SUBCHAPTER 06B ‑ PUBLIC TRANSPORTATION AND RAIL
PROGRAM
SECTION .0100 ‑ GENERAL PROVISIONS
19A NCAC 06B .0101 DEFINITION
The term "public transportation" as used in this
Subchapter means transportation by bus, rail, or other conveyance, either
publicly or privately owned, which provides to the public general or special
service on a regular and continuing basis. The term "public
transportation" does not include school buses or charter or sight‑seeing
service.
History Note: Authority G.S. 136‑44.20; 143B-348;
Eff. July 1, 1978;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0102 LEAD STATE AGENCY
19A NCAC 06B .0103 DIRECTOR OF PUBLIC TRANSPORTATION
History Note: Authority G.S. 136‑44.20;
Eff. July 1, 1978;
Repealed Eff. November 1, 1991.
SECTION .0200 ‑ TECHNICAL ASSISTANCE
19A NCAC 06B .0201 ELIGIBILITY
(a) Public Agencies. State and local public agencies are
eligible to receive technical assistance on all aspects of public
transportation. These agencies include:
(1) municipalities, or other political
subdivisions of the state;
(2) public agencies and instrumentalities of
one or more municipalities, or of other political subdivisions of the state;
(3) public corporations, boards, and
commissions established under state law; and
(4) public institutions of higher learning.
(b) Private Organizations. Private public transportation
companies, private non‑profit corporations providing public
transportation services, and private non‑profit institutions of higher
learning are eligible to receive technical assistance on all aspects of public
transportation providing the requests for such assistance are made on their
behalf by eligible public agencies.
History Note: Authority G.S. 136‑44.20; 143B-348;
Eff. July 1, 1978;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0202 ASSISTANCE IN PREPARING GRANT
APPLICATIONS
Eligible public agencies may receive assistance in the
preparation of applications for grants of state and federal public
transportation funds. Requests for assistance shall be made in writing to the
Department of Transportation stating the nature of the assistance required. The
offer of assistance is made contingent upon the availability of staff.
History Note: Authority G.S. 136‑44.20; 143B-348;
Eff. July 1, 1978;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0203 ASSISTANCE IN CONDUCTING PLANNING AND
MANAGEMENT STUDIES
Eligible public agencies may receive assistance on technical
matters during the conduct of public transportation planning and management
studies. Requests for assistance shall be made to the Department of
Transportation prior to the start of the study and the requests shall state the
nature of the technical assistance. The offer of assistance is made contingent
upon the availability of staff.
History Note: Authority G.S. 136‑44.20; 143B-348;
Eff. July 1, 1978;
Amended Eff. November 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0204 ASSISTANCE IN OPERATIONAL TECHNIQUES
Eligible public agencies may receive advice on
administrative and operational aspects of public transportation systems that
have received state or federal financial assistance. Requests for assistance
shall be made in writing to the Department of Transportation stating the nature
of the assistance. The offer of assistance is made contingent upon the
availability of staff.
History Note: Authority G.S. 136‑44.20; 143B-348;
Eff. July 1, 1978;
Amended Eff. November 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0205 ASSISTANCE IN TRAINING ACTIVITIES
Eligible agencies may receive training assistance on
operational and administrative aspects of public transportation systems.
Requests for assistance shall be in writing to the Department of Transportation
stating the nature of the assistances. The offer of assistance is made
contingent upon the availability of staff.
History Note: Authority G.S. 136‑44.20; 143B-348;
Eff. November 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
SECTION .0300 ‑ FINANCIAL ASSISTANCE
19A NCAC 06B .0301 ELIGIBILITY
(a) Public Agencies. State and local public agencies are
eligible to receive financial assistance from state and federal public
transportation programs. These agencies include:
(1) municipalities, or other political
subdivisions of the state;
(2) public agencies and instrumentalities of
one or more municipalities, or of other political subdivisions of the state;
(3) public corporations, boards, and
commissions established under state law; and
(4) public institutions of higher learning.
(b) Private Organizations. Private public transportation
companies, private non‑profit corporations providing public
transportation services, and private non‑profit institutions of higher
learning are eligible to receive state and federal financial assistance
providing the request for financial assistance is endorsed by resolution of the
local public body. Such financial assistance may be made directly to the
private organization or may be channeled through an eligible public agency.
History Note: Authority G.S. 136‑44.20; 143B-348;
Eff. July 1, 1978;
Amended Eff. February 1, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0302 FINANCIAL ASSISTANCE FOR PLANNING AND
MANAGEMENT
Eligible agencies may receive state and/or federal funds for
the planning, management, engineering, design, and evaluation of public
transportation projects. Requests for state financial assistance shall be made
in writing to the Department of Transportation.
History Note: Authority G.S. 136‑44.20; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. November 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0303 FINANCIAL ASSISTANCE FOR CAPITAL
IMPROVEMENTS
Eligible agencies may receive state and federal financial
assistance in financing the acquisition, construction, reconstruction, and
improvement of facilities and equipment for use, by operation or lease or
otherwise, in public transportation services. Requests for state and federal
financial assistance shall be made in writing to the Department of
Transportation.
History Note: Authority G.S. 136‑44.20; 143B-348;
Eff. July 1, 1978;
Amended Eff. November 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0304 FINANCIAL OPERATING ASSISTANCE
Eligible agencies may receive state and federal financial
assistance in financing either the operation of public transportation service
or projects of limited duration which demonstrate innovative approaches in the
provision of local or area‑wide public transportation services. Requests
for state and federal financial assistance shall be made in writing to the
Department of Transportation.
History Note: Authority G.S. 143B‑10(j); 136‑44.20;
Eff. July 1, 1978;
Amended Eff. November 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
SECTION 0400 - RAIL INDUSTRIAL ACCESS PROGRAM
19A NCAC 06B .0401 DEFINITION OF PROGRAM
For purposes of this Subchapter, the following definitions
shall apply:
(1) The term "Rail Industrial Access Program"
or "RIAP" means the Department of Transportation program which
provides funding to cover a portion of the costs of constructing or
rehabilitating railroad industrial access tracks to serve a new or expanded
industry.
(2) "Department" means the North Carolina
Department of Transportation.
(3) "Grantee" means the entity which receives
a RIAP grant from DOT.
(4) "Project" means the construction of a
railroad track and related facilities under the RIAP.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997;
Amended Eff. April 1, 1999;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0402 IDENTIFYING INFORMATION
Information related to RIAP may be obtained from:
Director, Rail
Division
NC DOT
PO Box 25201
1 South Wilmington
Street
Raleigh, NC 27611
Telephone
919-733-4713
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997.
19A NCAC 06B .0403 ELIGIBLE GRANTEES
The following organizations shall be eligible to apply for
Rail Industrial Access Funding:
(1) Municipal and county governments;
(2) Non-profit or for-profit community development
organizations;
(3) Railroads; and
(4) Industries.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0404 ELIGIBLE COSTS
Costs eligible for RIAP funding are as follows:
(1) Reasonable engineering costs;
(2) Site preparation, including necessary grading and
drainage to construct track(s);
(3) Track construction;
(4) Switches; and
(5) Grade crossings and signals.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997;
Amended Eff. April 1, 1999;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0405 INELIGIBLE COSTS
Costs which are not eligible for RIAP program costs are as
follows:
(1) Relocation of utilities;
(2) Acquisition of rights of way; and
(3) Rail dock.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997;
Amended Eff. April 1, 1999.
19A NCAC 06B .0406 APPLICATION
Candidates for RIAP funding shall complete and submit a
funding application to the Department of Transportation. Copies of the
application may be obtained from:
Director, Rail
Division
North Carolina
Department of Transportation
PO Box 25201
1 South Wilmington
Street
Raleigh, NC 27611
Telephone
919-733-4713
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997.
19A NCAC 06B .0407 COUNTY AND CITY CERTIFICATION
An applicant shall provide a certified copy of the
resolution of support from the county and city government (if applicable) to
the Department. An interim letter of support may be accepted pending receipt of
a formal resolution.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0408 REQUIRED EASEMENT CERTIFICATIONS
A property easement certification shall be provided by the
applicant with the completed application that provides written assurance that
all required easements have or will be obtained.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997;
Pursuant to G.S. 150B–21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0409 INDUSTRY CERTIFICATION
The industry shall certify that it will provide the jobs and
rail traffic (annual carloads) indicated in the project application.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997;
Amended Eff. April 1, 1999;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0410 APPLICATION EVALUATION
The Department shall evaluate the following when
recommending rail projects to the Board of Transportation for approval:
(1) Employment created in first two years;
(2) Capital investment in first two years;
(3) Annual rail traffic;
(4) Whether the project is located in a county
designated as distressed by the North Carolina Department of Commerce as
defined in G.S. 105-130.40(c) or G.S. 105-151.17(c);
(5) Whether the project is served by a shortline
railroad; and
(6) Impact on local or regional income or economic
development.
History Note: Authority G.S. 105-130.40(c);
105-151.17(c); 136-44.36; 143B-350(f) and (g);
Eff. April 30, 1997;
Amended Eff. April 1, 1999.
19A NCAC 06B .0411 ALLOCATION OF FUNDING
(a) After evaluation of public benefits, including new
employment and capital investment and funding available, the Department may
award up to a maximum 50% of total project costs. Except as provided in
Paragraph (b) of this Rule, a project shall receive no more than 20% of the
annual budgeted funding for the RIAP in any fiscal year.
(b) The North Carolina Board of Transportation may approve
funding above the maximum for individual projects based on the following
criteria:
(1) Comparison of project costs, benefits, and
grantee resources; and
(2) Availability of funding.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997.
19A NCAC 06B .0412 PROCUREMENTS
History Note: Authority G.S. 136-44.36; 143-129;
143B-350(f) and (g);
Eff. April 30, 1997;
Repealed Eff. April 1, 1999.
19A NCAC 06B .0413 REQUESTS FOR REIMBURSEMENT
(a) Upon execution of the Grant Agreement, the Grantee may
be required to submit periodic progress reports to the Department until the
project tracks are completed.
(b) The Department shall not reimburse the Grantee for
eligible expenses until the Department verifies completion of the project
tracks, the railroad certifies that it has used the project tracks, or the
Department confirms that the railroad has used the project tracks.
(c) The Grantee shall submit one itemized request for
reimbursement to the Department upon completion of project work at the
following address:
Grants Administrator
Rail Industrial
Access Program
North Carolina
Department of Transportation
PO Box 25201
1 South Wilmington
Street
Raleigh, NC 27611
(d) The Department shall examine the request for
reimbursement to verify that the costs were necessary to accomplish the
project.
History Note: Authority G.S. 143B-350(f) and (g);
Eff. April 30, 1997;
Amended Eff. April 1, 1999.
19A NCAC 06B .0414 RETAINAGE
History Note: Authority G.S. 143B-350(f) and (g);
Eff. April 30, 1997;
Repealed Eff. April 1, 1999.
19A NCAC 06B .0415 OWNERSHIP AND MAINTENANCE RESPONSIBILITY
(a) Once constructed, all rail industrial access tracks
shall be owned by the Grantee or by the industry served.
(b) After construction, the track owner shall be
responsible for maintaining the project tracks.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0416 REPORTING REQUIREMENTS
The grant recipient shall report to the Department as
follows:
(1) After each of the first two years following
completion, the grant recipient shall provide information verifying the
industry's employment as indicated in the project application and industry
certification;
(2) For the first five years following project
completion, the grant recipient shall provide verification of the industry's
rail use as indicated in the project application and industry certification.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0417 REPAYMENT
(a) If within five years the project tracks are abandoned,
relocated, or sold without the consent of the Department, the track owner shall
repay the Department the state's contribution to the cost of construction and materials.
(b) The Grantee may also be required to repay the
Department if:
(1) During the first five years rail use falls
below the goal levels specified in the industry certification;
(2) Job goals (as specified in the industry
certification) for the first two years are not met.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 30, 1997;
Amended Eff. April 1, 1999;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
19A NCAC 06B .0418 GRANT AGREEMENT
(a) Upon grant approval by the Board of Transportation, the
Grantee shall enter into a Grant Agreement with the Department of
Transportation specifying the terms and conditions of the RIAP grant.
(b) The Grantee shall not be eligible for reimbursement
until a Grant Agreement has been fully executed by both the Grantee and the
Department.
History Note: Authority G.S. 136-44.36; 143B-350(f) and
(g);
Eff. April 1, 1999;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 24, 2015.
