2020 Nevada Revised Statutes
Chapter 338 - Public Works
NRS 338.1592 - Approval of request, proposal or submission: Determination of public purpose; staff reports; copy of request, proposal or submission to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; additional provisions in agreement; establishment of date for development of or commencement of construction of transportation facility.
1. A public body may approve a request, proposal or other submission submitted pursuant to NRS 338.1588, 338.159 or 338.1591 if the public body determines that the transportation facility serves a public purpose. In determining whether the transportation facility serves a public purpose, the public body shall consider whether:
(a) There is a public need for the type of transportation facility that is proposed;
(b) The proposed interconnections between the transportation facility and existing transportation facilities and the plans of the person submitting the request for the operation of the transportation facility are reasonable and compatible with any statewide or regional program for the improvement of transportation and with the transportation plans of any other governmental entity in the jurisdiction of which any portion of the transportation facility will be located;
(c) The estimated cost of the transportation facility is reasonable in relation to similar facilities, as determined by an analysis of the cost performed by a professional engineer who is licensed pursuant to chapter 625 of NRS;
(d) The plans of the person submitting the request will result in the timely development or construction of, or improvement to, the transportation facility or its more efficient operation;
(e) The plans of the person submitting the request contain any penalties for the failure of the person submitting the request to meet any deadline which results in the untimely development or construction of, or improvement to, the transportation facility or failure to meet any deadline for its more efficient operation; and
(f) The long-term quality of the transportation facility will meet a level of performance established by the public body over a sufficient duration of time to provide value to the public.
2. In evaluating a request, proposal or other submission submitted pursuant to NRS 338.1588, 338.159 or 338.1591, the public body may consider internal staff reports prepared by personnel of the public body who are familiar with the operation of similar transportation facilities or the advice of outside advisors or consultants with relevant experience.
3. The public body shall furnish a copy of a request, proposal or other submission submitted pursuant to NRS 338.1588, 338.159 or 338.1591 to each governmental entity that has jurisdiction over an area in which any part of the transportation facility is located. Within 30 days after receipt of such a request or proposal, the governmental entity shall submit in writing to the public body, for consideration by the public body, any comments that the governmental entity has concerning the transportation facility and shall indicate whether the transportation facility is compatible with any local, regional or statewide plan or program that is applicable to the governmental entity.
4. A public body shall charge a reasonable fee to cover the costs of processing, reviewing and evaluating a request, proposal or other submission submitted pursuant to NRS 338.1588, 338.159 or 338.1591, including, without limitation, reasonable fees for the services of an attorney or a financial or other consultant or advisor, to be collected before the public body accepts the request, proposal or other submission for processing, review and evaluation.
5. The approval of a request, proposal or other submission by the public body is contingent on the person who submitted the request, proposal or other submission entering into an agreement with the public body. In such an agreement, the public body shall include, without limitation:
(a) Criteria that address the long-term quality of the transportation facility.
(b) The date, if any, of termination of the authority and duties pursuant to NRS 338.158 to 338.1602, inclusive, of the person whose request, proposal or other submission was approved by the public body with respect to the transportation facility and for the dedication of the transportation facility to the public body.
(c) Provision by which the person whose request, proposal or other submission was approved by the public body expressly agrees that the person is prohibited from seeking injunctive or other equitable relief to delay, prevent or otherwise hinder the public body or any other jurisdiction from developing, constructing or maintaining any facility that was planned and that would or might impact the revenue that the person would or might derive from the facility developed under the agreement, except that the agreement may provide for reasonable compensation to the person for the adverse effect on user fee revenues resulting from the development, construction and maintenance of an unplanned revenue impacting facility.
(d) A provision requiring all plans and specifications for any transportation facility constructed, operated or maintained pursuant to NRS 338.158 to 338.1602, inclusive, to comply with state standards and any applicable federal standards.
(e) A provision requiring all user fee revenues generated from the transportation facility to be used for right-of-way acquisition, planning, design, construction, reconstruction, operation, maintenance and enforcement of transportation facilities within the same county in which the user fee revenues are generated, except to the extent such user fee revenues are otherwise pledged or allocated pursuant to the financial terms of an agreement entered into pursuant to NRS 338.158 to 338.1602, inclusive.
6. In any agreement between a public body and a person whose request, proposal or other submission for a transportation facility pursuant to NRS 338.158 to 338.1602, inclusive, was approved by the public body, the public body may also include provisions that:
(a) Except as otherwise provided in NRS 338.1597, authorize the public body or the person to establish and collect user fees, rents, advertising and sponsorship charges, service charges or similar charges, including provisions related to traffic management strategies, if applicable.
(b) Specify technology to be used in the transportation facility.
(c) Establish circumstances under which the public body may receive all or a share of revenues from such charges.
(d) Govern enforcement of tolls, if applicable, including provisions for use of cameras or other mechanisms to ensure that users have paid tolls that are due and provisions that allow the person access to relevant databases for enforcement purposes.
(e) Except as otherwise provided in NRS 338.1597, authorize the public body to continue or cease collection of user charges, tolls, fares or similar charges after the end of the term of the agreement.
(f) Allow for payments to be made to the person, including, without limitation, availability payments or performance based payments.
(g) Allow the public body to accept payments of monies and share revenues with the person.
(h) Address how the person and public body will share management of the risks of the project.
(i) Specify how the person and public body will share development costs.
(j) Allocate financial responsibility for cost overruns.
(k) Establish the damages to be assessed for nonperformance.
(l) Establish performance criteria or incentives, or both.
(m) Address the acquisition of rights-of-way and other property interests that may be required, including provisions that address the exercise of eminent domain as provided in NRS 338.1601.
(n) Establish recordkeeping, accounting and auditing standards to be used.
(o) For a transportation facility that reverts to public ownership, address responsibility for reconstruction or renovations that are required in order for the transportation facility to meet all applicable government standards upon reversion of the facility.
(p) Provide for patrolling and law enforcement on public facilities.
(q) Identify any specifications that must be satisfied.
(r) Require the person to provide performance and payment bonds for design and construction pursuant to chapter 339 of NRS and, if additional security is required in addition to such bonds, require the person to provide surety bonds, parent company guarantees, letters of credit or other acceptable forms of security or a combination of those.
(s) Allow the public body to acquire real property that is needed for and related to the transportation facility, including acquisition by exchange for other real property that is owned by the public body.
(t) Allow the public body to sell or lease naming rights with regard to any transportation facility.
7. In connection with the approval of a transportation facility, the public body shall establish a date for the development of or the commencement of the construction of, or improvements to, the transportation facility. The public body may extend the date from time to time.
(Added to NRS by 2017, 3203)
