Senate Bill No. 276–Senator Titus

 

CHAPTER..........

 

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:

 

    Section 1. Chapter 705 of NRS is hereby amended by adding

thereto a new section to read as follows:

    The Commission is hereby designated as an agency of the State

of Nevada for the purposes of carrying out the provisions of this

section and NRS 705.4291 to 705.4296, inclusive.

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

    705.4292  As used in NRS 705.4291 to 705.4296, inclusive,

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

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

Ground Transportation Commission.

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

Orange, Riverside and San Bernardino.

    3.  “Super Speed Ground Transportation System” means a

system that:

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

    (b) Uses magnetic levitation technology;

    (c) Carries primarily passengers; and

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

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

    705.4293  1.  There is hereby created the California-Nevada

Super Speed Ground Transportation Commission as a separate legal

entity. The governing body of the Commission consists of:

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

of California[.] and the bylaws of the Commission.

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

California, appointed by the Governor of Nevada.

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

may be reappointed at the pleasure of the Governor.

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

Chairman.

 

 

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

    705.4294  1.  The Commission may:

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

way and award a franchise for the construction and operation of a

Super Speed Ground Transportation System principally following

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

and a point in southern California.

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

stations and ancillary uses through purchase, gift, lease, use permit

or easement.

    (c) Conduct engineering and other studies related to the

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

franchisee, including, but not limited to, environmental impact

studies, socioeconomic impact studies and financial feasibility

studies. All local, state and federal environmental requirements must

be met by the Commission.

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

for a Super Speed Ground Transportation System, and select a

franchisee to construct and operate the Super Speed Ground

Transportation System between southern California and Las Vegas.

    (e) Establish criteria for the award of the franchise.

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

political subdivisions, the Federal Government, foreign

governments and any private source.

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

the State of California or the State of Nevada, or any of their

political subdivisions.

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

deemed appropriate.

    (i) Select the exact route and terminal sites.

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

necessary permits and certificates from governmental entities in

California and Nevada.

    2.  Before the:

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

Nevada; and

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

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

the route and terminals selected by the Commission must be

[ratified] approved by the [California Legislature and the Nevada

Legislature, or the California Legislature and the Legislative

Commission if the Nevada Legislature is not in session.]

appropriate local, regional and state governmental entities in

Nevada which have jurisdiction over the route and terminals

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

Commission shall require the franchisee to comply with this

subsection.

    3.  Before the:

    (a) Commission or a franchisee begins construction in

California; and

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

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

the route and terminals selected by the Commission must be

approved by the appropriate local, regional and state

governmental entities in California which have jurisdiction over

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

awarding a franchise, the Commission shall require the

franchisee to comply with this subsection.

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

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

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

public proclamation that the Super Speed Ground Transportation

System connecting southern California with southern Nevada has

been completed; or

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

is retired,

whichever is later.

 

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