Assembly Bill No. 628–Committee on Transportation

March 19, 1999

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Referred to Committee on Transportation

 

SUMMARY—Revises provisions governing public transit. (BDR 58-1602)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public transit; exempting a common motor carrier that operates a public transit system which provides certain transportation services from the requirement of obtaining a certificate of public convenience and necessity under certain circumstances; expanding the authorized purposes of interlocal contracts to include the joint use or operation of a system of public transportation; authorizing a regional transportation commission, certain less populous counties and incorporated cities within such counties to establish or operate a public transit system that provides certain services to serve certain specified persons and the public; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 706.745 is hereby amended to read as follows:

1-2 706.745 1. The provisions of NRS 706.386 and 706.421 do not apply

1-3 to ambulances or hearses.

1-4 2. A common motor carrier [who] that enters into an agreement for the

1-5 purchase of its service by an incorporated city, county or regional

1-6 transportation commission is not required to obtain a certificate of public

1-7 convenience and necessity to operate a system of public transit consisting

1-8 of [regular] :

1-9 (a) Regular routes and fixed schedules [. Under such an agreement,] ;

1-10 (b) Nonemergency medical transportation of persons to facilitate their

1-11 use of a center as defined in NRS 435.170, if the transportation is

1-12 available upon request and without regard to regular routes or fixed

1-13 schedules;

1-14 (c) Nonmedical transportation of disabled persons without regard to

1-15 regular routes or fixed schedules; or

2-1 (d) In a county whose population is less than 100,000 or an

2-2 incorporated city within such a county, nonmedical transportation of

2-3 persons if the transportation is available by reservation 1 day in advance

2-4 of the transportation and without regard to regular routes or fixed

2-5 schedules.

2-6 3. Under any agreement for a system of public transit that provides

2-7 for the transportation of passengers that is described in subsection 2:

2-8 (a) The public entity shall provide for any required safety inspections;

2-9 or

2-10 (b) If the public entity is unable to do so, the authority shall provide

2-11 for any required safety inspections.

2-12 4. In addition to the requirements of subsection 3, under an

2-13 agreement for a system of public transit that provides for the

2-14 transportation of passengers that is described in:

2-15 (a) Paragraph (a) of subsection 2, the public entity shall establish the

2-16 routes and fares . [and provide for any required safety inspections.

2-17 3.] (b) Paragraph (c) or (d) of subsection 2, the common motor

2-18 carrier:

2-19 (1) May provide transportation to any passenger who can board a

2-20 vehicle with minimal assistance from the operator of the vehicle.

2-21 (2) Shall not offer medical assistance as part of its transportation

2-22 service.

2-23 5. A nonprofit carrier of elderly or [physically or mentally

2-24 handicapped] disabled persons is not required to obtain a certificate of

2-25 public convenience and necessity to operate as a common motor carrier of

2-26 such passengers only, but such a carrier is not exempt from inspection by

2-27 the authority to determine whether its vehicles and their operation are safe.

2-28 [4.] 6. An incorporated city, county or regional transportation

2-29 commission is not required to obtain a certificate of public convenience and

2-30 necessity to operate a system of public transportation.

2-31 7. Before an incorporated city or a county enters into an agreement

2-32 with a common motor carrier for a system of public transit that provides

2-33 for the transportation of passengers that is described in paragraph (c) or

2-34 (d) of subsection 2 in an area of the incorporated city or an area of the

2-35 county, it must determine that:

2-36 (a) There are no other common motor carriers of passengers who are

2-37 authorized to provide such services in that area; or

2-38 (b) Although there are other common motor carriers of passengers

2-39 who are authorized to provide such services in the area, the common

2-40 motor carriers of passengers do not wish to provide, or are not capable of

2-41 providing, such services.

3-1 Sec. 2. NRS 277.180 is hereby amended to read as follows:

3-2 277.180 1. Any one or more public agencies may contract with any

3-3 one or more other public agencies to perform any governmental service,

3-4 activity or undertaking which any of the public agencies entering into the

3-5 contract is authorized by law to perform. Such a contract [shall] must be

3-6 ratified by appropriate official action of the governing body of each party

3-7 to the contract as a condition precedent to its entry into force. Such a

3-8 contract [shall] must set forth fully the purposes, powers, rights, objectives

3-9 and responsibilities of the contracting parties.

3-10 2. The authorized purposes of agreements made pursuant to subsection

3-11 1 include , but are not limited to:

3-12 (a) The joint use of hospitals, road construction and repair equipment,

3-13 and such other facilities or services as may and can be reasonably used for

3-14 the promotion and protection of the health and welfare of the inhabitants of

3-15 this state.

3-16 (b) The joint use of county and city personnel, equipment and facilities,

3-17 including sewer systems, drainage systems, street lighting systems, fire

3-18 alarm systems, sewage disposal plants, playgrounds, parks and recreational

3-19 facilities, and public buildings constructed by or under the supervision of

3-20 the board of county commissioners or the city council of the county and

3-21 city concerned, upon such terms and agreements, and within such areas

3-22 within the county as may be determined, for the promotion and protection

3-23 of health, comfort, safety, life, welfare and property of the inhabitants of

3-24 the counties and cities.

3-25 (c) The joint employment of clerks, stenographers and other employees

3-26 in the offices of the city and county auditor, city and county assessor, city

3-27 and county treasurer, or any other joint city and county office existing or

3-28 hereafter established in the several counties, upon such terms and

3-29 conditions as may be determined for the equitable apportionment of the

3-30 expenses of the joint city and county office.

3-31 (d) The joint and cooperative use of fire-fighting and fire-protection

3-32 equipment for the protection of property and the prevention and

3-33 suppression of fire.

3-34 (e) The joint use of county and city personnel, equipment and facilities,

3-35 upon such terms and conditions, and within such areas within the county as

3-36 may be determined, for the promotion and protection of the health of the

3-37 inhabitants of the county and city through the regulation, control and

3-38 prohibition of the excessive emission of dense smoke and air pollution.

3-39 (f) The joint and cooperative use of law enforcement agencies.

3-40 (g) The joint use or operation of a system of public transportation.

3-41 3. Each public agency which has entered into an agreement pursuant to

3-42 this section shall annually at the time of preparing its budget include an

3-43 estimate of the expenses necessary to carry out such agreement, the funds

4-1 for which are not made available through grant, gift or other source, and

4-2 provide for such expense as other items are provided in its budget. Each

4-3 such public agency may furnish property, personnel or services as

4-4 necessary to carry out the agreement.

4-5 Sec. 3. NRS 373.117 is hereby amended to read as follows:

4-6 373.117 1. A regional transportation commission , a county whose

4-7 population is less than 100,000 or an incorporated city within such a

4-8 county may establish or operate a public transit system consisting of

4-9 [regular] :

4-10 (a) Regular routes and fixed schedules to serve the public [.] ;

4-11 (b) Nonemergency medical transportation of persons to facilitate their

4-12 use of a center as defined in NRS 435.170, if the transportation is

4-13 available upon request and without regard to regular routes or fixed

4-14 schedules;

4-15 (c) Nonmedical transportation of disabled persons without regard to

4-16 regular routes or fixed schedules; or

4-17 (d) In a county whose population is less than 100,000 or an

4-18 incorporated city within such a county, nonmedical transportation of

4-19 persons if the transportation is available by reservation 1 day in advance

4-20 of the transportation and without regard to regular routes or fixed

4-21 schedules.

4-22 2. A regional transportation commission may lease vehicles to or from

4-23 or enter into other contracts with a private operator for the provision of

4-24 such a system.

4-25 3. In a county whose population is less than 400,000, such a system

4-26 may also provide service which includes:

4-27 (a) Minor deviations from the regular routes and fixed schedules

4-28 required by paragraph (a) of subsection 1 on a recurring basis to serve the

4-29 public transportation needs of passengers. The deviations must not exceed

4-30 one-half mile from the regular routes.

4-31 (b) The transporting of persons other than those specified in paragraph

4-32 (b), (c) or (d) of subsection 1 upon request without regard to regular routes

4-33 or fixed schedules, if the service is provided by a common motor carrier

4-34 which has a certificate of public convenience and necessity issued by the

4-35 transportation services authority pursuant to NRS 706.386 to 706.411,

4-36 inclusive, and the service is subject to the rules and regulations adopted by

4-37 the transportation services authority for a fully regulated carrier.

4-38 4. Notwithstanding the provisions of chapter 332 of NRS or NRS

4-39 625.530, a regional transportation commission may utilize a turnkey

4-40 procurement process to select a person to design, build, operate and

4-41 maintain, or any combination thereof, a fixed guideway system, including,

4-42 without limitation, any minimum operable segment thereof. The

4-43 commission shall determine whether to utilize turnkey procurement for a

5-1 fixed guideway project before the completion of the preliminary

5-2 engineering phase of the project. In making that determination, the

5-3 commission shall evaluate whether turnkey procurement is the most cost

5-4 effective method of constructing the project on schedule and in satisfaction

5-5 of its transportation objectives.

5-6 5. Notwithstanding the provisions of chapter 332 of NRS, a regional

5-7 transportation commission may utilize a competitive negotiation

5-8 procurement process to procure rolling stock for a fixed guideway project.

5-9 The award of a contract under such a process must be made to the person

5-10 whose proposal is determined to be the most advantageous to the

5-11 commission, based on price and other factors specified in the procurement

5-12 documents.

5-13 6. If a commission develops a fixed guideway project, the department

5-14 of transportation is hereby designated to serve as the oversight agency to

5-15 ensure compliance with the federal safety regulations for rail fixed

5-16 guideway systems set forth in 49 C.F.R. Part 659.

5-17 7. As used in this section:

5-18 (a) "Fully regulated carrier" means a common carrier or contract carrier

5-19 of passengers or household goods who is required to obtain from the

5-20 transportation services authority a certificate of public convenience and

5-21 necessity or a contract carrier’s permit and whose rates, routes and services

5-22 are subject to regulation by the transportation services authority.

5-23 (b) "Minimum operable segment" means the shortest portion of a fixed

5-24 guideway system that is technically capable of providing viable public

5-25 transportation between two end points.

5-26 (c) "Public transit system" means a system employing motor buses, rails

5-27 or any other means of conveyance, by whatever type of power, operated for

5-28 public use in the conveyance of persons.

5-29 (d) "Turnkey procurement" means a competitive procurement process

5-30 by which a person is selected by a regional transportation commission,

5-31 based on evaluation criteria established by the commission, to design,

5-32 build, operate and maintain, or any combination thereof, a fixed guideway

5-33 system, or a portion thereof, in accordance with performance criteria and

5-34 technical specifications established by the commission.

5-35 Sec. 4. NRS 377A.130 is hereby amended to read as follows:

5-36 377A.130 A public transit system may, in addition to providing local

5-37 transportation within a county, provide:

5-38 1. Services to assist commuters in communicating with others to share

5-39 rides;

5-40 2. Transportation for elderly persons and the handicapped [;] ,

5-41 including, without limitation, nonemergency medical transportation of

5-42 persons to facilitate their use of a center as defined in NRS 435.170;

5-43 3. Parking for the convenience of passengers on the system; [and]

6-1 4. Stations and other necessary facilities to ensure the comfort and

6-2 safety of passengers [.] ; and

6-3 5. Transportation that is available pursuant to NRS 373.117.

6-4 Sec. 5. NRS 377A.140 is hereby amended to read as follows:

6-5 377A.140 1. Except as otherwise provided in subsection 2, a public

6-6 transit system in a county whose population is 400,000 or more may, in

6-7 addition to providing local transportation within the county and the services

6-8 described in NRS 377A.130, provide:

6-9 (a) Programs to reduce or manage motor vehicle traffic; and

6-10 (b) Any other services for a public transit system which are requested by

6-11 the general public,

6-12 if those additional services are included and described in a long-range plan

6-13 adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

6-14 2. Before a regional transportation commission may provide for an on-

6-15 call public transit system in an area of the county, other than an on-call

6-16 public transit system that provides the nonemergency medical

6-17 transportation described in NRS 377A.130, the commission must receive a

6-18 determination from the transportation services authority that:

6-19 (a) There are no common motor carriers of passengers who are

6-20 authorized to provide on-call operations for transporting passengers in that

6-21 area; or

6-22 (b) Although there are common motor carriers of passengers who are

6-23 authorized to provide on-call operations for transporting passengers in the

6-24 area, the common motor carriers of passengers do not wish to provide, or

6-25 are not capable of providing, those operations.

6-26 3. As used in this section:

6-27 (a) "Common motor carrier of passengers" has the meaning ascribed to

6-28 it in NRS 706.041.

6-29 (b) "On-call public transit system" means a system established to

6-30 transport passengers only upon the request of a person who needs

6-31 transportation.

6-32 Sec. 6. This act becomes effective on July 1, 1999.

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