2022 Nevada Revised Statutes
Chapter 408 - Highways, Roads and Transportation Facilities
NRS 408.38724 - Department to establish goals for awarding contracts; regulations. [Effective through December 31, 2021.] Department to establish goals for awarding contracts; regulations. [Effective January 1, 2022, and expires by limitation on the earlier of September 30, 2023, or the date 90 days after the date on which the Director of the Department of Transportation transmits to the Governor and the Director of the Legislative Counsel Bureau the statement and report required by subsection 3 of NRS 408.38726.]

1. The Department shall establish goals for the awarding of contracts to disadvantaged business enterprises and local emerging small businesses for:

(a) Highway construction, reconstruction, improvements and maintenance on projects estimated to cost $250,000 or more that do not receive federal funding; and

(b) Architectural, engineering and planning services.

2. The Department shall ensure that the goals established pursuant to subsection 1 are:

(a) Consistent with the goals required for similar projects that receive federal funding; and

(b) Based upon information about the relevant market for which the goals are set.

3. The Department shall adopt regulations to define the term "local emerging small business" for the purposes of NRS 408.3872 to 408.38728, inclusive. When adopting regulations pursuant to this subsection, the Department shall determine whether other state agencies have adopted related definitions for similar projects and, if so, coordinate with those state agencies in defining the term.

(Added to NRS by 2013, 2824)

1. The Department shall establish goals for the awarding of contracts to:

(a) Disadvantaged business enterprises for projects that receive federal funding in accordance with 49 C.F.R. Part 26.

(b) Small business enterprises, local emerging small businesses and LGBTQ-owned businesses for:

(1) Highway construction, reconstruction, improvements and maintenance on projects estimated to cost $250,000 or more that do not receive federal funding; and

(2) Architectural, engineering and planning services for projects that do not receive federal funding.

2. The Department shall ensure that the goals established pursuant to paragraph (b) of subsection 1 are:

(a) Consistent with the goals required for similar projects that receive federal funding; and

(b) Based upon:

(1) Information about the relevant market for which the goals are set; and

(2) The most recent disparity study conducted by the Department.

3. The Department shall include LGBTQ-owned businesses in each disparity study.

4. The Department shall adopt regulations to define the term "local emerging small business" for the purposes of NRS 408.3872 to 408.38728, inclusive. When adopting regulations pursuant to this subsection, the Department shall determine whether other state agencies have adopted related definitions for similar projects and, if so, coordinate with those state agencies in defining the term.

5. As used in this section:

(a) "Disparity study" means a study conducted by the Department to assist the Department with implementing the federal Disadvantaged Business Enterprise Program.

(b) "LGBTQ" means lesbian, gay, bisexual, transgender, queer or intersex or of any other nonheterosexual or noncisgender orientation or gender identity or expression.

(c) "LGBTQ-owned business" means a business that:

(1) Is owned by a natural person who identifies as LGBTQ; or

(2) Has at least 51 percent of its ownership interest held by one or more natural persons who identify as LGBTQ.

(d) "Small business enterprise" means a business meeting the Small Business Administration size eligibility standards established in 13 C.F.R. §§ 121.101 to 121.201, inclusive.

(Added to NRS by 2013, 2824; A 2021, 3174, effective January 1, 2022)