GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1226
     

 
Short Title:	Improve Air Quality With Local Plan.	()	
Sponsors:	Representatives Hackney; and Alexander.	
Referred to:	Transportation.	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT TO IMPROVE AIR QUALITY THROUGH Local LAND DEVELOPMENT and transportation PLANNING.

The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 136 of the General Statutes is amended by adding a new Article to read:
"Article 18.
"Local Planning to Improve Air Quality.
"§ 136-220. Improving air quality through local land development and transportation planning.
(a)	Develop Plan. – A unit of local government located within a nonattainment area, as defined in G.S. 143-213, for ozone using the one-hour standard shall develop a local land development and transportation plan under this section. Any unit of local government located within a nonattainment area for any pollutant or for ozone using the eight-hour standard may develop a local land development and transportation plan under this section. Any unit of local government located within an area that is not shown to have exceeded any national ambient air quality standard for any pollutant may develop a local land development and transportation plan under this section. Any plan developed under this section shall be certified by the unit of local government and submitted to the Department of Transportation.
(b)	Land Use Strategies. – A local land development and transportation plan under subsection (a) of this section shall contain land-use strategies that minimize mobile source emissions, which may include:
(1)	Establishing a central business district that can serve as the point where a regional transit system converges.
(2)	Creating high density, mixed-use development capable of being linked by a transit network.
(3)	Locating compatible land uses within close proximity of one another, suitable for walking from one activity to another.
(4)	Locating new development in areas of existing development.
(5)	Increasing the density of development within walking distance of transit stations or a high-capacity transit corridor.
(6)	Increasing sidewalks, paths, crosswalks, and protection from fast-moving motor vehicle traffic.
(7)	Decreasing traffic congestion by increasing available routes.
(8)	Limiting parking supply and modifying zoning requirements to lower the number of parking spaces needed for development in areas of higher density and existing areas of development.
(9)	Providing close parking for travelers who carpool.
(10)	Adopting zoning regulations that facilitate the implementation of land- use strategies that minimize mobile source emissions and modifying existing zoning regulations that prevent or hinder the implementation of these land-use strategies.
(c)	Failure to Develop Required Plan. – Any unit of local government that is required under subsection (a) of this section to develop a local land development and transportation plan and has failed to develop a local land development and transportation plan shall not add projects to the Transportation Improvement Program under this Chapter.
(d)	Benefits of Having an Approved Plan. – Any unit of local government that has developed a local land development and transportation plan under this section is entitled to receive, notwithstanding G.S. 136-17.2A, priority in receiving federal congestion mitigation and air quality improvement program funds appropriated to the State by the United States pursuant to 23 U.S.C. § 104(b)(2) and 23 U.S.C. § 149, priority for funds received through competitive awards and discretionary grants through federal appropriations, and priority for any other funds that the Department of Transportation determines to use for this purpose.(e)	Coordination. – A unit of local government developing a local land development and transportation plan under this section may coordinate its activities with other units of local government located within the same nonattainment area and with a Metropolitan Planning Organization under Article 16 of this Chapter or a Rural Transportation Planning Organization under Article 17 of this Chapter having some common jurisdiction.
(f)	Duties of the Department. – The Department of Transportation shall coordinate its efforts and activities related to improving air quality or planning with the Department of Environment and Natural Resources. The Department of Transportation shall incorporate the land-use strategies under subsection (b) of this section into its planning activities."
SECTION 2.  This act becomes effective January 1, 2002.