2016 -- H 7937

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LC005384

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- PUBLIC TRANSIT-- POWERS

AND DUTIES OF THE AUTHORITY

     

     Introduced By: Representatives Slater, Naughton, Barros, Tobon, and Diaz

     Date Introduced: March 11, 2016

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 39-18-4 of the General Laws in Chapter 39-18 entitled "Rhode

2

Island Public Transit Authority" is hereby amended to read as follows:

3

     39-18-4. Powers and duties of the authority. -- (a) The authority is hereby authorized

4

and empowered:

5

      (1) To adopt bylaws for the regulation of its affairs and the conduct of its business;

6

      (2) To adopt an official seal and alter the seal at pleasure;

7

      (3) To maintain an office at such place or places within the state as it may designate;

8

      (4) To sue and be sued in its own name, plead and to be implead; provided, however,

9

that any and all actions against the authority shall be brought only in the county in which the

10

principal office of the authority shall be located;

11

      (5) To acquire, purchase, hold, use, and dispose of any property, real, personal, or mixed,

12

tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes

13

of the authority, and, to lease as lessee or lessor any property, real, personal or mixed, or any

14

interest therein for such term and at such rental as the authority may deem fair and reasonable,

15

and to sell, transfer, convey, mortgage, or give a security interest in any property, real, personal,

16

or mixed, tangible or intangible, or any interest therein, at any time acquired by the authority;

17

      (6) To employ, in its discretion, planning, architectural, and engineering consultants,

18

attorneys, accountants, construction, financial, transportation, and traffic experts and consultants,

 

1

superintendents, managers, and such other officers, employees, and agents as may be necessary in

2

its judgment, and to fix their compensation;

3

      (7) (i) To fix from time to time, subject to the provisions of this chapter, schedules and

4

such rates of fare and charges for service furnished or operated as in its judgment are best adopted

5

to insure sufficient income to meet the cost of service; provided, however, the authority is not

6

empowered to operate a passenger vehicle under its control in competition with passenger

7

vehicles of a private carrier over routes which the private carrier operates pursuant to a certificate

8

of public convenience and necessity issued to the private carrier by the division of public utilities

9

and carriers; and provided further that the authority shall not require any person who meets the

10

means test criteria as defined by the Rhode Island Department of Elderly Affairs and who is

11

either sixty-five (65) years of age, or over, or who is disabled to pay more than one-half (1/2) of

12

any fare for bus rides; provided, however, that under no circumstances shall fares or charges for

13

special service routes be discounted. Any person who is either sixty-five (65) years of age, or

14

over, or who is disabled, who does not satisfy the means test criteria as heretofore provided, shall

15

only be required to pay one-half (1/2) of the fare or charge for bus rides during off-peak hours,

16

but shall not be eligible for a reduction during peak hours. For the purposes of this chapter, "peak

17

hours," "off-peak hours" and "special service routes" shall be determined annually by the

18

authority. The authority, in conjunction with the department of human services, shall establish an

19

advisory committee comprised of seniors/persons with disabilities constituent users of the

20

authority's services to assist in the implementation of this section;

21

      (ii) Any person who accompanies and is assisting a person with a disability when the

22

person with a disability uses a wheelchair shall be eligible for the same price exemptions

23

extended to a person with a disability by subsection (7)(i). The cost to the authority for providing

24

the service to the elderly shall be paid by the state;

25

      (iii) Any person who accompanies and is assisting a passenger who is blind or visually

26

impaired shall be eligible for the same price exemptions extended to the passenger who is blind or

27

visually impaired by subsection (7)(i). The cost to the authority for providing the service to the

28

elderly shall be paid by the state;

29

      (iv) The authority shall be authorized and empowered to charge a fare for any paratransit

30

services required by the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., in

31

accordance with 49 C.F.R. Part 37.

32

      (8) To borrow money and to issue bonds of the authority for any of its purposes

33

including, without limitation, the borrowing of money in anticipation of the issuance of bonds or

34

the receipt of any operating revenues or other funds or property to be received by the authority,

 

LC005384 - Page 2 of 8

1

and the financing of property to be owned by others and used, in whole or substantial part, by the

2

authority for any of its purposes, all as may from time to time, be authorized by resolution of the

3

authority; the bonds to contain on their face a statement to the effect that neither the state nor any

4

municipality or other political subdivision of the state shall be obligated to pay the same or the

5

interest thereon;

6

      (9) To enter into management contracts for the operation, management, and supervision

7

of any or all transit properties under the jurisdiction of the authority, and to make and enter into

8

all contracts and agreements necessary or incidental to the performance of its duties and the

9

execution of its powers under this chapter;

10

      (10) Without limitation of the foregoing, to borrow money from, to receive and accept

11

grants for or in aid of the purchase, leasing, improving, equipping, furnishing, maintaining,

12

repairing, constructing, and operating of transit property, and to enter into contracts, leases, or

13

other transactions with any federal agency; and to receive and accept from the state, from any

14

municipality, or other political subdivision thereof, and from any other source, aid or

15

contributions of either money, property, labor, or other things of value, to be held, used and

16

applied only for the purposes for which the grants and contributions may be made;

17

      (11) To acquire in the name of the authority, by negotiated purchase or otherwise, on

18

such terms and conditions and in such manner as it may deem proper, or by the exercise of the

19

power of condemnation to the extent only and in the manner as provided in this chapter, such

20

public and private lands, including public parks, playgrounds or reservations, or parts thereof, or

21

rights therein, rights-of-way, property rights, easements, and interests as it may deem necessary

22

for carrying out the provisions of this chapter; provided, however, that all public property

23

damaged in carrying out the powers granted by this chapter shall be restored or repaired and

24

placed in its original condition as nearly as practicable;

25

      (12) To contract with any municipality, public or private company or organization,

26

whereby the authority will receive a subsidy to avoid discontinuance of service, and each

27

municipality within the state is hereby authorized to make and enter into such contracts and to

28

make, grant, or give to the authority a subsidy in such amount and for such period of time as it

29

may deem advisable;

30

      (13) To operate service to nearby Massachusetts and nearby Connecticut terminals for

31

the purpose of deboarding Rhode Island passengers at major traffic generating locations for the

32

benefit of passengers and to board Rhode Islanders for the return trip, provided, however, that the

33

authority operate closed door in Massachusetts and nearby Connecticut to and from its

34

destination; and

 

LC005384 - Page 3 of 8

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      (14) To do all things necessary, convenient, or desirable to carry out the purpose of this

2

chapter.

3

      (b) To effectuate the purposes of this chapter the authority shall have the following

4

duties:

5

      (1) To participate in and contribute to transportation planning initiatives that are relevant

6

to the purposes of the authority;

7

      (2) To plan, coordinate, develop, operate, maintain and manage a statewide public transit

8

system consistent with the purposes of the authority, including plans to meet demands for public

9

transit where such demand, current or prospective, exceeds supply and/or availability of public

10

transit services;

11

      (3) To work with departments, agencies, authorities and corporations of federal, state and

12

local government, public and private institutions, businesses, non-profit organization, users of the

13

system and other entities and persons to coordinate public transit services and provide a seamless

14

network of mobility options. (a) The authority is hereby authorized and empowered:

15

     (1) To adopt bylaws for the regulation of its affairs and the conduct of its business;

16

     (2) To adopt an official seal and alter the seal at pleasure;

17

     (3) To maintain an office at such place or places within the state as it may designate;

18

     (4) To sue and be sued in its own name, plead and to be implead; provided, however, that

19

any and all actions against the authority shall be brought only in the county in which the principal

20

office of the authority shall be located;

21

     (5) To acquire, purchase, hold, use, and dispose of any property, real, personal, or mixed,

22

tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes

23

of the authority, and, to lease as lessee or lessor any property, real, personal or mixed, or any

24

interest therein for such term and at such rental as the authority may deem fair and reasonable,

25

and to sell, transfer, convey, mortgage, or give a security interest in any property, real, personal,

26

or mixed, tangible or intangible, or any interest therein, at any time acquired by the authority;

27

     (6) To employ, in its discretion, planning, architectural, and engineering consultants,

28

attorneys, accountants, construction, financial, transportation, and traffic experts and consultants,

29

superintendents, managers, and such other officers, employees, and agents as may be necessary in

30

its judgment, and to fix their compensation;

31

     (7)(i) To fix from time to time, subject to the provisions of this chapter, schedules and

32

such rates of fare and charges for services furnished or operated as in its judgment are best

33

adopted to ensure sufficient income to meet the cost of service; provided, however, the authority

34

is not empowered to operate a passenger vehicle under its control in competition with passenger

 

LC005384 - Page 4 of 8

1

vehicles of a private carrier over routes which the private carrier operates pursuant to a certificate

2

of public convenience and necessity issued to the private carrier by the division of public utilities

3

and carriers; and provided further that the authority shall not require any person who meets the

4

means test criteria as defined by the Rhode Island department of elderly affairs and who is either

5

sixty-five (65) years of age, or over, or who is disabled, to pay any fare or charge for bus rides

6

during peak hours; provided, however, that such exclusion for fares or charges shall not apply:

7

     (A) To special service routes; and

8

     (B) During periods and routes of overcrowded conditions. Any person who is either

9

sixty-five (65) years of age, or over, or who is disabled, and who meets the means test criteria as

10

heretofore provided, shall not be required to pay any fare or charge for bus rides during off-peak

11

hours, and any person who is either sixty-five (65) years of age, or over, or who is disabled, and

12

who does not satisfy the means test criteria as heretofore provided, shall only be required to pay

13

one-half (1/2) of the fare or charge for bus rides during off-peak hours. For the purposes of this

14

chapter, "overcrowded conditions," "peak hours," "off-peak hours" and "special service routes"

15

shall be determined annually by the authority. The authority shall establish an advisory committee

16

comprised of seniors/persons with disabilities constituent users of the authority's services to assist

17

in the implementation of this section;

18

     (ii) Any person who accompanies and is assisting a person with a disability when the

19

person with a disability uses a wheelchair shall be eligible for the same price exemptions

20

extended to a person with a disability by subsection (7)(i) of this section. The cost to the authority

21

for providing the service to the elderly shall be paid by the state;

22

     (iii) Any person who accompanies and is assisting a passenger who is blind or visually

23

impaired shall be eligible for the same price exemptions extended to the passenger who is blind or

24

visually impaired by subsection (7)(i) of this section. The cost to the authority for providing the

25

service to the elderly shall be paid by the state;

26

     (iv) The authority shall be authorized and empowered to charge a fare for any paratransit

27

services required by the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., in accordance

28

with 49 C.F.R. Part 37.

29

     (8) To borrow money and to issue bonds of the authority for any of its purposes

30

including, without limitation, the borrowing of money in anticipation of the issuance of bonds or

31

the receipt of any operating revenues or other funds or property to be received by the authority,

32

and the financing of property to be owned by others and used, in whole or substantial part, by the

33

authority for any of its purposes, all as may from time to time, be authorized by resolution of the

34

authority; the bonds to contain on their face a statement to the effect that neither the state nor any

 

LC005384 - Page 5 of 8

1

municipality or other political subdivision of the state shall be obligated to pay the same or the

2

interest thereon;

3

     (9) To enter into management contracts for the operation, management, and supervision

4

of any or all transit properties under the jurisdiction of the authority, and to make and enter into

5

all contracts and agreements necessary or incidental to the performance of its duties and the

6

execution of its powers under this chapter;

7

     (10) Without limitation of the foregoing, to borrow money from, to receive and accept

8

grants for or in aid of the purchase, leasing, improving, equipping, furnishing, maintaining,

9

repairing, constructing, and operating of transit property, and to enter into contracts, leases, or

10

other transactions with any federal agency; and to receive and accept from the state, from any

11

municipality, or other political subdivision thereof, and from any other source, aid or

12

contributions of either money, property, labor, or other things of value, to be held, used and

13

applied only for the purposes for which the grants and contributions may be made;

14

     (11) To acquire in the name of the authority, by negotiated purchase or otherwise, on

15

such terms and conditions and in such manner as it may deem proper, or by the exercise of the

16

power of condemnation to the extent only and in the manner as provided in this chapter, such

17

public and private lands, including public parks, playgrounds or reservations, or parts thereof, or

18

rights therein, rights-of-way, property rights, easements, and interests as it may deem necessary

19

for carrying out the provisions of this chapter; provided, however, that all public property

20

damaged in carrying out the powers granted by this chapter shall be restored or repaired and

21

placed in its original condition as nearly as practicable;

22

     (12) To contract with any municipality, public or private company or organization,

23

whereby the authority will receive a subsidy to avoid discontinuance of service, and each

24

municipality within the state is hereby authorized to make and enter into such contracts and to

25

make, grant, or give to the authority a subsidy in such amount and for such period of time as it

26

may deem advisable;

27

     (13) To operate service to nearby Massachusetts and nearby Connecticut terminals for the

28

purpose of deboarding Rhode Island passengers at major traffic generating locations for the

29

benefit of passengers and to board Rhode Islanders for the return trip; provided, however, that the

30

authority operate closed door in Massachusetts and nearby Connecticut to and from its

31

destination; and

32

     (14) To do all things necessary, convenient, or desirable to carry out the purpose of this

33

chapter.

34

     (b) To effectuate the purposes of this chapter the authority shall have the following

 

LC005384 - Page 6 of 8

1

duties:

2

     (1) To participate in and contribute to transportation planning initiatives that are relevant

3

to the purposes of the authority;

4

     (2) To plan, coordinate, develop, operate, maintain and manage a statewide public transit

5

system consistent with the purposes of the authority, including plans to meet demands for public

6

transit where such demand, current or prospective, exceeds supply and/or availability of public

7

transit services;

8

     (3) To work with departments, agencies, authorities and corporations of federal, state and

9

local government, public and private institutions, businesses, nonprofit organization, users of the

10

system and other entities and persons to coordinate public transit services and provide a seamless

11

network of mobility options.

12

     SECTION 2. This act shall take effect upon passage.

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LC005384

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LC005384 - Page 7 of 8

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- PUBLIC TRANSIT-- POWERS

AND DUTIES OF THE AUTHORITY

***

1

     This act would remove the Rhode Island transit authority's bus fare adjustments enacted

2

in fiscal year 2016 budget.

3

     This act would take effect upon passage.

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LC005384

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LC005384 - Page 8 of 8