($5,000,000) to develop economical transit alternatives to highwayconstruction. These alternatives may include high occupancy vehicle lanes andrail routes and providing the matching share of federal grants for transitalternatives to highway construction.  (1975, c. 451; 1977, c. 341, s. 2; 1983, c. 616;1989, c. 692, s. 2.3; c. 700, s. 1; 1993, c. 488, s. 2; 2000‑67, s. 25.7;2009‑409, s. 1.)