Second Regular Session S.B. 1184
PROPOSED
SENATE AMENDMENTS TO S.B. 1184
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 28-143, Arizona Revised Statutes, is amended to read:
28-143. Heavy rail; construction; definitions
A. For each heavy rail or commuter rail project, the licensed contractor performing the construction shall perform, with the contractor's own organization, construction work on the rail component that amounts to not less than thirty per cent percent of the contract price for construction of the rail component.
B. The thirty per cent percent self-performance requirement of subsection A of this section does not apply if the contract price for construction of the rail component is less than one-half of the total contract price for construction of the heavy rail or commuter rail project.
C. Project elements shall may not be artificially added to a project to make a project into a heavy rail or commuter rail project. Project elements shall not or be artificially deleted from a project to make a project not a heavy rail or commuter rail project.
D. The department may include in any heavy rail or commuter rail project:
1. Rail components.
2. Stations, maintenance or repair facilities, operations centers, office buildings or parking facilities related to heavy rail or commuter rail.
E. If any monies for a heavy rail or commuter rail project are provided by the federal government, any requirement or other provision of this section does not apply to the heavy rail or commuter rail project if the requirement or provision is in conflict with any requirement of federal law, regulation or policy, the federal government or the federal funding agency.
F. For the purposes of this section, in determining the contract price for construction of all or any part of a heavy rail or commuter rail project, the contract price for construction does not include the cost of preconstruction services or design services, as defined in section 28-7361, or any other related services or the cost to procure any right-of-way or other cost of condemnation.
G. This section applies to the design-bid-build, design-build, construction-manager-at-risk and job-order-contracting project delivery methods.
H. For the purposes of this section:
1. "Heavy rail" means freight rail for the purposes of transporting cargo or goods and not human passengers.
1. 2. "Heavy rail or commuter rail project" means a department facilities project for heavy rail or commuter rail, including any rail component and any stations, maintenance or repair facilities, operations centers, office buildings or parking facilities relating to heavy rail or commuter rail.
2. 3. "Rail component":
(a) Means the part of a heavy rail or commuter rail project related to the track and operation of trains on the track, including the rails, ties, track bed, subgrade, excavations, dirt, rock and any other materials removal and buildup, signals and communications equipment, highway crossings and crossing gates and signals. Rail component
(b) Does not include any stations, maintenance or repair facilities, operations centers, office buildings or parking facilities.
Sec. 2. Title 28, chapter 27, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. COMMUTER RAIL
28-9211. Definitions
In this article, unless the context otherwise requires:
1. "Commuter rail" means rail passenger service, operating primarily on a dedicated right-of-way, in whole or in part on existing railroad tracks, used for intercity rail passenger service between and within metropolitan and suburban areas, connecting these areas with large business or urban centers, for the purposes of public conveyance.
2. "commuter rail project" means a facilities project for commuter rail, including any stations, maintenance or repair facilities, operations centers, office buildings or parking facilities relating to commuter rail.
28-9212. Commuter rail and commuter rail project regulation; state preemption
A. The construction, maintenance and operation of a commuter rail or a commuter rail project is of statewide concern. A commuter rail or a commuter rail project that is regulated pursuant to this title is not subject to further regulation by a county, city, town or other political subdivision of this state.
B. Notwithstanding subsection a of this section, a county, city, town or other political subdivision of this state, by a majority vote of the elected governing body, may opt out of any stations, office buildings or parking facilities relating to commuter rail within its jurisdiction.
C. Subsection a of this section does not require a county, city, town or political subdivision of this state to spend its monies or resources, or assess or impose a tax or fee, for the construction, maintenance and operation of a commuter rail or commuter rail project.
28-9213. Department; prohibited actions
Notwithstanding chapter 2 of this title and except for commuter rail projects in operation on or before january 1, 2024, the department may not:
1. Enter into an intergovernmental agreement or a private contract to construct, operate or maintain a commuter rail or a commuter rail project.
2. Accept grants, donations, aid or other monies from the federal government or an agency of the federal government to construct, operate or maintain a commuter rail or a commuter rail project."
Renumber to conform
Page 1, line 21, strike "1" insert "3"; strike "2" insert "4"
Amend title to conform