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--- version:Edition 1+++ version:Filed@@ -1,17 +1,17 @@GENERAL ASSEMBLY OF NORTH CAROLINASESSION 2025-S 1-SENATE BILL 519+S D+SENATE BILL DRS15230-MWf-27AShort Title: Transportation for the Future Act. (Public)Sponsors: Senators Meyer and Murdock (Primary Sponsors).-Referred to: Rules and Operations of the Senate-March 26, 2025-*S519-v-1*+Referred to:++*DRS15230-MWf-27A*A BILL TO BE ENTITLED 1AN ACT TO MODERNIZE NORTH CAROLINA TRANSPORTATION SPENDING TO PUT 2-TAXPAYER DOLLARS TO EFFECTIVE USE AND TO GIVE OUR COMMUNITIE S 3-THE TOOLS THEY NEED TO CREATE SAFE AND S USTAINABLE MULTIMODAL 4+TAXPAYER DOLLARS TO EFFECTIVE USE AND TO GIVE OUR COMMUNITIES 3+THE TOOLS THEY NEED TO CREATE SAFE AND SUSTAINABLE MULTIMODAL 4TRANSPORTATION SYSTEMS FOR THE FUTURE. 5The General Assembly of North Carolina enacts: 6SECTION 1. This act shall be known as the "Transportation for the Future Act." 7@@ -39,16 +39,20 @@g. Public transportation service that spans two or more counties and that 29serves more than one municipality. Programmed funds pursuant to this 30sub-subdivision shall not exceed ten percent (10%) of any distribution 31-region allocation. service. This su b-subdivision includes bus rapid 32+region allocation. service. This sub -subdivision includes bus rapid 32transit, commuter rail, intercity rail, and light rail. Total State funding 33for a commuter rail or light rail project shall not exceed the lesser of 34ten percent (10%) of the distribution region allocation or ten percent 35(10%) of the estimated total project costs used during the prioritization 36-General Assembly Of North Carolina Session 2025-Page 2 Senate Bill 519-First Edition+FILED SENATE+Mar 25, 2025+S.B. 519+PRINCIPAL CLERK+General Assembly Of North Carolina Session 2025+Page 2 DRS15230-MWf-27Ascoring process. The State shall not be responsible or liable for any 1project costs in excess of the maximum established under this 2-sub-subdivision. Any agreement entered into by the St ate to fund a 3+sub-subdivision. Any agreement entered into by the State to fund a 3commuter rail or light rail project shall include language setting out 4the limitations set forth in this sub-subdivision. 5h. Bicycle and pedestrian improvements. 6@@ -74,7 +78,7 @@be used for Appalachian Development Highway System projects. 26(4) Funds used in repayment of "GARVEE" bonds related to Phase I of the 27Yadkin River Veterans Memorial Bridge project. 28-(5) Funds committed to gap funding for toll roads fun ded with bonds issued 29+(5) Funds committed to gap funding for toll roads funded with bonds issued 29pursuant to G.S. 136-176. 30(6) Funds obligated for projects in the State Transportation Improvement 31Program that are scheduled for construction as of October 1, 2013, in State 32@@ -82,7 +86,7 @@(7) Toll collections from a turnpike project under Article 6H of this Chapter and 34other revenue from the sale of the Authority's bonds or notes or project loans, 35in accordance with G.S. 136-89.192. 36-(8) Toll collections from the State -maintained ferry system collected under the 37+(8) Toll collections from the State -maintained ferry system collected under the 37authority of G.S. 136-82. 38(9) Federal State Planning and Research Program funds (23 U.S.C. § 505) and 39Metropolitan Planning funds (23 U.S.C. §§ 104 and 134). 40@@ -98,11 +102,11 @@Impact Project category are excluded from that category. 50… 51General Assembly Of North Carolina Session 2025-Senate Bill 519-First Edition Page 3+DRS15230-MWf-27A Page 3(d) Transportation Investment Strategy Formula. – Funds subject to the Formula shall be 1distributed as follows:follows, with at least twenty percent ( 20%) of the funds distributed to 2non-highway projects: 3-(1) Statewide Strategic Mobility Projects. – Forty percent (40%) Thirty percent 4+(1) Statewide Strategic Mobility Projects. – Forty percent (40%) Thirty percent 4(30%) of the funds subject to this section shall be used for Statewide Strategic 5Mobility Projects: 6a. Criteria. – Transportation-related quantitative criteria shall be used by 7@@ -126,7 +130,7 @@12. Environmental quality. 25… 26(2) Regional Impact Projects. – Thirty percent (30%) Forty percent (40%) of the 27-funds subject to this section shall be used for Regional Impact Projec ts and 28+funds subject to this section shall be used for Regional Impact Projects and 28allocated by population of Distribution Regions based on the most recent 29estimates certified by the Office of State Budget and Management: 30a. Criteria. – A combination of transportation -related quantitative 31@@ -134,15 +138,15 @@Regional Impact Projects involving highways projects that address 33cost-effective needs from a region -wide perspective and promote 34economic growth. Local input is defined as the rankings identified by 35-the Department's Transportat ion Division Engineers, Metropolitan 36+the Department 's Transportation Division Engineers, Metropolitan 36Planning Organizations, and Rural Transportation Planning 37Organizations. Transportation Division Engineer local input scoring 38shall take into account public comments. The Department shall ensure 39-that the public has a fu ll opportunity to submit public comments, by 40+that the public has a full opportunity to submit public comments, by 40widely available notice to the public, an adequate time period for input, 41and public hearings. Board of Transportation input shall be in 42-accordance with G.S. 136-189.11(g)(1) and G.S. 143B-350(g). The 43-criteria u tilized for selection of Regional Impact Projects shall be 44+accordance with G.S. 136-189.11(g)(1) and G.S. 143B-350(g). The 43+criteria utilized for selection of Regional Impact Projects shall be 44based thirty percent (30%) on local input and seventy percent (70%) 45on consideration of a numeric scale of 100 points based on the 46following quantitative criteria: 47@@ -151,7 +155,7 @@3. Safety. 504. Freight. 51General Assembly Of North Carolina Session 2025-Page 4 Senate Bill 519-First Edition+Page 4 DRS15230-MWf-27A5. Multimodal. 16. Pavement Infrastructure condition. 27. Lane width. 3@@ -168,7 +172,7 @@Division Need Projects involving highways that address cost-effective 14needs from a Division -wide perspective, provide access, and address 15safety-related needs of local communities. Local input is defined as 16-the rankings identified by the Department's Transportation Division 17+the rankings identified by the Department 's Transportation Division 17Engineers, Metropolitan Planning Organizations, and Rural 18Transportation Planning Organizations. Transportation Division 19Engineer local input scoring shall take into account public comments. 20@@ -178,7 +182,7 @@Transportation input shall be in accordance with 24G.S. 136-189.11(g)(1) and G.S. 143B-350(g). The criteria utilized for 25selection of Division Need Projects shall be based fifty percent (50%) 26-thirty percent (30%) on local input and fifty percent (50%) seventy 27+thirty percent (30%) on local input and fifty percent (50%) seventy 27percent (70%) on consideration of a numeric scale of 100 points based 28on the following quantitative criteria, except as provided in 29sub-subdivision b. of this subdivision: 30@@ -203,17 +207,17 @@2. Federal Transportation Alternatives funds appropriated to the 49State. 50General Assembly Of North Carolina Session 2025-Senate Bill 519-First Edition Page 5+DRS15230-MWf-27A Page 53. Federal Railway -Highway Crossings Program funds 1appropriated to the State. 23a. Federal National Electric Vehicle Infrastructure (NEVI) 3Program formula funds appropriated to the State. 44. Projects requested from the Department in support of a 5-time-critical job creation opportunity, provided that (i) the 6+time-critical job creation opportunity, provided that (i) the 6Department investment for all projects funded under this 7sub-sub-subdivision in any five -year period shall not exceed 8one hundred million dollars ($100,000,000) in the aggregate, 9-(ii) the amount of funding associated with a project under this 10+(ii) the amount of funding associated with a project under this 10sub-sub-subdivision does not exceed the lesser of ten million 11dollars ($10,000,000) and the greater of ten thousand dollars 12($10,000) per job created or ten percent (10%) of the amount 13@@ -222,7 +226,7 @@sub-sub-subdivision, when combined with any other grants, 16does not result in the costs of the project to the State 17outweighing its total benefits and determines that the funding 18-is necessary for completion of the project i n this State. Upon 19+is necessary for completion of the project in this State. Upon 19the release of a State Transportation Improvement Program, 20the Department shall submit a report to the Joint Legislative 21Transportation Oversight Committee detailing the projects 22@@ -231,7 +235,7 @@c. Bicycle and pedestrian limitation. – The Department shall not provide 25financial support for independent bicycle and pedestrian improvement 26projects, except for federal funds administered by the Department for 27-that purpose. Thi s sub-subdivision shall not apply to funds allocated 28+that purpose. This sub -subdivision shall not apply to funds allocated 28to a municipality pursuant to G.S. 136-41.1 that are committed by the 29municipality as matching funds for federal funds administered by the 30Department and used for bicycle and pedestrian improvement projects. 31@@ -239,14 +243,14 @@State Transportation Improvement Program that are scheduled for 33construction as of October 1, 2013, in State fiscal year 2012 -2013, 342013-2014, or 2014-2015. 35-(4) Criteria for nonhi ghway projects. – Nonhighway projects subject to this 36+(4) Criteria for nonhighway projects. – Nonhighway projects subject to this 36subsection shall be evaluated through a separate prioritization process 37established by the Department that complies with all of the following: 38a. The criteria used for selection of projects for a particular transportation 39mode shall be based on a minimum of four quantitative criteria. 40b. Local input shall include rankings of projects identified by the 41Department's Transportation Division Engineers, Metropolitan 42-Planning Organizations, and Rural Transport ation Planning 43+Planning Organizations, and Rural Transportation Planning 43Organizations. Transportation Division Engineer local input scoring 44shall take into account public comments. The Department shall ensure 45that the public has a full opportunity to submit public comments, by 46@@ -254,9 +258,9 @@and public hearings. Board of Transportation input shall be in 48accordance with G.S. 136-189.11(g)(1) and G.S. 143B-350(g). 49General Assembly Of North Carolina Session 2025-Page 6 Senate Bill 519-First Edition+Page 6 DRS15230-MWf-27Ac. The criteria shall be based on a scale not to exceed 100 points that 1-includes no bonus poin ts or other alterations favoring any particular 2+includes no bonus points or other alterations favoring any particular 2mode of transportation. 3(d1) Additional Requirement for High-Cost Projects. – State funding may not be expended 4for a light rail project until a written agreement is provided to the Department establishing that 5@@ -272,7 +276,7 @@any 10-year period from the percentage required to be allocated to each of 15those categories by this section. Funds obligated among distribution regions 16or divisions pursuant to this section may vary up to fifteen percent (15%) ten 17-percent (10%) over any five -year period and ten percent (10%) five percent 18+percent (10%) over any five-year period and ten percent (10%) five percent 18(5%) over any 10-year period. 19… 20(f) Incentives for Local Funding and Highway Tolling. – The Department may revise 21@@ -296,19 +300,19 @@of the revenue expected from the project over the first 10 years of the project, 39less operations costs, as set forth in the Investment Grade Traffic and Revenue 40Study. The amount made available for allocation to other eligible highway 41-projects shall not exceed two hundred millio n dollars ($200,000,000) of the 42+projects shall not exceed two hundred million dollars ($200,000,000) of the 42capital construction funding directly attributable to the highway toll revenues 43committed in the Investment Grade Traffic and Revenue Study, for a project 44-for which funds have been committed on or before July 1, 2015. The am ount 45+for which funds have been committed on or before July 1, 2015. The amount 45made available for allocation to other eligible highway projects shall not 46exceed one hundred million dollars ($100,000,000) of the capital construction 47funding directly attributable to the highway toll revenues committed in the 48-Investment Grade Traff ic and Revenue Study, for a project for which funds 49+Investment Grade Traffic and Revenue Study, for a project for which funds 49are committed after July 1, 2015. If the toll project is located in one or more 50Metropolitan Planning Organization or Rural Transportation Planning 51General Assembly Of North Carolina Session 2025-Senate Bill 519-First Edition Page 7-Organization boundaries, based on the boundaries in exis tence at the time of 1+DRS15230-MWf-27A Page 7+Organization boundaries, based on the boundaries in existence at the time of 1letting of the project construction contract, the bonus allocation shall be 2distributed proportionately to lane miles of new capacity within the 3Organization's boundaries. The Organization shall apply the bonus allocation 4@@ -351,7 +355,7 @@… 41(c) Transportation and Utilities. – 42(1) The regulation may provide for the dedication of rights -of-way or easements 43-for street transportation and utility purpose s, including the dedication of 44+for street transportation and utility purposes, including the dedication of 44rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11. 45(2) A regulation adopted by a city may provide that in lieu of required street 46transportation facility construction, a developer be required to provide funds 47@@ -360,7 +364,7 @@funds may be used for roads transportation facilities which serve more than 50one subdivision or development within the area. All funds received by the city 51General Assembly Of North Carolina Session 2025-Page 8 Senate Bill 519-First Edition+Page 8 DRS15230-MWf-27Apursuant to this subdivision shall be used only for development of roads, 1transportation facilities, including design, land acquisition, and construction. 2However, a city may undertake these activities in conjunction with the 3@@ -377,11 +381,11 @@be used solely for the development of roads, transportation facilities, including 14design, land acquisition, and construction. Any city receiving funds from a 15county under this subdivision is authorized to expend the funds outside its 16-corporate limits for the purposes specified in th e agreement between the 17+corporate limits for the purposes specified in the agreement between the 17municipality and the county. 18(4) Any formula adopted by a local government to determine the amount of funds 19the developer is to pay in lieu of required street transportation facility 20-construction shall be based on the trips generate d from the subdivision or 21+construction shall be based on the trips generated from the subdivision or 21development. The regulation may require a combination of partial payment of 22funds and partial dedication of constructed streets transportation facilities 23when the governing board determines that a combination is in the best 24@@ -391,7 +395,7 @@"§ 105-511.2. Local election on adoption of sales and use tax. 28(a) Resolution. – The board of commissioners of a county may direct the county board 29of elections to conduct an advisory referendum within the county on the question of whether a 30-local sales and use tax at the rate of one-quarter percent (1/4%) up to one percent (1%) may be 31+local sales and use tax at the rate of one-quarter percent (1/4%) up to one percent (1 %) may be 31levied in accordance with this Part. The election shall be held on a date jointly agreed upon by 32the boards and shall be held on a date permitted by and in accordance with the procedures of 33G.S. 163-287. The board of commissioners shall hold a public hearing on the question at least 30 34@@ -404,38 +408,38 @@SECTION 8. G.S. 160D-702(a) reads as rewritten: 41"(a) A local government may adopt zoning regulations. Except as provided in subsections 42(b) and (c) of this section, a zoning regulation may regulate and restrict the height, number of 43-stories, and size of buildings and other structures; the percentage of lots that may be occupied; 44+stories, and size of buildings and other structures; the percentage of lots that may be occupied; 44the size of yards, courts, and other open spaces; the density of population; the location and use 45of buildings, structures, and land. A local government may regulate development, including 46floating homes, over estuarine waters and over lands covered by navigable waters owned by the 47-State pursuant to G.S. 146-12. A zoning regulation shall provide density credits or severable 48-development rights for dedicated rights -of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11. 49+State pursuant to G.S. 146-12. A zoning regulation shall provide density credits or severable 48+development rights for dedicated rights -of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11. 49Where appropriate, a zoning regulation may include requirements that street transportation 50facility and utility rights-of-way be dedicated to the public, that provision be made of recreational 51General Assembly Of North Carolina Session 2025-Senate Bill 519-First Edition Page 9+DRS15230-MWf-27A Page 9space and facilities, and that performance guarantees be provided, all to the same extent and with 1the same limitations as provided for in G.S. 160D-804 and G.S. 160D-804.1." 2SECTION 9. G.S. 160D-705(c) reads as rewritten: 3"(c) Special Use Permits. – The regulations may provide that the board of adjustment, 4-planning board, or governing board he ar and decide special use permits in accordance with 5+planning board, or governing board hear and decide special use permits in accordance with 5principles, conditions, safeguards, and procedures specified in the regulations. Reasonable and 6appropriate conditions and safeguards may be imposed upon these permits. Where appropriate, 7-such conditions may include requirements that street transportation facility and utility 8+such conditions may include requirements that street transportation facility and utility 8rights-of-way be dedicated to the public and that provision be made for recreational space and 9facilities. Conditions and safeguards imposed under this subsection shall not include 10requirements for which the local government does not have authority under statute to regulate 11nor requirements for which the courts have held to be unenforceable if imposed directly by the 12-local government, including, without limitation, taxes, impact fees , building design elements 13-within the scope of G.S. 160D-702(b), driveway -related improvements in excess of those 14-allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the 15+local government, including, without limitation, taxes, impact fees, building design elements 13+within the scope of G.S. 160D-702(b), driveway -related improvements in excess of those 14+allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the 15development or use of land. 16The regulations may provide that defined minor modifications to special use permits that do 17not involve a change in uses permitted or the density of overall development permitted may be 18reviewed and approved administratively. Any other modification or revocation of a special use 19permit shall follow the same process for approval as is applicable to the approval of a special use 20permit. If multiple parcels of land are subject to a special use permit, the owners of individual 21-parcels may apply for permit modification so long as the modi fication would not result in other 22+parcels may apply for permit modification so long as the modification would not result in other 22properties failing to meet the terms of the special use permit or regulations. Any modifications 23approved apply only to those properties whose owners apply for the modification. The regulation 24may require that special use permits be recorded with the register of deeds." 25
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