§ 228:71 — Mass Transportation Powers

The commissioner shall have the power to study the adequacy of public mass transportation facilities and services now available within the state, to ascertain what further facilities and services may be necessary for the economic well-being of the state, and where feasible, to take action to improve existing facilities and services where none currently exist. Without limiting the generality of the foregoing, the commissioner may:
I. Cooperate with other agencies, public or private, in studying matters arising from the urbanization of areas within the state, with special reference to public mass transportation problems arising as a result thereof;
II. Cooperate with other agencies, public or private, in the preparation of comprehensive plans for the development of urban areas;
III. Formulate, or cooperate in the formulation of, plans for unified and coordinated transportation systems with respect to urban areas;
IV. At the request of any local public body within the state, study the public mass transportation requirements thereof, and render such assistance to such local public body as may be found appropriate and practicable;
V. Acquire, purchase, hold, use, and dispose of any property, real, personal or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of this subdivision and to lease as lessee any property, real, personal or mixed, or any interest therein for such terms and upon such conditions as the commissioner may deem to be fair and reasonable; and to lease as lessor any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the department, for such terms and upon such conditions as the commissioner may deem fair and reasonable, and sell, transfer, and convey any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the department. Provided, however, that before acquiring any such property or interest therein, the commissioner shall submit a comprehensive plan for the use thereof to the governor and council, and shall proceed to such acquisition and use only as the governor and council shall authorize;
VI. Subject to the approval of the governor and council, operate and manage public mass transportation facilities and services acquired by the department;
VII. Employ engineering consultants, accountants, construction, financial, transportation and traffic experts and consultants, superintendents, managers and such other officers and employees as may be necessary in his judgment;
VIII. Fix and, from time to time, change schedules and rates of fare and charges for service furnished or operated by the department as in the commissioner's judgment are best adapted to insure income sufficient to meet the cost of rendering service with respect to any facility or service operated by or under contract with the department. Provided, however, that the commissioner is not empowered to operate a passenger vehicle owned or leased by the department in competition with passenger vehicles of a private carrier over routes which such private carrier operates under authorization granted by the department;
IX. Contract with private common carriers of passengers by rail or by highway for the rendering of mass transportation services, whether on behalf of the department or on behalf of any local public body; and join with similarly empowered agencies of adjacent states in the making of such contracts. Provided, that any such contract shall be subject to the approval of the governor and council;
X. Accept gifts and grants from agencies of local, state and federal governments or from private agencies or persons, and accede to such conditions and obligations as may be imposed as prerequisites to such gifts and grants; except that no gift or grant of real property or tangible personal property shall be accepted without the approval of the governor and council as provided in paragraph V of this section.

Legislative History

1981, 568:55. 1985, 402:10, 11.