H 363

GENERAL ASSEMBLY OF NORTH CAROLINA
  SESSION 2025
 H  1
  HOUSE BILL 363
 Short Title:   Reg. Public Trans. Authority Service Area.  (Public)
 Sponsors:      Representatives Reives, Penny, White, and Price (Primary Sponsors).
  For a complete list of sponsors, refer to the North Carolina General Assembly web site.
 Referred to:   State and Local Government, if favorable, Finance, if favorable, Rules, Calendar,
  and Operations of the House
  March 12, 2025
1A 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:
6SECTION 1. G.S. 160A-610 reads as rewritten:
7 "§ 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
12organization and internal management;management.
13(4)    To employ persons deemed necessary to carry out the functions and duties
14assigned to them by the Authority and to fix their compensation, within the
15limit of available funds;funds.
16(5)    With the approval of the unit of local government's chief administrative
17official, to use officers, employees, agents and facilities of the unit of local
18government for such purposes and upon such terms as may be mutually
19agreeable;agreeable.
20(6)    To retain and employ counsel, auditors, engineers and private consultants on
21an annual salary, contract basis, or otherwise for rendering professional or
22technical services and advice;advice.
23(7)    To acquire, lease as lessee with or without option to purchase, hold, own, and
24use any franchise, property, real or personal, tangible or intangible, or any
25interest therein and to sell, lease as lessor with or without option to purchase,
26transfer (or dispose thereof) whenever the same is no longer required for
27purposes of the Authority, or exchange same for other property or rights which
28are useful for the Authority's purposes, including but not necessarily limited
29to parking facilities;facilities.
30(7a) To enhance mobility within the region and promote sound growth patterns
31through joint transit development projects as generally described by Federal
32Transit Administration (FTA) policy at 62 Fed. Reg. 12266 (1997) and
33implementing guidelines in FTA Circular 9300.1A, Appendix B, as the policy
34and guidance may be amended; and, with respect to the planning,
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 General Assembly Of North Carolina  Session 2025
1construction, and operation of joint transit development projects, upon the
2governing board's adoption of policies and procedures to ensure fair and open
3competition, to select developers or development teams in substantially the
4same manner as permitted by G.S. 143-129(h); and to enter into development
5agreements with public, private, or nonprofit entities to undertake the
6planning, construction, and operation of joint transit development projects.
7(8)    To acquire by gift, purchase, lease as lessee with or without option to purchase
8or otherwise to construct, improve, maintain, repair, operate or administer any
9component parts of a public transportation system or to contract for the
10maintenance, operation or administration thereof or to lease as lessor the same
11for maintenance, operation, or administration by private parties, including but
12not necessarily limited to parking facilities;facilities.
13(9)    To make or enter into contracts, agreements, deeds, leases with or without
14option to purchase, conveyances or other instruments, including contracts and
15agreements with the United States, the State of North Carolina, and units of
16local government;government.
17(9a)   To purchase or finance real or personal property in the manner provided for
18cities and counties under G.S. 160A-20;G.S. 160A-20.
19(10)   To surrender to the State of North Carolina any property no longer required
20by the Authority;Authority.
21(11)   To develop and make data, plans, information, surveys and studies of public
22transportation facilities within the territorial jurisdiction service area of the
23Authority, to prepare and make recommendations in regard thereto;thereto.
24(12)   To enter in a reasonable manner lands, waters or premises for the purpose of
25making surveys, soundings, drillings, and examinations whereby such entry
26shall not be deemed a trespass except that the Authority shall be liable for any
27actual and consequential damages resulting from such entries;entries.
28(13)   To develop and carry out demonstration projects;projects.
29(14)   To make, enter into, and perform contracts with private parties, and public
30transportation companies with respect to the management and operation of
31public passenger transportation;transportation.
32(15)   To make, enter into, and perform contracts with any public utility, railroad or
33transportation company for the joint use of property or rights, for the
34establishment of through routes, joint fares or transfer of
35passengers;passengers.
36(16)   To make, enter into, and perform agreements with governmental entities for
37payments to the Authority for the transportation of persons for whom the
38governmental entities desire transportation;transportation.
39(17)   With the consent of the unit of local government which would otherwise have
40jurisdiction to exercise the powers enumerated in this subdivision: to issue
41certificates of public convenience and necessity; and to grant franchises and
42enter into franchise agreements and in all respects to regulate the operation of
43buses, taxicabs and other methods of public passenger transportation which
44originate and terminate within the territorial jurisdiction of the Authority as
45fully as the unit of local government is now or hereafter empowered to do
46within the territorial jurisdiction of the unit of local government;government.
47(18)   To operate public transportation systems and to enter into and perform
48contracts to operate public transportation services and facilities and to own or
49lease property, facilities and equipment necessary or convenient therefor, and
50to rent, lease or otherwise sell the right to do so to any person, public or
51private; further, to obtain grants, loans and assistance from the United States,
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1the State of North Carolina, any public body, or any private source
2whatsoever, but may not operate or contract for the operation of public
3transportation systems outside the territorial jurisdiction of the Authority
4except as provided by subdivision (20) of this section;section.
5(19)   To enter into and perform contracts and agreements with other public
6transportation authorities, regional public transportation authorities or units of
7local government pursuant to the provisions of G.S. 160A-460 through
8160A-464 (Part 1 of Article 20 of Chapter 160A of the General Statutes);
9further to enter into contracts and agreements with private transportation
10companies, but this subdivision does not authorize the operation of, or
11contracting for the operation of, service of a public transportation system
12outside the service area of the Authority;Authority.
13(20)   To operate public transportation systems extending service into any political
14subdivision of the State of North Carolina unless a particular unit of local
15government operating its own public transportation system or franchising the
16operation of a public transportation system by majority vote of its governing
17board, shall deny consent, but such service consent. Service provided under
18this subdivision may not extend more than 10 miles outside of the territorial
19jurisdiction of the authority, except that vanpool vanpool, buspool, and
20carpool service shall not be subject to that mileage limitation;limitation.
21(21)   Except as restricted by covenants in bonds, notes, or equipment trust
22certificates, to set in its sole discretion rates, fees and charges for use of its
23public transportation system;system.
24(22)   To do all things necessary or convenient to carry out its purpose and to
25exercise the powers granted to the Authority;Authority.
26(23)   To collect or contract for the collection of taxes which it is authorized by law
27to levy;levy.
28(24)   To issue bonds or other obligations of the Authority as provided by law and
29apply the proceeds thereof to the financing of any public transportation system
30or any part thereof and to refund, whether or not in advance of maturity or the
31earliest redemption date, any such bonds or other obligations; andobligations.
32(25)   To contract for, or to provide and maintain, with respect to the facilities and
33property owned, leased with or without option to purchase, operated or under
34the control of the Authority, and within the territory thereof, a security force
35to protect persons and property, dispense unlawful or dangerous assemblages
36and assemblages which obstruct full and free passage, control pedestrian and
37vehicular traffic, and otherwise preserve and protect the public peace, health,
38and safety; for these purposes a member of such force shall be a peace officer
39and, as such, shall have authority equivalent to the authority of a police officer
40of the city or county in which said member of such force is discharging such
41duties.
42(26)   To contract for the purchase, lease, or other acquisition of any apparatus,
43supplies, materials, or equipment for public transit purposes with any person
44or entity that, within the previous 60 months, after having completed a public
45formal bid process substantially similar to that required by Article 8 of
46Chapter 143 of the General Statutes or through the competitive proposal
47method provided in G.S. 143-129(h), has contracted to furnish the apparatus,
48supplies, materials, or equipment to any unit or agency approved in
49G.S. 143-129(g) if the person or entity is willing to furnish the items at the
50same or more favorable prices, terms, and conditions as those provided under
51the contract with the other unit or agency. Any purchase made under this
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1section shall be approved by the Board of Trustees as provided in
2G.S. 143-129(g)."
3SECTION 2. G.S. 160A-601(4) reads as rewritten:
4"(4) "Public transportation" means transportation of passengers whether or not for
5hire by any means of conveyance, including but not limited to a street or
6elevated railway or guideway, subway, guideway; subway; motor vehicle or
7motor bus, carpool bus; carpool, buspool, or vanpool, vanpool; either publicly
8or privately owned and operated, holding itself out to the general public for
9the transportation of persons within or working within the territorial
10jurisdiction service area of the Authority, excluding charter, tour, or
11sight-seeing service."
12SECTION 3. This act becomes effective July 1, 2025.
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