The 2021 Powell Bill Program will begin on July 1, 2021-July 21, 2021.
In preparation, we suggest that you take a moment to go to the Enterprise Business Services website (https://www.ebs.nc.gov/irj/portal) to ensure that your able log in without any issues. It is possible that your account went inactive if you haven't logged in for a while. If you are unable to log in or have forgotten your password, please contact the
EBS Support Services: EBSSupport@ncdot.gov
Once you log in, keep in mind you won't be able to do anything until July 1, the opening date for Powell Bill.
This is also a good time to send us any updates to your staff; adding or removing anyone from the system as well as updating contact information. If you have staff changes, please email us at NCDOT_PowellBill@ncdot.gov.
The Powell Bill Reporting System will open on July 1st and you will have until July 22nd to complete the Certified Statement and attach the necessary documentation.
The Powell Bill allocations are made to incorporated municipalities which establish their eligibility and qualify per North Carolina General Statute 136-41.1 through 136-41.4. Annually, State Street-Aid (Powell Bill) allocations are made to incorporated municipalities which establish their eligibility and qualify as provided by G.S. 136-41.1 through 136-41.4.
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_136.html
Important Dates to Remember
Certified Statement, street listing, certified Powell Bill map, and add/delete sheet (if applicable) are due between July 1st and July 21st of each year.
Powell Bill Expenditures Report is statutorily due by August 1st of each year.
Municipal Street Fiscal Data Report is due by December 1st of each year.
Contact Us:
For questions concerning the Powell Bill Program, please
For user ID, Password and or technical assistance, contact:
EBS Support Services
EBSSupport@ncdot.gov
Hours: Monday – Friday 7:00am – 4:30 pm
Please include a phone number where you can be reached.
LAWS FOR THE POWELL BILL PROGRAM:
The general statutes per sessions (history):
Senate Bill 105 Session Law 2021-180:
SECTION 41.27. For the 2021-2023 fiscal biennium:
(1) The Department of Transportation shall not reduce the funds appropriated
under this act to the State Aid – Powell Bill Fund for allocation under the
Powell Bill (G.S. 136-41.1 through G.S. 136-41.4).
(2) Notwithstanding G.S. 136-41.1(a), eligible municipalities with a population
of 400,000 or more shall receive the same amount of Powell Bill Program
funds allocated for the 2020-2021 fiscal year. The remaining Powell Bill
Program funds shall be allocated to municipalities with a population of less
than 400,000 in accordance with the requirements of G.S. 136-41.1(a).
HB 97 v9 of Session 2015:
and the new Session 2017-57, SENATE BILL 257 requires that a sum of $147,500,000 be disbursed to the qualifying municipalities for FY-2017-2018 and FY 2018-2019.
The statutes also provide that funds be disbursed to the qualified municipalities on or before October 1st and January 1st, thereby allowing sufficient time after the end of the fiscal year for verification of information and to determine the proper allocations and preparation of disbursements. Powell Bill funds shall be expended primarily for the purposes of resurfacing streets within the corporate limits of the municipality but may also used for maintaining, repairing, constructing, reconstructing or widening of any street or public thoroughfare within the municipal limits or for planning, construction, and maintenance of bikeways, greenways or sidewalks.
Session 2017-57 SENATE BILL 257 states: ....."The funds allocated to cities and towns under the provisions of G.S. 136-41.2 shall not be expended for the construction of a sidewalk into which is built a mailbox, utility pole, fire hydrant, or other similar obstruction that would impede the clear passage of pedestrians on the sidewalk....
… (b1)
Failure to File. – A municipality that fails to file the statement required under
subsection (b) of this section by October 1 is
ineligible to receive funds allocated on October 1 under G.S. 136-41.1 or G.S. 136-41.2 for the fiscal year in which the municipality failed to file the statement. A municipality that fails to file the statement required under subsection (b) of this section by January 1 is ineligible to receive funds allocated under G.S. 136-41.1 or G.S. 136-41.2 for the fiscal year in which the municipality failed to file the statement.
…."
House Bill 200, Session Law 2019-250,Page 13
SECTION 5.4.(a) S.L. 2019-231 is amended by adding a new section to read:
"ADDITIONAL POWELL BILL FUNDS FOR SMALLER MUNICIPALITIES
SECTION 4.4A. The additional sum of seven million three hundred seventy-five thousand dollars ($7,375,000) in recurring funds appropriated in this act for the 2020-2021 fiscal year to the Department of Transportation for the Powell Bill Program (Fund Code 7836) shall be allocated in accordance with the requirements of G.S. 136-41.1(a) only to municipalities with a population of 200,000 or less according to the most recent federal decennial census completed as of the effective date of this section. Nothing in this section shall be construed as (i) prohibiting municipalities eligible for funds under this section from being eligible for recurring funds appropriated in this act to the Department of Transportation for the State Aid–Powell Bill Fund or (ii) otherwise modifying the allocation of recurring funds appropriated in this act to the Department of Transportation for the State Aid–Powell Bill Fund."
SECTION 5.4.(b) If House Bill 966, 2019 Regular Session, becomes law, Section 40.4 of that act is repealed.
House Bill 77 / SL 2020-91
https://www.ncleg.gov/Sessions/2019/Bills/House/PDF/H77v8.pdf
"...
HIGHWAY FUND REDUCTIONS
SECTION 3.2. Of the funds appropriated in this act to the Department of
Transportation from the Highway Fund, the sum of one hundred seventy-six million eight
hundred fifty-eight thousand one hundred seventy-one dollars ($176,858,171) for the 2020-2021
fiscal year shall be reduced as follows:
.......
(2) Powell Bill Program (Fund Code: 7836) – $7,375,000 in recurring funds and
$10,420,301 in nonrecurring funds. The revised net appropriation is
$137,079,699.
...."
POWELL BILL FUNDS
SECTION 4.11.(a) Section 5.4 of S.L. 2019-250 is repealed.
SECTION 4.11.(b) For the 2020-2021 fiscal year, municipalities with a population
of 400,000 or more shall only receive two-thirds of the 2019-2020 fiscal year allocation of Powell
Bill Program funds, as reported in the Department's "2019 North Carolina State Street Aid
Allocations to Municipalities" dated January 2020. The remaining Powell Bill Program funds
shall be allocated to municipalities with a population of less than 400,000 in accordance with the
requirements of G.S. 136-41.1(a).
POWELL BILL PREFERENCE FOR PLANTS NATIVE TO NORTH CAROLINA
SECTION 4.11A. G.S. 136-41.3(a) reads as rewritten:
"(a) Uses of Funds. – Except as otherwise provided in this subsection, the funds allocated
to cities and towns under the provisions of G.S. 136-41.1 and G.S. 136-41.2 shall be expended
by said cities and towns primarily for the resurfacing of streets within the corporate limits of the
municipality but may also be used for the purposes of maintaining, repairing, constructing,
reconstructing or widening of any street or public thoroughfare including bridges, drainage, curb
and gutter, and other necessary appurtenances within the corporate limits of the municipality or
for meeting the municipality's proportionate share of assessments levied for such purposes, or for
the planning, construction and maintenance of bikeways, greenways, or sidewalks. Cities and
towns shall strongly prefer the use of seeds and plants the U.S. Department of Agriculture has
classified as native to North Carolina when the use of funds under this subsection includes
landscaping. The funds allocated to cities and towns under the provisions of G.S. 136-41.1 and
G.S. 136-41.2 shall not be expended for the construction of a sidewalk into which is built a
mailbox, utility pole, fire hydrant, or other similar obstruction that would impede the clear
passage of pedestrians on the sidewalk."
FY21 reduction PB Budget
Updated on May 29, 2020
COVID-19 has had a drastic impact on public safety, transportation, healthcare, education, and public services for both employees and citizens. State and local government agencies continue to implement pandemic response strategies.
The North Carolina Department of Transportation (NCDOT)
continues to experience significant revenue losses due in part to our global
pandemic.
In 2019, the NC Legislature passed Session Law 2019-251
which states, in part, that the Department of Transportation, may use any appropriated
funds to pay for unanticipated expenditures from snow and ice removal, and
emergencies. Due to the extreme weather events of the past year, it has
been determined that the FY 2020-21 budget for State Aid to Municipalities will
be reduced by $4,397,199. This will affect all participating Powell Bill
Municipalities.
Per the below session law and approval from OSBM, the
following reduction will be taken effective July 1, 2020:
State Aid to Municipalities – ($4,397,199)
SL 2019-251 SECTION 1.3.(c) G.S. 143C-6-11 is amended by
adding a new subsection to read:
"(d1) Unanticipated Expenditures; Adjustment of
Budget. – In any fiscal year, when all funds allocated for snow and ice
removal, and emergencies are depleted, the Department may, in coordination with
the Office of State Budget and Management (OSBM), reduce the budget for every
departmental division, grant-in-aid, and category of expenditures, excluding
salaries, to pay for any unanticipated expenditures from snow and ice removal,
and emergencies. Within 30 days of an adjustment made pursuant to this
subsection, the Department shall submit a report to the Joint Legislative
Transportation Oversight Committee, and the Fiscal Research Division
The full session law can be found on the NC Legislature’s
website: https://www.ncleg.gov/EnactedLegislation/SessionLaws/PDF/2019-2020/SL2019-251.pdf
If you have any questions, please feel free to
email us at NCDOT_PowellBill@ncdot.gov.
