Regional Transportation Planning Authority Act

Introduction

The language for the Regional Transportation Planning Authority Act was taken from Florida SB 686, which was signed into law by Governor Jeb Bush on June 20, 2003 (F.S. Chapter 2003-159).

The bill created the South Florida Regional Transportation Authority (SFRTA) to replace the Tri-County Commuter Rail Authority and govern transportation planning in the three participating counties of Miami-Dade, Broward, and Palm Beach. Initiated by leaders in the business community, the SFRTA was created to provide a coordinated transportation system between the three counties in order to relieve traffic congestion and move residents and tourists more efficiently throughout the area.

In order to fund the envisioned integrated, multi-modal transit system, supporters of the SFRTA realized that the counties stood a greater chance of gaining significant federal transportation dollars by working together, rather than competing for the funds separately. In keeping with this concept, the language of the bill allows for the service area of the SFRTA to be expanded to include other counties, but only during a year that federal reauthorization of transportation funding occurs.

Initially, the counties sought to levy an annual $2 licensing fee on registration or renewal of motor vehicle registrations, in order to fund the SFRTA. Members of both the House and Senate argued against this provision, ultimately forcing the counties to come up with the dedicated $2.67 million annually using local and other non-federal funds. As a compromise, the legislature authorized counties to implement the $2 tax subject to voter approval. The bill text below does not require voter approval of the tax. Both the $2 license fee and annual allocation amounts are suggestions and may differ depending on an individual state’s needs.

The above information was provided by the South Florida Regional Planning Council.

Bill Text

The Regional Transportation Planning Authority Act

An Act to create a regional planning authority to establish, oversee, and operate a multi-modal, integrated transportation system in a rapidly growing area of the state; and to designate powers, duties, and sources of funding for such an authority.

Section 1. Short Title.

This Act shall be known and may be cited as the “Regional Transportation Planning Authority Act.”

Section 2. Purposes.

The purposes of the Regional Transportation Planning Authority Act are the following:

(A) To create a regional planning authority to establish, oversee, and operate a multi-modal, integrated transportation system;

(B) To relieve traffic congestion and move residents and tourists more efficiently throughout urban areas;

(C) To designate powers and duties of the <insert your state’s name> Regional Transportation Authority; and

(D) To fund the <insert your state’s name> Regional Transportation Authority through county appropriations and a levy of an annual licensing fee on registration or renewal of motor vehicle registrations.

Section 3. Legislative Findings.

The Legislature makes the following findings:

(A) Traffic congestion is a growing problem in rapidly urbanizing areas of the state;

(B) The impacts of poor transportation planning, including economic and environmental affects, extend beyond county borders; and

(C) Counties and cities cannot effectively address these impacts alone; a regional approach to transportation planning is necessary to reduce congestion and create an efficient public transportation system.

Section 4. Definitions.

For the purposes of this Act, the terms below are defined as follows:

(A) “Authority” means the <insert your state’s name> Regional Transportation Authority;

(B) “Board” means the governing body of the <insert your state’s name> Regional Transportation Authority;

(C) “Feeder transit services” means a transit system that transports passengers to or from stations within or across counties;

(D) “Member” means an individual serving on the board;

(E) “Service area” means <insert county names specific to your state> Counties. However, this area may be expanded by mutual consent of the Authority and the board of county commissioners representing the proposed expansion area;

(F) “Transit facilities” means property, avenues of access, equipment, or buildings built and installed in <insert county names specific to your state> Counties of the service area which are required to support a transit system; and

(G) “Transit system” means a system used for the transportation of people and goods by means of, without limitation, a street railway, an elevated railway having a fixed guideway, a commuter railroad, a subway, motor vehicles, or motor buses, and includes a complete system of tracks, stations, and rolling stock necessary to effectuate passenger service to or from the surrounding regional municipalities.

Section 5. Establishment of the State Regional Transportation Authority.

(A) There is created and established a body politic and corporate, an agency of the state, to be known as the “<insert your state’s name> Regional Transportation Authority,” hereinafter referred to as the “Authority.”

(B) The governing board of the Authority shall consist of <insert number> voting members, as follows:

(1) The county commissions of <insert county names specific to your state> Counties shall each elect a commissioner as that commission’s representative on the board. The commissioner must be a member of the county commission when elected and for the full extent of his or her term;

(2) The county commissions of <insert county names specific to your state> Counties shall each appoint a citizen member to the board who is not a member of the county commission but who is a resident of the county from which he or she is appointed and a qualified elector of that county. Insofar as practicable, the citizen member shall represent the business, civic, and other interests of the County;

(3) The secretary of the Department of Transportation <or your state’s equivalent> shall appoint one of the district secretaries, or his or her designee, for each of the districts within which the service area of the <insert your state’s name> Regional Transportation Authority is located;

(4) The Governor shall appoint <insert number> members to the board who are residents and qualified electors in the area served by the Authority but who are not residents of the same county and also not residents of the county in which the district secretary who was appointed pursuant to paragraph (3) is a resident; and

(5) If the Authority’s service area is expanded pursuant to this Act, the county containing the new service area shall have <insert number> members appointed to the board as follows:

(a) The county commission of the county in the new service area shall elect a commissioner as that commission’s representative on the board. The commissioner must be a member of the county commission when elected and for the full extent of his or her term;

(b) The county commission of the county in the new service area shall appoint a citizen member to the board who is not a member of the county commission but who is a resident and a qualified elector of that county. Insofar as is practicable, the citizen member shall represent the business, civic, and other interests of the County; and

(c) The Governor shall appoint a citizen member to the board who is not a member of the county commission but who is a resident and a qualified elector of that county.

(C)

(1) Members of the governing board of the Authority shall be appointed to serve four-year staggered terms, except that the terms of the appointees of the Governor shall be concurrent; and

(2) The terms of the board members currently serving on the Authority that is being succeeded by this Act shall expire after 30 days after passage of this Act, at which time the terms of the members appointed pursuant to subsection (B) shall commence. The Governor shall make his or her appointments to the board within 30 days after passage of this Act.

(D) A vacancy during a term shall be filled by the respective appointing authority in the same manner as the original appointment and only for the balance of the unexpired term.

(E) The members of the Authority shall serve without compensation, but are entitled to reimbursement for travel expenses actually incurred in their duties as provided by law.

Section 6. Powers and Duties.

(A)

(1) The Authority created and established pursuant to Section 5 of this Act shall have the right to own, operate, maintain, and manage a transit system in the area of <insert county names specific to your state> Counties, hereinafter referred to as the <insert your state’s name> Regional Transportation Authority;

(2) It is the express intention of this section that the Authority be authorized to plan, develop, own, purchase, lease, or otherwise acquire, demolish, construct, improve, relocate, equip, repair, maintain, operate, and manage a transit system and transit facilities; to establish and determine the policies necessary for the best interest of the operation and promotion of a transit system; and, to adopt rules necessary to govern the operation of a transit commuter rail system and transit commuter rail facilities. It is the intent of the Legislature that the <insert your state’s name> Regional Transportation Authority shall have overall authority to coordinate, develop, and operate a regional transportation system within the area served; and

(3) Notwithstanding subsection (B), the <insert your state’s name> Regional Transportation Authority may not exercise the powers in paragraph (2) with respect to an existing system for transporting people and goods by any means which is owned by another entity without the consent of that entity. Furthermore, if the Authority acquires purchases, operates, or inherits an existing entity, the Authority shall also inherit and assume all rights, assets, labor agreements, appropriations, privileges, and obligations of the existing entity. This paragraph does not preclude the <insert your state’s name> Regional Transportation Authority from having the primary responsibility to develop and coordinate the transportation systems within the service area of the <insert your state’s name> Regional Transportation Authority.

(B) The Authority created in this Act shall be the successor and assignee of the <insert existing authority, or disregard if none exists> and shall inherit the rights, assets, labor agreements, appropriations, privileges, and obligations of the existing authority.

(C) The Authority may exercise all powers necessary, appurtenant, convenient, or incidental to the carrying out of the aforesaid purposes, including, but not limited to, the following rights and powers:

(1) To sue and be sued, implead and be impleaded, complain and defend in all courts in its own name;

(2) To adopt and use a corporate seal;

(3) To have the power of eminent domain, including the procedural powers granted under <insert applicable reference in state statute>;

(4) To acquire, purchase, hold, lease as a lessee, and use any franchise or property, real, personal, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the Authority;

(5) To sell, convey, exchange, lease, or otherwise dispose of any real or personal property acquired by the Authority;

(6) To fix, alter, establish, and collect rates, fares, fees, rentals, and other charges for the use of any transit system or transit facilities owned or operated by the Authority;

(7) To develop and provide feeder transit services to or from stations within or across counties;

(8) To adopt bylaws for the regulation of the affairs and the conduct of the business of the Authority. The bylaws shall provide for quorum and voting requirements, maintenance of minutes and other official records, and preparation and adoption of an annual budget;

(9) To lease, rent, or contract for the operation or management of any part of a transit system or transit facility, including feeder transit services and concessions. In awarding a contract, the Authority shall consider, but is not limited to, the following:

(a) The qualifications of each applicant;

(b) The level of service;

(c) The efficiency, cost, and anticipated revenue;

(d) The construction, operation, and management plan;

(e) The financial ability to provide reliable service; and

(f) The impact on other transportation modes, including the ability to interface with other transportation modes and facilities.

(10) To enforce collection of rates, fees, and charges, and to establish and enforce fines and penalties for violations of any rules;

(11) To advertise and promote transit systems, transit facilities, and activities of the Authority;

(12) To employ an executive director, attorney, staff, and consultants;

(13) To cooperate with other governmental entities and to contract with other governmental agencies, including the Department of Transportation <or your state’s equivalent>, the federal government, regional planning councils <or appropriate planning association>, counties, and municipalities;

(14) To enter into joint development agreements;

(15) To accept funds from other governmental sources, and to accept private donations; and

(16) To purchase by directly contracting with local, national, or international insurance companies to provide liability insurance, which the Authority is contractually and legally obligated to provide, the requirements of <insert applicable section from state law> notwithstanding;

(C) The Authority shall develop and adopt a plan for the operation, maintenance, and expansion of the transit system. Such plan shall address the Authority’s plan for the development of public and private revenue sources, and the service to be provided, including expansions of current service, which are consistent, to the maximum extent feasible, with approved local government comprehensive plans. The plan shall be reviewed and updated annually; and

(D) The Authority, by a resolution of its governing board, may expand its service area and enter into a partnership with any county in the state that is contiguous to the service area of the Authority. The board shall determine the conditions and terms of the partnership, except as provided herein. However, the Authority may not expand its service area without the consent of the board of county commissioners representing the proposed expansion area and a county may not be added to the service area except in the year that federal reauthorization legislation for transportation funds is enacted.

Section 7. Revenue Bonds.

(A) The Authority is authorized to borrow money as provided by the state Bond Act <or insert name of your state act> for the purpose of paying all or any part of the cost of any one or more projects of the <insert your state’s name> Regional Transportation Authority. The principal of, and the interest on, such bonds shall be payable solely from revenues pledged for their payment.

(B) The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the projects for which such bonds shall have been issued, except as provided in the state Bond Act <or insert name of your state act>. Such proceeds shall be disbursed and used as provided in this section and in such manner and under such restrictions, if any, as the Division of Bond Finance <or your state’s equivalent agency> may provide in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same.

(C) The Division of Bond Finance <or your state’s equivalent agency> is authorized to issue revenue bonds on behalf of the Authority to finance or refinance the cost of projects.

(D) Revenue bonds issued under the provisions of this Act are not debts of the state or pledges of the faith and credit of the state. Such bonds are payable exclusively from revenues pledged for their payment. All such bonds shall contain a statement on their face that the state is not obligated to pay the same or the interest thereon, except from the revenues pledged for their payment, and that the faith and credit of the state is not pledged to the payment of the principal or interest of such bonds. The issuance of revenue bonds under the provisions of this Act does not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatsoever, or to make any appropriation for their payment. No state funds shall be used to pay the principal or interest of any bonds issued to finance or refinance any portion of the <insert your state’s name> Regional Transportation Authority transit system, and all such bonds shall contain a statement on their face to this effect. However, federal funds being passed through the department to the <insert your state’s name> Regional Transportation Authority and those state matching funds required by the United States Department of Transportation as a condition of federal funding may be used to pay principal and interest of any bonds issued.

(E) The state pledges to and agrees with the holders of the bonds issued pursuant to this Act that the state will not limit or restrict the rights vested in the authority to construct, reconstruct, maintain, and operate any project as defined in this Act, to establish and collect such fees or other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation of the system, and to fulfill the terms of any agreements made with the holders of bonds authorized by this Act. The state further pledges that it will not in any way impair the rights or remedies of the holders of such bonds until the bonds, together with interest thereon, are fully paid and discharged.

Section 8. County Funding for the State Regional Transportation Authority.

(A) Each county served by the <insert your state’s name> Regional Transportation Authority must dedicate <$2.67 million or other determined amount> to the Authority annually. The recurring annual amount must be dedicated by the governing body of each county by <insert date>. Dedicated funding may come from any source of local gas taxes or other non-federal funds available to the counties;

(B) The Legislature authorizes the levy of an annual license tax in the amount of <$2 or other determined amount> for the registration or renewal of registration of each vehicle taxed under <insert applicable section from state law> and registered in the service area by the <insert your state’s name> Regional Transportation Authority. The annual license tax shall take effect in any county served by the Authority in 90 days after passage of this Act. The annual license tax shall be levied and the Department of Highway Safety and Motor Vehicles shall remit the proceeds each month from the tax to the <insert your state’s name> Regional Transportation Authority; and

(C) If, after one year after passage of this Act, the <insert your state’s name> Regional Transportation Authority has not received federal matching funds based upon the dedication of funds under subsection (A), subsection (A) shall be repealed.

Section 9. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.

Section 10. Effective Date.

This Act shall take effect immediately upon enactment.