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Home » US Law » 2022 Nevada Revised Statutes » TITLE 28—PUBLIC WORKS AND PLANNING » Chapter 338 - Public Works » TRANSPORTATION FACILITIES » Authorization in Counties Whose Population is 700,000 or More

NRS 338.158 – Definitions.

As used in NRS 338.158 to 338.1602, inclusive, unless the context otherwise requires, the words and terms defined in NRS 338.1581 to 338.1585, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2017, 3197)

NRS 338.1581 – “Concession” defined.

“Concession” means any lease, ground lease, franchise, easement, permit, right of entry, operating agreement or other binding agreement transferring rights for the use or control, in whole or in part, of a transportation facility by a public body to a private partner. (Added to NRS by 2017, 3197)

NRS 338.1584 – “Transportation facility” defined.

“Transportation facility” means any existing, enhanced, upgraded or new facility used or useful for the safe transport of persons, information or goods by one or more modes of transport, including, without limitation, a road, railroad, bridge, tunnel, overpass, mass transit facility, light rail, commuter rail, conduit, ferry, boat, vessel, intermodal or multimodal system, a system […]

NRS 338.1585 – “User fee” defined.

“User fee” means a fee, toll, fare or other similar charge, including, without limitation, any incidental, account maintenance, administrative, credit card or video tolling fee or charge, imposed on a person for his or her use of a transportation facility by a public body or by a private partner pursuant to a public-private partnership. (Added […]

NRS 338.1586 – Applicability.

The provisions of NRS 338.158 to 338.1602, inclusive, apply only in a county whose population is 700,000 or more. (Added to NRS by 2017, 3198)

NRS 338.1587 – Public-private partnership: Authority to enter; authorized provisions.

1. A public body may enter into a public-private partnership to plan, finance, design, construct, improve, maintain, operate or acquire the rights-of-way for, or any combination thereof, a transportation facility. 2. A public-private partnership may include, without limitation: (a) A predevelopment agreement leading to another implementing agreement for a transportation facility as described in this […]

NRS 338.1588 – Public-private partnership: Methods of procurement; information required to be provided by public body for certain procurements; relative weight of factors in evaluation of proposals; exemption from public bidding or procurement procedures; expenditure of money; sale, lease, grant, transfer or conveyance of facility or property or interest therein to public body.

1. A public body may procure a public-private partnership by means of: (a) Requests for project proposals in which the public body describes a class of transportation facilities or a geographic area in which private entities are invited to submit proposals to develop transportation facilities. (b) Solicitations using requests for qualifications, short-listings of qualified proposers, […]

NRS 338.1589 – Alternative methods: Authorization.

A public body may authorize a person to design, finance, lease, repair, acquire, extend, expand, plan, equip, replace, develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility pursuant to NRS 338.159 or 338.1591. (Added by NRS by 2017, 3201)

NRS 338.1591 – Alternative methods: Request for submission of proposals by public body.

If a public body receives a request regarding a transportation facility pursuant to NRS 338.159 and the public body determines that the transportation facility serves a public purpose, the public body may request other persons to submit proposals to design, finance, lease, repair, acquire, extend, expand, plan, equip, replace, develop, construct, improve, maintain or operate, […]

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 […]

NRS 338.1593 – Confidentiality of information obtained by or disclosed to public body in connection with request, proposal or public-private partnership.

1. Notwithstanding any other provision of law, any information obtained by or disclosed to a public body in connection with a request or proposal pursuant to NRS 338.159 or 338.1591 or during the procurement or negotiation of a public-private partnership pursuant to NRS 338.1588 must be kept confidential until a notice of intent to award […]

NRS 338.1594 – Financing.

1. A transportation facility may be financed, in whole or in part, with money from any lawful source, including, without limitation: (a) Any public or private funding, loan, grant, line of credit, loan guarantee, credit instrument, private activity bond allocation, grant anticipation revenue bond, credit assistance from the government of this State or the Federal […]

NRS 338.1595 – Acceptance of federal money; agreements or arrangements with United States; acceptance of grants, donations, gifts and conveyances; combination of public and private money authorized.

1. A public body, either directly or through a designated party, may: (a) Accept from the United States or any of its agencies money that is available to the public body for carrying out the purposes of NRS 338.158 to 338.1602, inclusive, whether the money is made available by grant, loan or other financing arrangement. […]

NRS 338.1596 – Deposit and use of money received and retained by public body pursuant to public-private partnership derived from charge with respect to operation of motor vehicle on highway in State.

All money which is received and is to be retained by a public body pursuant to a public-private partnership and which is derived from the imposition of any charge with respect to the operation of any motor vehicle upon any public highway in this State must be deposited in the State Highway Fund, accounted for […]

NRS 338.1598 – Contract for services under alternative methods.

A public body may contract with a person whose request or proposal submitted pursuant to NRS 338.159 or 338.1591 is approved pursuant to NRS 338.1592 for services to be provided by the transportation facility in exchange for such payments for service and other consideration as the public body may deem appropriate. (Added to NRS by […]

NRS 338.1599 – Federal, state or local assistance.

The public body may take any action necessary to obtain federal, state or local assistance for a transportation facility that it approves and may enter into any contracts required to receive such assistance. The public body shall, by resolution, determine if it serves the public purpose for all or a portion of the costs of […]