Reg. Public Trans. Authority Service Area.

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
*H363-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW A RE GIONAL PUBLIC TRANSP ORTATION AUTHORITY T O 2
OPERATE A BUSPOOL MO RE THAN TEN MILES BE YOND ITS TERRITORIAL 3
JURISDICTION. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 160A-610 reads as rewritten: 6
"§ 160A-610. General powers of the Authority. 7
The general powers of the Authority shall include any or all of the following: 8
(1) To sue and be sued;sued. 9
(2) To have a seal;seal. 10
(3) To make rules and regulations, not inconsistent with this Chapter, for its 11
organization and internal management;management. 12
(4) To employ persons deemed necessary to carry out the functions and duties 13
assigned to them by the Authority and to fix their compensation, within the 14
limit of available funds;funds. 15
(5) With the approval of the unit of local government's chief administrative 16
official, to use officers, employees, agents and facilities of the unit of local 17
government for such purposes and upon such terms as may be mutually 18
agreeable;agreeable. 19
(6) To retain and employ counsel, auditors, engineers and private consultants on 20
an annual salary, contract basis, or otherwise for rendering professional or 21
technical services and advice;advice. 22
(7) To acquire, lease as lessee with or without option to purchase, hold, own, and 23
use any franchise, property, real or personal, tangible or intangible, or any 24
interest therein and to sell, lease as lessor with or without option to purchase, 25
transfer (or dispose thereof) whenever the same is no longer required for 26
purposes of the Authority, or exchange same for other property or rights which 27
are useful for the Authority's purposes, including but not necessarily limited 28
to parking facilities;facilities. 29
(7a) To enhance mobility within the region and promote sound growth patterns 30
through joint transit development projects as generally described by Federal 31
Transit Administration (FTA) policy at 62 Fed. Reg. 12266 (1997) and 32
implementing guidelines in FTA Circular 9300.1A, Appendix B, as the policy 33
and guidance may be amended; and, with respect to th e planning, 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 363-First Edition
construction, and operation of joint transit development projects, upon the 1
governing board's adoption of policies and procedures to ensure fair and open 2
competition, to select developers or development teams in substantially the 3
same manner as permitted by G.S. 143-129(h); and to enter into development 4
agreements with public, private, or nonprofit entities to undertake the 5
planning, construction, and operation of joint transit development projects. 6
(8) To acquire by gift, purchase, lease as lessee with or without option to purchase 7
or otherwise to construct, improve, maintain, repair, operate or administer any 8
component parts of a public transportation system or to contract for the 9
maintenance, operation or administration thereof or to lease as lessor the same 10
for maintenance, operation, or administration by private parties, including but 11
not necessarily limited to parking facilities;facilities. 12
(9) To make or enter into contracts, agreements, deeds, leases with or without 13
option to purchase, conveyances or other instruments, including contracts and 14
agreements with the United States, the State of North Carolina, and units of 15
local government;government. 16
(9a) To purchase or finance real or personal property in the manner provided for 17
cities and counties under G.S. 160A-20;G.S. 160A-20. 18
(10) To surrender to the State of North Carolina any property no longer required 19
by the Authority;Authority. 20
(11) To develop and make data, plans, information, surveys and studies of public 21
transportation facilities w ithin the territorial jurisdiction service area of the 22
Authority, to prepare and make recommendations in regard thereto;thereto. 23
(12) To enter in a reasonable manner lands, waters or premises for the purpose of 24
making surveys, soundings, drillings, and examinations whereby such entry 25
shall not be deemed a trespass except that the Authority shall be liable for any 26
actual and consequential damages resulting from such entries;entries. 27
(13) To develop and carry out demonstration projects;projects. 28
(14) To make, enter into, and perform contracts with private parties, and public 29
transportation companies with respect to the management and operat ion of 30
public passenger transportation;transportation. 31
(15) To make, enter into, and perform contracts with any public utility, railroad or 32
transportation company for the joint use of property or rights, for the 33
establishment of through routes, joint fares or transfer of 34
passengers;passengers. 35
(16) To make, enter into, and perform agreements with governmental entities for 36
payments to the Authority for the transportation of persons for whom the 37
governmental entities desire transportation;transportation. 38
(17) With the consent of the unit of local government which would otherwise have 39
jurisdiction to exercise the powers enumerated in this subdivision: to issue 40
certificates of public convenience and necessity; and to grant franchises and 41
enter into franchise agreements and in all respects to regulate the operation of 42
buses, taxicabs and other methods of public passenger transportation which 43
originate and terminate within the territorial jurisdiction of the Authority as 44
fully as the unit of local government is now or hereafter empowered to do 45
within the territorial jurisdiction of the unit of local government;government. 46
(18) To operate public transportation systems and to enter into and perform 47
contracts to operate public transportation services and facilities and to own or 48
lease property, facilities and equipment necessary or convenient therefor, and 49
to rent, lease or otherwi se sell the right to do so to any person, public or 50
private; further, to obtain grants, loans and assistance from the United States, 51
General Assembly Of North Carolina Session 2025
House Bill 363-First Edition Page 3
the State of North Carolina, any public body, or any private source 1
whatsoever, but may not operate or contract for the ope ration of public 2
transportation systems outside the territorial jurisdiction of the Authority 3
except as provided by subdivision (20) of this section;section. 4
(19) To enter into and perform contracts and agreements with other public 5
transportation authorities, regional public transportation authorities or units of 6
local government pursuant to the provisions of G.S. 160A-460 through 7
160A-464 (Part 1 of Article 20 of Chapter 160A of the General Statutes); 8
further to enter into contracts and agreements with pri vate transportation 9
companies, but this subdivision does not authorize the operation of, or 10
contracting for the operation of, service of a public transportation system 11
outside the service area of the Authority;Authority. 12
(20) To operate public transportation systems extending service into any political 13
subdivision of the State of North Carolina unless a particular unit of local 14
government operating its own public transportation system or franchising the 15
operation of a public transportation system by majorit y vote of its governing 16
board, shall deny consent, but such service consent. Service provided under 17
this subdivision may not extend more than 10 miles outside of the territorial 18
jurisdiction of the authority, except that vanpool vanpool, buspool, and 19
carpool service shall not be subject to that mileage limitation;limitation. 20
(21) Except as restricted by covenants in bonds, notes, or equipment trust 21
certificates, to set in its sole discretion rates, fees and charges for use of its 22
public transportation system;system. 23
(22) To do all things necessary or convenient to carry out its purpose and to 24
exercise the powers granted to the Authority;Authority. 25
(23) To collect or contract for the collection of taxes which it is authorized by law 26
to levy;levy. 27
(24) To issue bonds or other obligations of the Authority as provided by law and 28
apply the proceeds thereof to the financing of any public transportation system 29
or any part thereof and to refund, whether or not in advance of maturity or the 30
earliest redemption date, any such bonds or other obligations; andobligations. 31
(25) To contract for, or to provide and maintain, with respect to the facilities and 32
property owned, leased with or without option to purchase, operated or under 33
the control of the Authority, and within the territory thereof, a security force 34
to protect persons and property, dispense unlawful or dangerous assemblages 35
and assemblages which obstruct full and free passage, control pedestrian and 36
vehicular traffic, and otherwise preserve and protect the public peace, health, 37
and safety; for these purposes a member of such force shall be a peace officer 38
and, as such, shall have authority equivalent to the authority of a police officer 39
of the city or county in which said member of such force is dischargi ng such 40
duties. 41
(26) To contract for the purchase, lease, or other acquisition of any apparatus, 42
supplies, materials, or equipment for public transit purposes with any person 43
or entity that, within the previous 60 months, after having completed a public 44
formal bid process substantially similar to that required by Article 8 of 45
Chapter 143 of the General Statutes or through the competitive proposal 46
method provided in G.S. 143-129(h), has contracted to furnish the apparatus, 47
supplies, materials, or equipment t o any unit or agency approved in 48
G.S. 143-129(g) if the person or entity is willing to furnish the items at the 49
same or more favorable prices, terms, and conditions as those provided under 50
the contract with the other unit or agency. Any purchase made under this 51
General Assembly Of North Carolina Session 2025
Page 4 House Bill 363-First Edition
section shall be approved by the Board of Trustees as provided in 1
G.S. 143-129(g)." 2
SECTION 2. G.S. 160A-601(4) reads as rewritten: 3
"(4) "Public transportation" means transportation of passengers whether or not for 4
hire by any means of conveyance, i ncluding but not limited to a street or 5
elevated railway or guideway, subway, guideway; subway; motor vehicle or 6
motor bus, carpool bus; carpool, buspool, or vanpool, vanpool; either publicly 7
or privately owned and operated, holding itself out to the general public for 8
the transportation of persons within or working within the territorial 9
jurisdiction service area of the Authority, excluding charter, tour, or 10
sight-seeing service." 11
SECTION 3. This act becomes effective July 1, 2025. 12