SB53 - Establishes certain requirements relating to notices of road hazards and road closures. (BDR 35-406)

S.B. 53 - *SB53* SENATE BILL NO. 53–COMMITTEE ON GROWTH AND INFRASTRUCTURE (ON BEHALF OF LYON COUNTY) PREFILED NOVEMBER 19, 2024 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Establishes certain requirements relating to notices of road hazards and road closures. (BDR 35-406) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to highways; requiring the Department of Transportation to create an electronic system for local governments to report road conditions under certain circumstances; authorizing a city, county, regional transportation commission, the Department or any other public authority to notify a navigation provider regarding certain road conditions; requiring a navigation provider to take certain actions after receiving such a notification; revising provisions relating to the Advisory Committee on Traffic Safety; requiring the Director of the Department to adopt regulations; providing a civil penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law regulates trade practices and other commercial activities in this 1 State. (Title 52 of NRS) Section 6 of this bill authorizes a city, county, regional 2 transportation commission, the Department of Transportation or any other public 3 authority to transmit a written or electronic notification to a navigation provider 4 concerning a current or anticipated road condition, such as a road closure, road 5 hazard, lane closure, construction project, accident or other road condition 6 impacting a highway under the jurisdiction of the entity providing the notification. 7 Section 6 requires a navigation provider who receives such a notification to 8 incorporate the road condition information contained within the notification into the 9 real-time data concerning traffic and road closures that is used by the navigation 10 provider to provide turn-by-turn directions to end users of its navigation application 11 within 48 hours after receiving the notification, with certain exceptions. If a 12 – 2 – - *SB53* navigation provider fails to incorporate the road condition information into the real- 13 time data concerning traffic and road closures used to provide turn-by-turn 14 directions to end users within the time prescribed, section 6 provides for a civil 15 penalty of $500 to be imposed against the navigation provider for each day that the 16 navigation provider fails to incorporate the road condition information until: (1) the 17 provider incorporates the road condition information; or (2) the road condition 18 ceases to exist or is otherwise resolved. Additionally, section 6 authorizes a city, 19 county, regional transportation commission, the Department or any other public 20 authority, as a part of the notification sent to a navigation provider, to recommend a 21 specific route which would direct traffic around the specific road condition. A 22 navigation provider is not required to incorporate the recommended route into the 23 data used to provide turn-by-turn directions to end users. 24 Section 6 defines a “navigation provider” as a person who operates a 25 navigation application and defines a “navigation application” as an Internet 26 website, online service or mobile application which: (1) offers turn-by-turn 27 directions in real time to an end user; and (2) incorporates real-time data concerning 28 traffic and road closures into the direction and navigation services provided to the 29 end user. Section 6 excludes from the definition of “navigation application” a 30 service which: (1) has less than 10,000,000 active users per month; (2) does not 31 offer direction and navigation services for end users with respect to the highways in 32 this State; or (3) does not incorporate real-time data concerning traffic and road 33 closures into the direction and navigation services provided to an end user with 34 respect to the highways in this State. 35 Existing law creates the Department of Transportation and tasks the Director of 36 the Department with the general supervision of the construction, reconstruction, 37 improvement, maintenance and repair of all highways, facilities and services 38 authorized by the provisions governing highways, roads and transportation 39 facilities. (NRS 408.106, 408.195) The Director is also required to collect and 40 compile statistics and maps relating to the mileage, traffic, character and condition 41 of the highways. (NRS 408.190) Section 1 of this bill requires the Department to 42 create and maintain an electronic system which allows a qualified representative of 43 a city, county or regional transportation commission to submit to the Department 44 information relating to road conditions impacting certain highways under the 45 jurisdiction of the reporting entity for upload onto an Internet website or mobile 46 application maintained by the Department to communicate road conditions to the 47 public, including Nevada 511, if such a website or application is maintained by the 48 Department. Sections 2 and 4 of this bill require the Department to adopt 49 regulations and use funds in the Account for Systems of Providing Information to 50 the Traveling Public in the State Highway Fund, as necessary, to carry out the 51 provisions of section 1. Section 3 of this bill adds the provisions of section 1 to the 52 provisions of law which the Department, in cooperation with the Commission on 53 Tourism, is required to develop a plan to carry out. 54 Existing law creates the Advisory Committee on Traffic Safety within the 55 Department. The Advisory Committee consists of voting members and certain 56 nonvoting members who may be appointed by the Director of the Department. 57 (NRS 408.581) Section 5 of this bill requires the Director of the Department to 58 appoint to the Advisory Committee two nonvoting members who represent 59 navigation providers. 60 – 3 – - *SB53* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 408 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. If the Department maintains an Internet website or mobile 3 application to communicate to the public information concerning 4 the conditions for driving on some or all of the highways in this 5 State, including, without limitation, Nevada 511 or any successor 6 Internet website or application, the Department shall create and 7 maintain an electronic system which allows a qualified 8 representative of a city, county or regional transportation 9 commission to submit to the Department, for upload to the 10 Internet website or mobile application as soon as practicable, 11 information related to a current or anticipated road closure, road 12 hazard, lane closure, construction project, accident or other road 13 condition which impacts a highway: 14 (a) Under the jurisdiction of the city, county or regional 15 transportation commission; and 16 (b) For which the condition is communicated by the Internet 17 website or mobile application. 18 2. As used in this section: 19 (a) “City” means an incorporated city. 20 (b) “Qualified representative” means a person who is 21 authorized by his or her respective city, county or regional 22 transportation commission to submit information through 23 the electronic system created and maintained pursuant to 24 subsection 1. 25 (c) “Regional transportation commission” means a regional 26 transportation commission created pursuant to NRS 277A.170. 27 Sec. 2. NRS 408.557 is hereby amended to read as follows: 28 408.557 1. The Director shall adopt regulations: 29 (a) Governing the size, shape, lighting and other characteristics 30 of a sign to be erected at a location designated pursuant to 31 NRS 408.553; 32 (b) Authorizing the use of trademarks and symbols identifying 33 an individual enterprise on a sign erected at the location; 34 (c) Fixing the qualifications of a person or governmental agency 35 to erect or construct, operate, sponsor or maintain a center or sign 36 and of an enterprise to be identified on a directional or informational 37 sign; 38 (d) Fixing reasonable fees, based upon the market value as 39 determined by the Department, for: 40 – 4 – - *SB53* (1) Authorizing the use of trademarks and symbols 1 identifying an individual enterprise on a directional or informational 2 sign; and 3 (2) Providing: 4 (I) Information concerning commercial attractions; and 5 (II) Items designed to promote tourism in this State; and 6 (e) Otherwise necessary to carry out the provisions of NRS 7 408.551 to 408.567, inclusive [.] , and section 1 of this act. 8 2. The regulations adopted by the Director pursuant to 9 subsection 1 must be consistent with the provisions of 23 U.S.C. §§ 10 111 and 131. 11 Sec. 3. NRS 408.559 is hereby amended to read as follows: 12 408.559 The Department shall develop a plan, in cooperation 13 with the Commission on Tourism, to carry out the provisions of 14 NRS 408.551 to 408.567, inclusive [.] , and section 1 of this act. 15 The plan must take into consideration such factors as: 16 1. Economic development in this state. 17 2. Availability of money for the purposes of NRS 408.551 to 18 408.567, inclusive [.] , and section 1 of this act. 19 3. Population in a particular area. 20 4. Proposed highway construction. 21 5. Need for information. 22  The Department and the Commission shall review the plan at 23 least once each year and revise it until the provisions of NRS 24 408.551 to 408.567, inclusive, and section 1 of this act have been 25 uniformly put into effect throughout the State. 26 Sec. 4. NRS 408.567 is hereby amended to read as follows: 27 408.567 1. Money received by the Department from: 28 (a) Fees for: 29 (1) Authorizing the use of trademarks and symbols 30 identifying an individual enterprise on a directional or informational 31 sign; and 32 (2) Providing: 33 (I) Information concerning commercial attractions; and 34 (II) Items designed to promote tourism in this State; 35 (b) Participants in a telephone system established to reserve 36 accommodations for travelers; and 37 (c) Appropriations made by the Legislature for the purposes of 38 NRS 408.551 to 408.567, inclusive, and section 1 of this act, 39  must be deposited with the State Treasurer for credit to the 40 Account for Systems of Providing Information to the Traveling 41 Public in the State Highway Fund, which is hereby created. 42 2. Money in the Account must only be used to carry out the 43 provisions of NRS 408.551 to 408.567, inclusive [.] , and section 1 44 of this act. 45 – 5 – - *SB53* Sec. 5. NRS 408.581 is hereby amended to read as follows: 1 408.581 1. The Advisory Committee on Traffic Safety is 2 hereby created in the Department. The Advisory Committee consists 3 of the following voting members: 4 (a) The Director of the Department of Transportation or his or 5 her designee; 6 (b) The Director of the Department of Health and Human 7 Services or his or her designee; 8 (c) The Director of the Department of Motor Vehicles or his or 9 her designee; 10 (d) The Director of the Department of Public Safety or his or her 11 designee; 12 (e) The Superintendent of Public Instruction or his or her 13 designee; 14 (f) One member who is a representative of the Department of 15 Transportation, appointed by the Director of the Department of 16 Transportation; 17 (g) One member who is a representative of the Department of 18 Public Safety, appointed by the Director of the Department of Public 19 Safety; 20 (h) One member appointed by the Speaker of the Assembly who 21 is a member of the Assembly Standing Committee on Growth and 22 Infrastructure during the current or immediately preceding regular 23 session; 24 (i) One member appointed by the Majority Leader of the Senate 25 who is a member of the Senate Standing Committee on Growth and 26 Infrastructure during the current or immediately preceding regular 27 session; 28 (j) One member who is a representative of the Administrative 29 Office of the Courts, appointed by the Chief Justice of the Supreme 30 Court of Nevada; 31 (k) One member who represents tribal governments in Nevada, 32 appointed by the Inter-Tribal Council of Nevada, Inc., or its 33 successor organization; 34 (l) Two members who are full- or part-time faculty members in 35 the Nevada System of Higher Education and have expertise in 36 traffic safety or trauma care, appointed by the Director of the 37 Department of Transportation; 38 (m) One member appointed by each metropolitan planning 39 organization to represent the appointing organization; 40 (n) One member appointed by the Nevada Association of 41 Counties; 42 (o) One member appointed by the Nevada League of Cities; and 43 (p) One member who represents local law enforcement agencies, 44 appointed by the Nevada Sheriffs’ and Chiefs’ Association. 45 – 6 – - *SB53* 2. The Director of the Department of Transportation shall 1 appoint as nonvoting members of the Advisory Committee two 2 members who represent navigation providers. 3 3. The Director of the Department of Transportation may 4 appoint as nonvoting members of the Advisory Committee such 5 other persons as the Director deems appropriate. 6 [3.] 4. The term of office of each member appointed to the 7 Advisory Committee is 2 years. Such members may be reappointed 8 for additional terms of 2 years in the same manner as the original 9 appointments. Any vacancy occurring in the appointed voting 10 membership of the Advisory Committee must be filled in the same 11 manner as the original appointment not later than 30 days after the 12 vacancy occurs. 13 [4.] 5. The members of the Advisory Committee shall elect 14 from their voting membership a Chair and a Vice Chair. The term of 15 office of the Chair and the Vice Chair is 2 years. If a vacancy occurs 16 in the office of Chair or Vice Chair, the members of the Advisory 17 Committee shall elect a Chair or Vice Chair, as applicable, from 18 among its voting members to serve for the remainder of the 19 unexpired term. 20 [5.] 6. The Advisory Committee shall meet at least on [Text truncated for display. Full text available on LegiScan.]