§ 136-200.4. Additional requirements for metropolitan planning organizations located in nonattainment areas.
§136‑200.4. Additional requirements for metropolitan planningorganizations located in nonattainment areas.
(a) Consultation andSingle Conformity Plan Required. When an area of the State is designated asnon‑attainment under the federal Clean Air Act (42 U.S.C. § 7401, etseq.) all metropolitan planning organizations with at least twenty‑fivepercent (25%) of their area of jurisdiction located within the boundaries ofthe nonattainment area shall consult on appropriate emissions reductionstrategies and shall adopt a single, unified plan for achieving conformity. Thestrategies set forth in the unified plan shall be incorporated by each affectedmetropolitan planning organization into its respective long rangetransportation plan developed pursuant to 23 U.S.C. § 134(g).
(b) Effect of Failureto Adopt Required Plan. If a metropolitan planning organization does notcomply with the provisions of subsection (a) of this section within one yearafter designation of at least twenty‑five percent (25%) of the metropolitanplanning organization's area of jurisdiction as nonattainment under the federalClean Air Act (42 U.S.C. § 7401, et seq.), the Department shall not allocateany of the following funds to projects within the metropolitan planningorganization's area of jurisdiction:
(1) One hundred percent(100%) State‑funded road construction funds.
(2) State matching fundsfor any road construction or transit capital project.
(3) Federal congestionmitigation and air quality improvement program funds.
(c) MandatoryEvaluation and Report. Each metropolitan planning organization located inwhole or in part in areas designated as nonattainment under the federal CleanAir Act (42 U.S.C. § 7401 et seq.) shall complete the evaluation processprovided for in G.S. 136‑200.2 and submit its findings andrecommendations to the Department of Transportation within one year of theeffective date of designation as nonattainment. A metropolitan planningorganization may request and be granted by the Department an extension if themetropolitan planning organization can show cause for the extension. Extensionsshall be granted in no more than one year increments. (2000‑80,s. 7.)