NRS: CHAPTER 277A - REGIONAL TRANSPORTATION COMMISSIONS

[Rev. 6/29/2024 3:28:55 PM--2023]

CHAPTER 277A - REGIONAL TRANSPORTATION COMMISSIONS

GENERAL PROVISIONS

NRS 277A.010 Short title.

NRS 277A.020 Definitions.

NRS 277A.030 “Acquire” and “acquisition” defined.

NRS 277A.040 “Board” defined.

NRS 277A.050 “City” defined.

NRS 277A.060 “Commission” defined.

NRS 277A.070 “Department” defined.

NRS 277A.080 “Fixed guideway” defined.

NRS 277A.090 “Improve” and “improvement” defined.

NRS 277A.100 “Project” defined.

NRS 277A.110 “Public highway” defined.

NRS 277A.120 “Public transit system” defined.

NRS 277A.130 “Street banner” defined.

NRS 277A.140 “Town” defined.

NRS 277A.150 “Vending stand” defined.

NRS 277A.160 Interpretation and construction of chapter.

ESTABLISHMENT

NRS 277A.170 Creation by ordinance in certain counties.

NRS 277A.180 Composition; selection and terms of representatives.

POWERS AND DUTIES

NRS 277A.200 Organization and meetings.

NRS 277A.210 Capacity to sue and be sued; budgets; bylaws and rules; plans for transportation; insurance against loss; perpetual succession.

NRS 277A.220 Designation and duties as metropolitan planning organization.

NRS 277A.230 Powers regarding federal money and projects and public hearings; compliance with federal law.

NRS 277A.240 Creation of fund to match federal money; creation of fund for Complete Streets Program; acceptance of gifts and donations for Complete Streets Fund.

NRS 277A.250 Powers regarding property, eminent domain and adoption of regulations.

NRS 277A.255 Disposal of real property and improvements acquired by exercise of power of eminent domain: Procedure; presumption; conveyance; reservation of easements, rights or interests.

NRS 277A.260 Security in operations; employment of personnel; establishment of fines; maintenance of certain audio and video recordings; provision of recording upon request by certain employee organizations.

NRS 277A.265 Creation, maintenance or display of comprehensive model or map of physical location of facilities of public utility, public water system or video service provider prohibited.

NRS 277A.270 Exclusive operation of system of public transportation; use of public rights-of-way and property of commission; entry into contracts and other agreements; powers and duties inapplicable to certain monorails.

NRS 277A.280 Authority of commission and certain counties and cities to establish or operate public transit system; utilization of turnkey procurement for and development of fixed guideway project; utilization of competitive negotiation procurement process.

NRS 277A.283 Powers regarding provision of freight rail service in relation to certain qualified projects approved by Office of Economic Development. [Effective through June 30, 2032.]

NRS 277A.283 Powers regarding provision of freight rail service in relation to certain qualified projects approved by Office of Economic Development. [Effective July 1, 2032, through June 30, 2036.]

NRS 277A.283 Powers regarding provision of freight rail service in relation to certain qualified projects approved by Office of Economic Development. [Effective July 1, 2036.]

NRS 277A.285 Powers regarding Complete Streets Program.

NRS 277A.290 Powers regarding parking facilities or parking spaces for general public and public employees.

NRS 277A.300 Electrical and communication systems and related infrastructure: Construction, modification, operation and maintenance; repairing of damage.

NRS 277A.310 Placement of street banners: Authority of commission; restrictions; fees.

NRS 277A.320 Counties whose population is 700,000 or more: Construction, installation and maintenance of vending facilities for passengers of public mass transportation.

NRS 277A.330 Counties whose population is 700,000 or more: Construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation.

NRS 277A.340 Counties whose population is 700,000 or more: Advisory committee concerning construction, installation and maintenance of benches, shelters and transit stops. [Replaced in revision by NRS 277A.355.]

NRS 277A.347 Counties whose population is 700,000 or more: Establishment of Nevada Yellow Dot Program; provision of items to participants; design of materials; establishment of public information campaign; liability of first responders.

NRS 277A.350 Counties whose population is 700,000 or more: Cooperation and consultation with local air pollution control board regarding adoption or amendment of plan, policy or program.

NRS 277A.355 Counties whose population is 100,000 or more: Advisory committee concerning construction, installation and maintenance of benches, shelters and transit stops; membership of advisory committee; term; exception.

NRS 277A.360 Annual reports to Department by commissions in certain counties.

NRS 277A.370 Agreements for exchange of cash flow based on price of fuel.

NRS 277A.380 Exercise of additional powers.

TRANSPORTATION PROJECTS AND HIGH-CAPACITY TRANSIT SYSTEMS IN CERTAIN COUNTIES

NRS 277A.400 “High-capacity transit” defined.

NRS 277A.410 Applicability.

NRS 277A.420 Interpretation and construction.

NRS 277A.430 Powers regarding transportation projects and high-capacity transit systems.

NRS 277A.440 Agreements related to development of transportation project or high-capacity transit system.

NRS 277A.450 Utilization of turnkey procurement and competitive negotiation procurement process.

NRS 277A.460 Creation of account for deposit of appropriations used to pay costs of transportation project.

NRS 277A.470 Recommendations to board of county commissioners for imposition of tax; submission of question to voters.

NRS 277A.480 Imposition of tax upon approval of voters.

NRS 277A.490 Remittance and use of proceeds of tax.

_________

GENERAL PROVISIONS

NRS 277A.010 Short title. This chapter may be known and cited as the Regional Transportation Commission Act.

(Added to NRS by 2009, 836)

NRS 277A.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 277A.030 to 277A.150, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2009, 836)

NRS 277A.030 “Acquire” and “acquisition” defined. “Acquire” or “acquisition” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement, or any combination thereof, of any project, or an interest therein, authorized by this chapter.

(Added to NRS by 2009, 837)

NRS 277A.040 “Board” defined. “Board” means the board of county commissioners.

(Added to NRS by 2009, 837)

NRS 277A.050 “City” defined. “City” means an incorporated city.

(Added to NRS by 2009, 837)

NRS 277A.060 “Commission” defined. “Commission” means a regional transportation commission created pursuant to NRS 277A.170.

(Added to NRS by 2009, 837)

NRS 277A.070 “Department” defined. “Department” means the Department of Motor Vehicles.

(Added to NRS by 2009, 837)

NRS 277A.080 “Fixed guideway” defined. “Fixed guideway” means a mass transportation facility which uses and occupies a separate right-of-way or rails exclusively for public transportation, including, without limitation, fixed rail, automated guideway transit and exclusive facilities for buses.

(Added to NRS by 2009, 837)

NRS 277A.090 “Improve” and “improvement” defined. “Improve” or “improvement” means the extension, widening, lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or other major improvement, or any combination thereof, of any project, or an interest therein, authorized by this chapter. The term includes renovation, reconditioning, patching, general maintenance and other minor repairs.

(Added to NRS by 2009, 837)

NRS 277A.100 “Project” defined. “Project” means:

1. In a county whose population is 100,000 or more, street and highway construction, including, without limitation, the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition and improvement of all types of property therefor.

2. In a county whose population is less than 100,000, street and highway construction, maintenance or repair, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of all types of property therefor.

(Added to NRS by 2009, 837)

NRS 277A.110 “Public highway” defined. “Public highway” means any street, road, alley, thoroughfare, way or place of any kind used by the public or open to the use of the public as a matter of right for the purpose of vehicular traffic.

(Added to NRS by 2009, 838)

NRS 277A.120 “Public transit system” defined. “Public transit system” means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons.

(Added to NRS by 2009, 838)

NRS 277A.130 “Street banner” defined. “Street banner” means a sign which a commission has authorized pursuant to NRS 277A.310 to be hung:

1. Along any street, avenue, boulevard, alley, public highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, within the jurisdiction of the commission.

2. On any facility owned or leased by the commission, the county or any participating city.

(Added to NRS by 2009, 838)

NRS 277A.140 “Town” defined. “Town” means an unincorporated town.

(Added to NRS by 2009, 838)

NRS 277A.150 “Vending stand” defined. “Vending stand” means:

1. Such buildings, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles or the provision of such services as may be approved by the commission and the governing body having care, custody and control of the property on which the vending stand is located;

2. Manual or coin-operated vending machines or similar devices for vending such articles, operated at buildings, terminals and parking facilities owned or leased by the commission, even though no person is physically present on the premises except to service the machines;

3. A snack bar for the dispensing of foodstuffs and beverages; or

4. Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages or the provision of approved services.

(Added to NRS by 2009, 838)

NRS 277A.160 Interpretation and construction of chapter. This chapter shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this State and other states and of the government of the United States having to do with the subject of transportation.

(Added to NRS by 2009, 850)

ESTABLISHMENT

NRS 277A.170 Creation by ordinance in certain counties. In any county for all or part of which a streets and highways plan has been adopted as a part of the master plan by the county or regional planning commission pursuant to NRS 278.150, the board may by ordinance create a regional transportation commission.

(Added to NRS by 2009, 839)

NRS 277A.180 Composition; selection and terms of representatives.

1. In counties whose population is 100,000 or more, the commission must be composed of representatives selected by the following entities:

(a) Two by the board from among its members.

(b) Two by the governing body of the largest city in the county from among its members or, if the mayor of the city is not a member of the governing body, from among its members and the mayor of the city.

(c) One by the governing body of each additional city in the county from among its members or, if the mayor of the city is not a member of the governing body, from among its members and the mayor of the city.

2. In counties whose population is less than 100,000, the commission must be composed of representatives selected as follows:

(a) If the county contains three or more cities:

(1) Two by the board.

(2) One by the governing body of the largest city.

(b) If the county contains only two cities:

(1) Three by the board, at least one of whom is a representative of the public who is a resident of the county.

(2) One by the governing body of each city in the county.

(1) Two by the board.

(2) One by the governing body of the city.

(d) If the county contains no city, the board shall select:

(1) Two members of the board; and

(2) One representative of the public, who is a resident of the largest town, if any, in the county.

3. In Carson City, the commission must be composed of representatives selected by the Board of Supervisors as follows:

(a) Two members of the Board of Supervisors, one of whom must be designated by the commission to serve as chair of the commission.

(b) Three representatives of the city at large.

4. The first representatives must be selected within 30 days after passage of the ordinance creating the commission, and, except as otherwise provided in subsections 5, 6 and 7, must serve until the next ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance must be selected within 30 days after the first meeting of the governing body, and, except as otherwise provided in subsection 7, must serve until the next ensuing December 31 of an even-numbered year. Their successors must serve for terms of 2 years, and vacancies must be filled for the unexpired term.

5. In Carson City:

(a) One representative of the commission who is a member of the Board of Supervisors and one representative of the commission who is a representative of the city at large must serve until the next ensuing December 31 of an even-numbered year; and

(b) One representative of the commission who is a member of the Board of Supervisors and two representatives of the commission who are representatives of the city at large must serve until the next ensuing December 31 of an odd-numbered year.

6. In counties whose population is 100,000 or more, but less than 700,000:

(a) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an even-numbered year; and

(b) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an odd-numbered year.

7. In counties whose population is 700,000 or more, the first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd-numbered year.

(Added to NRS by 2009, 839; A 2011, 1172; 2017, 3139)

POWERS AND DUTIES

NRS 277A.200 Organization and meetings. The commission shall provide for its organization and meetings.

(Added to NRS by 2009, 840)

NRS 277A.210 Capacity to sue and be sued; budgets; bylaws and rules; plans for transportation; insurance against loss; perpetual succession.

1. A commission may:

(a) Sue and be sued.

(b) Prepare and approve budgets for the regional street and highway fund, the public transit fund and money it receives from any source.

(c) Adopt bylaws for the administration of its affairs and rules for the administration and operation of facilities under its control.

(d) Conduct studies, develop plans and conduct public hearings to establish and approve short-range and regional plans for transportation.

(e) Purchase insurance or establish a reserve or fund for self-insurance, or adopt any combination of these, to insure against loss by reason of:

(1) Damages resulting from fire, theft, accident or other casualty; or

(2) The commission’s liability for other damages to persons or property which occur in the construction or operation of facilities or equipment under its control or in the conduct of its activities.

2. A commission shall have a perpetual succession, subject to termination in accordance with statute.

(Added to NRS by 2009, 841; A 2017, 3140)

NRS 277A.220 Designation and duties as metropolitan planning organization.

1. A commission may be designated as a metropolitan planning organization pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

2. If a commission is designated as a metropolitan planning organization, the commission shall carry out the duties prescribed by federal law for a metropolitan planning organization in addition to any other duties required by specific statute.

(Added to NRS by 2009, 840)

NRS 277A.230 Powers regarding federal money and projects and public hearings; compliance with federal law.

1. In any county in which a commission has been created by ordinance, the commission may:

(a) Receive and disburse federal funds;

(b) Submit project applications and programs of projects to federal agencies;

(d) Conduct public hearings and certify that such hearings were conducted.

2. If a commission receives federal funds for any project, the commission shall comply with any applicable federal law in relation to providing goods or services related to such project.

(Added to NRS by 2009, 840)

NRS 277A.240 Creation of fund to match federal money; creation of fund for Complete Streets Program; acceptance of gifts and donations for Complete Streets Fund. The commission:

1. Except as otherwise provided in subsection 2, may establish a fund consisting of contributions from private sources, the State or the county and cities and towns within the jurisdiction of the commission for the purpose of matching federal money from any federal source.

2. Shall establish a fund consisting of distributions from the Department of Motor Vehicles pursuant to paragraph (a) of subsection 1 of NRS 482.1825, to be known as the Complete Streets Fund, for the purpose of:

(a) Executing projects as a part of a Complete Streets Program pursuant to NRS 277A.285; and

(b) Matching federal money from any federal source for the execution of projects as a part of a Complete Streets Program pursuant to NRS 277A.285.

3. May accept gifts and donations for deposit in the Complete Streets Fund.

(Added to NRS by 2009, 840; A 2013, 2818)

NRS 277A.250 Powers regarding property, eminent domain and adoption of regulations. A commission may:

1. Acquire and own both real and personal property.

2. Exercise the power of eminent domain, if the city or county which has jurisdiction over the property approves, for the acquisition, construction, repair or maintenance of public roads, or for any other purpose related to public mass transportation.

3. Sell, lease or convey or otherwise dispose of rights, interests or properties.

4. Adopt regulations for:

(a) Financing eligible activities; and

(b) The operation of systems or services provided by the commission.

(Added to NRS by 2009, 840)

NRS 277A.255 Disposal of real property and improvements acquired by exercise of power of eminent domain: Procedure; presumption; conveyance; reservation of easements, rights or interests.

1. Except as otherwise provided in NRS 37.270 and except as otherwise provided by federal law, all real property, interests therein or improvements thereon and personal property acquired by a commission pursuant to chapter 37 of NRS or purchased under the threat of eminent domain proceedings may, after approval by the commission and if no longer needed for reasonable public use, be disposed of in accordance with the provisions of subsection 2, except that:

(a) If the property was originally donated to the commission, no charge may be made if the property is returned to the original owner or to the holder of the reversionary right.

(b) If in the opinion of the commission, a sale by means of a public auction or sealed bids is uneconomical or impractical because:

(1) There is no access to the property;

(2) The property has value or an increased value only to a single adjoining property owner;

(3) Such a sale would work an undue hardship upon a property owner as a result of a severance of the property of that owner or a denial of access to a public street or highway; or

(4) The property is too small to establish an economically viable use by anyone other than an adjoining property owner,

Ê the commission may sell, lease, convey or otherwise dispose of the property for a reasonable price as determined by resolution to be in the best interest of the commission.

(c) When the property is sought by another public agency for a reasonable public use, the commission may first offer the property to the public agency at its fair market value pursuant to NRS 277.050.

2. All property, interests or improvements not included within the provisions of paragraph (a), (b) or (c) of subsection 1 must first be offered for sale by the commission singly or in combination at public auction or by sealed bids. If the highest bid received is 90 percent or more of the commission’s appraisal of the fair market value of the property, the property may be sold to the highest bidder. The notice and the terms of the sale must be published in a newspaper of general circulation in the county where the property is situated. The auction and opening of bids must be conducted by the commission. If the property cannot be sold for 90 percent or more of its fair market value, the commission may enter into a written listing agreement with a person licensed pursuant to chapter 645 of NRS to sell, lease, convey or otherwise dispose of the property for a reasonable price as determined by resolution to be in the best interest of the commission.

3. It is conclusively presumed in favor of the commission and any purchaser for value that the commission acted within its lawful authority in acquiring and disposing of the property, and executing any conveyance vesting title in the purchaser. All such conveyances must be quitclaim in nature, and the commission shall not warrant title, furnish title insurance or pay the tax on transfer of real property.

4. No person has a right of action against the commission or its employees for a violation of this section.

5. The commission may reserve and except easements, rights or interests from the conveyance of any real property disposed of in accordance with this section. The easements, rights or interests include, without limitation:

(a) Abutter’s rights of light, view or air.

(b) Easements of access to and from abutting land.

(c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.

(Added to NRS by 2019, 802)

1. A commission may:

(a) Provide for and maintain such security in operations as is necessary for the protection of persons and property under its jurisdiction and control.

(b) Employ professional, technical, clerical and other personnel necessary to carry out the provisions of this chapter.

(1) Pay or otherwise fails to pay the proper fare to ride on the public transit system established and operated by the commission; or

(2) Comply with a regional or statewide health and safety standard or mandate.

Ê If the commission establishes such fines, the commission may establish procedures that provide for the issuance and collection of the fines.

2. The commission or any person who contracts with the commission to operate the public transit system shall:

(a) Maintain, in accordance with all applicable provisions of state and federal law, any audio or video recording that:

(1) Is used as evidence in a disciplinary action involving an employee of any person who contracts with the commission to operate the public transit system; or

(2) Contains an incident on the public transit system that results in an injury to an employee of a person who contracts with the commission to operate the public transit system.

(b) Upon the request of an employee organization that is the exclusive bargaining agent of the employees of a person who contracts with the commission to operate the public transit system, provide the employee organization with any audio or video recording that:

(1) Is used as evidence in a disciplinary action involving an employee of any person who contracts with the commission to operate the public transit system; or

(2) Contains an incident on the public transit system that results in an injury to an employee of a person who contracts with the commission to operate the public transit system, provided that the commission and the person who contracts with the commission to operate the public transit system receive a written request by the employee organization for the audio or video recording within 10 calendar days of the incident.

(Added to NRS by 2009, 841; A 2023, 397)

NRS 277A.265 Creation, maintenance or display of comprehensive model or map of physical location of facilities of public utility, public water system or video service provider prohibited.

1. A commission shall not create, maintain or display a comprehensive model or map of the physical location of all or a substantial portion of the facilities of a public utility, public water system or video service provider.

2. The provisions of subsection 1 do not limit the authority of a commission to require a public utility, public water system or video service provider to provide information about the physical location of the facilities of the public utility, public water system or video service provider for the purpose of facilitating a project.

3. As used in this section:

(a) “Public utility” has the meaning ascribed to it in NRS 704.020.

(b) “Public water system” has the meaning ascribed to it in NRS 445A.235.

(Added to NRS by 2015, 3663)

1. A commission may:

(a) Operate a system of public transportation to the exclusion of any other publicly owned system of transportation within its area of jurisdiction.

(b) Use streets, roads, highways and other public rights-of-way for public transportation.

(c) Enter into agreements for the joint use of facilities, installations and properties and the joint exercise of statutory powers.

(d) Prohibit the use of any facility, installation or property owned, operated or leased by the commission, including, without limitation, a transit stop or bus turnout, by any person other than the commission or its agents.

(e) Enter into contracts, leases and agreements with and accept grants and loans from federal and state agencies, counties, cities, towns, other political subdivisions, public or private corporations and other persons, and may perform all acts necessary for the full exercise of the powers vested in the commission.

2. The powers and duties of a commission set forth in this chapter do not apply to any monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695.

3. As used in this section, “bus turnout” means a fixed area that is:

(a) Adjacent or appurtenant to, or within a reasonable proximity of, a public highway; and

(b) To be occupied exclusively by buses in receiving or discharging passengers.

(Added to NRS by 2009, 841)

1. A commission, a county whose population is less than 100,000 or a city within such a county may establish or operate a public transit system consisting of:

(a) Regular routes and fixed schedules to serve the public;

(b) Nonemergency medical transportation of persons to facilitate their participation in jobs and day training services as defined in NRS 435.176, if the transportation is available upon request and without regard to regular routes or fixed schedules;

(d) In a county whose population is less than 100,000 or a city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules; or

(e) The transporting of persons other than those specified in paragraph (b), (c) or (d) upon request without regard to regular routes or fixed schedules if the service is provided by microtransit.

2. A commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system.

3. In a county whose population is less than 700,000, such a system may also provide service which includes:

(a) Minor deviations from the regular routes and fixed schedules required by paragraph (a) of subsection 1 on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.

(b) The transporting of persons other than those specified in paragraph (b), (c) or (d) of subsection 1 upon request without regard to regular routes or fixed schedules, if the service is provided by a common motor carrier which has a certificate of public convenience and necessity issued by the Nevada Transportation Authority pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the Nevada Transportation Authority for a fully regulated carrier.

4. Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a commission may utilize a turnkey procurement process to select a person to design, build, operate and maintain, or any combination thereof, a fixed guideway system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a fixed guideway project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost-effective method of constructing the project on schedule and in satisfaction of its transportation objectives.

5. Notwithstanding the provisions of chapter 332 of NRS, a commission may utilize a competitive negotiation procurement process to procure rolling stock for a fixed guideway project, rolling stock for a public transit system, facilities and any other equipment that is related to public transportation. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.

6. If a commission develops a fixed guideway project, the Department of Transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.

7. As used in this section:

(a) “Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the Nevada Transportation Authority a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the Nevada Transportation Authority.

(b) “Microtransit” means transportation by a multipassenger vehicle that carries fewer passengers than the vehicles normally used on regular routes and is dispatched through a digital network or software application service.

(c) “Minimum operable segment” means the shortest portion of a fixed guideway system that is technically capable of providing viable public transportation between two end points.

(d) “Turnkey procurement” means a competitive procurement process by which a person is selected by a commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a fixed guideway system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.

(Added to NRS by 2009, 842; A 2009, 2239; 2011, 1173; 2019, 803; 2021, 1003)

NRS 277A.283 Powers regarding provision of freight rail service in relation to certain qualified projects approved by Office of Economic Development. [Effective through June 30, 2032.]

1. In a county in which a qualified project is located, the commission may acquire, construct, improve, maintain and operate or contract for the construction or operation of a project to provide freight rail service in relation to the qualified project.

2. To carry out a project described in subsection 1, the commission may:

(a) Enter into agreements with an agency of any state or political subdivision thereof, or the Federal Government;

(b) Receive and disburse funds from an agency of this State or any other source;

(c) In addition to the agreements authorized by paragraph (a), enter into rail access agreements, construction contracts, maintenance agreements and other similar agreements with any person authorizing or regulating use, operation, construction and maintenance of the freight rail service, including, without limitation, any arrangements for payment of fees or costs related to such use, operation and maintenance;

(d) Acquire real and personal property by purchase, lease, easement or other means appropriate to a freight rail service; and

(e) Adopt regulations governing the use, operation and maintenance of the freight rail service.

3. As used in this section, “qualified project” has the meaning ascribed to it in NRS 360.888 or 360.940.

(Added to NRS by 2015, 29th Special Session, 41)

NRS 277A.283 Powers regarding provision of freight rail service in relation to certain qualified projects approved by Office of Economic Development. [Effective July 1, 2032, through June 30, 2036.]

2. To carry out a project described in subsection 1, the commission may:

(a) Enter into agreements with an agency of any state or political subdivision thereof, or the Federal Government;

(b) Receive and disburse funds from an agency of this State or any other source;

(d) Acquire real and personal property by purchase, lease, easement or other means appropriate to a freight rail service; and

(e) Adopt regulations governing the use, operation and maintenance of the freight rail service.

3. As used in this section, “qualified project” has the meaning ascribed to it in NRS 360.940 or the former provisions of NRS 360.888 as those provisions existed on June 30, 2032.

(Added to NRS by 2015, 29th Special Session, 41, effective July 1, 2032)

NRS 277A.283 Powers regarding provision of freight rail service in relation to certain qualified projects approved by Office of Economic Development. [Effective July 1, 2036.]

2. To carry out a project described in subsection 1, the commission may:

(a) Enter into agreements with an agency of any state or political subdivision thereof, or the Federal Government;

(b) Receive and disburse funds from an agency of this State or any other source;

(d) Acquire real and personal property by purchase, lease, easement or other means appropriate to a freight rail service; and

(e) Adopt regulations governing the use, operation and maintenance of the freight rail service.

3. As used in this section, “qualified project” has the meaning ascribed to it in the former provisions of NRS 360.888 as those provisions existed on June 30, 2032, or the former provisions of NRS 360.940 as those provisions existed on June 30, 2036.

(Added to NRS by 2015, 29th Special Session, 41, effective July 1, 2036)

NRS 277A.285 Powers regarding Complete Streets Program.

1. A commission may adopt a policy for a Complete Streets Program and may plan and carry out projects as a part of a Complete Streets Program. To the extent practicable, the projects must integrate bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of roads.

2. Any money received by a commission pursuant to paragraph (a) of subsection 1 of NRS 482.1825 must be used solely for the execution of projects as a part of a Complete Streets Program.

3. A commission must not cause or allow any portion of the Complete Streets Fund created pursuant to NRS 277A.240 to be used for a purpose other than those set forth in this section.

4. As used in this section, “Complete Streets Program” means a program for the retrofitting of streets or highways that are under the jurisdiction of the commission for the primary purpose of adding or significantly repairing facilities which provide street or highway access considering all users of all ages and abilities, including, without limitation, pedestrians, bicycle riders, movers of commercial goods, persons with disabilities, vehicles for public transportation and their passengers, older adults, children and motorists. The term includes the operation of a public transit system as part of a Complete Streets Program, but the term does not include the purchase of vehicles or other hardware for a public transit system.

(Added to NRS by 2013, 2818; A 2021, 1050)

NRS 277A.290 Powers regarding parking facilities or parking spaces for general public and public employees.

1. A commission may construct, convert, improve, equip and maintain parking facilities or parking spaces for use by the general public and public employees. Such facilities or spaces must be owned and operated by the commission or its agents.

2. The commission may fix and charge reasonable fees for the use of any such parking facilities or spaces.

3. The commission may enter into a contract, lease or other arrangement to provide exclusive parking in designated spaces at any parking facility owned, leased or operated by the commission.

(Added to NRS by 2009, 844)

NRS 277A.300 Electrical and communication systems and related infrastructure: Construction, modification, operation and maintenance; repairing of damage.

1. Subject to the provisions of subsections 2, 4 and 5, the commission may construct, modify, operate and maintain electrical and communication systems, including, without limitation, traffic signalization or messaging systems, and related infrastructure that are necessary to carry out the commission’s duties set forth in this chapter within any public easement or right-of-way, including, without limitation, a public easement or right-of-way dedicated or restricted for use by any utility, if:

(a) The public easement or right-of-way is adjacent or appurtenant to or within a reasonable proximity of any public highway; and

(b) The electrical and communication systems and related infrastructure may be located safely within the public easement or right-of-way without damaging the facilities of other persons who are authorized to place their facilities within the public easement or right-of-way.

2. If the commission and the governmental entity that owns or controls a public easement or right-of-way execute an interlocal or cooperative agreement that authorizes the construction, installation, maintenance and use of the electrical and communication systems and related infrastructure within the public easement or right-of-way, the commission or any person authorized by the commission may construct or install any electrical and communication systems and related infrastructure within the public easement or right-of-way.

3. If the commission or any person authorized by the commission intends to construct or install any electrical or communication systems or related infrastructure within any public easement that is located within the common area or common elements of a common-interest community governed by an association, the commission shall:

(a) Provide the governing body of the association with written notice of the intent to construct or install the electrical or communication systems or related infrastructure within the public easement at least 30 days before such construction or installation begins; and

(b) Coordinate, to the extent practicable, with the governing body of the association to determine an appropriate location for the electrical or communication systems or related infrastructure within the public easement.

4. The commission may require any person who causes damage to an electrical or communication system or related infrastructure to:

(a) Reimburse the commission for the cost of repairing the damage to the electrical or communication system or related infrastructure; or

(b) Repair the damage to the electrical or communication system or related infrastructure to the satisfaction of the commission.

5. A commission that modifies, operates and maintains electrical and communication systems pursuant to this section is not a public utility and nothing in this section authorizes a commission to construct or maintain any telecommunications system, including, without limitation, a tower, pole or similar structure used to provide telecommunications services.

(Added to NRS by 2009, 845)

NRS 277A.310 Placement of street banners: Authority of commission; restrictions; fees.

1. A commission may authorize street banners to be placed within the jurisdiction of the commission:

(a) Along any public highway.

(b) Except as otherwise provided in subsections 2 and 3, on a facility owned or leased by the commission, the county or any participating city, or within any public easement or right-of-way, including, without limitation, a public easement or right-of-way dedicated or restricted for use by any utility, if:

(1) The facility, public easement or right-of-way is adjacent or appurtenant to or within a reasonable proximity of any public highway; and

(2) The street banners may be located safely on the facility or within the public easement or right-of-way without damaging the facilities of other persons who are authorized to place their facilities within the public easement or right-of-way.

2. If the commission and the governmental entity that owns or controls a facility, public easement or right-of-way execute an interlocal or cooperative agreement that authorizes the placement of street banners, the commission may place street banners on the facility or within the public easement or right-of-way.

3. If the commission or any person authorized by the commission intends to place any street banner within any public easement that is located within the common area or common elements of a common-interest community governed by an association, the commission shall:

(a) Provide the governing body of the association with written notice of the intent to place the street banner within the public easement at least 30 days before such placement; and

(b) Coordinate, to the extent practicable, with the governing body of the association to determine an appropriate location for the street banner within the public easement.

4. A commission may charge a fee to place a street banner. Any such fee collected by the commission must be paid to the governmental entity that owns or controls the facility, public easement or right-of-way where the street banner is placed. The governmental entity shall pay to the commission an administrative fee in an amount set forth in the agreement required pursuant to subsection 2. Any administrative fee paid to the commission pursuant to this subsection must be used by the commission to fund road improvement and maintenance.

(Added to NRS by 2009, 842)

NRS 277A.320 Counties whose population is 700,000 or more: Construction, installation and maintenance of vending facilities for passengers of public mass transportation.

1. In a county whose population is 700,000 or more, the commission may provide for the construction, installation and maintenance of vending facilities for passengers of public mass transportation in any building, terminal or parking facility owned, operated or leased by the commission.

2. The provisions of NRS 426.630 to 426.715, inclusive, apply to a vending facility constructed, installed or maintained pursuant to this section.

(Added to NRS by 2009, 844; A 2011, 1010, 1174; 2021, 849)

NRS 277A.330 Counties whose population is 700,000 or more: Construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation. In a county whose population is 700,000 or more:

1. The commission shall provide for the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation.

2. In carrying out its duties pursuant to subsection 1, the commission may displace or limit competition in the construction, installation and maintenance of such benches, shelters and transit stops. The commission may:

(a) Provide those services on an exclusive basis or adopt a regulatory scheme for controlling the provision of those services; or

(b) Grant an exclusive franchise to any person to provide those services.

3. Subject to the provisions of subsections 4 and 5, the commission or any person who is authorized by the commission to provide for the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation may locate such benches, shelters and transit stops within any public easement or right-of-way, including, without limitation, a public easement or right-of-way dedicated or restricted for use by any utility, if:

(a) The public easement or right-of-way is adjacent or appurtenant to or within a reasonable proximity of any public highway; and

(b) The benches, shelters and transit stops may be located safely within the public easement or right-of-way without damaging the facilities of other persons who are authorized to place their facilities within the public easement or right-of-way.

4. Before the commission or any person authorized by the commission may construct or install any benches, shelters and transit stops within any public easement or right-of-way, the commission and the governmental entity that owns or controls the public easement or right-of-way shall execute an interlocal or cooperative agreement that authorizes the construction, installation, maintenance and use of the benches, shelters and transit stops within the public easement or right-of-way.

5. If the commission or any person authorized by the commission intends to construct or install any benches, shelters or transit stops within any public easement that is located within the common area or common elements of a common-interest community governed by an association, the commission shall:

(a) Provide the governing body of the association with written notice of the intent to construct or install the benches, shelters or transit stops within the public easement at least 30 days before such construction or installation begins; and

(b) Coordinate, to the extent practicable, with the governing body of the association to determine an appropriate location for the benches, shelters or transit stops within the public easement.

6. The commission shall post on each bench, within each shelter and near each transit stop a notice that provides a telephone number that a person may use to report damage to the benches, shelters or transit stops.

7. No board, governing body or town board may:

(a) Provide for the construction, installation or maintenance of benches, shelters and transit stops for passengers of public mass transportation except with the approval of or at the request of the commission; or

(b) Adopt any ordinance, regulation or plan, enter into or approve any franchise, contract or agreement or take any other action that prohibits or unreasonably restricts the commission from providing for the construction, installation or maintenance of benches, shelters and transit stops for passengers of public mass transportation.

(Added to NRS by 2009, 844; A 2011, 1174)

1. In a county whose population is 700,000 or more, the commission shall establish and administer the Nevada Yellow Dot Program for the purpose of improving traffic safety.

2. The commission specified in subsection 1 shall coordinate with each commission in this State regarding the design, implementation and funding of the Program.

3. The Program must:

(a) Be available to any person in this State who wishes to participate in the Program by obtaining the materials described in paragraphs (b) and (c):

(1) At the main office or any branch office of each commission in this State;

(2) At the main office or any branch office of the Nevada Highway Patrol, the Department of Transportation or other location designated by the commission in a county whose population is 700,000 or more; or

(3) By mail, upon request.

(b) Provide to a participant a distinctive round yellow decal to be placed on a specified location of a vehicle in which the participant is regularly a driver or passenger, to notify first responders that important medical information concerning an occupant of the vehicle may be found in the glove compartment of the vehicle if the occupant is involved in a crash or other emergency.

(c) Provide to a participant a brightly colored and distinctively marked envelope and information card to be completed by the participant and kept in the glove box of a vehicle upon which the decal described in paragraph (b) has been affixed. The information card must include, without limitation, spaces for the participant to include:

(1) The participant’s name;

(2) A recent photograph of the participant;

(3) Emergency contact information;

(4) Any allergies or medical conditions of the participant;

(5) The name and contact information of the participant’s physician and a preferred hospital, if any; and

(6) Information, if any, regarding the participant’s health insurance.

4. In designing materials for the Program, the commission in a county whose population is 700,000 or more shall consider any materials used by similar programs in other states to ensure, to the extent practicable, uniformity with those materials.

5. In a county whose population is 700,000 or more, the commission shall establish and carry out a public information campaign to raise public awareness of the Program. In carrying out that campaign, that commission shall disseminate information concerning the Program to public safety agencies in this State.

6. In a county whose population is 700,000 or more, the commission may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the Program, including, without limitation, any private or corporate sponsorship for the Program.

7. A first responder is not liable for any civil damages as a result of any act or omission taken by the first responder relating to a crash or other emergency, not amounting to gross negligence, including, without limitation, failure to observe a decal, failure or inability to locate an information card, or reliance on incomplete, incorrect or outdated information on an information card.

8. As used in this section, “first responder” means any police, fire or emergency medical personnel acting in the normal course of duty.

(Added to NRS by 2015, 1395)

NRS 277A.350 Counties whose population is 700,000 or more: Cooperation and consultation with local air pollution control board regarding adoption or amendment of plan, policy or program.

1. In a county whose population is 700,000 or more, the commission shall cooperate with the local air pollution control board in the county in which it is located to:

(a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.

(b) Establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.

2. Before adopting or amending a plan, policy or program, the commission must consult with the local air pollution control board.

3. As used in this section, “local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

(Added to NRS by 2009, 848; A 2011, 1176; 2023, 631)

1. Except as otherwise provided in subsection 8, in a county whose population is 100,000 or more, the commission shall establish an advisory committee to:

(a) Provide information and advice to the commission concerning the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation in the county; and

(b) Perform, at the discretion of the commission, any other duties.

2. The commission shall appoint members to the advisory committee. The membership of the advisory committee must consist of:

(a) At least two members who:

(1) Are employees of the person who contracts with the commission to operate the public transit system in the county;

(2) Are not in a supervisory position; and

(3) Are recommended by the principal officers of the employee organization that represents such employees.

(b) At least one member of the general public.

3. Each member of the advisory committee serves a term of 1 year. A member may be reappointed for additional terms of 1 year in the same manner as the original appointment.

4. A vacancy occurring in the membership of the advisory committee must be filled in the same manner as the original appointment.

5. The advisory committee shall meet at least four times annually.

6. At its first meeting and annually thereafter, the advisory committee shall elect a chair and vice chair from among its members.

7. Each member of the advisory committee serves without compensation and is not entitled to receive a per diem allowance or travel expenses.

8. If a commission has established other committees, the commission may assign the duty of an advisory committee to provide information and advice to the commission concerning the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation in the county to another committee, provided that the membership of the other committee meets the requirements of paragraphs (a) and (b) of subsection 2.

(Added to NRS by 2009, 845; A 2011, 1176; 2023, 397)—(Substituted in revision for NRS 277A.340)

NRS 277A.360 Annual reports to Department by commissions in certain counties. In counties having a population of less than 100,000, the commission shall submit an annual report to the Department for the fiscal year showing the amount of receipts from the county fuel taxes imposed pursuant to chapter 373 of NRS and the nature of the expenditures for each project.

(Added to NRS by 2009, 848; A 2019, 1272)

NRS 277A.370 Agreements for exchange of cash flow based on price of fuel.

1. A commission that budgets $1,000,000 or more in any fiscal year for the purchase of fuel may enter into an agreement for an exchange of cash flow based on the price of fuel as provided in this section if it finds that such an agreement would be in the best interest of the commission.

2. A commission may only enter into an agreement to exchange cash flow payments based on the price of fuel only if:

(a) The long-term unsecured debt obligations of the person with whom the commission enters the agreement are rated “A” or better by a nationally recognized rating agency; or

(b) The obligations pursuant to the agreement of the person with whom the commission enters the agreement are guaranteed by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency.

3. A commission may agree, with respect to a fuel that the commission has budgeted to purchase in a fiscal year:

(a) To pay sums based on a fixed price or prices for that fuel, on an amount of the fuel that does not exceed the amount of the fuel that the commission expects to acquire over a period that is not more than 63 months from the date of the agreement, in exchange for an agreement by the other party to pay sums equal to a variable price for that fuel determined pursuant to a formula or price reference set forth in the agreement on the same amount of the fuel as the amount used in determining the sums payable by the commission;

(b) To pay sums based on a variable price or prices for that fuel determined pursuant to a formula or price reference set forth in the agreement, on an amount of fuel that does not exceed the amount of the fuel the commission expects it will acquire over the period that is not more than 63 months from the date of the agreement, in exchange for an agreement by the other party to pay sums equal to a fixed price or prices for that fuel on the same amount of fuel as the amount used in determining the sums payable by the commission; or

(c) To pay sums based on a variable price or prices for the fuel determined pursuant to a formula or price reference set forth in the agreement, on an amount of the fuel that does not exceed the amount of the fuel that the commission expects it will acquire over the period that is not more than 63 months from the date of the agreement, in exchange for an agreement by the other party to pay sums equal to a different variable price for that fuel determined pursuant to a formula or price reference set forth in the agreement on the same amount of the fuel as the amount used in determining the amount payable by the commission.

4. The payments to be made for any fiscal year must be based on the amounts of the fuel that the commission expects to buy or sell during that fiscal year and must be scheduled to be paid within an 18-month period that begins 3 months before and ends 3 months after the fiscal year.

5. A certification by the commission or its chief financial officer as to any determination made under this section or as to the amount of fuel that a commission expects to buy or sell during the term of an agreement entered into pursuant to this section, or during all or any part of any fiscal year that is wholly or partially included in the term of an agreement entered into pursuant to this section, is conclusive, absent fraud, for the purpose of determining whether the commission is authorized to enter into an agreement under this section.

6. The term of an agreement entered into pursuant to this section may not exceed 63 months.

7. An agreement entered into pursuant to this section is not:

(a) A debt or indebtedness of the commission for the purposes of any limitation upon the indebtedness of the commission or any requirement for an election with regard to the issuance of securities that is applicable to the commission.

(b) Subject to the limitations of subsection 1 of NRS 354.626.

8. A commission which has entered into an agreement pursuant to this section may use the price it pays or expects to pay for fuel after giving effect to the agreement for the purpose of calculating:

(a) Rates and charges of a revenue-producing enterprise whose revenues are pledged to or used to pay municipal securities;

(b) Statutory requirements concerning revenue coverage that are applicable to municipal securities; and

9. Subject to covenants applicable to municipal securities to which any revenues of the commission or county are pledged, any payments required to be made by the commission under an agreement may be made from money that could be used to pay for the fuel or from any other legally available source.

10. The powers granted by this section are in addition to all other powers of any commission, and nothing herein limits the exercise of a power a commission otherwise has.

(Added to NRS by 2009, 849)

NRS 277A.380 Exercise of additional powers. In addition to the general and special powers conferred by this chapter, a commission is authorized to exercise such powers as are necessary.

(Added to NRS by 2009, 850)

TRANSPORTATION PROJECTS AND HIGH-CAPACITY TRANSIT SYSTEMS IN CERTAIN COUNTIES

NRS 277A.400 “High-capacity transit” defined. As used in NRS 277A.400 to 277A.490, inclusive, “high-capacity transit” means a public transit system that may provide a higher level of passenger capacity by increasing, without limitation, the number of vehicles utilized by the system, the size of the vehicles, the frequency of vehicle rides, travel speed or any combination thereof, and that operates in conjunction with public transit stations. The term includes, without limitation, bus rapid transit, fixed guideway, light rail transit, commuter rail, streetcar and heavy rail.

(Added to NRS by 2017, 3135)

NRS 277A.410 Applicability. The provisions of NRS 277A.400 to 277A.490, inclusive, apply only to a commission in a county whose population is 700,000 or more.

(Added to NRS by 2017, 3135)

NRS 277A.420 Interpretation and construction. The provisions of NRS 277A.400 to 277A.490, inclusive, being necessary to secure and preserve the public health, safety, convenience and welfare, shall be so interpreted and liberally construed as to:

1. Make uniform so far as possible the laws and regulations of this State and other states and of the government of the United States having to do with the subject of transportation; and

2. Effect any other purpose and objective for which the provisions of NRS 277A.400 to 277A.490, inclusive, are intended.

(Added to NRS by 2017, 3135)

NRS 277A.430 Powers regarding transportation projects and high-capacity transit systems. A commission may:

1. Provide grants of money to conduct research for and otherwise develop and implement transportation projects that promote innovative transportation and transit technology, including, without limitation, automated driving systems as defined in NRS 482A.025.

2. Enter into agreements in accordance with 49 U.S.C. § 5315 and any guidelines adopted pursuant thereto.

3. Operate, develop and maintain a high-capacity transit system, to the exclusion of any other publicly owned system of transportation within its area of jurisdiction.

4. Construct high-capacity transit systems in the county or a city within the county which owns a public right-of-way if the county or city within the county approves of such construction.

5. Adopt regulations regarding:

(a) Unauthorized parking of vehicles at a transportation facility within the jurisdiction of the commission, including, without limitation, the imposition of a civil penalty for a violation of such regulations; and

(b) The imposition of fees for the use of the facilities or services of the commission and the use of such fees for the construction or operation of transportation facilities.

(Added to NRS by 2017, 3136)

NRS 277A.440 Agreements related to development of transportation project or high-capacity transit system.

1. Except as otherwise provided in subsection 2, before constructing a transportation project or high-capacity transit system, a commission shall enter into agreements with any county, city, town and other political subdivision to coordinate and collaborate on the development of the transportation project or high-capacity transit system, including, without limitation, the use of public rights-of-way and the sharing of costs related to such a project.

2. A commission may make changes to bus schedules and bus routes and relocate bus stops within the public right-of-way without executing an agreement pursuant to subsection 1.

(Added to NRS by 2017, 3136)

NRS 277A.450 Utilization of turnkey procurement and competitive negotiation procurement process.

1. Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a commission may utilize a turnkey procurement process to select a person to design, build, finance, operate and maintain, or any combination thereof, a high-capacity transit system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a high-capacity transit project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost-effective method of constructing the project on schedule and in satisfaction of its transportation objectives.

2. Notwithstanding the provisions of chapter 332 of NRS, a commission may utilize a competitive negotiation procurement process to procure rolling stock for a high-capacity transit project and any other equipment that is related to the project. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.

3. If a commission develops a high-capacity transit project, the Department of Transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway public transportation systems set forth in 49 C.F.R. Part 674.

4. As used in this section:

(a) “Minimum operable segment” means the shortest portion of a high-capacity transit system that is technically capable of providing viable public transportation between two end points.

(b) “Turnkey procurement” means a competitive procurement process by which a person is selected by a commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a high-capacity transit system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.

(Added to NRS by 2017, 3136; A 2023, 398)

NRS 277A.460 Creation of account for deposit of appropriations used to pay costs of transportation project. If a commission enters into an agreement with a county, city, town or other political subdivision to share costs relating to a transportation project pursuant to NRS 277A.440, the commission shall create an account administered by the commission and deposit into such account any money appropriated by each participating entity in accordance with the amounts established under the agreement. The money in the account, including any interest and income earned on the money in the account, must not be transferred to any other fund or account or used for any purpose other than the purposes set forth in the agreement entered into pursuant to NRS 277A.440.

(Added to NRS by 2017, 3137)

NRS 277A.470 Recommendations to board of county commissioners for imposition of tax; submission of question to voters.

1. Except as otherwise provided in subsection 4, a commission may:

(a) Prepare recommendations for the imposition of the tax described in NRS 277A.480 in the county to provide funding for the commission for the purposes set forth in NRS 277A.400 to 277A.490, inclusive. The recommendations must specify the proposed rate for the recommended tax, the period during which the recommended tax will be imposed and the type and location of the transportation projects the recommended tax will support.

(b) Submit the recommendations to the board of county commissioners.

2. Except as otherwise provided in subsection 5, upon the receipt of recommendations pursuant to subsection 1, the board of county commissioners may, at the next general election, submit a question to the voters of the county asking whether the recommended tax should be imposed in the county. The question submitted to the voters of the county must specify the proposed rate for the recommended tax, the period during which the recommended tax will be imposed, if the period was specified in the recommendations submitted pursuant to subsection 1, and the type and location of the transportation projects the recommended tax will support.

3. If a majority of the voters voting on the question submitted to the voters pursuant to subsection 2 vote affirmatively on the question:

(a) The board of county commissioners shall impose the recommended tax in accordance with the provisions of NRS 277A.480 at the rate specified in the question submitted to the voters pursuant to subsection 2.

(b) The tax must be imposed notwithstanding the provisions of any specific statute to the contrary and, except as otherwise specifically provided in this section and NRS 277A.480 and 277A.490, such tax is not subject to any limitations set forth in any statute which authorizes the board of county commissioners to impose such tax, including, without limitation, any limitations on the maximum rate which may be imposed or the duration of the period during which such tax may be imposed.

4. A commission may not prepare and submit recommendations to the board of county commissioners pursuant to subsection 1 on or after December 31, 2024.

5. A board of county commissioners may only use the authorization provided pursuant to subsection 2 to submit a question to the voters of the county one time, and only if the next general election at which the question is submitted to the voters is held not later than December 31, 2024.

(Added to NRS by 2017, 3137; A 2019, 445)

NRS 277A.480 Imposition of tax upon approval of voters. Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to NRS 277A.470 recommending the imposition of a tax on the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in the county, the board of county commissioners shall impose a tax by ordinance on the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in the county. The tax must be imposed throughout the county, including all cities within the county, upon all retailers in the business of selling tangible personal property. Any ordinance enacted under this subsection must include provisions in substance as follows:

1. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

2. A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the ordinance.

3. A provision that the county shall, before the effective date of the ordinance, contract with the Department to perform all functions incident to the administration or operation of the tax in the county.

4. A provision that a purchaser is entitled to a refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required to be paid that is attributable to the tax imposed upon the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before the date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.

(Added to NRS by 2017, 3138)

NRS 277A.490 Remittance and use of proceeds of tax. The proceeds of any tax imposed pursuant to NRS 277A.470 and 277A.480 must be remitted by the Department of Taxation to the commission for use in accordance with the provisions of NRS 277A.400 to 277A.490, inclusive.

(Added to NRS by 2017, 3138)