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Committee Substitute Favorable 5/13/13


Short Title:        Limit Tolling on Existing Interstates.




Referred to:


March 11, 2013


AN ACT to specify the conditions under which the turnpike authority may collect tolls on an existing interstate highway.

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. highway capacity, requirement to maintain non-toll capacity.

(a)        General. - Notwithstanding any other provision of this Article, theThe Authority may collect tolls on any existing interstate highway .highway capacity, if all of the following conditions are met:

(1)        for which theThe United States Department of Transportation has granted permission by permit, or any other lawful means, to do so.

(2)        The Authority continuously maintains at all times the same number of general purpose non-toll lanes on the affected segment that were available prior to imposition of any tolls. The Authority may authorize brief lane closures during reasonable periods of repair and maintenance of the non-toll lanes, but must maintain access to non-toll lanes at all times during the repair or maintenance.

(3)        The revenue generated from the tolls will be used by the Authority to increase capacity on the portion of the interstate highway where the toll is collected. 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."

SECTION 2.  This act is effective when it becomes law, and applies to any project on an existing interstate highway let for construction after that date.