Senate Bill No. 276–Senator Titus

 

March 13, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Makes various changes to provisions relating to California-Nevada Super Speed Ground Transportation Commission. (BDR 58‑820)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to railroads; requiring that the route and terminals selected by the California-Nevada Super Speed Ground Transportation Commission must be approved by the appropriate governmental agencies in the state where
the route and terminals are located; designating the Commission as an agency of this state under certain circumstances; 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. Chapter 705 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  The Commission is hereby designated as an agency of the State

1-4  of Nevada for the purposes of carrying out the provisions of this

1-5  section and NRS 705.4291 to 705.4296, inclusive.

1-6  Sec. 2.  NRS 705.4292 is hereby amended to read as follows:

1-7  705.4292  As used in NRS 705.4291 to 705.4296, inclusive,

1-8  and section 1 of this act, unless the context otherwise requires:

1-9  1.  “Commission” means the California-Nevada Super Speed

1-10  Ground Transportation Commission.

1-11      2.  “Southern California” means the counties of Los Angeles,

1-12  Orange, Riverside and San Bernardino.

2-1  3.  “Super Speed Ground Transportation System” means a

2-2  system that:

2-3  (a) Is capable of sustained speeds of at least 240 miles per hour;

2-4  (b) Uses magnetic levitation technology;

2-5  (c) Carries primarily passengers; and

2-6  (d) Operates on a grade-separated, dedicated guideway.

2-7  Sec. 3.  NRS 705.4293 is hereby amended to read as follows:

2-8  705.4293  1.  There is hereby created the California-Nevada

2-9  Super Speed Ground Transportation Commission as a separate legal

2-10  entity. The governing body of the Commission consists of:

2-11      (a) The members from California appointed pursuant to the law

2-12  of California[.] and the bylaws of the Commission.

2-13      (b) The same number of members from Nevada as are from

2-14  California, appointed by the Governor of Nevada.

2-15      2.  The members from Nevada serve for terms of 4 years and

2-16  may be reappointed at the pleasure of the Governor.

2-17      3.  The Commission shall elect one of its members [to be] as

2-18  Chairman.

2-19      Sec. 4.  NRS 705.4294 is hereby amended to read as follows:

2-20      705.4294  1.  The Commission may:

2-21      (a) Subject to the provisions of subsection 2, secure a right-of-

2-22  way and award a franchise for the construction and operation of a

2-23  Super Speed Ground Transportation System principally following

2-24  the route of Interstate Highway No. 15 between Las Vegas, Nevada,

2-25  and a point in southern California.

2-26      (b) Acquire or gain control or use of land for rights-of-way,

2-27  stations and ancillary uses through purchase, gift, lease, use permit

2-28  or easement.

2-29      (c) Conduct engineering and other studies related to the

2-30  selection and acquisition of rights-of-way and the selection of a

2-31  franchisee, including, but not limited to, environmental impact

2-32  studies, socioeconomic impact studies and financial feasibility

2-33  studies. All local, state and federal environmental requirements must

2-34  be met by the Commission.

2-35      (d) Evaluate alternative technologies, systems[,] and operators

2-36  for a Super Speed Ground Transportation System, and select a

2-37  franchisee to construct and operate the Super Speed Ground

2-38  Transportation System between southern California and Las Vegas.

2-39      (e) Establish criteria for the award of the franchise.

2-40      (f) Accept grants, gifts, fees and allocations from Nevada or its

2-41  political subdivisions, the Federal Government, foreign

2-42  governments and any private source.

2-43      (g) Issue debt, but this debt does not constitute an obligation of

2-44  the State of California or the State of Nevada, or any of their

2-45  political subdivisions.

3-1  (h) Hire an Executive Officer, other staff and any consultants

3-2  deemed appropriate.

3-3  (i) Select the exact route and terminal sites.

3-4  (j) Obtain, or assist the selected franchisee in obtaining, all

3-5  necessary permits and certificates from governmental entities in

3-6  California and Nevada.

3-7  2.  Before the:

3-8  (a) Commission or a franchisee begins construction[;] in

3-9  Nevada; and

3-10      (b) Receipt of any final certificates and permits necessary for the

3-11  construction or use of a public right-of-way,

3-12  the route and terminals selected by the Commission must be

3-13  [ratified] approved by the [California Legislature and the Nevada

3-14  Legislature, or the California Legislature and the Legislative

3-15  Commission if the Nevada Legislature is not in session.]

3-16  appropriate local, regional and state governmental entities in

3-17  Nevada which have jurisdiction over the route and terminals

3-18  located in this state. As a condition of awarding a franchise, the

3-19  Commission shall require the franchisee to comply with this

3-20  subsection.

3-21      3.  Before the:

3-22      (a) Commission or a franchisee begins construction in

3-23  California; and

3-24      (b) Receipt of any final certificates and permits necessary for

3-25  the construction or use of a public right-of-way,

3-26  the route and terminals selected by the Commission must be

3-27  approved by the appropriate local, regional and state

3-28  governmental entities in California which have jurisdiction over

3-29  the route and terminals located in that state. As a condition of

3-30  awarding a franchise, the Commission shall require the

3-31  franchisee to comply with this subsection.

3-32      Sec. 5.  1.  This act becomes effective on July 1, 2003.

3-33      2.  Sections 1 to 4, inclusive, of this act expire by limitation:

3-34      (a) One year after the date on which the Governor declares by

3-35  public proclamation that the Super Speed Ground Transportation

3-36  System connecting southern California with southern Nevada has

3-37  been completed; or

3-38      (b) On the date all borrowing made pursuant to NRS 705.42955

3-39  is retired,

3-40  whichever is later.

 

3-41  H