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
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: 706.745 1. The provisions of NRS 706.386 and 706.421 do not apply1-3
to ambulances or hearses.1-4
2. A common motor carrier1-5
purchase of its service by an incorporated city, county or regional1-6
transportation commission is not required to obtain a certificate of public1-7
convenience and necessity to operate a system of public transit consisting1-8
of1-9
(a) Regular routes and fixed schedules1-10
(b) Nonemergency medical transportation of persons to facilitate their1-11
use of a center as defined in NRS 435.170, if the transportation is1-12
available upon request and without regard to regular routes or fixed1-13
schedules;1-14
(c) Nonmedical transportation of disabled persons without regard to1-15
regular routes or fixed schedules; or2-1
(d) In a county whose population is less than 100,000 or an2-2
incorporated city within such a county, nonmedical transportation of2-3
persons if the transportation is available by reservation 1 day in advance2-4
of the transportation and without regard to regular routes or fixed2-5
schedules.2-6
3. Under any agreement for a system of public transit that provides2-7
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
or2-10
(b) If the public entity is unable to do so, the authority shall provide2-11
for any required safety inspections.2-12
4. In addition to the requirements of subsection 3, under an2-13
agreement for a system of public transit that provides for the2-14
transportation of passengers that is described in:2-15
(a) Paragraph (a) of subsection 2, the public entity shall establish the2-16
routes and fares .2-17
2-18
carrier:2-19
(1) May provide transportation to any passenger who can board a2-20
vehicle with minimal assistance from the operator of the vehicle.2-21
(2) Shall not offer medical assistance as part of its transportation2-22
service.2-23
5. A nonprofit carrier of elderly or2-24
2-25
public convenience and necessity to operate as a common motor carrier of2-26
such passengers only, but such a carrier is not exempt from inspection by2-27
the authority to determine whether its vehicles and their operation are safe.2-28
2-29
commission is not required to obtain a certificate of public convenience and2-30
necessity to operate a system of public transportation.2-31
7. Before an incorporated city or a county enters into an agreement2-32
with a common motor carrier for a system of public transit that provides2-33
for the transportation of passengers that is described in paragraph (c) or2-34
(d) of subsection 2 in an area of the incorporated city or an area of the2-35
county, it must determine that:2-36
(a) There are no other common motor carriers of passengers who are2-37
authorized to provide such services in that area; or2-38
(b) Although there are other common motor carriers of passengers2-39
who are authorized to provide such services in the area, the common2-40
motor carriers of passengers do not wish to provide, or are not capable of2-41
providing, such services.3-1
Sec. 2. NRS 277.180 is hereby amended to read as follows: 277.180 1. Any one or more public agencies may contract with any3-3
one or more other public agencies to perform any governmental service,3-4
activity or undertaking which any of the public agencies entering into the3-5
contract is authorized by law to perform. Such a contract3-6
ratified by appropriate official action of the governing body of each party3-7
to the contract as a condition precedent to its entry into force. Such a3-8
contract3-9
and responsibilities of the contracting parties.3-10
2. The authorized purposes of agreements made pursuant to subsection3-11
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 for3-14
the promotion and protection of the health and welfare of the inhabitants of3-15
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, fire3-18
alarm systems, sewage disposal plants, playgrounds, parks and recreational3-19
facilities, and public buildings constructed by or under the supervision of3-20
the board of county commissioners or the city council of the county and3-21
city concerned, upon such terms and agreements, and within such areas3-22
within the county as may be determined, for the promotion and protection3-23
of health, comfort, safety, life, welfare and property of the inhabitants of3-24
the counties and cities.3-25
(c) The joint employment of clerks, stenographers and other employees3-26
in the offices of the city and county auditor, city and county assessor, city3-27
and county treasurer, or any other joint city and county office existing or3-28
hereafter established in the several counties, upon such terms and3-29
conditions as may be determined for the equitable apportionment of the3-30
expenses of the joint city and county office.3-31
(d) The joint and cooperative use of fire-fighting and fire-protection3-32
equipment for the protection of property and the prevention and3-33
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 as3-36
may be determined, for the promotion and protection of the health of the3-37
inhabitants of the county and city through the regulation, control and3-38
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 to3-42
this section shall annually at the time of preparing its budget include an3-43
estimate of the expenses necessary to carry out such agreement, the funds4-1
for which are not made available through grant, gift or other source, and4-2
provide for such expense as other items are provided in its budget. Each4-3
such public agency may furnish property, personnel or services as4-4
necessary to carry out the agreement.4-5
Sec. 3. NRS 373.117 is hereby amended to read as follows: 373.117 1. A regional transportation commission , a county whose4-7
population is less than 100,000 or an incorporated city within such a4-8
county may establish or operate a public transit system consisting of4-9
4-10
(a) Regular routes and fixed schedules to serve the public4-11
(b) Nonemergency medical transportation of persons to facilitate their4-12
use of a center as defined in NRS 435.170, if the transportation is4-13
available upon request and without regard to regular routes or fixed4-14
schedules;4-15
(c) Nonmedical transportation of disabled persons without regard to4-16
regular routes or fixed schedules; or4-17
(d) In a county whose population is less than 100,000 or an4-18
incorporated city within such a county, nonmedical transportation of4-19
persons if the transportation is available by reservation 1 day in advance4-20
of the transportation and without regard to regular routes or fixed4-21
schedules.4-22
2. A regional transportation commission may lease vehicles to or from4-23
or enter into other contracts with a private operator for the provision of4-24
such a system.4-25
3. In a county whose population is less than 400,000, such a system4-26
may also provide service which includes:4-27
(a) Minor deviations from the regular routes and fixed schedules4-28
required by paragraph (a) of subsection 1 on a recurring basis to serve the4-29
public transportation needs of passengers. The deviations must not exceed4-30
one-half mile from the regular routes.4-31
(b) The transporting of persons other than those specified in paragraph4-32
(b), (c) or (d) of subsection 1 upon request without regard to regular routes4-33
or fixed schedules, if the service is provided by a common motor carrier4-34
which has a certificate of public convenience and necessity issued by the4-35
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 by4-37
the transportation services authority for a fully regulated carrier.4-38
4. Notwithstanding the provisions of chapter 332 of NRS or NRS4-39
625.530, a regional transportation commission may utilize a turnkey4-40
procurement process to select a person to design, build, operate and4-41
maintain, or any combination thereof, a fixed guideway system, including,4-42
without limitation, any minimum operable segment thereof. The4-43
commission shall determine whether to utilize turnkey procurement for a5-1
fixed guideway project before the completion of the preliminary5-2
engineering phase of the project. In making that determination, the5-3
commission shall evaluate whether turnkey procurement is the most cost5-4
effective method of constructing the project on schedule and in satisfaction5-5
of its transportation objectives.5-6
5. Notwithstanding the provisions of chapter 332 of NRS, a regional5-7
transportation commission may utilize a competitive negotiation5-8
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 person5-10
whose proposal is determined to be the most advantageous to the5-11
commission, based on price and other factors specified in the procurement5-12
documents.5-13
6. If a commission develops a fixed guideway project, the department5-14
of transportation is hereby designated to serve as the oversight agency to5-15
ensure compliance with the federal safety regulations for rail fixed5-16
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 carrier5-19
of passengers or household goods who is required to obtain from the5-20
transportation services authority a certificate of public convenience and5-21
necessity or a contract carrier’s permit and whose rates, routes and services5-22
are subject to regulation by the transportation services authority.5-23
(b) "Minimum operable segment" means the shortest portion of a fixed5-24
guideway system that is technically capable of providing viable public5-25
transportation between two end points.5-26
(c) "Public transit system" means a system employing motor buses, rails5-27
or any other means of conveyance, by whatever type of power, operated for5-28
public use in the conveyance of persons.5-29
(d) "Turnkey procurement" means a competitive procurement process5-30
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 guideway5-33
system, or a portion thereof, in accordance with performance criteria and5-34
technical specifications established by the commission.5-35
Sec. 4. NRS 377A.130 is hereby amended to read as follows: 377A.130 A public transit system may, in addition to providing local5-37
transportation within a county, provide:5-38
1. Services to assist commuters in communicating with others to share5-39
rides;5-40
2. Transportation for elderly persons and the handicapped5-41
including, without limitation, nonemergency medical transportation of5-42
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;6-1
4. Stations and other necessary facilities to ensure the comfort and6-2
safety of passengers6-3
5. Transportation that is available pursuant to NRS 373.117.6-4
Sec. 5. NRS 377A.140 is hereby amended to read as follows: 377A.140 1. Except as otherwise provided in subsection 2, a public6-6
transit system in a county whose population is 400,000 or more may, in6-7
addition to providing local transportation within the county and the services6-8
described in NRS 377A.130, provide:6-9
(a) Programs to reduce or manage motor vehicle traffic; and6-10
(b) Any other services for a public transit system which are requested by6-11
the general public,6-12
if those additional services are included and described in a long-range plan6-13
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-call6-16
public transit system that provides the nonemergency medical6-17
transportation described in NRS 377A.130, the commission must receive a6-18
determination from the transportation services authority that:6-19
(a) There are no common motor carriers of passengers who are6-20
authorized to provide on-call operations for transporting passengers in that6-21
area; or6-22
(b) Although there are common motor carriers of passengers who are6-23
authorized to provide on-call operations for transporting passengers in the6-24
area, the common motor carriers of passengers do not wish to provide, or6-25
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 to6-28
it in NRS 706.041.6-29
(b) "On-call public transit system" means a system established to6-30
transport passengers only upon the request of a person who needs6-31
transportation.6-32
Sec. 6. This act becomes effective on July 1, 1999.~