(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 333-Committee on Transportation
April 7, 1997
____________
Referred to Committee on Transportation
SUMMARY--Makes various changes concerning mass transit. (BDR 32-1112)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to mass transit; designating the department of transportation as the oversight agency on certain fixed guideway projects; authorizing a regional transportation commission to use certain methods of procurement for such a project and the rolling stock therefor; specifying that certain tax proceeds may be used to pay the cost of such projects; providing for the establishment of monorails in certain counties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:
If a commission develops a fixed guideway project, the department of transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.
Sec. 2 NRS 373.020 is hereby amended to read as follows:
373.020 As used in this chapter, unless the context otherwise requires:
1. "Acquisition" or "acquire" means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, authorized by this chapter.
2. "Board" means the board of county commissioners.
3. "City" means an incorporated city.
4. "Commission" means the regional transportation commission.
5. "Cost of the project," or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including, without limitation, preliminary expenses advanced by the county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.
6. "Federal securities" means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States of America.
7. "Fixed guideway" means a mass transportation facility which uses and occupies a separate right of way or rails exclusively for public transportation, including, without limitation, fixed rail, automated guideway transit and exclusive facilities for buses.
8. "Improvement" or "improve" means the extension, widening, lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or other major improvement (or any combination thereof) of any project, or an interest therein, authorized by this chapter. The term does not include renovation, reconditioning, patching, general maintenance or other minor repair.
[8.] 9. "Project" means street and highway construction, including, without limitation, the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition and improvement of all types of property therefor.
[9.] 10. "Town" means an unincorporated town.
Sec. 3 NRS 373.117 is hereby amended to read as follows:
373.117 1. A regional transportation commission may establish or operate a public transit system consisting of regular routes and fixed schedules to serve the public.
2. A regional transportation commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system.
3. In a county whose population is less than 400,000, such a system may also provide service which includes:
(a) Minor deviations from regular routes and fixed schedules on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.
(b) The transporting of persons upon request without regard to regular routes or fixed schedules, if the service is provided by a common motor carrier which has a certificate of public convenience and necessity issued by the public service commission of Nevada pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the public service commission for a fully regulated carrier.
4. Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a regional transportation commission may utilize a turnkey procurement process to select a person to design, build, operate and maintain, or any combination thereof, a fixed guideway system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a fixed guideway project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost effective method of constructing the project on schedule and in satisfaction of its transportation objectives.
5. Notwithstanding the provisions of chapter 332 of NRS, a regional transportation commission may utilize a competitive negotiation procurement process to procure rolling stock for a fixed guideway project. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.
6. As used in this section:
(a) "Fully regulated carrier" means a common carrier or contract carrier of passengers or household goods who is required to obtain from the public service commission of Nevada a certificate of public convenience and necessity or a contract carrier's permit and whose rates, routes and services are subject to regulation by the commission.
(b) "Minimum operable segment" means the shortest portion of a fixed guideway system that is technically capable of providing viable public transportation between two end points.
(c) "Public transit system" means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons.
(d) "Turnkey procurement" means a competitive procurement process by which a person is selected by a regional transportation commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a fixed guideway system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.
Sec. 4 Chapter 37 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the State of Nevada or a city or county seeks to acquire through exercise, or the threat of exercise, of the power of eminent domain all or part of, or the right to operate, a monorail installed or operated pursuant to sections 8 to 15, inclusive, of this act, the owner is entitled, in addition to any other right provided by law:
(a) To adequate contractual assurance that, after acquisition, the acquirer will provide service, fares and performance conforming to those existing at the time of acquisition, for the period necessary to protect the usefulness of the monorail to the owner; and
(b) To approve any future deletions from or reconfigurations of the monorail, including passenger stations.
2. The acquirer shall hold the owner and operator harmless from any liability or claim arising after the acquisition from the operation or any change made in the installation of the monorail or from any act or omission of the acquirer or its employees, contractors or agents.
Sec. 5 NRS 244.33512 is hereby amended to read as follows:
244.33512 In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1 of NRS 244.3351:
1. The proceeds of the tax and any applicable penalty or interest must be:
(a) Remitted to the appropriate city if collected in the incorporated area of any city and not within any transportation district created by the county, or if collected in any transportation district created by a city; or
(b) Retained by the county if collected elsewhere, and used as provided in this section.
2. Except as otherwise provided in subsection 3, if the county has created one or more transportation districts, it shall use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways, bridges and other public rights of way used primarily for vehicular or fixed guideway traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within 1 mile outside those boundaries if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;
(b) Payment of principal and interest on notes, bonds or other obligations issued by the county to fund projects described in paragraph (a); or
(c) Any combination of those uses.
3. In addition to those uses set forth in subsection 2, if a county has created one or more transportation districts and all or any portion of those districts are located in an area that is governed by an interstate compact entered into by this state and a state that borders this state, the county may use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of establishing, operating and maintaining a public transit system within the boundaries of the district, or outside those boundaries if the governing body finds that such a system outside the boundaries of the district will facilitate transportation within the district, or both.
4. If the county has entered into an agreement pursuant to NRS 277.080 to 277.170, inclusive, which contemplates later payment by the other party of a portion of the cost of a project which may be funded pursuant to subsection 2, the county may pay from retained proceeds the principal and interest on notes, bonds or other obligations issued in anticipation of that payment.
5. Any part of the money retained which is collected in the unincorporated area of the county and not within any transportation district created by the county or a city must be used for the same purposes within the unincorporated area of the county or within 1 mile outside that area if the board of county commissioners finds that such projects outside that area will facilitate transportation within that area.
6. As used in this section, "public transit system" means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, that is operated for the conveyance of members of the general public.
Sec. 6 NRS 268.446 is hereby amended to read as follows:
268.446 1. Except as otherwise provided in subsection 2, a city that has created one or more transportation districts shall use any part of the money received pursuant to the provisions of NRS 244.3351 which is collected within the boundaries of a transportation district to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular or fixed guideway traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within 1 mile outside those boundaries if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;
(b) Payment of principal and interest on notes, bonds or other obligations issued by the city to fund projects described in paragraph (a); or
(c) Any combination of those uses.
2. In addition to those uses set forth in subsection 1, if a city has created one or more transportation districts and all or any portion of those districts is located in an area that is governed by an interstate compact entered into by this state and a state that borders this state, the city may use any part of the money received pursuant to the provisions of NRS 244.3351 which is collected within the boundaries of a transportation district to pay the cost of establishing, operating and maintaining a public transit system within the boundaries of the district, or outside those boundaries if the governing body finds that such a system outside the boundaries of the district will facilitate transportation within the district, or both.
3. A city shall use any part of the money received from such a tax which is not collected within the boundaries of a transportation district for the same purposes within the incorporated boundaries of the city or within 1 mile outside those boundaries if the governing body finds that such projects outside those boundaries will facilitate transportation within the incorporated area.
4. As used in this section, "public transit system" means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, that is operated for the conveyance of members of the general public.
Sec. 7 Chapter 705 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 15, inclusive, of this act.
Sec. 8. As used in sections 8 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9, 10 and 11 of this act have the meanings ascribed to them in those sections.
Sec. 9. "Monorail" means a system to transport passengers that is installed and operated on an exclusive fixed guideway. The term:
1. Includes associated passenger stations, power propulsion systems, lots for parking motor vehicles, workshops and other land and structures.
2. Does not include a system to transport passengers between two end points with no intermediate stops.
Sec. 10. "Operator" means a person who operates a monorail.
Sec. 11. "Owner" means a person who has the financial and technical capability to install and operate a monorail and who has applied for a franchise or other agreement to do so.
Sec. 12. A person may install and operate a monorail, and perform any work or borrow money preparatory or incident thereto, in a county whose population is 400,000 or more. The owner or operator may:
1. Establish the frequency of service and schedules of operation;
2. Establish the fares to be charged; and
3. Charge and collect fares from passengers.
Sec. 13. 1. The work of or incident to the installation and operation of a monorail is not a public work within the meaning of chapter 338 of NRS.
2. A monorail is not a public utility within the meaning of chapter 704 of NRS.
3. The department of transportation, the county in which a monorail is located or proposed to be located and a city within that county may exercise a power it holds related to transportation to facilitate the installation and operation of a monorail, and may contribute to or assist in the financing of the monorail.
Sec. 14. 1. A county whose population is 400,000 or more, and a city within such a county, may adopt an ordinance, in accordance with the provisions of section 15 of this act, to grant franchises for the installation and operation of monorails within the unincorporated area of the county and incorporated area of the city, respectively.
2. Before beginning construction of a monorail in a city or in the unincorporated area of a county that has adopted a franchising ordinance, the owner shall apply for a franchise. If the city or county has no such ordinance, the owner may enter into an agreement with the city or county that complies with the provisions of section 15 of this act. Before the city or county may enter into such an agreement, it must provide notice and a public hearing regarding the proposed agreement in the same manner as for an ordinance proposed to be adopted by the city or county under circumstances other than in an emergency.
3. The granting of a franchise or making of an agreement under subsection 2 dispenses with any permit otherwise required by the city or county. The city or county may, at the request of the owner, designate an officer or agency to cooperate with the owner to facilitate the installation and operation of the monorail.
Sec. 15. An ordinance or agreement authorized pursuant to section 14 of this act:
1. Must provide standards for construction and may incorporate existing uniform codes.
2. May include requirements for licensing and zoning, and any other restrictions upon the construction and operation of a monorail.
3. Must include provisions:
(a) Addressing the compatibility of a proposed monorail for connection with a system of transportation operated on a public fixed guideway.
(b) Requiring the owner or operator and any private entity that desires to connect its system of transportation with a monorail to cooperate in such a manner as to provide for the compatibility of passenger stations for such a connection pursuant to terms and conditions that:
(1) Address the effect of that compatibility on the plans of the owner for his capital investment and provide for a reasonable and equitable allocation of that investment;
(2) Provide for a reasonable and equitable allocation of the costs to operate and maintain the monorail; and
(3) Mitigate any other effects on the owner or operator resulting from the provision of that compatibility.
Sec. 16. NRS 709.050 is hereby amended to read as follows:
709.0501. The board of county commissioners may grant to any person, company, corporation or association the franchise, right and privilege to construct, install, operate and maintain street railways, electric light, heat and power lines, gas and water mains, telephone and telegraph lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in the streets, alleys, avenues and other places in any unincorporated town in the county, and along the public roads and highways of the county, when the applicant complies with the terms and provisions of NRS 709.050 to 709.170, inclusive.
2. As used in NRS 709.050 to 709.170, inclusive, "street railway" means:
(a) A system of public transportation operating over fixed rails on the surface of the ground; or
(b) [A monorail; or
(c) Any other] An overhead or underground system , other than a monorail, used for public transportation.
The term does not include a super speed ground transportation system as defined in NRS 705.4292.
3. As used in this section, "monorail" has the meaning ascribed to it in section 9 of this act.
Sec. 17. NRS 709.290 is hereby amended to read as follows:
709.2901. The county commissioners, town trustees, aldermen, supervisors or other governing body directly entrusted with the management of affairs of any town or city in this state are authorized to sell to the highest responsible bidder any franchise for a street railway through and over any street or streets of such town, according to the provisions of NRS 709.310.
2. As used in NRS 709.290 to 709.360, inclusive, "street railway" means:
(a) A system of public transportation operating over fixed rails on the surface of the ground; or
(b) [A monorail; or
(c) Any other] An overhead or underground system , other than a monorail, used for public transportation.
The term does not include a super speed ground transportation system as defined in NRS 705.4292.
3. As used in this section, "monorail" has the meaning ascribed to it in section 9 of this act.
Sec. 18. Section 2.250 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1401, is hereby amended to read as follows:
Sec. 2.250 Powers of city council: Rail transportation. The city council may:
1. License, regulate, establish or prohibit any means of transportation which has [a fixed guide or rail] fixed rails in, upon, over or under any public right of way.
2. Grant a franchise to any person, firm or corporation to operate any means of transportation in, upon, over or under the public rights of way and adjacent property.
3. Declare a nuisance and require the removal of the fixed [guides or] rails of any means of transportation in, upon, over or under any public right of way.
4. Subject to NRS 704.300, condemn rights of way for any public purpose across a right of way which is owned or otherwise controlled by any company which owns or operates any means of transportation.
5. Prescribe the length of time any public right of way may be obstructed by trains or similar means of conveyance standing on that right of way.
6. Require any company which owns or operates any means of transportation to provide protection against injuries to persons or property.
7. Require railroad companies to fence their tracks and to construct cattle guards and crossings and keep them in repair.
8. Compel any company which owns or operates any means of transportation to provide a means by which the drainage from the property which is adjacent to its right of way is not to be impaired.
9. Subject to NRS 704.300, compel any company which owns or operates any means of transportation to raise or lower its fixed [guides or] rails to conform to any grade which has been or will be established by the city, so that those [guides or] rails may be crossed over or under at any place on the public right of way.
Sec. 19. Section 2.230 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1218, is hereby amended to read as follows:
Sec. 2.230 Powers of city council: Public transportation.
1. The city council may:
[1.] (a) License, regulate or prohibit the location, construction or installation of public transportation facilities , except a monorail, in any public right of way.
[2.] (b) Grant franchises to any person or corporation to operate public transportation facilities upon public rights of way and adjacent property.
[3.] (c) Declare a nuisance and require the removal of the public transportation facilities , except a monorail, in any public right of way.
[4.] (d) Condemn rights of way for any public purpose across any public transportation facility.
[5.] (e) Prescribe the length of time any public right of way may be obstructed by public transportation facilities operating thereon.
2. As used in this section, "monorail" means a system to transport passengers that is installed and operated on an exclusive fixed guideway. The term:
(a) Includes associated passenger stations, power propulsion systems, lots for parking motor vehicles, workshops and other land and structures.
(b) Does not include a system to transport passengers between two end points with no intermediate stops.
Sec. 20. This act becomes effective on December 1, 1997.