48-5121. Public transportation element of the regional transportation plan

A. In counties with a population of one million two hundred thousand persons or more, the regional planning agency shall develop, in cooperation with state and local public transportation authorities and operators, the public transportation element of the regional transportation plan that is coordinated with the regional transportation plan adopted pursuant to section 28-6308.

B. Among other things, the public transportation element of the regional transportation plan shall:

1. Define and identify regional public transportation corridors.

2. Define the public transportation problems, goals and needs for each corridor.

3. Determine environmental, economic, energy and social policies to guide public transportation investment decisions.

4. Order the priority of regional public transportation corridors for development.

5. Determine the mix of alternative public transportation modes appropriate for development in light of the public transportation goals and needs for each corridor.

6. Determine performance criteria and costs for public transportation systems.

C. The public transportation element of the regional transportation plan shall include, in addition to the appropriate items prescribed in subsection B of this section, the following items presented on an individual fiscal year basis:

1. The capital and operating costs of the planned regional public transportation system.

2. The revenue needed by source, according to section 48-5103, to fund the transportation element of the regional transportation plan.

D. If the plan includes a rail component and if the rail operator adopts estimates of capital and maintenance and operation costs of the rail system, each member municipality in which the rail system is constructed shall pay to the public transportation fund amounts by which the actual capital, maintenance and operation costs exceed the estimated costs by more than fifteen per cent, computed in constant dollars. The excess costs shall be allocated among the affected member municipalities according to the proportion of the rail system facilities that are located in each municipality. The affected member municipalities shall:

1. Pay the monies from their respective general funds to the public transportation fund in the fiscal year following the fiscal year in which the excess costs were incurred.

2. Not pay to the public transportation fund under this subsection monies that it received from any source pursuant to title 28.

3. Not reduce its support of transportation projects funded by any source pursuant to title 28 in order to make payments under this subsection.

E. The board may recommend modifications to the public transportation element of the regional transportation plan to reflect changes in population density or technological advances in the approved public transportation modes. A majority of the members of the board voting at a public hearing called for that purpose must approve the recommended modifications.