H.B. 656
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 17, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40210-STf-30
Short Title: Reg. Public Trans. Authority Service Area. (Public)
Sponsors: Representative Reives.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ALLOW A REGIONAL PUBLIC TRANSPORTATION AUTHORITY TO
3 OPERATE A BUSPOOL MORE THAN TEN MILES BEYOND ITS TERRITORIAL
4 JURISDICTION.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. G.S. 160A-610 reads as rewritten:
7 "ยง 160A-610. General powers of the Authority.
8 The general powers of the Authority shall include any or all of the following:
9 (1) To sue and be sued;sued.
10 (2) To have a seal;seal.
11 (3) To make rules and regulations, not inconsistent with this Chapter, for its
12 organization and internal management;management.
13 (4) To employ persons deemed necessary to carry out the functions and duties
14 assigned to them by the Authority and to fix their compensation, within the
15 limit of available funds;funds.
16 (5) With the approval of the unit of local government's chief administrative
17 official, to use officers, employees, agents and facilities of the unit of local
18 government for such purposes and upon such terms as may be mutually
19 agreeable;agreeable.
20 (6) To retain and employ counsel, auditors, engineers and private consultants on
21 an annual salary, contract basis, or otherwise for rendering professional or
22 technical services and advice;advice.
23 (7) To acquire, lease as lessee with or without option to purchase, hold, own, and
24 use any franchise, property, real or personal, tangible or intangible, or any
25 interest therein and to sell, lease as lessor with or without option to purchase,
26 transfer (or dispose thereof) whenever the same is no longer required for
27 purposes of the Authority, or exchange same for other property or rights which
28 are useful for the Authority's purposes, including but not necessarily limited
29 to parking facilities;facilities.
30 (7a) To enhance mobility within the region and promote sound growth patterns
31 through joint transit development projects as generally described by Federal
32 Transit Administration (FTA) policy at 62 Fed. Reg. 12266 (1997) and
33 implementing guidelines in FTA Circular 9300.1A, Appendix B, as the policy
34 and guidance may be amended; and, with respect to the planning,
35 construction, and operation of joint transit development projects, upon the
36 governing board's adoption of policies and procedures to ensure fair and open
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General Assembly Of North Carolina Session 2023
1 competition, to select developers or development teams in substantially the
2 same manner as permitted by G.S. 143-129(h); and to enter into development
3 agreements with public, private, or nonprofit entities to undertake the
4 planning, construction, and operation of joint transit development projects.
5 (8) To acquire by gift, purchase, lease as lessee with or without option to purchase
6 or otherwise to construct, improve, maintain, repair, operate or administer any
7 component parts of a public transportation system or to contract for the
8 maintenance, operation or administration thereof or to lease as lessor the same
9 for maintenance, operation, or administration by private parties, including but
10 not necessarily limited to parking facilities;facilities.
11 (9) To make or enter into contracts, agreements, deeds, leases with or without
12 option to purchase, conveyances or other instruments, including contracts and
13 agreements with the United States, the State of North Carolina, and units of
14 local government;government.
15 (9a) To purchase or finance real or personal property in the manner provided for
16 cities and counties under G.S. 160A-20;G.S. 160A-20.
17 (10) To surrender to the State of North Carolina any property no longer required
18 by the Authority;Authority.
19 (11) To develop and make data, plans, information, surveys and studies of public
20 transportation facilities within the territorial jurisdiction service area of the
21 Authority, to prepare and make recommendations in regard thereto;thereto.
22 (12) To enter in a reasonable manner lands, waters or premises for the purpose of
23 making surveys, soundings, drillings, and examinations whereby such entry
24 shall not be deemed a trespass except that the Authority shall be liable for any
25 actual and consequential damages resulting from such entries;entries.
26 (13) To develop and carry out demonstration projects;projects.
27 (14) To make, enter into, and perform contracts with private parties, and public
28 transportation companies with respect to the management and operation of
29 public passenger transportation;transportation.
30 (15) To make, enter into, and perform contracts with any public utility, railroad or
31 transportation company for the joint use of property or rights, for the
32 establishment of through routes, joint fares or transfer of
33 passengers;passengers.
34 (16) To make, enter into, and perform agreements with governmental entities for
35 payments to the Authority for the transportation of persons for whom the
36 governmental entities desire transportation;transportation.
37 (17) With the consent of the unit of local government which would otherwise have
38 jurisdiction to exercise the powers enumerated in this subdivision: to issue
39 certificates of public convenience and necessity; and to grant franchises and
40 enter into franchise agreements and in all respects to regulate the operation of
41 buses, taxicabs and other methods of public passenger transportation which
42 originate and terminate within the territorial jurisdiction of the Authority as
43 fully as the unit of local government is now or hereafter empowered to do
44 within the territorial jurisdiction of the unit of local government;government.
45 (18) To operate public transportation systems and to enter into and perform
46 contracts to operate public transportation services and facilities and to own or
47 lease property, facilities and equipment necessary or convenient therefor, and
48 to rent, lease or otherwise sell the right to do so to any person, public or
49 private; further, to obtain grants, loans and assistance from the United States,
50 the State of North Carolina, any public body, or any private source
51 whatsoever, but may not operate or contract for the operation of public
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General Assembly Of North Carolina Session 2023
1 transportation systems outside the territorial jurisdiction of the Authority
2 except as provided by subdivision (20) of this section;section.
3 (19) To enter into and perform contracts and agreements with other public
4 transportation authorities, regional public transportation authorities or units of
5 local government pursuant to the provisions of G.S. 160A-460 through
6 160A-464 (Part 1 of Article 20 of Chapter 160A of the General Statutes);
7 further to enter into contracts and agreements with private transportation
8 companies, but this subdivision does not authorize the operation of, or
9 contracting for the operation of, service of a public transportation system
10 outside the service area of the Authority;Authority.
11 (20) To operate public transportation systems extending service into any political
12 subdivision of the State of North Carolina unless a particular unit of local
13 government operating its own public transportation system or franchising the
14 operation of a public transportation system by majority vote of its governing
15 board, shall deny consent, but such service consent. Service provided under
16 this subdivision may not extend more than 10 miles outside of the territorial
17 jurisdiction of the authority, except that vanpool vanpool, buspool, and
18 carpool service shall not be subject to that mileage limitation;limitation.
19 (21) Except as restricted by covenants in bonds, notes, or equipment trust
20 certificates, to set in its sole discretion rates, fees and charges for use of its
21 public transportation system;system.
22 (22) To do all things necessary or convenient to carry out its purpose and to
23 exercise the powers granted to the Authority;Authority.
24 (23) To collect or contract for the collection of taxes which it is authorized by law
25 to levy;levy.
26 (24) To issue bonds or other obligations of the Authority as provided by law and
27 apply the proceeds thereof to the financing of any public transportation system
28 or any part thereof and to refund, whether or not in advance of maturity or the
29 earliest redemption date, any such bonds or other obligations; andobligations.
30 (25) To contract for, or to provide and maintain, with respect to the facilities and
31 property owned, leased with or without option to purchase, operated or under
32 the control of the Authority, and within the territory thereof, a security force
33 to protect persons and property, dispense unlawful or dangerous assemblages
34 and assemblages which obstruct full and free passage, control pedestrian and
35 vehicular traffic, and otherwise preserve and protect the public peace, health,
36 and safety; for these purposes a member of such force shall be a peace officer
37 and, as such, shall have authority equivalent to the authority of a police officer
38 of the city or county in which said member of such force is discharging such
39 duties.
40 (26) To contract for the purchase, lease, or other acquisition of any apparatus,
41 supplies, materials, or equipment for public transit purposes with any person
42 or entity that, within the previous 60 months, after having completed a public
43 formal bid process substantially similar to that required by Article 8 of
44 Chapter 143 of the General Statutes or through the competitive proposal
45 method provided in G.S. 143-129(h), has contracted to furnish the apparatus,
46 supplies, materials, or equipment to any unit or agency approved in
47 G.S. 143-129(g) if the person or entity is willing to furnish the items at the
48 same or more favorable prices, terms, and conditions as those provided under
49 the contract with the other unit or agency. Any purchase made under this
50 section shall be approved by the Board of Trustees as provided in
51 G.S. 143-129(g)."
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General Assembly Of North Carolina Session 2023
1 SECTION 2. G.S. 160A-601(4) reads as rewritten:
2 "(4) "Public transportation" means transportation of passengers whether or not for
3 hire by any means of conveyance, including but not limited to a street or
4 elevated railway or guideway, subway, guideway; subway; motor vehicle or
5 motor bus, carpool bus; carpool, buspool, or vanpool, vanpool; either publicly
6 or privately owned and operated, holding itself out to the general public for
7 the transportation of persons within or working within the territorial
8 jurisdiction service area of the Authority, excluding charter, tour, or
9 sight-seeing service."
10 SECTION 3. This act becomes effective July 1, 2023.
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Statutes affected: Filed: 160A-610, 160A-601
Edition 1: 160A-610, 160A-601