North Carolina 2025-2026 Regular Session

North Carolina House Bill H363 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 363
	3	+	H D
	4	+	HOUSE BILL DRH30174-MWf-17
	5	+
5	6
6	7
7	8		Short Title: Reg. Public Trans. Authority Service Area. (Public)
8		-	Sponsors: Representatives Reives, Penny, White, and Price (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: State and Local Government, if favorable, Finance, if favorable, Rules, Calendar,
11		-	and Operations of the House
12		-	March 12, 2025
13		-	H363-v-1
	9	+	Sponsors: Representative Reives.
	10	+	Referred to:
	11	+
	12	+	DRH30174 -MWf-17
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO ALLOW A REGIONAL PUBLIC TRANSPORTATION AUTHORITY TO 2
16	15		OPERATE A BUSPOOL MORE THAN TEN MILES BEYOND ITS TERRITORIAL 3
17	16		JURISDICTION. 4
18	17		The General Assembly of North Carolina enacts: 5
19	18		SECTION 1. G.S. 160A-610 reads as rewritten: 6
20	19		"§ 160A-610. General powers of the Authority. 7
21	20		The general powers of the Authority shall include any or all of the following: 8
22	21		(1) To sue and be sued;sued. 9
23	22		(2) To have a seal;seal. 10
24	23		(3) To make rules and regulations, not inconsistent with this Chapter, for its 11
25	24		organization and internal management;management. 12
26	25		(4) To employ persons deemed necessary to carry out the functions and duties 13
27	26		assigned to them by the Authority and to fix their compensation, within the 14
28	27		limit of available funds;funds. 15
29	28		(5) With the approval of the unit of local government's chief administrative 16
30	29		official, to use officers, employees, agents and facilities of the unit of local 17
31	30		government for such purposes and upon such terms as may be mutually 18
32	31		agreeable;agreeable. 19
33	32		(6) To retain and employ counsel, auditors, engineers and private consultants on 20
34	33		an annual salary, contract basis, or otherwise for rendering professional or 21
35	34		technical services and advice;advice. 22
36	35		(7) To acquire, lease as lessee with or without option to purchase, hold, own, and 23
37	36		use any franchise, property, real or personal, tangible or intangible, or any 24
38	37		interest therein and to sell, lease as lessor with or without option to purchase, 25
39	38		transfer (or dispose thereof) whenever the same is no longer required for 26
40	39		purposes of the Authority, or exchange same for other property or rights which 27
41	40		are useful for the Authority's purposes, including but not necessarily limited 28
42	41		to parking facilities;facilities. 29
43	42		(7a) To enhance mobility within the region and promote sound growth patterns 30
44	43		through joint transit development projects as generally described by Federal 31
45	44		Transit Administration (FTA) policy at 62 Fed. Reg. 12266 (1997) and 32
46	45		implementing guidelines in FTA Circular 9300.1A, Appendix B, as the policy 33
47		-	and guidance may be amended; and, with respect to the planning, 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 363-First Edition
49		-	construction, and operation of joint transit development projects, upon the 1
50		-	governing board's adoption of policies and procedures to ensure fair and open 2
51		-	competition, to select developers or development teams in substantially the 3
52		-	same manner as permitted by G.S. 143-129(h); and to enter into development 4
53		-	agreements with public, private, or nonprofit entities to undertake the 5
54		-	planning, construction, and operation of joint transit development projects. 6
55		-	(8) To acquire by gift, purchase, lease as lessee with or without option to purchase 7
56		-	or otherwise to construct, improve, maintain, repair, operate or administer any 8
57		-	component parts of a public transportation system or to contract for the 9
58		-	maintenance, operation or administration thereof or to lease as lessor the same 10
59		-	for maintenance, operation, or administration by private parties, including but 11
60		-	not necessarily limited to parking facilities;facilities. 12
61		-	(9) To make or enter into contracts, agreements, deeds, leases with or without 13
62		-	option to purchase, conveyances or other instruments, including contracts and 14
63		-	agreements with the United States, the State of North Carolina, and units of 15
64		-	local government;government. 16
65		-	(9a) To purchase or finance real or personal property in the manner provided for 17
66		-	cities and counties under G.S. 160A-20;G.S. 160A-20. 18
67		-	(10) To surrender to the State of North Carolina any property no longer required 19
68		-	by the Authority;Authority. 20
69		-	(11) To develop and make data, plans, information, surveys and studies of public 21
70		-	transportation facilities within the territorial jurisdiction service area of the 22
71		-	Authority, to prepare and make recommendations in regard thereto;thereto. 23
72		-	(12) To enter in a reasonable manner lands, waters or premises for the purpose of 24
73		-	making surveys, soundings, drillings, and examinations whereby such entry 25
74		-	shall not be deemed a trespass except that the Authority shall be liable for any 26
75		-	actual and consequential damages resulting from such entries;entries. 27
76		-	(13) To develop and carry out demonstration projects;projects. 28
77		-	(14) To make, enter into, and perform contracts with private parties, and public 29
78		-	transportation companies with respect to the management and operation of 30
79		-	public passenger transportation;transportation. 31
80		-	(15) To make, enter into, and perform contracts with any public utility, railroad or 32
81		-	transportation company for the joint use of property or rights, for the 33
82		-	establishment of through routes, joint fares or transfer of 34
83		-	passengers;passengers. 35
84		-	(16) To make, enter into, and perform agreements with governmental entities for 36
85		-	payments to the Authority for the transportation of persons for whom the 37
86		-	governmental entities desire transportation;transportation. 38
87		-	(17) With the consent of the unit of local government which would otherwise have 39
88		-	jurisdiction to exercise the powers enumerated in this subdivision: to issue 40
89		-	certificates of public convenience and necessity; and to grant franchises and 41
90		-	enter into franchise agreements and in all respects to regulate the operation of 42
91		-	buses, taxicabs and other methods of public passenger transportation which 43
92		-	originate and terminate within the territorial jurisdiction of the Authority as 44
93		-	fully as the unit of local government is now or hereafter empowered to do 45
94		-	within the territorial jurisdiction of the unit of local government;government. 46
95		-	(18) To operate public transportation systems and to enter into and perform 47
96		-	contracts to operate public transportation services and facilities and to own or 48
97		-	lease property, facilities and equipment necessary or convenient therefor, and 49
98		-	to rent, lease or otherwise sell the right to do so to any person, public or 50
99		-	private; further, to obtain grants, loans and assistance from the United States, 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 363-First Edition Page 3
101		-	the State of North Carolina, any public body, or any private source 1
102		-	whatsoever, but may not operate or contract for the operation of public 2
103		-	transportation systems outside the territorial jurisdiction of the Authority 3
104		-	except as provided by subdivision (20) of this section;section. 4
105		-	(19) To enter into and perform contracts and agreements with other public 5
106		-	transportation authorities, regional public transportation authorities or units of 6
107		-	local government pursuant to the provisions of G.S. 160A-460 through 7
108		-	160A-464 (Part 1 of Article 20 of Chapter 160A of the General Statutes); 8
109		-	further to enter into contracts and agreements with private transportation 9
110		-	companies, but this subdivision does not authorize the operation of, or 10
111		-	contracting for the operation of, service of a public transportation system 11
112		-	outside the service area of the Authority;Authority. 12
113		-	(20) To operate public transportation systems extending service into any political 13
114		-	subdivision of the State of North Carolina unless a particular unit of local 14
115		-	government operating its own public transportation system or franchising the 15
116		-	operation of a public transportation system by majority vote of its governing 16
117		-	board, shall deny consent, but such service consent. Service provided under 17
118		-	this subdivision may not extend more than 10 miles outside of the territorial 18
119		-	jurisdiction of the authority, except that vanpool vanpool, buspool, and 19
120		-	carpool service shall not be subject to that mileage limitation;limitation. 20
121		-	(21) Except as restricted by covenants in bonds, notes, or equipment trust 21
122		-	certificates, to set in its sole discretion rates, fees and charges for use of its 22
123		-	public transportation system;system. 23
124		-	(22) To do all things necessary or convenient to carry out its purpose and to 24
125		-	exercise the powers granted to the Authority;Authority. 25
126		-	(23) To collect or contract for the collection of taxes which it is authorized by law 26
127		-	to levy;levy. 27
128		-	(24) To issue bonds or other obligations of the Authority as provided by law and 28
129		-	apply the proceeds thereof to the financing of any public transportation system 29
130		-	or any part thereof and to refund, whether or not in advance of maturity or the 30
131		-	earliest redemption date, any such bonds or other obligations; andobligations. 31
132		-	(25) To contract for, or to provide and maintain, with respect to the facilities and 32
133		-	property owned, leased with or without option to purchase, operated or under 33
134		-	the control of the Authority, and within the territory thereof, a security force 34
135		-	to protect persons and property, dispense unlawful or dangerous assemblages 35
136		-	and assemblages which obstruct full and free passage, control pedestrian and 36
137		-	vehicular traffic, and otherwise preserve and protect the public peace, health, 37
138		-	and safety; for these purposes a member of such force shall be a peace officer 38
139		-	and, as such, shall have authority equivalent to the authority of a police officer 39
140		-	of the city or county in which said member of such force is discharging such 40
141		-	duties. 41
142		-	(26) To contract for the purchase, lease, or other acquisition of any apparatus, 42
143		-	supplies, materials, or equipment for public transit purposes with any person 43
144		-	or entity that, within the previous 60 months, after having completed a public 44
145		-	formal bid process substantially similar to that required by Article 8 of 45
146		-	Chapter 143 of the General Statutes or through the competitive proposal 46
147		-	method provided in G.S. 143-129(h), has contracted to furnish the apparatus, 47
148		-	supplies, materials, or equipment to any unit or agency approved in 48
149		-	G.S. 143-129(g) if the person or entity is willing to furnish the items at the 49
150		-	same or more favorable prices, terms, and conditions as those provided under 50
151		-	the contract with the other unit or agency. Any purchase made under this 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 House Bill 363-First Edition
153		-	section shall be approved by the Board of Trustees as provided in 1
154		-	G.S. 143-129(g)." 2
155		-	SECTION 2. G.S. 160A-601(4) reads as rewritten: 3
156		-	"(4) "Public transportation" means transportation of passengers whether or not for 4
157		-	hire by any means of conveyance, including but not limited to a street or 5
158		-	elevated railway or guideway, subway, guideway; subway; motor vehicle or 6
159		-	motor bus, carpool bus; carpool, buspool, or vanpool, vanpool; either publicly 7
160		-	or privately owned and operated, holding itself out to the general public for 8
161		-	the transportation of persons within or working within the territorial 9
162		-	jurisdiction service area of the Authority, excluding charter, tour, or 10
163		-	sight-seeing service." 11
164		-	SECTION 3. This act becomes effective July 1, 2025. 12
	46	+	and guidance may be amended; and, with respect to the planning, 34
	47	+	construction, and operation of joint transit development projects, upon the 35
	48	+	governing board's adoption of policies and procedures to ensure fair and open 36
	49	+	H.B. 363
	50	+	Mar 11, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH30174-MWf-17
	53	+	competition, to select developers or development teams in substantially the 1
	54	+	same manner as permitted by G.S. 143-129(h); and to enter into development 2
	55	+	agreements with public, private, or nonprofit entities to undertake the 3
	56	+	planning, construction, and operation of joint transit development projects. 4
	57	+	(8) To acquire by gift, purchase, lease as lessee with or without option to purchase 5
	58	+	or otherwise to construct, improve, maintain, repair, operate or administer any 6
	59	+	component parts of a public transportation system or to contract for the 7
	60	+	maintenance, operation or administration thereof or to lease as lessor the same 8
	61	+	for maintenance, operation, or administration by private parties, including but 9
	62	+	not necessarily limited to parking facilities;facilities. 10
	63	+	(9) To make or enter into contracts, agreements, deeds, leases with or without 11
	64	+	option to purchase, conveyances or other instruments, including contracts and 12
	65	+	agreements with the United States, the State of North Carolina, and units of 13
	66	+	local government;government. 14
	67	+	(9a) To purchase or finance real or personal property in the manner provided for 15
	68	+	cities and counties under G.S. 160A-20;G.S. 160A-20. 16
	69	+	(10) To surrender to the State of North Carolina any property no longer required 17
	70	+	by the Authority;Authority. 18
	71	+	(11) To develop and make data, plans, information, surveys and studies of public 19
	72	+	transportation facilities within the territorial jurisdiction service area of the 20
	73	+	Authority, to prepare and make recommendations in regard thereto;thereto. 21
	74	+	(12) To enter in a reasonable manner lands, waters or premises for the purpose of 22
	75	+	making surveys, soundings, drillings, and examinations whereby such entry 23
	76	+	shall not be deemed a trespass except that the Authority shall be liable for any 24
	77	+	actual and consequential damages resulting from such entries;entries. 25
	78	+	(13) To develop and carry out demonstration projects;projects. 26
	79	+	(14) To make, enter into, and perform contracts with private parties, and public 27
	80	+	transportation companies with respect to the management and operation of 28
	81	+	public passenger transportation;transportation. 29
	82	+	(15) To make, enter into, and perform contracts with any public utility, railroad or 30
	83	+	transportation company for the joint use of property or rights, for the 31
	84	+	establishment of through routes, joint fares or transfer of 32
	85	+	passengers;passengers. 33
	86	+	(16) To make, enter into, and perform agreements with governmental entities for 34
	87	+	payments to the Authority for the transportation of persons for whom the 35
	88	+	governmental entities desire transportation;transportation. 36
	89	+	(17) With the consent of the unit of local government which would otherwise have 37
	90	+	jurisdiction to exercise the powers enumerated in this subdivision: to issue 38
	91	+	certificates of public convenience and necessity; and to grant franchises and 39
	92	+	enter into franchise agreements and in all respects to regulate the operation of 40
	93	+	buses, taxicabs and other methods of public passenger transportation which 41
	94	+	originate and terminate within the territorial jurisdiction of the Authority as 42
	95	+	fully as the unit of local government is now or hereafter empowered to do 43
	96	+	within the territorial jurisdiction of the unit of local government;government. 44
	97	+	(18) To operate public transportation systems and to enter into and perform 45
	98	+	contracts to operate public transportation services and facilities and to own or 46
	99	+	lease property, facilities and equipment necessary or convenient therefor, and 47
	100	+	to rent, lease or otherwise sell the right to do so to any person, public or 48
	101	+	private; further, to obtain grants, loans and assistance from the United States, 49
	102	+	the State of North Carolina, any public body, or any private source 50
	103	+	whatsoever, but may not operate or contract for the operation of public 51 General Assembly Of North Carolina Session 2025
	104	+	DRH30174-MWf-17 Page 3
	105	+	transportation systems outside the territorial jurisdiction of the Authority 1
	106	+	except as provided by subdivision (20) of this section;section. 2
	107	+	(19) To enter into and perform contracts and agreements with other public 3
	108	+	transportation authorities, regional public transportation authorities or units of 4
	109	+	local government pursuant to the provisions of G.S. 160A-460 through 5
	110	+	160A-464 (Part 1 of Article 20 of Chapter 160A of the General Statutes); 6
	111	+	further to enter into contracts and agreements with private transportation 7
	112	+	companies, but this subdivision does not authorize the operation of, or 8
	113	+	contracting for the operation of, service of a public transportation system 9
	114	+	outside the service area of the Authority;Authority. 10
	115	+	(20) To operate public transportation systems extending service into any political 11
	116	+	subdivision of the State of North Carolina unless a particular unit of local 12
	117	+	government operating its own public transportation system or franchising the 13
	118	+	operation of a public transportation system by majority vote of its governing 14
	119	+	board, shall deny consent, but such service consent. Service provided under 15
	120	+	this subdivision may not extend more than 10 miles outside of the territorial 16
	121	+	jurisdiction of the authority, except that vanpool vanpool, buspool, and 17
	122	+	carpool service shall not be subject to that mileage limitation;limitation. 18
	123	+	(21) Except as restricted by covenants in bonds, notes, or equipment trust 19
	124	+	certificates, to set in its sole discretion rates, fees and charges for use of its 20
	125	+	public transportation system;system. 21
	126	+	(22) To do all things necessary or convenient to carry out its purpose and to 22
	127	+	exercise the powers granted to the Authority;Authority. 23
	128	+	(23) To collect or contract for the collection of taxes which it is authorized by law 24
	129	+	to levy;levy. 25
	130	+	(24) To issue bonds or other obligations of the Authority as provided by law and 26
	131	+	apply the proceeds thereof to the financing of any public transportation system 27
	132	+	or any part thereof and to refund, whether or not in advance of maturity or the 28
	133	+	earliest redemption date, any such bonds or other obligations; andobligations. 29
	134	+	(25) To contract for, or to provide and maintain, with respect to the facilities and 30
	135	+	property owned, leased with or without option to purchase, operated or under 31
	136	+	the control of the Authority, and within the territory thereof, a security force 32
	137	+	to protect persons and property, dispense unlawful or dangerous assemblages 33
	138	+	and assemblages which obstruct full and free passage, control pedestrian and 34
	139	+	vehicular traffic, and otherwise preserve and protect the public peace, health, 35
	140	+	and safety; for these purposes a member of such force shall be a peace officer 36
	141	+	and, as such, shall have authority equivalent to the authority of a police officer 37
	142	+	of the city or county in which said member of such force is discharging such 38
	143	+	duties. 39
	144	+	(26) To contract for the purchase, lease, or other acquisition of any apparatus, 40
	145	+	supplies, materials, or equipment for public transit purposes with any person 41
	146	+	or entity that, within the previous 60 months, after having completed a public 42
	147	+	formal bid process substantially similar to that required by Article 8 of 43
	148	+	Chapter 143 of the General Statutes or through the competitive proposal 44
	149	+	method provided in G.S. 143-129(h), has contracted to furnish the apparatus, 45
	150	+	supplies, materials, or equipment to any unit or agency approved in 46
	151	+	G.S. 143-129(g) if the person or entity is willing to furnish the items at the 47
	152	+	same or more favorable prices, terms, and conditions as those provided under 48
	153	+	the contract with the other unit or agency. Any purchase made under this 49
	154	+	section shall be approved by the Board of Trustees as provided in 50
	155	+	G.S. 143-129(g)." 51 General Assembly Of North Carolina Session 2025
	156	+	Page 4 DRH30174-MWf-17
	157	+	SECTION 2. G.S. 160A-601(4) reads as rewritten: 1
	158	+	"(4) "Public transportation" means transportation of passengers whether or not for 2
	159	+	hire by any means of conveyance, including but not limited to a street or 3
	160	+	elevated railway or guideway, subway, guideway; subway; motor vehicle or 4
	161	+	motor bus, carpool bus; carpool, buspool, or vanpool, vanpool; either publicly 5
	162	+	or privately owned and operated, holding itself out to the general public for 6
	163	+	the transportation of persons within or working within the territorial 7
	164	+	jurisdiction service area of the Authority, excluding charter, tour, or 8
	165	+	sight-seeing service." 9
	166	+	SECTION 3. This act becomes effective July 1, 2025. 10