§ 136-17.2A. Distribution formula for funds expended on Intrastate System and Transportation Improvement Program.
§ 136‑17.2A. Distribution formula for funds expended on Intrastate System and TransportationImprovement Program.
(a) Funds expended forthe Intrastate System projects listed in G.S. 136‑179 and both State andfederal‑aid funds expended under the Transportation Improvement Program,other than federal congestion mitigation and air quality improvement programfunds appropriated to the State by the United States pursuant to 23 U.S.C. §104(b)(2) and 23 U.S.C. § 149, funds expended on an urban loop project listedin G.S. 136‑180 and funds received through competitive awards ordiscretionary grants through federal appropriations either for localgovernments, transportation authorities, transit authorities, or theDepartment, shall be distributed throughout the State in accordance with thissection.
(1) Distribution RegionA consists of the following counties: Bertie, Camden, Chowan, Currituck, Dare,Edgecombe, Gates, Halifax, Hertford, Hyde, Johnston, Martin, Nash, Northampton,Pasquotank, Perquimans, Tyrrell, Washington, Wayne, and Wilson.
(2) Distribution RegionB consists of the following counties: Beaufort, Brunswick, Carteret, Craven,Duplin, Greene, Jones, Lenoir, New Hanover, Onslow, Pamlico, Pender, Pitt, andSampson.
(3) Distribution RegionC consists of the following counties: Bladen, Columbus, Cumberland, Durham,Franklin, Granville, Harnett, Person, Robeson, Vance, Wake, and Warren.
(4) Distribution RegionD consists of the following counties: Alamance, Caswell, Davidson, Davie,Forsyth, Guilford, Orange, Rockingham, Rowan, and Stokes.
(5) Distribution RegionE consists of the following counties: Anson, Cabarrus, Chatham, Hoke, Lee,Mecklenburg, Montgomery, Moore, Randolph, Richmond, Scotland, Stanly, andUnion.
(6) Distribution RegionF consists of the following counties: Alexander, Alleghany, Ashe, Avery,Caldwell, Catawba, Cleveland, Gaston, Iredell, Lincoln, Surry, Watauga, Wilkes,and Yadkin.
(7) Distribution RegionG consists of the following counties: Buncombe, Burke, Cherokee, Clay, Graham,Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk,Rutherford, Swain, Transylvania, and Yancey.
(b) Until ninetypercent (90%) of the mileage of the Intrastate System projects listed in G.S.136‑179 is completed, the Secretary of Transportation shall, on or beforeOctober 1 of each year, calculate the estimated amount of funds subject to thissection that will be available for the next seven program years beginning thatOctober 1. The Secretary shall then calculate a tentative percentage share foreach distribution region by multiplying the total estimated amount by a factorthat is based:
(1) Twenty‑fivepercent (25%) on the estimated number of miles to complete the IntrastateSystem projects in that distribution region compared to the estimated number ofmiles to complete the total Intrastate System;
(2) Fifty percent (50%)on the estimated population of the distribution region compared to the totalestimated population of the State; and
(3) Twenty‑fivepercent (25%) on the fraction one‑seventh, which provides an equal sharebased on the number of distribution regions.
(c) When ninety percent(90%) of the mileage of the Intrastate System projects listed in G.S. 136‑179is completed, the Secretary of Transportation shall, on or before October 1 ofeach year, calculate the estimated amount of funds subject to this section thatwill be available for the next seven program years beginning that October 1.The Secretary shall then calculate a tentative percentage share for eachdistribution region by multiplying the total estimated amount by a factor thatis based:
(1) Sixty‑sixpercent (66%) on the estimated population of the distribution region comparedto the total estimated population of the State; and
(2) Thirty‑fourpercent (34%) on the fraction one‑seventh, which provides an equal sharebased on the number of distribution regions.
(d) In each fiscalyear, the Department shall, as nearly as practicable, expend in a distributionregion an amount equal to that region's tentative percentage share of the fundsthat are subject to this section and are available for that fiscal year. In anyconsecutive seven‑year period, the amount expended in a distributionregion must be between ninety percent (90%) and one hundred ten percent (110%)of the sum of the amounts established under this subsection as the targetamounts to be expended in the region for those seven years.
(e) In making thecalculation under this section, the Secretary shall use the most recentestimates of population certified by the State Budget Officer.
(f) In developing theschedules of improvements to be funded from the Trust Fund and of improvementsto be made under the Transportation Improvement Program, the Board ofTransportation shall consider the highway needs of every county in a distributionregion and shall make every reasonable effort to schedule the construction ofhighway improvements in a manner that addresses the needs of every county inthe region in an equitable and timely manner.
(g) On or beforeDecember 1, 1999, the Secretary shall submit to the General Assembly a reportof allocations, obligations, and actual yearly expenditures for eachdistribution region, covering fiscal years 1989‑90 through 1997‑98.On or before December 1, 2000, and every two years thereafter, the Secretaryshall submit to the General Assembly a report of allocations and actualexpenditures for the preceding two fiscal years. At any time in which thereport indicates that allocations and expenditures by distribution region donot comply with the provisions of subsection (d) of this section, the Secretaryshall also submit a plan to correct the imbalance.
(h) Each year, theSecretary shall calculate the amount of funds allocated in that year to eachdivision, the amount of funds obligated, and the amount the obligationsexceeded or were below the allocation. The target amounts obtained according tosubsection (b) of this section shall be adjusted to account for any differencesbetween allocations and obligations reported for the previous year. The new targetamounts shall be used to fulfill the requirements of subsection (d) of thissection for the next update of the Transportation Improvement Program. Theadjustment to the target amount shall be allocated by division.
(i) All funds used inrepayment of "GARVEE" bonds issued pursuant to G.S. 136‑18(12b)shall be subject to the provisions of this section. (1989, c. 692, s. 1.4; c.770, s. 74.7; 1999‑237, ss. 27.19, 27.20(a); 1999‑422, s. 2; 2000‑134,s. 22; 2005‑403, s. 3; 2009‑497, s. 1.)