Part II.

Amends GS 105-506.1 by expanding upon the definition of public transportation system as it applies to the Local Government Public Transportation Sales Tax Act so that it also includes tunnels and other infrastructure designed to rapidly transport people, freight, or vehicles through automated means. Amends the definition of transportation authority as it applies to Part 2 of the Article, which is applicable to an additional 1/2% local sales and use taxes for public transportation systems in Mecklenburg County, so that it is defined as a metropolitan public transportation authority.

Amends GS 105-507.3 to allow the net proceeds of the additional tax for public transportation systems distributed to any local government, other than the county that levies the tax, to be included as revenues within the meaning of GS 159-81(4), which defines revenue for the purposes of the State and Local Government Revenue Bond Act.

Part V.

Enacts new Article 34 of GS Chapter 160A, the “Metropolitan Public Transportation Authority Act,” providing as follows.

Defines unit of local government as any county, city, town, or municipality of this state, and any other political subdivision, public corporation, authority, or district in this state, which is or may be authorized by law to acquire, establish, construct, enlarge, improve, maintain, own, and operate public transportation systems. Defines other terms used in the act.

Allows the creation of a metropolitan public transportation authority (authority) for any area of the state that, when it is created: (1) consists of a single county with a population greater than 1 million, (2) the county borders another state, and (3) the county includes at least one local government that operates a light rail system. Sets out the purpose of the authority as to finance, provide, operate, and maintain for a safe, clean, reliable, adequate, convenient, energy efficient, economically and environmentally sound public transportation system for the service area of the authority through the granting of franchises, ownership and leasing of terminals, buses and other transportation facilities and equipment, and otherwise through the exercise of the powers and duties conferred upon it, in order to enhance mobility in the region and encourage sound growth patterns. Such a service, facility, or function shall be financed, provided, operated, or maintained in the service area of the authority either in addition to or to a greater or lesser extent than services, facilities, or functions are financed, provided, operated, or maintained for the entirety of the respective units of local government. Allows the authority to take direct action to accomplish these purposes or to enter into agreements with another unit of local government in the service area of the authority or a private entity to accomplish these purposes.

Sets out the process under which a county’s board of commissioners may create such an authority via resolution, including requirements for public hearings and notice. Sets out what must be included in the resolution, including that an affirmative vote equal to at least 75% of the membership of the board of trustees is required to amend the articles of incorporation or to adopt or amend the authority’s bylaws.

Requires that the initial territorial jurisdiction of an authority be coterminous with the boundaries of the county that organized it; sets out additional parameters for the authority’s jurisdiction over local public passenger transportation.

Makes the board of trustees the governing body of an authority. Requires that the initial board of trustees be made up of 27 members, with members appointed by the board of commissioners of the county that created the authority, the governing body of the largest municipality in the county that created the authority, by the NCGA upon recommendation of the Senate President Pro Tempore and Speaker of the House, and the Governor. Members serve for four years, with half of the initial members serving two-year terms. Requires members to have experience or qualifications in the areas of law, finance, engineering, public transportation, urban planning, logistics, government, architecture, or economic development, and requires members to live within the authority’s territorial jurisdiction. Provides for the election of officers. Prohibits members from serving more than two consecutive terms, but allows reappointment after being off of the board for at least two years.

Sets out the procedure under which the board of trustees and the board of commissioners of the affected county may expand the territorial jurisdiction and service area of an authority to include a whole county that is contiguous to the then-existing territorial jurisdiction of the authority. Sets out what must be included in the resolution authorizing the expansion.

Sets out provisions governing the board of trustees voting, removal from the board, and filling of vacancies. Allows the board of trustees to select advisory committees.

Set out limits on the service area of the authority, which is to be set by the board of trustees. Lists 27 general powers of the authority, including: (1) to purchase or finance real or personal property in the manner provided for cities and counties; (2) to surrender to the State or a unit of local government any property no longer required by the authority; (3) to make, enter into, and perform contracts with private parties and public transportation companies with respect to the management and operation of public passenger transportation; (4) to operate public transportation systems extending service into another state, but only if the extension of service is authorized by any applicable State or federal agency; and (5) to issue bonds or other obligations of the authority as provided by law and apply the proceeds thereof to the financing of any public transportation system or any part thereof and to refund, whether or not in advance of maturity or the earliest redemption date, any such bonds or other obligations of the authority or another municipality that financed or refinanced real and personal property for a public transportation system to be owned or operated by the authority.

Specifies that the Utilities Commission does not have jurisdiction over rates, fees, charges, routes, and schedules of an authority for service within its territorial jurisdiction. Makes an authority subject to GS Chapter 159 (Local Government Finance). Allows the state and local governments to appropriate funds to support the establishment and operation of the authority, and to dedicate, sell, convey, donate, or lease any of their property interests to the authority. Prohibits using the authority’s equipment from being used for charter, tour, or sight-seeing services except as allowed under regulations adopted by the Federal Transit Administration.

Specifies that the authority does not impact any existing franchises granted by a local government and that all ordinances and resolutions of the unit of local government regulating local public transportation systems, bus operations, and taxicabs continue in full force and effect unless superseded by regulations of the authority.

Sets out the process under which the board of trustees may terminate the authority. Allows the authority to issue bonds and notes under The State and Local Government Revenue Bond Act to finance public transportation systems and to refund such bonds and notes and to refund any bonds, notes, or other obligations of another municipality used to finance or refinance real and personal property for a public transportation system to be owned or operated by the authority.

Gives the authority the power to purchase equipment and execute agreements, leases, or equipment trust certificates. Sets out provisions governing the payment of such agreements, leases, or equipment trust certificates. Gives the authority power to acquire, by gift, grant, devise, exchange, purchase, lease with or without option to purchase, or any other lawful method, including the power of eminent domain, the fee or any lesser interest in real or personal property for use by the authority.

Exempts the authority’s real and personal property from taxation. Also exempts the interest on bonds or obligations issued by the authority from state taxation.

Gives the authority the power to require any public utility, railroad, or other public service corporation owning or operating any installations, structures, equipment, apparatus, appliances, or facilities in, upon, under, over, across, or along any ways on which the authority has the right to own, construct, operate, or maintain its public transportation system, to relocate such installations, structures, equipment, apparatus, appliances, or facilities, or, in the sole discretion of the affected public utility, railroad, or other public service corporation, to remove them. Sets out additional requirements when relocating these items. Requires compensation for any real estate taken, subject to a reduction in compensation due by the value of the property exchanged, and requires reimbursement for relocation or removal costs, according to the specified calculation.

Requires the authority to annually submit an operating report to the NCGA, including a report of its administrative expenditures and its audited financial reports. Alternates who is to receive the report.

Allows the authority to contract with a railroad to allocate financial responsibility for passenger rail services claims. Defines claim as a claim, action, suit, or request for damages, whether compensatory, punitive, or otherwise, made by any person or entity against: a. the authority, a railroad, or an operating rights railroad  or b. an officer, director, trustee, employee, parent, subsidiary, or affiliated corporation as defined in GS 105-130.2, or agent of: the authority, a railroad, or an operating rights railroad. Requires when such a contract is entered to that the authority secure and maintain a liability insurance policy covering the liability of the parties to the contract, a State-Owned Railroad Company that owns or claims an interest in any real property subject to the contract, and any operating rights railroad for all claims for property damage, personal injury, bodily injury, and death arising out of or relating to passenger rail services. Requires the policy to have limits of no less than $200 million per single accident or incident, and the policy may include a self-insured retention in an amount of no more than $5 million. Defines operating rights railroad as a railroad corporation or railroad company that, prior to January 1, 2001, was granted operating rights by a State-Owned Railroad Company or operated over the property of a State-Owned Railroad Company under a claim of right over or adjacent to facilities used by or on behalf of the authority. If such a contract is not entered into, requires the authority to maintain a liability insurance policy with policy limits and a self-insured retention consistent with the above, for all claims for property damage, personal injury, bodily injury, and death arising out of or related to passenger rail services. Deems the authority a city for purposes of civil liability and waives governmental immunity to a minimum of $20 million per single accident or incident and requires the authority to maintain a minimum of $20 million per single accident or incident of liability insurance.

Part VI.

Provides that if Mecklenburg County creates a metropolitan public transportation authority, then the authority is subject to the following. Requires the authority to study: (1) legal and financial considerations with respect to the transfer or use of assets from Charlotte or the Charlotte Area Transportation System (CATS) to the authority; (2) legal and financial considerations with respect to outstanding indebtedness issued by Charlotte with respect to CATS to ensure no adverse impacts in relation to the outstanding indebtedness; (3) legal and financial considerations with respect to agreements and recognitions by Charlotte or CATS with respect to the public transportation system with any federal, State, regional, or local governmental entities; (4) legal and financial considerations with respect to human resources of a transfer of assets, liabilities, and operations of the public transportation system from Charlotte or CATS to the authority, including issues related, but not limited, to employee pensions, retirement plans, and benefits; (5) a recommendation as to whether the transfer of assets, liabilities, and operations of the existing public transportation system to the authority is feasible and advisable; and (6) any other issue determined to be relevant by the authority. Requires the completion of the study and publication of a report by July 1, 2025; lists recipients of a copy of the report. Requires the authority to take specified actions no later than one year after the enactment of this act, related to: (1) adoption of bylaws; (2) establishing policies for Board governance; (3) creating a human resources plan; (4) developing financial policies; (5) developing operation policies; (6) developing an information technology plan; (7) creating a plan and timeline for acquiring the assets of CATS from Charlotte; (8) ensuring approval for the use, control, and acquisition of CATS assets; (9) drafting amendments to the interlocal agreement between the specified local governments, as specified; and (10) drafting agreements or amendments to agreements with third parties that substitute the Authority for Charlotte as a party to ongoing contracts, agreements, rights, responsibilities, or liabilities.

Provides that if Mecklenburg enacts a tax authorized by S 145 (Mecklenburg Transportation Authority), if that act becomes law, then the Authority and Charlotte must take the specified actions concerning receiving the tax proceeds, handling assets, handing of the existing CATS Revenue Reserve Fund, requiring the authority to make payments to Charlotte, and for the transfer of employees. Also sets out conditions under which specified interlocal agreement with respect to taxes would be terminated.

Provides that if Mecklenburg County creates a metropolitan public transportation authority under this act, then any service outside of the territorial jurisdiction of the authority offered as of the date that the authority assumes operational control of the assets of CATS may continue without the governing bodies of the applicable political subdivisions granting approval by majority vote for the continuation of the service.

Part VII.

Allows a municipality to include as revenues the receipts from any sales tax or other local tax received by a municipality in connection with its ownership and operation of a revenue bond project or a utility or public service enterprise facility or system of which a revenue bond project is a part as long as the pledge of such receipts does not constitute a pledge of the municipality's taxing power. Gives a municipality the authority to finance and refinance the cost of public transportation systems, facilities, or equipment with bonds or notes secured: (1) by the revenues of the public transportation systems, facilities, or equipment; (2) by pledge, mortgage, or grant of a security interest in all or a portion of the real and personal property, whether owned or leased, comprising the public transportation systems, facilities, or equipment; and (3) as otherwise provided in Article 5 of GS Chapter 159. Allows each municipality to secure bonds or notes by a pledge of all or any portion of the revenues of public transportation systems, facilities, or equipment without regard to meeting the expense and maintenance and operation of and renewals and replacements with respect to the revenue bond project. Limits the applicability of the provisions of this Part to cities with a population of greater than 870,000 according to the 2020 federal decennial census or any subsequent federal decennial census and metropolitan public transportation authorities created under Article 34 of GS Chapter 20, as created in this act.

Part VIII.

Amends GS 40A-3 by adding a metropolitan public transportation authority to those that have the power of eminent domain. Amends GS 105-164.14 by allowing a metropolitan public transportation authority an annual refund of sales tax paid on direct purchases of items. Amends GS 136-44.20 to include a metropolitan public transportation authority under provisions related to a State Full Funding Grant Agreement and the use of State funds for fixed guideway projects. Amends GS 136-44.27 by amending the use of funds in the Elderly and Disabled Transportation Assistance Program to include metropolitan public transportation authorities. Amends GS 143-129, concerning transportation authority purchases, to incorporate metropolitan public transportation authorities. Amends GS 143-157.1 to require appointments to metropolitan public transport authorities to be reported to the Secretary of State. Amends GS 153A-148.1 to allow disclosures of a taxpayer’s income to exchange information with a metropolitan public transportation authority. Amends GS 159-48 to allow metropolitan public transportation authorities to borrow money and issue bonds. Amends GS 159-81 by including metropolitan public transportation authority under the definition of municipality for Article 5, Revenue Bonds. Amends GS 160A-20, concerning security interests, to include a metropolitan public transportation authority under the statute’s definition of unit of local government.

Part IX.

States that it is the NCGA’s intent not to reduce transportation funding allocations for any municipality in Mecklenburg County as a result of this act or the levy of a tax under the provisions of Senate Bill 145 (Mecklenburg Transportation Authority), if that bill becomes law; and not to reduce State transportation funding for State projects located in Mecklenburg County as a result of the enactment of this act or the levy of a tax under the provisions of Senate Bill 145, if that bill becomes law. Prohibits the Department of Transportation, without NCGA authorization, from reducing funding for any transportation projects as a result of this act or the levy of a tax pursuant to the provisions of Senate Bill 145, if that bill becomes law.

Makes this act effective only if Senate Bill 145 becomes law and makes this act effective when Senate Bill 145 becomes law.