Bill Text: NC S521 | 2013-2014 | Regular Session | Introduced
Bill Title: Clarify Transportation Tolling Statutes.-AB
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-04-01 - Held As Filed [S521 Detail]
Download: North_Carolina-2013-S521-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S D
SENATE DRS35236-MH-126A (03/11)
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Short Title: Clarify Transportation Tolling Statutes.-AB |
(Public) |
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Sponsors: |
Senators Rabon and Harrington (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to clarify Department of Transportation toll contracting, collection, and enforcement.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 136‑18(39a) reads as rewritten:
"§ 136‑18. Powers of Department of Transportation.
…
(39a) a. The Department
of Transportation may enter into a partnership agreement agreements
with a private entity as provided under subdivision (39) of this section
for one project, subject to the requirements of this subdivision.which
the provisions of this section may apply. The pilot project allowed under this
subdivision must be one that is a candidate for funding under the Mobility
Fund, that is planned for construction through a public‑private
partnership, and for which a Request for Qualifications has been issued by the
Department no later than June 30, 2012.
b. A private entity or its contractors must provide performance and payment security in the form and in the amount determined by the Department of Transportation. The form of the performance and payment security may consist of bonds, letters of credit, parent guaranties, or other instruments acceptable to the Department of Transportation.
c. Notwithstanding the provisions of G.S. 143B‑426.40A, an agreement entered into under this subdivision may allow the private entity to assign, transfer, sell, hypothecate, and otherwise convey some or all of its right, title, and interest in and to such agreement, and any rights and remedies thereunder, to a lender, bondholder, or any other party. However, in no event shall any such assignment create additional debt or debt‑like obligations of the State of North Carolina, the Department, or any other agency, authority, commission, or similar subdivision of the State to any lender, bondholder, entity purchasing a participation in the right to receive the payment, trustee, trust, or any other party providing financing or funding of projects described in this section. The foregoing shall not preclude the Department from making any payments due and owing pursuant to an agreement entered into under this section.
d. The Department of Transportation may fix,
revise, charge, and collect tolls and fees to the same extent allowed under Article
6H of Chapter 136 of the General Statutes.Statutes shall apply to the
Department of Transportation and to projects undertaken by the Department of
Transportation under subdivision (39) of this section. The Department may
assign its authority under that Article to fix, revise, charge, retain,
enforce, and collect tolls and fees to the private entity."
SECTION 2. This act is effective when it becomes law.
