GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                    D

SENATE DRS35111-MH-27  (01/30)

Short Title:        No Tolls on Interstate 95.		(Public)
Sponsors:	Senator Newton (Primary Sponsor).
Referred to:

A BILL TO BE ENTITLED

AN ACT to prohibit the imposition of tolls on Interstate 95 for TEN years and to require the prior approval of the General Assembly for tolling Interstate 95 thereafter.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 136-89.198 reads as rewritten:

"§ 136-89.198.  Authority to toll existing interstate highways.

(a)        General. - Notwithstanding any other provision of this Article, and with the exception set forth in subsection (d) of this section, the Authority may collect tolls on any existing interstate highway for which the United States Department of Transportation has granted permission by permit, or any other lawful means, to do so. The revenue generated from the collected tolls shall be used by the Authority to repair and maintain the interstate on which the tolls were collected. These revenues shall not be used to repair, maintain, or upgrade any State primary or secondary road adjacent to or connected with the interstate highways.

(b)        Method. - The Authority shall establish toll locations on the permitted interstate highway in accordance with federal guidelines. Toll locations shall be erected at or near the borders of the State and at such other locations that are not impracticable, unfeasible, or that would result in an unsafe or hazardous condition.

(c)        Severability. - If any provision of this section or its application is held invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provisions or application, and to this end the provisions of this section are severable.

(d) Exception. - This section shall not apply to Interstate 95. The Authority may not collect tolls on Interstate 95."

SECTION 2.  G.S. 136-89.198, as rewritten by Section 1 of this act, reads as rewritten:

"§ 136-89.198.  Authority to toll existing interstate highways.

(a)        General. - Notwithstanding any other provision of this Article, and with the exception set forth in subsection (d) of this section, the Authority may collect tolls on any existing interstate highway for which the United States Department of Transportation has granted permission by permit, or any other lawful means, to do so. The revenue generated from the collected tolls shall be used by the Authority to repair and maintain the interstate on which the tolls were collected. These revenues shall not be used to repair, maintain, or upgrade any State primary or secondary road adjacent to or connected with the interstate highways.

(b)        Method. - The Authority shall establish toll locations on the permitted interstate highway in accordance with federal guidelines. Toll locations shall be erected at or near the borders of the State and at such other locations that are not impracticable, unfeasible, or that would result in an unsafe or hazardous condition.

(c)        Severability. - If any provision of this section or its application is held invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provisions or application, and to this end the provisions of this section are severable.

(d)        Exception. - This section shall not apply to Interstate 95. The Authority may not collect tolls on Interstate 95.Notwithstanding any other provision of law, the Authority may not collect tolls on Interstate 95 without the prior approval of the General Assembly."

SECTION 3.  Section 1 of this act is effective when it becomes law. Section 2 of this act becomes effective July 1, 2023.