GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH30174-MWf-17
Short Title: Reg. Public Trans. Authority Service Area. (Public)
Sponsors: Representative Reives.
Referred to:
*DRH30174 -MWf-17*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW A REGIONAL PUBLIC TRANSPORTATION AUTHORITY TO 2
OPERATE A BUSPOOL MORE THAN TEN MILES BEYOND ITS TERRITORIAL 3
JURISDICTION. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 160A-610 reads as rewritten: 6
"ยง 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 the planning, 34
construction, and operation of joint transit development projects, upon the 35
governing board's adoption of policies and procedures to ensure fair and open 36
H.B. 363
Mar 11, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH30174-MWf-17
competition, to select developers or development teams in substantially the 1
same manner as permitted by G.S. 143-129(h); and to enter into development 2
agreements with public, private, or nonprofit entities to undertake the 3
planning, construction, and operation of joint transit development projects. 4
(8) To acquire by gift, purchase, lease as lessee with or without option to purchase 5
or otherwise to construct, improve, maintain, repair, operate or administer any 6
component parts of a public transportation system or to contract for the 7
maintenance, operation or administration thereof or to lease as lessor the same 8
for maintenance, operation, or administration by private parties, including but 9
not necessarily limited to parking facilities;facilities. 10
(9) To make or enter into contracts, agreements, deeds, leases with or without 11
option to purchase, conveyances or other instruments, including contracts and 12
agreements with the United States, the State of North Carolina, and units of 13
local government;government. 14
(9a) To purchase or finance real or personal property in the manner provided for 15
cities and counties under G.S. 160A-20;G.S. 160A-20. 16
(10) To surrender to the State of North Carolina any property no longer required 17
by the Authority;Authority. 18
(11) To develop and make data, plans, information, surveys and studies of public 19
transportation facilities within the territorial jurisdiction service area of the 20
Authority, to prepare and make recommendations in regard thereto;thereto. 21
(12) To enter in a reasonable manner lands, waters or premises for the purpose of 22
making surveys, soundings, drillings, and examinations whereby such entry 23
shall not be deemed a trespass except that the Authority shall be liable for any 24
actual and consequential damages resulting from such entries;entries. 25
(13) To develop and carry out demonstration projects;projects. 26
(14) To make, enter into, and perform contracts with private parties, and public 27
transportation companies with respect to the management and operation of 28
public passenger transportation;transportation. 29
(15) To make, enter into, and perform contracts with any public utility, railroad or 30
transportation company for the joint use of property or rights, for the 31
establishment of through routes, joint fares or transfer of 32
passengers;passengers. 33
(16) To make, enter into, and perform agreements with governmental entities for 34
payments to the Authority for the transportation of persons for whom the 35
governmental entities desire transportation;transportation. 36
(17) With the consent of the unit of local government which would otherwise have 37
jurisdiction to exercise the powers enumerated in this subdivision: to issue 38
certificates of public convenience and necessity; and to grant franchises and 39
enter into franchise agreements and in all respects to regulate the operation of 40
buses, taxicabs and other methods of public passenger transportation which 41
originate and terminate within the territorial jurisdiction of the Authority as 42
fully as the unit of local government is now or hereafter empowered to do 43
within the territorial jurisdiction of the unit of local government;government. 44
(18) To operate public transportation systems and to enter into and perform 45
contracts to operate public transportation services and facilities and to own or 46
lease property, facilities and equipment necessary or convenient therefor, and 47
to rent, lease or otherwise sell the right to do so to any person, public or 48
private; further, to obtain grants, loans and assistance from the United States, 49
the State of North Carolina, any public body, or any private source 50
whatsoever, but may not operate or contract for the operation of public 51 General Assembly Of North Carolina Session 2025
DRH30174-MWf-17 Page 3
transportation systems outside the territorial jurisdiction of the Authority 1
except as provided by subdivision (20) of this section;section. 2
(19) To enter into and perform contracts and agreements with other public 3
transportation authorities, regional public transportation authorities or units of 4
local government pursuant to the provisions of G.S. 160A-460 through 5
160A-464 (Part 1 of Article 20 of Chapter 160A of the General Statutes); 6
further to enter into contracts and agreements with private transportation 7
companies, but this subdivision does not authorize the operation of, or 8
contracting for the operation of, service of a public transportation system 9
outside the service area of the Authority;Authority. 10
(20) To operate public transportation systems extending service into any political 11
subdivision of the State of North Carolina unless a particular unit of local 12
government operating its own public transportation system or franchising the 13
operation of a public transportation system by majority vote of its governing 14
board, shall deny consent, but such service consent. Service provided under 15
this subdivision may not extend more than 10 miles outside of the territorial 16
jurisdiction of the authority, except that vanpool vanpool, buspool, and 17
carpool service shall not be subject to that mileage limitation;limitation. 18
(21) Except as restricted by covenants in bonds, notes, or equipment trust 19
certificates, to set in its sole discretion rates, fees and charges for use of its 20
public transportation system;system. 21
(22) To do all things necessary or convenient to carry out its purpose and to 22
exercise the powers granted to the Authority;Authority. 23
(23) To collect or contract for the collection of taxes which it is authorized by law 24
to levy;levy. 25
(24) To issue bonds or other obligations of the Authority as provided by law and 26
apply the proceeds thereof to the financing of any public transportation system 27
or any part thereof and to refund, whether or not in advance of maturity or the 28
earliest redemption date, any such bonds or other obligations; andobligations. 29
(25) To contract for, or to provide and maintain, with respect to the facilities and 30
property owned, leased with or without option to purchase, operated or under 31
the control of the Authority, and within the territory thereof, a security force 32
to protect persons and property, dispense unlawful or dangerous assemblages 33
and assemblages which obstruct full and free passage, control pedestrian and 34
vehicular traffic, and otherwise preserve and protect the public peace, health, 35
and safety; for these purposes a member of such force shall be a peace officer 36
and, as such, shall have authority equivalent to the authority of a police officer 37
of the city or county in which said member of such force is discharging such 38
duties. 39
(26) To contract for the purchase, lease, or other acquisition of any apparatus, 40
supplies, materials, or equipment for public transit purposes with any person 41
or entity that, within the previous 60 months, after having completed a public 42
formal bid process substantially similar to that required by Article 8 of 43
Chapter 143 of the General Statutes or through the competitive proposal 44
method provided in G.S. 143-129(h), has contracted to furnish the apparatus, 45
supplies, materials, or equipment to any unit or agency approved in 46
G.S. 143-129(g) if the person or entity is willing to furnish the items at the 47
same or more favorable prices, terms, and conditions as those provided under 48
the contract with the other unit or agency. Any purchase made under this 49
section shall be approved by the Board of Trustees as provided in 50
G.S. 143-129(g)." 51 General Assembly Of North Carolina Session 2025
Page 4 DRH30174-MWf-17
SECTION 2. G.S. 160A-601(4) reads as rewritten: 1
"(4) "Public transportation" means transportation of passengers whether or not for 2
hire by any means of conveyance, including but not limited to a street or 3
elevated railway or guideway, subway, guideway; subway; motor vehicle or 4
motor bus, carpool bus; carpool, buspool, or vanpool, vanpool; either publicly 5
or privately owned and operated, holding itself out to the general public for 6
the transportation of persons within or working within the territorial 7
jurisdiction service area of the Authority, excluding charter, tour, or 8
sight-seeing service." 9
SECTION 3. This act becomes effective July 1, 2025. 10