AB61 - 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)

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 [Text truncated for display. Full text available on LegiScan.]