REQUIRES TWO-THIRDS MAJORITY VOTE
(§§ 1, 24, 25)
A.B. 61
- *AB61*
ASSEMBLY BILL NO. 61–COMMITTEE
ON GROWTH AND INFRASTRUCTURE
(ON BEHALF OF THE CITY OF SPARKS)
PREFILED NOVEMBER 20, 2024
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Authorizes the Regional Transportation Commission
of Washoe County or any local government within
Washoe County to establish a demonstration project
for a certain toll road. (BDR 43-468)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to transportation; prohibiting the Department of
Motor Vehicles from renewing the registration of a motor
vehicle under certain circumstances; exempting certain
property rights relating to a demonstration project for a
certain toll road from the imposition of property tax;
authorizing the Regional Transportation Commission of
Washoe County or any local government within Washoe
County to establish a demonstration project for a certain
toll road; authorizing the Commission or a local
government within Washoe County to enter into public-
private partnerships to plan, design, finance, construct,
improve, maintain, operate or acquire rights-of-way for
the demonstration project; authorizing the issuance of
certain bonds or notes of the Commission or a local
government within Washoe County to finance the project;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Sections 3-33 of this bill enact the La Posada Drive to USA Parkway 1
Connection Toll Road Demonstration Project Act which: (1) authorizes the 2
Regional Transportation Commission of Washoe County or any local government 3
within Washoe County to establish a demonstration project for a toll road 4
connecting the eastern terminus of La Posada Drive within the City of Sparks to the 5
– 2 –
- *AB61*
area in the vicinity of the intersection of State Route 439 and U.S. Interstate 6
Highway 80; and (2) establishes various requirements for the demonstration 7
project. Section 17: (1) authorizes the Commission or a local government within 8
Washoe County to take certain actions with respect to the demonstration project; 9
and (2) provides that the demonstration project must be and remain a public 10
highway owned by the Commission or a local government within Washoe County. 11
Section 17 deems State Route 445 and U.S. Interstate Highway 80 alternate 12
routes to the toll road which do not require a user fee and which accommodate all 13
classes of vehicles. Section 18 prohibits the Commission and the Department of 14
Transportation from prohibiting or seeking a federal prohibition on the use of any 15
classes of vehicles which are authorized to use State Route 445 and U.S. Interstate 16
Highway 80. 17
Section 19 authorizes the Commission or a local government within Washoe 18
County to enter into a public-private partnership with one or more private partners 19
for planning, designing, financing, constructing, improving, maintaining, operating 20
or acquiring rights-of-way for the demonstration project. Section 12 designates the 21
Commission or a local government within Washoe County a “public partner” if 22
the entity has entered into such a public-private partnership. Section 20 sets forth 23
the requirements which must be satisfied to be eligible as a private partner in a 24
public-private partnership to undertake work for the demonstration project. Section 25
21 provides for the confidentiality of certain information obtained by or disclosed 26
to the Commission or local government during the procurement or negotiation of a 27
public-private partnership. 28
Section 22 establishes limits on the term of a public-private partnership and 29
provides circumstances under which the term may be extended. Section 23 sets 30
forth certain mandatory and optional provisions for inclusion in a public-private 31
partnership. 32
Section 24 requires a public partner to establish or include in the public-private 33
partnership: (1) a schedule of user fees for the use of the demonstration project or a 34
methodology for establishing such a schedule; and (2) administrative fines and 35
other penalties for nonpayment of user fees. Section 24 sets forth certain 36
exemptions from such user fees and authorizes a public partner to establish 37
additional exemptions. Section 25 provides that registered owners are subject to 38
administrative fines and penalties for failure to pay a required user fee. Sections 1 39
and 25 of this bill require the Department of Motor Vehicles to place a hold on the 40
renewal of the registration of a motor vehicle if a public partner or a private partner 41
files a notice with the Department of Motor Vehicles that the registered owner of 42
the motor vehicle has failed to pay a required fee. Section 1 authorizes the 43
Department to require a public partner or private partner to pay a fee for the 44
creation, maintenance or revision of a record concerning such a notice. Section 25 45
authorizes the Department to impose an additional fee upon any person who applies 46
for the renewal of the registration of a motor vehicle subject to a hold for 47
nonpayment of a required fee. 48
Section 26 requires that all money that is received and that is to be retained by 49
a public partner pursuant to a public-private partnership in connection with the 50
demonstration project that is derived from the imposition of any charge with 51
respect to the operation of any motor vehicle upon any public highway in this State 52
must be deposited in the State Highway Fund and, except for cost of administration, 53
must be used exclusively for the construction, maintenance and repair of the public 54
highways of this State. Section 26 also provides that the money must first be used 55
to defray the obligation of a public partner under a public-private partnership, 56
including, without limitation, the costs of administration, design, construction, 57
operation, maintenance, financing and repair of the demonstration project. 58
– 3 –
- *AB61*
Section 27 sets forth the manner in which the demonstration project and any 59
property improvement determined by a public partner to be necessary or desirable 60
therefor may be financed. 61
Section 28 grants a public partner the power to acquire, condemn or hold 62
certain real property and appurtenances for the demonstration project and grant to a 63
private partner a lease, easement, operating agreement, license, permit or right of 64
entry for such real property and appurtenances. Sections 2 and 28 of this bill 65
exempt such real property and appurtenances, or the use thereof, from all real 66
property and ad valorem taxes. 67
Section 29 provides that a private partner is exempt from any assessment on 68
property which a public partner provides to the private partner pursuant to a public-69
private partnership and on which the demonstration project is located. Section 30 70
requires a private partner to use competitive bidding to award contracts for 71
construction work on the demonstration project and to pay prevailing wages to 72
workers engaged in construction on the demonstration project. Section 31 imposes 73
on a private partner, the Commission and certain local governments in Washoe 74
County certain duties relating to advertisements for requests by a private partner for 75
bids for the performance of construction work for a public-private partnership. 76
Section 32: (1) provides for the authorization of a private partner to remove 77
encroachments or relocate a utility from the right-of-way of the demonstration 78
project; (2) authorizes a public partner to incorporate resulting costs into a public-79
private partnership; and (3) prohibits the requirement that a utility pay any costs 80
related thereto. 81
Section 33 provides that, in the event of conflict with other statutory provisions 82
governing the administration of highways in this State, the provisions of the Act 83
control. 84
Sections 5-16 define certain words and terms for the purposes of the Act. 85
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.2805 is hereby amended to read as 1
follows: 2
482.2805 1. Except as otherwise provided in subsection 3, 3
the Department of Motor Vehicles shall not renew the registration of 4
a motor vehicle if [a] : 5
(a) A local authority has filed with the Department of Motor 6
Vehicles a notice of nonpayment pursuant to NRS 484B.527, [or if 7
the] unless, at the time for renewal of the registration, the 8
registered owner of the motor vehicle provides to the Department 9
of Motor Vehicles a receipt issued by the local authority pursuant 10
to NRS 482.2807; 11
(b) The Department of Transportation or a private partner under 12
a public-private partnership has filed a notice of nonpayment 13
pursuant to section 42 of the Boulder City Bypass Toll Road 14
Demonstration Project Act, unless, at the time for renewal of the 15
registration, the registered owner of the motor vehicle provides to 16
the Department of Motor Vehicles [a receipt issued by the local 17
authority pursuant to NRS 482.2807, or] a receipt issued by the 18
– 4 –
- *AB61*
Department of Transportation or a private partner under a public-1
private partnership [.] entered into pursuant to that Act; or 2
(c) A public partner or a private partner under a public-private 3
partnership has filed a notice of nonpayment pursuant to section 4
25 of this act, unless, at the time for renewal of the registration, 5
the registered owner of the motor vehicle provides to the 6
Department of Motor Vehicles a receipt issued by a public partner 7
or a private partner under a public-private partnership entered 8
into pursuant to that Act. 9
2. If the registered owner provides a receipt to the Department 10
of Motor Vehicles pursuant to subsection 1 and complies with the 11
other requirements of this chapter, the Department of Motor 12
Vehicles shall renew the registration of the motor vehicle. 13
3. The Department of Motor Vehicles shall renew the 14
registration of a motor vehicle owned by a short-term lessor for 15
which the Department of Motor Vehicles has received a notice of 16
nonpayment pursuant to NRS 484B.527 , [or] section 42 of the 17
Boulder City Bypass Toll Road Demonstration Project Act or 18
section 25 of this act without requiring the short-term lessor to 19
provide a receipt pursuant to subsection 1 if the short-term lessor 20
submits to the Department of Motor Vehicles a certificate issued by 21
a local authority, the Department of Transportation or a public 22
partner or private partner under a public-private partnership 23
pursuant to subsection 4. 24
4. A local authority, the Department of Transportation or a 25
public partner or private partner under a public-private partnership 26
shall, upon request, issue to a short-term lessor a certificate which 27
requires the Department of Motor Vehicles to renew the registration 28
of a motor vehicle owned by the short-term lessor without requiring 29
the short-term lessor to provide a receipt pursuant to subsection 1 if 30
the short-term lessor provides the local authority, the Department of 31
Transportation or a public partner or private partner under a public-32
private partnership with the name, address and number of the 33
driver’s license of the short-term lessee who was leasing the vehicle 34
at the time of the violation. 35
5. Upon the request of the registered owner of a motor vehicle, 36
the Department of Motor Vehicles shall provide a copy of the notice 37
of nonpayment filed with the Department of Motor Vehicles by 38
[the] : 39
(a) The local authority pursuant to NRS 484B.527 [or the] ; 40
(b) The Department of Transportation or a private partner under 41
a public-private partnership pursuant to section 42 of the Boulder 42
City Bypass Toll Road Demonstration Project Act [.] ; or 43
(c) A public partner or private partner under a public-private 44
partnership pursuant to section 25 of this act. 45
– 5 –
- *AB61*
6. If the registration of a motor vehicle that is identified in a 1
notice of nonpayment filed with the Department of Motor Vehicles 2
by a local authority pursuant to NRS 484B.527 , [or] the Department 3
of Transportation or a private partner under a public-private 4
partnership pursuant to section 42 of the Boulder City Bypass Toll 5
Road Demonstration Project Act or a public partner or private 6
partner under a public-private partnership pursuant to section 25 7
of this act is not renewed for two consecutive periods of 8
registration, the Department of Motor Vehicles shall delete any 9
records maintained by the Department of Motor Vehicles 10
concerning that notice. 11
7. The Department of Motor Vehicles may require [a] : 12
(a) A local authority to pay a fee for the creation, maintenance 13
or revision of a record of the Department of Motor Vehicles 14
concerning a notice of nonpayment filed with the Department of 15
Motor Vehicles by the local authority pursuant to NRS 484B.527. 16
[The Department of Motor Vehicles may require the] 17
(b) The Department of Transportation or a private partner under 18
a public-private partnership to pay a fee for the creation, 19
maintenance or revision of a record of the Department of Motor 20
Vehicles concerning a notice of nonpayment filed with the 21
Department of Motor Vehicles by the Department of Transportation 22
or a private partner under a public-private partnership pursuant to 23
section 42 of the Boulder City Bypass Toll Road Demonstration 24
Project Act. 25
(c) A public partner or private partner under a public-private 26
partnership to pay a fee for the creation, maintenance or revision 27
of a record of the Department of Motor Vehicles concerning a 28
notice of nonpayment filed with the Department of Motor Vehicles 29
by a public partner or private partner under a public-private 30
partnership pursuant to section 25 of this act. 31
8. The Department of Motor Vehicles shall, by regulation, 32
establish any fee required by [this] subsection [.] 7. Any fees 33
collected by the Department pursuant to [this] subsection 7 must be: 34
(a) Deposited with the State Treasurer for credit to the Motor 35
Vehicle Fund; and 36
(b) Allocated to the Department to defray the cost of carrying 37
out the provisions of this section. 38
Sec. 2. NRS 361.157 is hereby amended to read as follows: 39
361.157 1. When any real estate or portion of real estate 40
which for any reason is exempt from taxation is leased, loaned or 41
otherwise made available to and used by a natural person, 42
association, partnership or corporation in connection with a business 43
conducted for profit or as a residence, or both, the leasehold interest, 44
– 6 –
- *AB61*
possessory interest, beneficial interest or beneficial use of the lessee 1
or user of the property is subject to taxation to the extent the: 2
(a) Portion of the property leased or used; and 3
(b) Percentage of time during the fiscal year that the property is 4
leased by the lessee or used by the user, in accordance with 5
NRS 361.2275, 6
can be segregated and identified. The taxable value of the interest 7
or use must be determined in the manner provided in subsection 3 of 8
NRS 361.227 and in accordance with NRS 361.2275. 9
2. Subsection 1 does not apply to: 10
(a) Property located upon a public airport, park, market or 11
fairground, or any property owned by a public airport, unless the 12
property owned by the public airport is not located upon the public 13
airport and the property is leased, loaned or otherwise made 14
available for purposes other than for the purposes of a public airport, 15
including, without limitation, residential, commercial or industrial 16
purposes; 17
(b) Federal property for which payments are made in lieu of 18
taxes in amounts equivalent to taxes which might otherwise be 19
lawfully assessed; 20
(c) Property of any state-supported educational institution, 21
except any part of such property located within a tax increment area 22
created pursuant to NRS 278C.155; 23
(d) Property leased or otherwise made available to and used by a 24
natural person, private association, private corporation, municipal 25
corporation, quasi-municipal corporation or a political subdivision 26
under the provisions of the Taylor Grazing Act or by the United 27
States Forest Service or the Bureau of Reclamation of the United 28
States Department of the Interior; 29
(e) Property of any Indian or of any Indian tribe, band or 30
community which is held in trust by the United States or subject to a 31
restriction against alienation by the United States; 32
(f) Vending stand locations and facilities operated by persons 33
who are blind under the auspices of the Bureau of Services to 34
Persons Who Are Blind or Visually Impaired of the Rehabilitation 35
Division of the Department of Employment, Training and 36
Rehabilitation, whether or not the property is owned by the federal, 37
state or a local government; 38
(g) Leases held by a natural person, corporation, association, 39
municipal corporation, quasi-municipal corporation or political 40
subdivision for development of geothermal resources, but only for 41
resources which have not been put into commercial production; 42
(h) The use of exempt property that is leased, loaned or made 43
available to a public officer or employee, incident to or in the course 44
of public employment; 45
– 7 –
- *AB61*
(i) A parsonage owned by a recognized religious society or 1
corporation when used exclusively as a parsonage; 2
(j) Property owned by a charitable or religious organization all, 3
or a portion, of which is made available to and is used as a residence 4
by a natural person in connection with carrying out the activities of 5
the organization; 6
(k) Property owned by a governmental entity and used to 7
provide shelter at a reduced rate to elderly persons or persons having 8
low incomes; 9
(l) The occasional rental of meeting rooms or similar facilities 10
for periods of less than 30 consecutive days; 11
(m) The use of exempt property to provide day care for children 12
if the day care is provided by a nonprofit organization; [or] 13
(n) Any lease, easement, operating agreement, license, permit or 14
right of entry for any exempt state property granted by the 15
Department or the Regional Transportation Commission of 16
Southern Nevada pursuant to section 45 of the Boulder City Bypass 17
Toll Road Demonstration Project Act [.] ; or 18
(o) Any lease, easement, operating agreement, license, permit 19
or right of entry for any exempt state property granted by the 20
Department, the Regional Transportation Commission of Washoe 21
County or a local government within Washoe County pursuant to 22
section 28 of this act. 23
3. Taxes must be assessed to lessees or users of exempt real 24
estate and collected in the same manner as taxes assessed to owners 25
of other real estate, except that taxes due under this section do not 26
become a lien against the property. When due, the taxes constitute a 27
debt due from the lessee or user to the county for which the taxes 28
were assessed and, if unpaid, are recoverable by the county in the 29
proper court of the county. 30
Sec. 3. Sections 3 to 33, inclusive, of this act may be cited as 31
the La Posada Drive to USA Parkway Connection Toll Road 32
Demonstration Project Act. This act shall only apply to the La 33
Posada Drive to USA Parkway Connection Toll Road 34
Demonstration Project Act and not to any other project within this 35
State. 36
Sec. 4. As used in this act, unless the context otherwise 37
requires, the words and terms defined in sections 5 to 16, inclusive, 38
of this act have the meanings ascribed to them in those sections. 39
Sec. 5. “Authorized emergency vehicle” has the meaning 40
ascribed to it in NRS 484A.020. 41
Sec. 6. “Commission” means the Regional Transportation 42
Commission of Washoe County. 43
Sec. 7. “Concession” means any lease, ground lease, franchise, 44
easement, permit, right of entry, operating agreement or other 45
– 8 –
- *AB61*
binding agreement transferring rights for the use or control, in whole 1
or in part, of the demonstration project by a public partner to a 2
private partner. 3
Sec. 8. “Demonstration project” means the toll road 4
demonstration project established by a public partner pursuant to 5
section 17 of this act. 6
Sec. 9. “Local government” has the meaning ascribed to it in 7
NRS 338.010. 8
Sec. 10. “Motor vehicle” has the meaning ascribed to it in 9
NRS 484A.130. 10
Sec. 11. “Private partner” means a person with whom a public 11
partner enters into a public-private partnership. 12
Sec. 12. “Public partner” means: 13
1. The Commission; or 14
2. A local government within Washoe County, 15
if the entity has entered into a public-private partnership with a 16
private partner pursuant to section 19 of this act. 17
Sec. 13. “Public-private partnership” means a contract entered 18
into by a public partner and a private partner under which the 19
private partner: 20
1. Assists the public partner in defining a potential project 21
concerning the demonstration project and negotiates terms for 22
potentially carrying out the planning, design, financing, 23
construction, improvement, maintenance or operation of or 24
acquisition of rights-of-way for, or any combination thereof, the 25
demonstration project or any portion thereof; or 26
2. Assumes responsibility for planning, designing, financing, 27
constructing, improving, maintaining, operating or acquiring rights-28
of-way for the demonstration project or any portion thereof. 29
Sec. 14. “Registered owner” means a person whose name 30
appears in the records of the Department of Motor Vehicles as the 31
person to whom a motor vehicle is registered. 32
Sec. 15. “Toll road” means a highway and appurtenant 33
facilities for which a user must pay a user fee as a condition of use. 34
Sec. 16. “User fee” means a toll, fee, fare or other similar 35
charge, including, without limitation, any incidental, account 36
maintenance, administrative, credit card or video tolling fee or 37
charge authorized by the Commission or a public-private 38
partnership and imposed on a person for the use of a toll road. 39
Sec. 17. 1. The Commission or any local government within 40
Washoe County may establish a toll road demonstration project in 41
connection with the toll road connecting the eastern terminus of La 42
Posada Drive within the City of Sparks to the area in the vicinity of 43
State Route 439 at its intersection with U.S. Interstate Highway 80 44
near Mile Marker 33 and may: 45
– 9 –
- *AB61*
(a) Include, without limitation, highways, roads, bridges, on-1
ramps, off-ramps, direct connectors to or from other highways or 2
arterials, tunnels, connectors to an airport, pavement, shoulders, 3
structures, culverts, curbs, toll gantries and systems, drains, rights-4
of-way, buildings, communication facilities, equipment 5
appurtenances, lighting, signage, service centers, operations centers, 6
services, personal property and works incidental to, related to or 7
desirable for highway design, construction, improvement, 8
maintenance or operation required, laid out, constructed, improved, 9
maintained or operated for highway purposes. 10
(b) Include any appurtenant facilities and facilities necessary for 11
financing, connectivity, operations, maintenance, mobility or safety 12
of the demonstration project, which may include tolled and 13
nontolled elements and on- and off-site facilities. 14
(c) Be developed in one or more phases, through one or more 15
solicitations and with one or more private partners. 16
2. The Commission or a local government within Washoe 17
County may perform such tasks as are necessary and appropriate to 18
plan, design, finance, construct, improve, maintain, operate and 19
acquire rights-of-way for the demonstration project, including, 20
without limitation: 21
(a) Plan, design, finance, construct, maintain, operate and make 22
such other improvements to existing highways as may be necessary 23
and appropriate to accommodate, develop and own the 24
demonstration project. 25
(b) Determine the allowable uses of and the goals, standards, 26
specifications and criteria of the demonstration project. 27
(c) Enter into agreements with any other political subdivision of 28
this State, another state or the Federal Government for planning, 29
designing, financing, constructing, improving, maintaining, 30
operating and acquiring rights-of-way for the demonstration project. 31
(d) Enter into public-private partnerships for planning, 32
designing, financing, constructing, improving, maintaining, 33
operating and acquiring rights-of-way for the demonstration project. 34
(e) Retain legal, financial, technical and other consultants to 35
assist the public partner concerning the demonstration project. 36
(f) Secure financial and other assistance for planning, designing, 37
financing, constructing, improving, maintaining, operating and 38
acquiring rights-of-way for the demonstration project. 39
(g) Apply for, accept and expend money from any lawful 40
source, including, without limitation, any public or private funding, 41
loan, grant, line of credit, loan guarantee, credit instrument, private 42
activity bond allocations, credit assistance from the Federal 43
Government or other type of assistance that is available to carry out 44
the demonstration project. 45
– 10 –
- *AB61*
(h) Accept from any source any grant, donation, gift or other 1
form of conveyance of land, money, other real or personal property 2
or other thing of value made to the public partner to carry out the 3
demonstration project. 4
(i) Pay any compensation to which a private partner is entitled, 5
pursuant to the terms of a public-private partnership, upon the 6
termination of the public-private partnership. 7
(j) Enter into a bond indenture, loan agreement, interest rate 8
swap, financing agreement, security agreement, pledge agreement, 9
credit facility, trust agreement or other financial agreement in 10
connection with the financing of the demonstration project. 11
3. The demonstration project, whether planned, designed, 12
financed, constructed, improved, maintained or operated by the 13
Commission, a local government within Washoe County, or one or 14
more private partners, must be and remain: 15
(a) A public highway; 16
(b) A public use; 17
(c) A public facility; and 18
(d) Owned by the Commission or a local government within 19
Washoe County. 20
4. Before construction of the demonstration project begins, 21
State Route 445 and U.S. Interstate Highway 80 shall be deemed 22
alternate routes to the toll road which do not require a user fee and 23
which accommodate all classes of vehicles. The Commission or any 24
government entity within this State may establish one or more 25
additional alternate routes to the toll road which do not require a 26
user fee and which can accommodate all classes of vehicles that 27
may be accommodated on State Route 445 and U.S. Interstate 28
Highway 80 as of the date that construction of the demonstration 29
project begins. 30
Sec. 18. The Commission and the Department of 31
Transportation shall not: 32
1. Request the Federal Government to prohibit or otherwise 33
seek to prohibit the use on State Route 445 and U.S. Interstate 34
Highway 80 of any classes of vehicles which are authorized on 35
those highways as of the effective date of this section; and 36
2. Exercise any authority delegated to the Commission or the 37
Department to prohibit the use on State Route 445 and U.S. 38
Interstate Highway 80 of any classes of vehicles which are 39
authorized on those highways as of the effective date of this section. 40
Sec. 19. 1. The Commission or a local government within 41
Washoe County may enter into a public-private partnership with one 42
or more private partners for planning, designing, financing, 43
constructing, improving, maintaining, operating or acquiring rights-44
of-way for the demonstration project. A public-private partnership 45
– 11 –
- *AB61*
entered into pursuant to this section may include, without limitation, 1
a concession and must be awarded through one or more solicitations 2
that must include, without limitation, some or all of the requests for 3
qualifications, short-listing of qualified proposers, requests for 4
proposals, negotiations and best and final offers. 5
2. For any solicitation in which the Commission or the local 6
government, as applicable, issues a request for qualifications, 7
request for proposals or similar solicitation for a public-private 8
partnership, the Commission or the local government may determine 9
which factors it will consider and the relative weight of those factors 10
in the evaluation process for the demonstration project to obtain the 11
best value for the Commission or the local government. 12
3. Each request for proposals issued for the demonstration 13
project must require each person submitting a proposal to include 14
with the proposal an executive summary. The executive summary 15
must address the major elements of the proposal but must not 16
include the financial terms of the proposal, the financing plan or 17
other confidential or proprietary information or trade secrets that the 18
person submitting the proposal intends to be exempt from 19
disclosure. 20
4. The executive summary for each proposal must be released 21
to the public by the Commission or the local government, as 22
applicable. 23
5. Except as otherwise expressly authorized in this act, the 24
provisions of chapter 338 of NRS shall apply to the demonstration 25
project. 26
6. If the Commission or the local government, as applicable, is 27
unable to negotiate a public-private partnership with the applicant 28
whose proposal appeared to have the best value, upon such terms 29
and conditions that the Commission or the local government 30
determines to be in the best interest of the public, the Commission 31
or the local government may suspend or terminate negotiations with 32
that applicant. The Commission or the local government may then 33
undertake negotiations with the next highest-rated applicant in 34
sequence until a public-private partnership is entered into or a 35
determination is made by the Commission or the local government 36
to reject all applicants that submitted proposals. 37
7. After the award and execution of a public-private 38
partnership, a public partner shall make available to the applicants 39
and the public the results of the evaluations of proposals and the 40
final rankings of the applicants. 41
8. Notwithstanding any other law to the contrary, to maximize 42
competition and to obtain the best value for the public, no part of a 43
proposal other than the executive summary may be released or 44
disclosed by the Commission or the local government, as applicable, 45
– 12 –
- *AB61*
before the award and execution of the public-private partnership and 1
the conclusion of any specified period to protest or otherwise 2
challenge the award, except pursuant to an administrative or judicial 3
order requiring release or disclosure of any part of the proposal. 4
Sec. 20. 1. To be eligible as a private partner in connection 5
with a public-private partnership, a private partner must: 6
(a) Obtain a performance bond, payment bond, letter of credit, 7
parent guarantee or other security acceptable to the Commission or 8
the local government, or any combination thereof, which the 9
Commission or the local government determines is adequate to: 10
(1) Protect the interests of this State and its political 11
subdivisions; and 12
(2) Ensure completion of the demonstration project without 13
this State or its political subdivisions being liable for any of the 14
direct costs of the demonstration project; 15
(b) Obtain insurance covering general liability and liability for 16
errors and omissions, in amounts determined by the Commission or 17
the local government; 18
(c) Not have been found liable for breach of contract with 19
respect to a previous project with the Commission or any local 20
government within Washoe County, other than a breach for 21
legitimate cause during the 5 years immediately preceding the 22
commencement of the solicitation of the public-private partnership; 23
and 24
(d) Not have been disqualified from being awarded a contract 25
pursuant to NRS 338.017, 338.13895 or 338.1475. 26
2. A private partner is not required to hold the licenses and 27
certifications required to undertake the work for the demonstration 28
project as a condition of eligibility to be a private partner but must 29
ensure that any work which requires a license or certification is 30
performed by persons that possess the required licenses and 31
certifications. 32
Sec. 21. Information obtained by or disclosed to the 33
Commission or a local government within Washoe County during 34
the procurement or negotiation of a public-private partnership may 35
be kept confidential until the public-private partnership is executed, 36
except that the Commission or the local government may exempt 37
from release any proprietary information obtained by or disclosed to 38
the Commission or the local government during the procurement or 39
negotiation. 40
Sec. 22. 1. Except as otherwise provided in subsection 2, 41
notwithstanding any other law to the contrary, a public-private 42
partnership may be for a term of not more than 40 years after the 43
opening of the demonstration project to the public and the 44
commencement of its full operations and collection of revenue. 45
– 13 –
- *AB61*
2. A public-private partnership may be extended: 1
(a) As a result of an event in the nature of force majeure; 2
(b) As a means to compensate the private partner for events set 3
forth in the public-private partnership that entitle the private partner 4
to compensation; or 5
(c) For additional terms upon the mutual agreement of the 6
private partner and the public partner. 7
Sec. 23. 1. A public-private partnership entered into 8
pursuant to this act may include provisions that: 9
(a) Authorize a public partner and a private partner to charge, 10
collect, use, enforce and retain user fees, including, without 11
limitation, provisions that: 12
(1) Specify the technology to be used in the demonstration 13
project; 14
(2) Establish circumstances under which a public partner 15
may receive the revenues or a share of the revenues from such user 16
fees; 17
(3) State that the user fees may be collected directly by a 18
public partner, a private partner or by a third party engaged for that 19
purpose; 20
(4) Prescribe a formula, indexation or mechanism for the 21
adjustment of user fees during the term of the public-private 22
partnership; 23
(5) Allow a variety of strategies to be employed to manage 24
traffic on the demonstration project that a public partner determines 25
are appropriate based on the specific circumstances of the 26
demonstration project; and 27
(6) Govern the enforcement of user fees, including, without 28
limitation, provisions for the use of cameras or other mechanisms to 29
ensure that users have paid user fees which are due and provisions 30
that allow a public partner and private partner to request information 31
from relevant databases, including, without limitation, databases of 32
the Department of Motor Vehicles, pursuant to the provisions of 33
NRS 481.063, for enforcement purposes. The Commission may 34
impose a civil penalty of not more than $10,000 per violation for 35
misuse of the data contained in such databases, including, without 36
limitation, negligence in securing the data properly. Any civil 37
penalty collected pursuant to this subparagraph must be deposited in 38
the State General Fund. 39
(b) Allow for payments to be made by a public partner to a 40
private partner, including, without limitation, periodic payments, 41
construction payments, payments for attaining milestones, progress 42
payments, payments based on availability or other performance-43
based payments, payments relating to events for which the public-44
private partnership requires payment of compensation and payments 45
– 14 –
- *AB61*
relating to or arising out of the termination of the public-private 1
partnership. 2
(c) Allow a public partner to accept payments of money from, 3
and share revenues with, the private partner. The public partner shall 4
deposit such money in the State Highway Fund. 5
(d) Address the manner in which a public partner and a private 6
partner will share management of the risks of the demonstration 7
project. 8
(e) Specify the manner in which a public partner and a private 9
partner will share the costs of any development of the demonstration 10
project. 11
(f) Allocate financial responsibility for any costs that exceed the 12
amount specified in the public-private partnership. 13
(g) Establish applicable liquidated or stipulated damages to be 14
assessed for nonperformance by the private partner. 15
(h) Establish performance measurements, or incentives, or both. 16
(i) Address the acquisition of rights-of-way and other property 17
interests that may be required for the demonstration project, 18
including, without limitation, provisions that address the exercise of 19
eminent domain by a public partner in the manner authorized 20
pursuant to NRS 277A.250 and chapter 37 of NRS. 21
(j) Establish recordkeeping, accounting and auditing standards 22
to be used for the demonstration project. 23
(k) Upon termination of the public-private partnership, address 24
responsibility for repair, rehabilitation, reconstruction or renovations 25
that are required for the demonstration project to meet all applicable 26
standards set forth in the public-private partnership upon reversion 27
of the demonstration project to a public partner. 28
(l) Provide for security and law enforcement. 29
(m) Identify any specifications of a public partner that must be 30
satisfied, including, without limitation, provisions allowing the 31
private partner to request and receive authorization to deviate from 32
the specifications on making a showing satisfactory to the public 33
partner. 34
(n) Specify remedies available and procedures for dispute 35
resolution, including, without limitation, the right of the private 36
partner to institute legal proceedings to obtain an enforceable 37
judgment or award against a public partner in the event of a default 38
by the public partner and procedures for the use of dispute review 39
boards, mediation, facilitated negotiation, nonbinding and binding 40
arbitration and other alternative dispute resolution procedures. 41
(o) Specify the manner in which a public partner and a private 42
partner will share the costs of ongoing maintenance of the 43
demonstration project. 44
– 15 –
- *AB61*
2. A public-private partnership entered into pursuant to this act 1
must contain a provision by which a private partner expressly agrees 2
to be barred from seeking injunctive or other equitable relief to 3
delay, prevent or otherwise hinder the public partner from 4
developing or constructing a facility which was planned at the time 5
the public-private partnership was executed and which may impact 6
the revenue that the private partner derives from the demonstration 7
project developed under the public-private partnership. A public-8
private partnership may provide for reasonable compensation to a 9
private partner for the adverse effect on revenue from the 10
demonstration project developed under the public-private 11
partnership resulting from the development or construction of 12
another facility by a public partner. 13
Sec. 24. 1. If a public partner enters into a public-private 14
partnership pursuant to this act, the public partner: 15
(a) Shall adopt, establish or include in the public-private 16
partnership a schedule of user fees or a methodology for 17
establishing the user fees that may be charged by the public partner 18
or a private partner for the use of the demonstration project, which 19
may include, without limitation, provisions for adjusting the user 20
fees based on the types of motor vehicle, time of day, traffic 21
conditions or other factors determined necessary by the public 22
partner to implement, finance or improve the performance of the 23
demonstration project. A schedule of user fees or methodology for 24
establishing user fees to be included in the public-private 25
partnership must be adopted or established by the public partner at a 26
public hearing held in compliance with chapter 241 of NRS. 27
(b) Shall, consistent with this act, establish or provide in the 28
public-private partnership for the establishment of administrative 29
fines, late charges and other penalties for any person who violates 30
any regulation or rule governing the use of the demonstration 31
project or who fails to pay a user fee. 32
(c) In addition to the exemptions provided in subsection 2, may 33
establish or provide in the public-private partnership for exemptions 34
from the payment of a user fee. 35
(d) Shall adopt a plan for measuring the performance of the 36
private partner and, in the event of any unexcused failure by the 37
private partner to meet such performance measurements, provide for 38
the rights and remedies of the public partner. 39
2. The following motor vehicles are exempt from any user fee 40
established by a public partner: 41
(a) A vehicle owned or operated by this State or any of its 42
political subdivisions. 43
(b) A transit bus or vanpool vehicle owned or operated by an 44
agency of the United States, to the extent that such vehicles are 45
– 16 –
- *AB61*
exempted pursuant to an agreement between the agency or political 1
subdivision and the public partner or a private partner. 2
(c) An authorized emergency vehicle if the person operating it 3
is: 4
(1) Responding to an emergency and its emergency lights are 5
in use; or 6
(2) Enforcing traffic laws. 7
(d) A vehicle used to provide maintenance of the demonstration 8
project. 9
(e) A vehicle that is exempt pursuant to the terms of a public-10
private partnership. 11
3. Not less frequently than once each calendar year, a public 12
partner shall review any fee schedule established pursuant to this 13
section and any adjustments to the fee schedule made by a public 14
partner or a private partner to determine whether the user fees 15
effectively manage travel times, speed and reliability with regard to 16
the demonstration project. The public partner shall review and, if 17
applicable, make any necessary adjustments at a public hearing held 18
in compliance with chapter 241 of NRS. 19
4. A public partner or a private partner may use any method it 20
determines appropriate to collect a user fee, including, without 21
limitation, the issuance of invoices, prepayment requirements and 22
the use of an electronic, video or automated collection system. An 23
electronic, video or automated collection system may be used to 24
verify payment or to charge the user a fee to the: 25
(a) Account of a person whose vehicle is equipped with a 26
transponder approved by the public partner or other automated 27
payment technology approved by the public partner; 28
(b) Account of a person who otherwise registers to use the 29
demonstration project in accordance with the policies and 30
procedures established by the public partner or set forth in the 31
public-private partnership; or 32
(c) Registered owner. 33
5. The name, address, other personal identifying information 34
and trip data of a user is confidential, and a public partner, a private 35
partner, consultant, contractor or representative thereof shall not 36
release, sell or distribute such information without the express 37
written consent of the user, except that a public partner or a private 38
partner may release such information: 39
(a) As is necessary to collect a user fee and enforce any penalty 40
for a violation of this act or any policies and procedures established 41
pursuant thereto or set forth in the public-private partnership; and 42
(b) To a law enforcement agency pursuant to a subpoena. 43
– 17 –
- *AB61*
6. A public partner or a private partner may solicit and contract 1
with any person to provide services relating to the collection of a 2
user fee. 3
7. A public partner shall establish a privacy policy regarding 4
the collection and use of personal identifying information pursuant 5
to this section. The policy must include, without limitation, 6
provisions requiring that: 7
(a) Except as otherwise provided in paragraph (b), any personal 8
identifying information used to collect and enforce user fees be 9
destroyed not later than 30 days after the person has paid the user 10
fee and any administrative fines, late fees or other penalties and 11
charges imposed; 12
(b) Any personal identifying information collected for the 13
establishment of an account for the use of an automated collection 14
system be: 15
(1) Stored longer than 30 days only if the information is 16
required to perform account functions, including, without limitation, 17
billing and other activities directly related to the use of the account; 18
and 19
(2) Destroyed within 30 days after receiving written notice 20
that the person who established the account wants to close the 21
account; and 22
(c) Each person establishing an account for use in an automated 23
collection system be provided a copy, in a clear and conspicuous 24
manner, of the privacy policy required by this subsection and all 25
other applicable privacy laws. 26
Sec. 25. 1. Except as otherwise provided in subsection 3, a 27
registered owner who fails to pay a user fee is subject to an 28
administrative fine for nonpayment and is liable to a public partner 29
or a private partner for the payment of the user fee, the 30
administrative fine and any additional charges or penalties 31
prescribed by the public partner or set forth in a public-private 32
partnership. 33
2. If a driver or registered owner fails to pay a user fee, a 34
public partner or private partner shall provide notice of nonpayment 35
to the registered owner. The notice must describe the claimed 36
nonpayment and the amount due, including any additional charges, 37
administrative fines or penalties, and explaining that the registered 38
owner must, within 30 days after receiving the notice, pay the full 39
amount due or contest the claim in the manner described in the 40
notice. A registered owner who does not pay the full amount due or 41
contest the claim within 30 days after receiving the notice may not 42
challenge the claim in a proceeding or action brought by a public 43
partner or a private partner. 44
– 18 –
- *AB61*
3. A short-term lessor of a motor vehicle that is the registered 1
owner is not liable to a public partner or a private partner for any 2
failure to pay a user fee arising out of the use of a rented motor 3
vehicle during any period in which the motor vehicle is not in the 4
possession of the lessor if, within 45 days after receiving the written 5
notice from the public partner or private partner, the lessor provides 6
to the public partner or private partner the name, address, driver’s 7
license number and other identifying information of the person to 8
whom the motor vehicle was rented at the time of the use of the 9
demonstration project. If the lessor provides such information, the 10
person to whom the motor vehicle was rented at the time of the use 11
of the demonstration project is liable for the user fee or 12
administrative fee, or both, and any late charges or other penalties or 13
charges resulting from the failure to pay the user fee. 14
4. A public partner or a private partner may use a photo-15
monitoring, video, image capture or other automated or technology-16
based enforcement and collections system to detect the failure of a 17
motor vehicle to register the payment of the required user fee, to 18
detect the failure of the driver or registered owner to pay a user fee 19
or to verify and assess the payment of a user fee. The data, including 20
photographs, images, videotapes and other vehicle and owner 21
information generated and obtained by the system may be used to 22
establish the nonpayment of the user fee and to enforce collection of 23
the user fee and any administrative fines, late charges and other 24
penalties or charges imposed pursuant to a public-private 25
partnership. The public partner or private partner shall not use the 26
information for any other purpose. 27
5. If the registered owner fails to respond to the notice 28
described in subsection 2, the public partner or private partner may 29
file a notice of nonpayment with the Department of Motor Vehicles. 30
The notice must include: 31
(a) The place, time and date of the use of the demonstration 32
project which, through nonpayment of user fees, administrative fees, 33
late charges or other penalties or charges, constitutes a violation; 34
(b) The number of the license plate and the make and model 35
year of the motor vehicle; and 36
(c) The total amount owed to the public partner or private 37
partner for the violation. 38
6. Upon receipt of the notice described in subsection 5, the 39
Department of Motor Vehicles shall place a hold on the renewal of 40
the registration of the motor vehicle described in the notice pursuant 41
to the provisions of NRS 482.2805. 42
7. In addition to any administrative fine, late charge or other 43
penalty or charge for nonpayment of a user fee established pursuant 44
to a public-private partnership which is payable to a public partner 45
– 19 –
- *AB61*
or a private partner, the Department of Motor Vehicles may impose 1
an additional administrative fee of not more than $15 upon any 2
person who applies for the renewal of the registration of a motor 3
vehicle subject to a hold pursuant to this section. 4
8. The Department of Motor Vehicles shall work cooperatively 5
with a public partner and any private partner to establish a timely 6
and efficient manner for providing the motor vehicle registration of 7
the registered owner, pursuant to the provisions of NRS 481.063, to 8
the public partner and any private partner for the purposes of 9
collecting and enforcing any user fees and administrative fines, late 10
charges and other penalties imposed pursuant to this act. 11
Sec. 26. 1. All money that is received and that is to be 12
retained by a public partner pursuant to a public-private partnership 13
in connection with the demonstration project that is derived from the 14
imposition of any charge with respect to the operation of any motor 15
vehicle upon any public highway in this State must be deposited in 16
the State Highway Fund and, except for costs of administration, 17
must be used exclusively for the design, financing, construction, 18
maintenance, operation and repair of the public highways of this 19
State. The money must first be used to defray the obligations of a 20
public partner under the public-private partnership, including, 21
without limitation, the costs of administration, design, financing, 22
construction, maintenance, operation and repair of the 23
demonstration project. 24
2. Any other money received by a public partner pursuant to 25
this act or any policies or procedures established by a public partner 26
must be deposited in the State Highway Fund and accounted for 27
separately. The interest and income on the money in the account, 28
after deducting any applicable charges, must be credited to the 29
account. The money in the account may be used for: 30
(a) The payment of the costs of planning, designing, financing, 31
constructing, improving, maintaining, operating or acquiring rights-32
of-way for the demonstration project; 33
(b) The payment of the costs of administering the demonstration 34
project and enforcing the collection of user fees; 35
(c) Satisfying of any obligations of a public partner pursuant to a 36
public-private partnership; and 37
(d) The costs of administration, construction, maintenance and 38
repair of the public highways located in Washoe County. 39
Sec. 27. 1. The demonstration project and any property 40
improvement determined by a public partner to be necessary or 41
desirable therefor may, as determined by the public partner be 42
financed: 43
(a) By the private partner using its own funds or obtaining funds 44
in any lawful manner for that entity. 45
– 20 –
- *AB61*
(b) By the issuance of revenue bonds or notes of the public 1
partner which are payable from and secured by: 2
(1) Revenues from the demonstration project, including, 3
without limitation, user fees and payments established, due and 4
collected pursuant to this act, other than subsection 7 of section 25 5
of this act; 6
(2) Payments from a public partner to a private partner 7
pursuant to a public-private partnership; 8
(3) Money that is received by a public partner as described in 9
section 26 of this act; 10
(4) Guarantees or other forms of financial assistance from the 11
private partner or any other person; 12
(5) Any grants, donations or other sources of funding 13
mentioned in paragraph (f), (g), or (h) of subsection 2 of section 17 14
of this act, if the use of the money to pay and secure the payment of 15
the principal of and interest on those bonds or notes is consistent 16
with and not prohibited by the instrument, law or regulation under 17
which the money is received; 18
(6) Interest or other gain accruing on any of the money 19
deposited in the State Highway Fund pursuant to this act; and 20
(7) Any combination thereof, 21
as described in the resolution authorizing the issuance of the 22
bonds or notes. 23
(c) By the issuance of revenue bonds or notes of a public 24
partner, to finance the demonstration project directly or by making a 25
loan to the private partner, pursuant to a financing agreement 26
entered into between the public partner and the private partner to 27
secure the bonds or notes and provide for their payment. 28
(d) By the issuance of private activity bonds or notes of a public 29
partner or other eligible issuer, to finance the demonstration project 30
directly or by making a loan to the private partner, pursuant to a 31
financing agreement entered into between the public partner and the 32
private partner for the purpose of securing the bonds or notes and 33
providing for their payment. 34
(e) By any loan, grant, line of credit, loan guarantee, credit 35
instrument, private activity bond allocation, credit assistance from 36
the Federal Government or other type of assistance that is available 37
to carry out the demonstration project. 38
(f) With any grant, donation, gift or other form of conveyance of 39
land, money or other real or personal property or other thing of 40
value made to a public partner to carry out the demonstration 41
project. 42
(g) With legally available money from any other source, 43
including a source described in paragraph (f), (g) or (h) of 44
subsection 2 of section 17 of this act, or from user fees. 45
– 21 –
- *AB61*
(h) By any combination of paragraphs (a) to (g), inclusive. 1
2. Any bonds or notes issued pursuant to paragraph (b), (c) or 2
(d) of subsection 1: 3
(a) May have a maturity of up to 40 years from the date of 4
issuance. 5
(b) Are special, limited obligations of the public partner that are, 6
except as otherwise provided in subsections 3 and 4, payable solely 7
from the revenues specifically pledged to the payment of those 8
obligations, as specified in the resolution for the issuance of bonds 9
or notes, and shall never be a debt of the State under Section 3 of 10
Article 9 of the Constitution of the State of Nevada. 11
3. If so determined by the public partner, any bonds or notes 12
issued as described in paragraph (b) of subsection 1 may also be 13
payable from and secured by taxes which are credited to the State 14
Highway Fund and which would not cause the bonds or notes to 15
create a public debt under the provisions of Section 3 of Article 9 of 16
the Nevada Constitution. In addition, the public partner may pledge 17
those taxes to and use those taxes for the payment of any of its 18
obligations under a public-private partnership. 19
4. Any bonds or notes issued pursuant to paragraph (c) or (d) 20
of subsection 1 may also be payable from and secured by payments 21
made by and property of and other security provided by the private 22
partner, including, without limitation, any payments made to the 23
private partner by the public partner pursuant to the public-private 24
partnership. 25
Sec. 28. 1. A public partner may acquire, condemn or hold 26
real property and related appurtenances under fee title, lease, 27
easement, dedication or license for the demonstration project. A 28
public partner may grant to a private partner a lease, easement, 29
operating agreement, license, permit or right of entry for such real 30
property and related appurtenances, and such grant and use shall be 31
deemed for all purposes: 32
(a) A public use; 33
(b) A public facility; and 34
(c) A public highway. 35
2. The real property and related appurtenances, or the use 36
thereof, that are granted by a public partner to the private partner 37
shall be exempt from all real property and ad valorem taxes. 38
3. The Department of Transportation shall assist a public 39
partner in any way necessary for the public partner to carry out the 40
provisions of this section, including, without limitation, granting to 41
the public partner or a private partner a lease, easement, operating 42
agreement, license, permit or right of entry. 43
Sec. 29. Notwithstanding any specific statute to the contrary, a 44
private partner is exempt from any assessment on property: 45
– 22 –
- *AB61*
1. Which the Department of Transportation or a public partner 1
owns or acquires or in which the Department or a public partner has 2
a possessory interest; 3
2. Which the Department or a public partner provides to the 4
private partner pursuant to a public-private partnership; and 5
3. On which the demonstration project is located. 6
Sec. 30. 1. A private partner who enters into a contract for 7
construction work pursuant to a public-private partnership shall: 8
(a) Award contracts using competitive bidding in accordance 9
with the provisions of chapter 338 of NRS, and solely for the 10
purposes of those provisions regarding competitive bidding, the 11
demonstration project shall be deemed to be a public work and 12
the private partner shall be deemed to be a public body awarding the 13
contracts for the demonstration project; and 14
(b) Pay the prevailing wage required pursuant to NRS 338.013 15
to 338.090, inclusive, and solely for the purposes of those 16
provisions, the demonstration project shall be deemed to be a public 17
work and the public partner shall be deemed to be a party to the 18
contract and to be the public body advertising for bids for the 19
demonstration project and awarding the construction contract for 20
the demonstration project. 21
2. Nothing in this section requires a public partner to use 22
competitive bidding in accordance with the provisions of chapter 23
338 of NRS to award a public-private partnership to a private 24
partner. 25
Sec. 31. 1. In addition to complying with the provisions of 26
section 30 of this act, a private partner who enters into a contract for 27
construction work pursuant to a public-private partnership shall: 28
(a) Advertise for at least 7 calendar days for bids on each 29
contract for the performance of any portion of the construction work 30
for the public-private partnership; 31
(b) At least 2 business days before the first day of that 32
advertisement, provide notice of that advertisement to the 33
Commission, the Board of County Commissioners of Washoe 34
County, the City Council of the City of Reno and the City Council 35
of the City of Sparks; 36
(c) Make available to all prospective bidders on the contract a 37
written set of plans and specifications for the pertinent work; and 38
(d) Provide public notice of the name and address of each person 39
who submits a bid on the contract. 40
2. If the Commission, the Board of County Commissioners of 41
Washoe County, the City Council of the City of Reno and the City 42
Council of the City of Sparks receive a notice of an advertisement 43
for bids pursuant to paragraph (b) of subsection 1, the Commission, 44
Board or City Council: 45
– 23 –
- *AB61*
(a) Shall, upon such receipt, post notice of the advertisement on 1
an Internet website maintained by the Commission, County or City; 2
and 3
(b) May otherwise provide notice of the advertisement to local 4
trade organizations and the general public. 5
3. A public partner shall ensure that the private partner 6
complies with the provisions of subsection 1. 7
Sec. 32. 1. A public partner may include authority in a 8
public-private partnership or otherwise authorize a private partner to 9
remove any encroachments or relocate any utility from the right-of-10
way of the demonstration project. The public partner may 11
incorporate the costs of such removal or relocation into the public-12
private partnership. 13
2. A utility may not be required to pay any cost related to 14
removing or relocating any property of the utility pursuant to 15
subsection 1. 16
Sec. 33. To the extent practicable, the provisions of this act are 17
intended to supplement other statutory provisions governing the 18
administration of highways in this State, and such other provisions 19
must be given effect to the extent that those provisions do not 20
conflict with the provisions of this act. If there is a conflict between 21
such other provisions and the provisions of this act, the provisions 22
of this act control. 23
Sec. 34. This act becomes effective upon passage and 24
approval. 25
H