A BILL TO BE ENTITLED
AN ACT to restore the good roads of north carolina and to create a commission to study all transportation financing, funding, planning, and management issues.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 136‑176 is amended by adding a new subsection to read:
"(a2)	The Department may use up to three hundred million dollars ($300,000,000) in fiscal year 2003-2004 and up to four hundred million dollars ($400,000,000) in fiscal year 2004-2005 of the cash balance of the Highway Trust Fund for highway system preservation and maintenance and resurfacing of roadways. All funds used pursuant to this subsection shall be expended under the distribution formula in G.S. 136-17.2A. The Department of Transportation shall certify to the Joint Legislative Transportation Oversight Committee that the use of these funds will not delay any Highway Trust Fund projects. The Department of Transportation shall report annually, beginning in January 2004, to the Joint Legislative Transportation Oversight Committee on the status and projected completion of all Transportation Improvement Program projects."
SECTION 2.  Section 2.2(e) of S.L. 2002‑126 is repealed.
SECTION 3.  Section 2.2(f) of S.L. 2002‑126 reads as rewritten:
"SECTION 2.2.(f)  Notwithstanding G.S. 105‑187.9(b)(1), the sum to be transferred under that subdivision for the 2002‑2003 fiscal year."
SECTION 4.  Section 2.2(g) of S.L. 2002‑126 reads as rewritten:
"SECTION 2.2.(g)  There is transferred from the Highway Trust Fund to the General Fund the sum of one hundred twenty‑five million dollars ($125,000,000) for the 2002‑2003 fiscal year. It is the intent of the General Assembly that the Highway Trust Fund shall be held harmless because of this transfer. The General Assembly shall transfer funds from the General Fund back to the Highway Trust Fund during fiscal year 2003-2004 including interest at the net rate of return generated by the State Treasurer's Short Term Investment Fund."
SECTION 5.  Comprehensive Transportation Issues Study Commission. (a) Study Commission Established. – There is established a Comprehensive Transportation Issues Study Commission to report to the 2004 Regular Session of the 2003 General Assembly.
SECTION 5.(b)  Membership. – The Study Commission shall be composed of members as follows:
(1)	The Chairs of the Joint Legislative Transportation Oversight Committee.
(2)	The Chair or Cochairs of the Senate Appropriations Committee, appointed by the President Pro Tempore of the Senate.
(3)	The Chair or Cochairs of the House Appropriations Committee, appointed by the Speaker of the House of Representatives.
(4)	The Chair or Cochairs of the Senate Finance Committee, appointed by the President Pro Tempore of the Senate.
(5)	The Chair or Cochairs of the House Finance Committee, appointed by the Speaker of the House of Representatives.
(6)	One member nominated by the League of Municipalities, appointed by the Speaker of the House of Representatives.
(7)	One member nominated by the North Carolina Association of County Commissioners appointed by the President Pro Tempore of the Senate.
(8)	Five public members appointed by the Governor; one of whom shall be professionally engaged in environmental engineering, one of whom shall be actively engaged in highway construction, one of whom shall be knowledgeable in public financing, one of whom shall be professionally involved with urban transportation management, and one of whom shall be actively involved with rural economic development.
The appointing authorities shall make their appointments to reflect the urban‑rural diversity of the population of the State, within 30 days of the effective date of this act.
SECTION 5.(c)  Duties of the Study Commission. – The Commission shall study all aspects of transportation, including planning and scheduling of projects, legislative and executive oversight, revenues, funding, and expenditures of the Highway Fund, the Highway Trust Fund, and Federal Aid programs for transportation. The study shall include an examination of all the following:
(1)	The effectiveness of legislative oversight of the Department of Transportation and all other transportation‑related programs in North Carolina.
(2)	The gap between transportation funding structures and the actual transportation needs of the State.
(3)	Historical and projected application of funds within the several transportation funding sources.
(4)	Deficiencies in matching funding and expenditures between the several Funds.
(5)	Economic feasibility of alternate transportation modes, including cost/benefit comparisons of planning, construction, and operation of alternate transportation programs.
(6)	Alternative methods of funding, financing, and planning transportation construction, maintenance, and operations.
(7)	Delivery of construction and maintenance projects, including alternative management structures, outsourcing, and privatization.
(8)	Any other issue related to transportation, transportation funding, project planning, and management of transportation programs.
SECTION 5.(d)  Vacancies. – The appointing authority shall fill any vacancy on the Study Commission.
SECTION 5.(e)  Cochairs. – The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall designate Cochairs of the Study Commission. The Study Commission shall meet upon the call of the Cochairs. A quorum of the Study Commission shall be a majority of the members.
SECTION 5.(f)  Expenses of Members. – Members of the Study Commission shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 5.(g)  Staff. – The Legislative Services Office shall assign professional and clerical staff to assist the Study Commission in its work.
SECTION 5.(h)  Consultants. – The Study Commission may hire consultants to examine specific issues and subjects related to the study, in accordance with G.S. 120‑32.02.
SECTION 5.(i)  Meetings During Legislative Session. – The Study Commission may meet during a regular or extra session of the General Assembly.
SECTION 5.(j)  Meeting Location. – The Study Commission may meet at various locations around the State in order to promote greater public participation in its deliberations. The Legislative Services Commission shall grant adequate meeting space to the Study Commission in the State Legislative Building or the Legislative Office Building.
SECTION 5.(k)  Report. – The Commission may make interim reports and shall make a final report to the General Assembly no later than November 1, 2004. Regardless of whether it has filed an interim or final report, the Commission shall terminate on November 1, 2004. The final report shall include Commission recommendations for legislation to implement recommendations made by the Commission.
SECTION 5.(l)  Funding. – The Study Commission shall be funded from funds available to the Joint Legislative Transportation Oversight Committee, in accordance with G.S. 120‑70.52.
SECTION 6.  It is the specific intent of the General Assembly that there shall be no further transfers of funds from the Highway Trust Fund to the General Fund.  All funds in the Highway Trust Fund and the Highway Fund shall be used only for transportation‑related purposes.
SECTION 7.  Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136-44.17. Attorneys' fees and costs in environmental lawsuits against the State.
In any action brought against the Department of Transportation under North Carolina environmental laws or regulations, the presiding judge may award reasonable attorneys' fees to be taxed as part of the court costs and payable to the prevailing party."
SECTION 8.  This act is effective when it becomes law.