[Rev. 11/22/2013 3:24:43 PM--2013]

TOLL ROAD DEMONSTRATION PROJECTS

BOULDER CITY BYPASS TOLL ROAD DEMONSTRATION PROJECT ACT

Chapter 478, Statutes of Nevada 2011

AN ACT relating to local government financial administration; * * *; requiring the Regional Transportation Commission of Southern Nevada to establish a demonstration project for a toll road in connection with the Boulder City Bypass Project; authorizing the Commission to enter into one or more public-private partnerships to design, construct, develop, finance, operate or maintain the demonstration project; authorizing the issuance of certain bonds or notes of the Commission to finance the Project; and providing other matters properly relating thereto.

[Approved: June 16, 2011]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

      Sec. 22.  Short title; applicability.  Sections 22 to 52, inclusive, of this act may be cited as the Boulder City Bypass Toll Road Demonstration Project Act. This act shall only apply to the Boulder City Bypass Project and not to any other project of the Commission.

      (Ch. 478, Stats. 2011 p. 2919)

      Sec. 23.  Definitions.  As used in this act, unless the context otherwise requires, the words and terms defined in sections 24 to 33, inclusive, of this act have the meanings ascribed to them in those sections.

      (Ch. 478, Stats. 2011 p. 2919)

      Sec. 24.  “Authorized emergency vehicle” defined.  “Authorized emergency vehicle” has the meaning ascribed to it in NRS 484A.020.

      (Ch. 478, Stats. 2011 p. 2919)

      Sec. 25.  “Commission” defined.  “Commission” means the Regional Transportation Commission of Southern Nevada.

      (Ch. 478, Stats. 2011 p. 2919)

      Sec. 26.  “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 the demonstration project by the Commission to a private partner.

      (Ch. 478, Stats. 2011 p. 2919)

      Sec. 27.  “Demonstration project” defined.  “Demonstration project” means the toll road demonstration project established by the Commission pursuant to section 34 of this act.

      (Ch. 478, Stats. 2011 p. 2919)

      Sec. 28.  “Motor vehicle” defined.  “Motor vehicle” has the meaning ascribed to it in NRS 484A.130.

      (Ch. 478, Stats. 2011 p. 2919)

      Sec. 29.  “Private partner” defined.  “Private partner” means a person with whom the Commission enters into a public-private partnership.

      (Ch. 478, Stats. 2011 p. 2920)

      Sec. 30.  “Public-private partnership” defined.  “Public-private partnership” means a contract entered into by the Commission and a private partner under which the private partner:

      1.  Assists the Commission in defining a potential project concerning the demonstration project and negotiates terms for potentially carrying out the planning, designing, financing, constructing, improving, maintaining, operating or acquiring rights-of-way for, or any combination thereof, the demonstration project, or any portion thereof; or

      2.  Assumes responsibility for planning, designing, financing, constructing, improving, maintaining, operating or acquiring rights-of-way for the demonstration project or any portion thereof.

      (Ch. 478, Stats. 2011 p. 2920)

      Sec. 31.  “Registered owner” defined.  “Registered owner” means a person whose name appears in the records of the Department of Motor Vehicles as the person to whom a motor vehicle is registered.

      (Ch. 478, Stats. 2011 p. 2920)

      Sec. 32.  “Toll road” defined.  “Toll road” means a highway and appurtenant facilities for which a user must pay a user fee as a condition of use.

      (Ch. 478, Stats. 2011 p. 2920)

      Sec. 33.  “User fee” defined.  “User fee” means a toll, fee, fare or other similar charge, including, without limitation, any incidental, account maintenance, administrative, credit card or video tolling fee or charge authorized by the Commission or a public-private partnership and imposed on a person for his or her use of a toll road.

      (Ch. 478, Stats. 2011 p. 2920)

      Sec. 34.  Toll road demonstration project: Establishment by Commission; scope and nature; alternate routes.

      1.  The Commission shall establish a toll road demonstration project in connection with the Boulder City Bypass Project. The demonstration project is a toll road directly connecting the area in the vicinity of U.S. 93/95 Mile Post 58.00 to the area in the vicinity of U.S. 93 Mile Post 2.00 and may:

      (a) Include, without limitation, highways, roads, bridges, on-ramps, off-ramps, direct connectors to or from other highways or arterials, tunnels, connectors to an airport, pavement, shoulders, structures, culverts, curbs, toll gantries and systems, drains, rights-of-way, buildings, communication facilities, equipment appurtenances, lighting, signage, service centers, operations centers, services, personal property and works incidental to, related to or desirable for highway design, construction, improvement, maintenance or operation required, laid out, constructed, improved, maintained or operated for highway purposes.

      (b) Include any appurtenant facilities and facilities necessary for financing, connectivity, operations, maintenance, mobility or safety of the demonstration project, which may include tolled and nontolled elements and on- and off-site facilities.

      (c) Be developed in one or more phases, through one or more solicitations and with one or more private partners.

      2.  The Commission may perform such tasks as are necessary and appropriate to plan, finance, design, construct, improve, maintain, operate and acquire rights-of-way for the demonstration project, including, without limitation:

      (a) Plan, design, finance, construct, maintain, operate and make such other improvements to existing highways as may be necessary and appropriate to accommodate, develop and own the demonstration project.

      (b) Determine the allowable uses of and the goals, standards, specifications and criteria of the demonstration project.

      (c) Enter into agreements with any local government or other political subdivision of this State, another state or the Federal Government for planning, designing, financing, constructing, improving, maintaining, operating and acquiring rights-of-way for the demonstration project.

      (d) Enter into contracts with a public-private partnership for planning, designing, financing, constructing, improving, maintaining, operating and acquiring rights-of-way for the demonstration project.

      (e) Retain legal, financial, technical and other consultants to assist the Commission concerning the demonstration project.

      (f) Secure financial and other assistance for planning, designing, financing, constructing, improving, maintaining, operating and acquiring rights-of-way for the demonstration project.

      (g) Apply for, accept and expend money from any lawful source, including, without limitation, any public or private funding, loan, grant, line of credit, loan guarantee, credit instrument, private activity bond allocation, credit assistance from the Federal Government or other type of assistance that is available to carry out the demonstration project.

      (h) Accept from any source any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other thing of value made to the Commission to carry out the demonstration project.

      (i) Pay any compensation to which a private partner is entitled, pursuant to the terms of the public-private partnership, upon the termination of the public-private partnership.

      (j) Enter into a bond indenture, loan agreement, interest rate swap, financing agreement, security agreement, pledge agreement, credit facility, trust agreement or other financial agreement in connection with the financing of the demonstration project.

      3.  The demonstration project, whether planned, designed, financed, constructed, improved, maintained or operated by the Commission or private partner, must be and remain:

      (a) A public highway;

      (b) A public use;

      (c) A public facility; and

      (d) Owned by the Commission.

      4.  Before construction of the demonstration project begins, U.S. Highway 93 and U.S. Highway 95 shall be deemed alternate routes to the toll road which do not require a user fee and which accommodate all classes of vehicles. The Commission may establish one or more additional alternate routes to the toll road which do not require a user fee and which can accommodate all classes of vehicles that may be accommodated on U.S. Highway 93 and U.S. Highway 95 as of the date that construction of the demonstration project begins.

      (Ch. 478, Stats. 2011 p. 2920)

      Sec. 34.5.  Restrictions on authority of Commission and Department of Transportation regarding use of U.S. Highways 93 and 95.  The Commission and the Department of Transportation shall not:

      1.  Request the Federal Government to prohibit or otherwise seek to prohibit the use on U.S. Highway 93 or U.S. Highway 95 of any classes of vehicles which are authorized on those highways as of the effective date of this section; and

      2.  Exercise any authority delegated to the Commission or the Department to prohibit the use on U.S. Highway 93 or U.S. Highway 95 of any classes of vehicles which are authorized on those highways as of the effective date of this section.

      (Ch. 478, Stats. 2011 p. 2921)

      Sec. 35.  Entry into public-private partnerships: Powers and duties of Commission; availability of certain information.

      1.  The Commission may enter into a public-private partnership with one or more private partners for planning, designing, financing, constructing, improving, maintaining, operating or acquiring rights-of-way for the demonstration project. A public-private partnership entered into pursuant to this section may include, without limitation, a concession and must be awarded through one or more solicitations that must include, without limitation, some or all of the requests for qualifications, short-listing of qualified proposers, requests for proposals, negotiations and best and final offers.

      2.  For any solicitation in which the Commission issues a request for qualifications, request for proposals or similar solicitation for a public-private partnership, the Commission may determine which factors it will consider and, except as otherwise provided in subsection 5, the relative weight of those factors in the evaluation process for the demonstration project to obtain the best value for the Commission.

      3.  Each request for proposals issued for the demonstration project must require each person submitting a proposal to include with the proposal an executive summary. The executive summary must address the major elements of the proposal but must not include the financial terms of the proposal, the financing plan or other confidential or proprietary information or trade secrets that the person submitting the proposal intends to be exempt from disclosure.

      4.  The executive summary for each proposal must be released to the public by the Commission.

      5.  After evaluation of the proposals submitted in response to a request for proposals, the Commission may enter into negotiations with the applicant whose proposal appeared to have the best value to enter into a public-private partnership. In determining the best value, the Commission shall assign a relative weight of 5 percent to an applicant who submits to the Commission a signed affidavit which certifies that, for the planning, design, construction, improvement, maintenance and operation of the demonstration project:

      (a) At least 65 percent of all workers employed on the demonstration project, including, without limitation, any employees of the applicant, contractor and any subcontractors engaged in the demonstration project will hold a valid driver’s license or identification card issued by the Department of Motor Vehicles;

      (b) All vehicles used primarily for the demonstration project will be:

             (1) Registered and partially apportioned to Nevada pursuant to the International Registration Plan, as adopted by the Department of Motor Vehicles pursuant to NRS 706.826; or

             (2) Registered in this State;

      (c) At least 65 percent of the design professionals working on the demonstration project, including, without limitation, any employees of the applicant, contractor and any subcontractor engaged on the demonstration project, will have a valid driver’s license or identification card issued by the Department of Motor Vehicles;

      (d) At least 25 percent of the suppliers of the materials used for the demonstration project will be located in this State unless the Commission requires the acquisition of materials or equipment that cannot be obtained from a supplier located in this State; and

      (e) The applicant, contractor and any subcontractor engaged on the demonstration project will maintain and make available for inspection within this State his or her records concerning payroll relating to the demonstration project.

      6.  If the Commission is unable to negotiate a public-private partnership with the applicant whose proposal appeared to have the best value, upon such terms and conditions that the Commission determines to be in the best interest of the public, the Commission may suspend or terminate negotiations with that applicant. The Commission may then undertake negotiations with the next highest-ranked applicant in sequence until a public-private partnership is entered into or a determination is made by the Commission to reject all applicants that submitted proposals.

      7.  After the award and execution of the public-private partnership, the Commission shall make available to the applicants and the public the results of the evaluations of proposals and the final rankings of the applicants.

      8.  Notwithstanding any other law to the contrary, to maximize competition and to obtain the best value for the public, no part of a proposal other than the executive summary may be released or disclosed by the Commission before the award and execution of the public-private partnership and the conclusion of any specified period to protest or otherwise challenge the award, except pursuant to an administrative or judicial order requiring release or disclosure of any part of the proposal.

      (Ch. 478, Stats. 2011 p. 2922)

      Sec. 36.  Required provisions of public-private partnerships and certain related contracts; failure to comply with certain requirements; liquidated damages.

      1.  A public-private partnership awarded to an applicant who receives a preference in bidding described in subsection 5 of section 35 of this act must:

      (a) Include a provision in the public-private partnership that substantially incorporates the requirements of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act; and

      (b) Provide that a failure to comply with any requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act is a material breach of the public-private partnership and entitles the Commission to liquidated damages only as provided in subsections 5 and 6.

      2.  Any contract entered into between a private partner and a contractor engaged on the demonstration project and between a contractor and any subcontractor engaged on the demonstration project must:

      (a) Include a provision in the contract that substantially incorporates the requirements of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act; and

      (b) Provide that a failure to comply with any requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act is a material breach of the contract.

      3.  A person or entity who believes that an applicant has obtained a preference in bidding as described in subsection 5 of section 35 of this act but has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act may file a written objection with the Commission. A written objection authorized pursuant to this subsection must set forth proof or substantiating evidence to support the belief of the person or entity that the applicant has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act.

      4.  If the Commission receives a written objection pursuant to subsection 3, the Commission shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to that subsection. If the Commission determines that the objection is not accompanied by the required proof or substantiating evidence, the Commission shall dismiss the objection. If the Commission determines that the objection is accompanied by the required proof or substantiating evidence or if the Commission determines on its own initiative that proof or substantiating evidence of a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act exists, the Commission shall determine whether the applicant has failed to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act and the Commission may proceed to award the contract accordingly or, if the contract has already been awarded, seek the remedy authorized in subsection 5.

      5.  The Commission may recover, by civil action against the party responsible for a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act, liquidated damages as described in subsection 6 for a breach of a contract for the demonstration project caused by a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act. If the Commission recovers liquidated damages pursuant to this subsection for a breach of a contract for the demonstration project, the Commission shall report to the State Contractors’ Board the date of the breach, the name of each entity which breached the contract and the cost of the public-private partnership. The Board shall maintain this information for not less than 6 years. Upon request, the Board shall provide this information to any public body or its authorized representative.

      6.  If an applicant submits the affidavit described in subsection 1, receives a preference in bidding described in subsection 5 of section 35 of this act and is awarded the public-private partnership, the public-private partnership, each contract between the applicant and a contractor or a subcontractor or supplier and each contract between a subcontractor and a subcontractor or supplier must provide that:

      (a) If a party to the contract causes a material breach of the contract between the applicant and the Commission as a result of a failure to comply with a requirement of paragraphs (a) to (e), inclusive, of subsection 5 of section 35 of this act, the party is liable to the Commission for liquidated damages in the amount of 10 percent of the cost of the largest contract to which he or she is a party or $50,000, whichever is less;

      (b) The right to recover the amount determined pursuant to paragraph (a) by the Commission pursuant to subsection 5 may be enforced by the Commission directly against the party that causes the material breach; and

      (c) No other party to the contract is liable to the Commission for liquidated damages.

      (Ch. 478, Stats. 2011 p. 2923)

      Sec. 37.  Eligibility to be private partner in public-private partnership.

      1.  To be eligible as a private partner in connection with a public-private partnership, a private partner must:

      (a) Obtain a performance bond, payment bond, letter of credit, parent guarantee or other security acceptable to the Commission, or any combination thereof, which the Commission determines is adequate to:

             (1) Protect the interests of this State and its political subdivisions; and

             (2) Ensure completion of the demonstration project without this State or its political subdivisions being liable for any of the direct costs of the demonstration project;

      (b) Obtain insurance covering general liability and liability for errors and omissions, in amounts determined by the Commission;

      (c) Not have been found liable for breach of contract with respect to a previous project with the Commission, other than a breach for legitimate cause during the 5 years immediately preceding the commencement of the solicitation of the public-private partnership; and

      (d) Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895 or 338.1475.

      2.  A private partner is not required to hold the licenses and certifications required to undertake the work for the demonstration project as a condition of eligibility to be a private partner but must ensure that any work which requires a license or certification is performed by persons that possess the required licenses and certifications.

      (Ch. 478, Stats. 2011 p. 2924)

      Sec. 38.  Confidentiality of information obtained by or disclosed to Commission during procurement or negotiation of public-private partnership.  Information obtained by or disclosed to the Commission during the procurement or negotiation of a public-private partnership may be kept confidential until the public-private partnership is executed, except that the Commission may exempt from release any proprietary information obtained by or disclosed to the Commission during the procurement or negotiation.

      (Ch. 478, Stats. 2011 p. 2925)

      Sec. 39.  Term and extension of public-private partnership.

      1.  Except as otherwise provided in subsection 2, notwithstanding any other law to the contrary, a public-private partnership may be for a term of not more than 40 years after the opening of the demonstration project to the public and the commencement of its full operations and collection of revenue.

      2.  A public-private partnership may be extended:

      (a) As a result of an event in the nature of force majeure;

      (b) As a means to compensate the private partner for events set forth in the public-private partnership that entitle the private partner to compensation; or

      (c) For additional terms upon the mutual agreement of the private partner and the Commission.

      (Ch. 478, Stats. 2011 p. 2925)

      Sec. 40.  Authorized and required provisions of public-private partnerships; civil penalty for misuse of certain data.

      1.  A public-private partnership entered into pursuant to this act may include provisions that:

      (a) Authorize the Commission and the private partner to charge, collect, use, enforce and retain user fees, including, without limitation, provisions that:

             (1) Specify the technology to be used in the demonstration project;

             (2) Establish circumstances under which the Commission may receive the revenues or a share of the revenues from such user fees;

             (3) State that the user fees may be collected directly by the Commission, the private partner or by a third party engaged for that purpose;

             (4) Prescribe a formula, indexation or mechanism for the adjustment of user fees during the term of the public-private partnership;

             (5) Allow a variety of strategies to be employed to manage traffic on the demonstration project that the Commission determines are appropriate based on the specific circumstances of the demonstration project; and

             (6) Govern the enforcement of user fees, including, without limitation, provisions for the use of cameras or other mechanisms to ensure that users have paid user fees which are due and provisions that allow the Commission and private partner to request information from relevant databases, including, without limitation, databases of the Department of Motor Vehicles, pursuant to the provisions of NRS 481.063, for enforcement purposes. The Commission may impose a civil penalty of not more than $10,000 per violation for misuse of the data contained in such databases, including, without limitation, negligence in securing the data properly. Any civil penalty collected pursuant to this subparagraph must be deposited in the State General Fund.

      (b) Allow for payments to be made by the Commission to the private partner, including, without limitation, periodic payments, construction payments, payments for attaining milestones, progress payments, payments based on availability or other performance-based payments, payments relating to events for which the public-private partnership requires payment of compensation and payments relating to or arising out of the termination of the public-private partnership.

      (c) Allow the Commission to accept payments of money from, and share revenues with, the private partner. The Commission shall deposit such money in the State Highway Fund.

      (d) Address the manner in which the Commission and the private partner will share management of the risks of the demonstration project.

      (e) Specify the manner in which the Commission and the private partner will share the costs of any development of the demonstration project.

      (f) Allocate financial responsibility for any costs that exceed the amount specified in the public-private partnership.

      (g) Establish applicable liquidated or stipulated damages to be assessed for nonperformance by the private partner.

      (h) Establish performance measurements, as described in section 41 of this act, or incentives, or both.

      (i) Address the acquisition of rights-of-way and other property interests that may be required for the demonstration project, including, without limitation, provisions that address the exercise of eminent domain by the Commission in the manner authorized pursuant to NRS 277A.250 and chapter 37 of NRS.

      (j) Establish recordkeeping, accounting and auditing standards to be used for the project.

      (k) Upon termination of the public-private partnership, address responsibility for repair, rehabilitation, reconstruction or renovations that are required for the demonstration project to meet all applicable standards set forth in the public-private partnership upon reversion of the demonstration project to the Commission.

      (l) Provide for security and law enforcement.

      (m) Identify any specifications of the Commission that must be satisfied, including, without limitation, provisions allowing the private partner to request and receive authorization to deviate from the specifications on making a showing satisfactory to the Commission.

      (n) Specify remedies available and procedures for dispute resolution, including, without limitation, the right of the private partner to institute legal proceedings to obtain an enforceable judgment or award against the Commission in the event of a default by the Commission and procedures for the use of dispute review boards, mediation, facilitated negotiation, nonbinding and binding arbitration and other alternative dispute resolution procedures.

      2.  A public-private partnership entered into pursuant to this act must contain a provision by which the private partner expressly agrees to be barred from seeking injunctive or other equitable relief to delay, prevent or otherwise hinder the Commission from developing or constructing a facility which was planned at the time the public-private partnership was executed and which may impact the revenue that the private partner derives from the demonstration project developed under the public-private partnership. The public-private partnership may provide for reasonable compensation to the private partner for the adverse effect on revenue from the demonstration project developed under the public-private partnership resulting from the development or construction of another facility by the Commission.

      (Ch. 478, Stats. 2011 p. 2925)

      Sec. 41.  Imposition, periodic review and collection of user fees; exemptions from user fees; imposition of administrative fines, late charges and other penalties; plan for measuring performance of private partner; confidentiality and protection of certain information.

      1.  If the Commission enters into a public-private partnership pursuant to this act, the Commission:

      (a) Shall adopt, establish or include in the public-private partnership a schedule of user fees or a methodology for establishing the user fees that may be charged by the Commission or a private partner for the use of the demonstration project, which may include, without limitation, provisions for adjusting the user fees based on the types of motor vehicle, time of day, traffic conditions or other factors determined necessary by the Commission or a private partner to implement, finance or improve the performance of the demonstration project. A schedule of user fees or methodology for establishing user fees to be included in the public-private partnership must be adopted or established by the Commission at a public hearing held in compliance with chapter 241 of NRS.

      (b) Shall, consistent with the provisions of section 42 of this act, establish or provide in the public-private partnership for the establishment of administrative fines, late charges and other penalties for any person who violates any regulation or rule governing the use of the demonstration project or who fails to pay a user fee.

      (c) In addition to the exemptions provided in subsection 2, may establish or provide in the public-private partnership for exemptions from the payment of a user fee.

      (d) Shall adopt a plan for measuring the performance of the private partner subject to the approval of the Department of Transportation, and, in the event of any unexcused failure by the private partner to meet such performance measurements, provide for the rights and remedies of the Commission.

      2.  The following motor vehicles are exempt from any user fee established by the Commission:

      (a) A vehicle owned or operated by this State or any of its political subdivisions.

      (b) A transit bus or vanpool vehicle owned or operated by an agency of the United States, to the extent that such vehicles are exempted pursuant to an agreement between the agency or political subdivision and the Commission or a private partner.

      (c) An authorized emergency vehicle if the person operating it is:

             (1) Responding to an emergency and its emergency lights are in use; or

             (2) Enforcing traffic laws.

      (d) A vehicle used to provide maintenance of the demonstration project.

      (e) A vehicle that is exempt pursuant to the terms of a public-private partnership.

      3.  Not less frequently than once each calendar year, the Commission shall review any fee schedule established pursuant to this section and any adjustments to the fee schedule made by the Commission or a private partner to determine whether the user fees effectively manage travel times, speed and reliability with regard to the demonstration project. The Commission shall review and, if applicable, make any necessary adjustments at a public hearing held in compliance with chapter 241 of NRS.

      4.  The Commission or a private partner may use any method it determines appropriate to collect a user fee, including, without limitation, the issuance of invoices, prepayment requirements and the use of an electronic, video or automated collection system. An electronic, video or automated collection system may be used to verify payment or to charge the user fee to the:

      (a) Account of a person whose vehicle is equipped with a transponder approved by the Commission or other automated payment technology approved by the Commission;

      (b) Account of a person who otherwise registers to use the demonstration project in accordance with the policies and procedures established by the Commission or set forth in the public-private partnership; or

      (c) Registered owner.

      5.  The name, address, other personal identifying information and trip data of a user is confidential, and the Commission, a private partner, consultant, contractor or representative thereof shall not release, sell or distribute such information without the express written consent of the user, except that the Commission or a private partner may release such information:

      (a) As is necessary to collect a user fee and enforce any penalty for a violation of this act or any policies and procedures established pursuant thereto or set forth in the public-private partnership; and

      (b) To a law enforcement agency pursuant to a subpoena.

      6.  The Commission or a private partner may solicit and contract with any person to provide services relating to the collection of a user fee.

      7.  The Commission shall establish a privacy policy regarding the collection and use of personal identifying information pursuant to this section. The policy must include, without limitation, provisions requiring that:

      (a) Except as otherwise provided in paragraph (b), any personal identifying information used to collect and enforce user fees be destroyed not later than 30 days after the person has paid the user fee and any administrative fines, late fees or other penalties and charges imposed;

      (b) Any personal identifying information collected for the establishment of an account for the use of an automated collection system be:

             (1) Stored longer than 30 days only if the information is required to perform account functions, including, without limitation, billing and other activities directly related to the use of the account; and

             (2) Destroyed within 30 days after receiving written notice that the person who established the account wants to close the account; and

      (c) Each person establishing an account for use in an automated collection system be provided a copy, in a clear and conspicuous manner, of the privacy policy required by this subsection and all other applicable privacy laws.

      (Ch. 478, Stats. 2011 p. 2927)

      Sec. 42.  Liability for and enforcement of user fees; duties and authority of Department of Motor Vehicles.

      1.  Except as otherwise provided in subsection 3, a registered owner who fails to pay a user fee is subject to an administrative fine for nonpayment and is liable to the Commission or private partner for the payment of the user fee, the administrative fine and any additional charges or penalties prescribed by the Commission or set forth in the public-private partnership.

      2.  If a driver or registered owner fails to pay a user fee, the Commission or private partner shall provide notice of nonpayment to the registered owner. The notice must describe the claimed nonpayment and the amount due, including any additional charges, administrative fines or penalties, and explain that the registered owner must, within 20 days after receiving the notice, pay the full amount due or contest the claim in the manner described in the notice. A registered owner who does not pay the full amount due or contest the claim within 20 days after receiving the notice may not challenge the claim in any proceeding or action brought by the Commission or the private partner.

      3.  A short-term lessor of a motor vehicle that is the registered owner is not liable to the Commission or a private partner for any failure to pay a user fee arising out of the use of a rented motor vehicle during any period in which the motor vehicle is not in the possession of the lessor if, within 45 days after receiving the written notice from the Commission or private partner, the lessor provides to the Commission or private partner the name, address, driver’s license number and other identifying information of the person to whom the motor vehicle was rented at the time of the use of the demonstration project. If the lessor provides such information, the person to whom the motor vehicle was rented at the time of the use of the demonstration project is liable for the user fee or administrative fee, or both, and any late charges or other penalties or charges resulting from the failure to pay the user fee.

      4.  The Commission or a private partner may use a photo-monitoring, video, image capture or other automated or technology-based enforcement and collections system to detect the failure of a motor vehicle to register payment of the required user fee, to detect the failure of the driver or registered owner to pay a user fee or to verify and assess the payment of a user fee. The data, including photographs, images, videotapes and other vehicle and owner information generated and obtained by the system, may be used to establish the nonpayment of the user fee and to enforce collection of the user fee and any administrative fines, late charges and other penalties or charges imposed pursuant to the public-private partnership. The Commission or private partner shall not use the information for any other purpose.

      5.  If the registered owner fails to respond to the notice described in subsection 2, the Commission or private partner may file a notice of nonpayment with the Department of Motor Vehicles. The notice must include:

      (a) The place, time and date of the use of the demonstration project which, through nonpayment of user fees, administrative fees, late charges or other penalties or charges, constitutes a violation;

      (b) The number of the license plate and the make and model year of the motor vehicle; and

      (c) The total amount owed the Commission or private partner for the violation.

      6.  Upon receipt of the notice described in subsection 5, the Department of Motor Vehicles shall place a hold on the renewal of the registration of the motor vehicle described in the notice pursuant to the provisions of NRS 482.2805.

      7.  In addition to any administrative fine, late charge or other penalty or charge for nonpayment of a user fee established pursuant to the public-private partnership which is payable to the Commission or a private partner, the Department of Motor Vehicles may impose an additional administrative fee of not more than $15 upon any person who applies for the renewal of the registration of a motor vehicle subject to a hold pursuant to this section.

      8.  The Department of Motor Vehicles shall work cooperatively with the Commission and any private partner to establish a timely and efficient manner for providing the motor vehicle registration of the registered owner, pursuant to the provisions of NRS 481.063, to the Commission and any private partner for the purposes of collecting and enforcing any user fees and any administrative fines, late charges and other penalties imposed pursuant to this act.

      (Ch. 478, Stats. 2011 p. 2929)

      Sec. 43.  Deposit and use of money received by Commission.

      1.  All money that is received and is to be retained by the Commission pursuant to a public-private partnership in connection with the demonstration project that 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 and, except for costs of administration, must be used exclusively for the design, construction, operation, maintenance, financing and repair of the public highways of this State. The money must first be used to defray the obligations of the Commission under the public-private partnership, including, without limitation, the costs of administration, design, construction, operation, maintenance, financing and repair of the demonstration project.

      2.  Any other money received by the Commission pursuant to this act or any policies or procedures established by the Commission or set forth in the public-private partnership must be deposited in the State Highway Fund and accounted for separately. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. The money in the account may be used for:

      (a) The payment of the costs of planning, designing, financing, constructing, improving, maintaining, operating or acquiring rights-of-way for the demonstration project;

      (b) The payment of the costs of administering the demonstration project and enforcing the collection of user fees;

      (c) Satisfaction of any obligations of the Commission pursuant to a public-private partnership; and

      (d) The costs of administration, construction, maintenance and repair of the public highways located in Clark County.

      (Ch. 478, Stats. 2011 p. 2930)

      Sec. 44.  Methods for financing demonstration project and related property improvements.

      1.  The demonstration project and any property improvement determined by the Commission to be necessary or desirable therefor may, as determined by the Commission, be financed:

      (a) By the private partner using its own funds or obtaining funds in any lawful manner for that entity.

      (b) By the issuance of revenue bonds or notes of the Commission which are payable from and secured by:

             (1) Revenues from the demonstration project, including, without limitation, user fees and payments established, due and collected pursuant to sections 41 and 42 of this act, other than subsection 7 of section 42 of this act;

             (2) Payments from the Commission to the private partner pursuant to a public-private partnership;

             (3) Payments from the private partner as described in section 43 of this act;

             (4) Guarantees or other forms of financial assistance from the private partner or any other person;

             (5) Any grants, donations or other sources of funding mentioned in paragraph (f), (g) or (h) of subsection 2 of section 34 of this act, if use of the money to pay and secure the payment of the principal of and interest on those bonds or notes is consistent with and not prohibited by the instrument, law or regulation under which the money is received;

             (6) Interest or other gain accruing on any of the money deposited in the State Highway Fund pursuant to section 43 of this act; and

             (7) Any combination thereof,

Ê as described in the resolution authorizing the issuance of the bonds or notes. The bonds or notes may have a maturity of up to 40 years after the date of issuance. Any bonds or notes authorized by this paragraph are special, limited obligations of the Commission payable solely from the revenues specifically pledged to the payment of those obligations, as specified in the resolution for the issuance of the bonds or notes, and shall never be a debt of the State under Section 3 of Article 9 of the Constitution of the State of Nevada.

      (c) By the issuance of revenue bonds or notes of the Commission, to finance the demonstration project directly or by making a loan to the private partner, pursuant to a financing agreement entered into between the Commission and the private partner to secure the bonds or notes and provide for their payment. Any bonds or notes issued under this paragraph must be solely payable from and secured by payments made by and property of and other security provided by the private partner, including, without limitation, any payments made to the private partner by the Commission pursuant to the public-private partnership. Any bonds or notes issued pursuant to this paragraph may have a maturity of up to 40 years from the date of issuance. Any bonds or notes authorized by this paragraph are special, limited obligations of the Commission payable solely from the revenues specifically pledged to the payment of those obligations, as specified in the resolution for the issuance of bonds or notes, and shall never be a debt of the State under Section 3 of Article 9 of the Constitution of the State of Nevada.

      (d) By the issuance of private activity bonds or notes of the Commission or other eligible issuer, to finance the demonstration project directly or by making a loan to the private partner, pursuant to a financing agreement entered into between the Commission and the private partner for the purpose of securing the bonds or notes and providing for their payment. Any bonds or notes issued pursuant to this paragraph must be payable solely from and secured by payments made by and property of and other security provided by the private partner, including, without limitation, any payments made to the private partner by the Commission pursuant to the public-private partnership. Any bonds or notes issued pursuant to this paragraph may have a maturity of up to 40 years from the date of issuance. Any bonds or notes authorized by this paragraph are special, limited obligations of the Commission payable solely from the revenues specifically pledged to the payment of those obligations, as specified in the resolution for the issuance of the bonds or notes, and shall never be a debt of the State under Section 3 of Article 9 of the Constitution of the State of Nevada.

      (e) By any loan, grant, line of credit, loan guarantee, credit instrument, private activity bond allocation, credit assistance from the Federal Government or other type of assistance that is available to carry out the demonstration project.

      (f) With any grant, donation, gift or other form of conveyance of land, money or other real or personal property or other thing of value made to the Commission to carry out the demonstration project.

      (g) With legally available money from any other source, including a source described in paragraph (f), (g) or (h) of subsection 2 of section 34 of this act, or from user fees.

      (h) By any combination of paragraphs (a) to (g), inclusive.

      2.  If so determined by the Commission, any bonds or notes issued as described in paragraph (b) of subsection 1 may also be payable from and secured by taxes which are credited to the State Highway Fund and which would not cause the bonds or notes to create a public debt under the provisions of Section 3 of Article 9 of the Constitution of the State of Nevada. In addition, the Commission may pledge those taxes to and use those taxes for the payment of any of its obligations under a public-private partnership.

      (Ch. 478, Stats. 2011 p. 2930)

      Sec. 45.  Real property and related appurtenances for demonstration project: Authority of Commission; tax exemption; duties of Department of Transportation.

      1.  The Commission may acquire, condemn or hold real property and related appurtenances under fee title, lease, easement, dedication or license for the demonstration project. The Commission may grant to a private partner a lease, easement, operating agreement, license, permit or right of entry for such real property and related appurtenances, and such grant and use shall be deemed for all purposes:

      (a) A public use;

      (b) A public facility; and

      (c) A public highway.

      2.  The real property and related appurtenances, or the use thereof, that are granted by the Commission to the private partner shall be exempt from all real property and ad valorem taxes.

      3.  The Department of Transportation shall assist the Commission in any way necessary for the Commission to carry out the provisions of this section, including, without limitation, granting to the Commission or a private partner a lease, easement, operating agreement, license, permit or right of entry.

      (Ch. 478, Stats. 2011 p. 2932)

      Sec. 46.  Private partner exempt from assessments on certain property.  Notwithstanding any specific statute to the contrary, a private partner is exempt from any assessment on property:

      1.  Which the Department of Transportation or the Commission owns or acquires or in which the Department or the Commission has a possessory interest;

      2.  Which the Department or the Commission provides to the private partner pursuant to a public-private partnership; and

      3.  On which the demonstration project is located.

      (Ch. 478, Stats. 2011 p. 2932)

      Sec. 47.  Applicability of provisions of chapter 338 of NRS.

      1.  A private partner who enters into a contract for construction work pursuant to a public-private partnership shall:

      (a) Award contracts using competitive bidding in accordance with the provisions of chapter 338 of NRS, and solely for the purposes of those provisions regarding competitive bidding, the demonstration project shall be deemed to be a public work and the private partner shall be deemed to be a public body awarding the contracts for the demonstration project; and

      (b) Pay the prevailing wage required pursuant to NRS 338.013 to 338.090, inclusive, and solely for the purposes of those provisions, the demonstration project shall be deemed to be a public work and the Commission shall be deemed to be a party to the contract and to be the public body advertising for bids for the demonstration project and awarding the construction contract for the demonstration project.

      2.  Nothing in this section requires the Commission to use competitive bidding in accordance with the provisions of chapter 338 of NRS to award a public-private partnership to a private partner.

      (Ch. 478, Stats. 2011 p. 2932)

      Sec. 47.5.  Solicitation by private partners of contracts for construction work.

      1.  In addition to complying with the provisions of section 47 of this act, a private partner who enters into a contract for construction work pursuant to a public-private partnership shall:

      (a) Advertise for at least 7 calendar days for bids on each contract for the performance of any portion of the construction work for the public-private partnership;

      (b) At least 2 business days before the first day of that advertisement, provide notice of that advertisement to the Commission, the Board of County Commissioners of Clark County, the City Council of the City of Las Vegas and the City Council of the City of Boulder City;

      (c) Make available to all prospective bidders on the contract a written set of plans and specifications for the pertinent work; and

      (d) Provide public notice of the name and address of each person who submits a bid on the contract.

      2.  If the Commission, the Board of County Commissioners of Clark County, the City Council of the City of Las Vegas or the City Council of the City of Boulder City receives a notice of an advertisement for bids pursuant to paragraph (b) of subsection 1, the Commission, Board or City Council:

      (a) Shall, upon such receipt, post notice of the advertisement on an Internet website maintained by the Commission, county or city; and

      (b) May otherwise provide notice of the advertisement to local trade organizations and the general public.

      3.  The Commission shall ensure that the private partner complies with the provisions of subsection 1.

      (Ch. 478, Stats. 2011 p. 2933)

      Sec. 48.  Authorization of private partner to remove encroachments or relocate utilities from right-of-way of demonstration project.

      1.  The Commission may include authority in a public-private partnership or otherwise authorize a private partner to remove any encroachments or relocate any utility from the right-of-way of the demonstration project. The Commission may incorporate the costs of such removal or relocation into the public-private partnership.

      2.  A utility may not be required to pay any costs related to removing or relocating any property of the utility pursuant to subsection 1.

      (Ch. 478, Stats. 2011 p. 2933)

      Sec. 49.  Provisions supplementary; applicability of other provisions.  To the extent practicable, the provisions of this act are intended to supplement other statutory provisions governing the administration of highways in this State, and such other provisions must be given effect to the extent that those provisions do not conflict with the provisions of this act. If there is a conflict between such other provisions and the provisions of this act, the provisions of this act control.

      (Ch. 478, Stats. 2011 p. 2933)

      Sec. 50.  Annual written reports by Commission.

      1.  On or before February 1 of each year, the Commission shall prepare a written report concerning the demonstration project. The report must include, without limitation:

      (a) The current status of the demonstration project.

      (b) The amount of user fees collected by the Commission and any private partners.

      (c) The amount of money received by the Commission in connection with the demonstration project from sources other than user fees.

      (d) The amount paid by the Commission under any public-private partnership.

      (e) An assessment of the compliance by a private partner with the performance measurements set forth in the public-private partnership pursuant to sections 41 and 42 of this act.

      (f) Such other information as the Commission determines appropriate.

      2.  On or before February 1 of each even-numbered year, the Regional Transportation Commission of Southern Nevada shall submit the report prepared pursuant to subsection 1 to the Legislative Commission. On or before February 1 of each odd-numbered year, the Regional Transportation Commission of Southern Nevada shall submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

      (Ch. 478, Stats. 2011 p. 2933)

      Sec. 51.  Cost-benefit analysis of demonstration project.  Upon completion of the demonstration project, the Commission shall:

      1.  Subject to review by the Department of Transportation, conduct a cost-benefit analysis of the demonstration project; or

      2.  Request that the Department of Transportation conduct a cost-benefit analysis of the demonstration project.

Ê The Commission shall submit the analysis to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

      (Ch. 478, Stats. 2011 p. 2934)

      Sec. 52.  Additional periodic reports by Commission.

      1.  In addition to the requirements of section 50 of this act, the Regional Transportation Commission of Southern Nevada shall report on the status of the demonstration project to the Legislative Commission and the Interim Finance Committee. The report must include, without limitation:

      (a) The current status of the demonstration project.

      (b) The amount of user fees collected by the Regional Transportation Commission of Southern Nevada and any private partners.

      (c) The amount of money received by the Regional Transportation Commission of Southern Nevada in connection with the demonstration project from sources other than user fees.

      (d) The amount paid by the Regional Transportation Commission of Southern Nevada under any public-private partnership.

      (e) Such other information as the Legislative Commission or the Interim Finance Committee determines appropriate.

      2.  The report required pursuant to subsection 1 must be submitted at least quarterly and at such other times as the Legislative Commission or the Interim Finance Committee may require.

      (Ch. 478, Stats. 2011 p. 2934)