Sections 3-33 of this bill enact the La Posada Drive to USA Parkway Connection Toll Road Demonstration Project Act which: (1) authorizes the Regional Transportation Commission of Washoe County or any local government within Washoe County to establish a demonstration project for a toll road connecting the eastern terminus of La Posada Drive within the City of Sparks to the area in the vicinity of the intersection of State Route 439 and U.S. Interstate Highway 80; and (2) establishes various requirements for the demonstration project. Section 17: (1) authorizes the Commission or a local government within Washoe County to take certain actions with respect to the demonstration project; and (2) provides that the demonstration project must be and remain a public highway owned by the Commission or a local government within Washoe County. Section 17 deems State Route 445 and U.S. Interstate Highway 80 alternate routes to the toll road which do not require a user fee and which accommodate all classes of vehicles. Section 18 prohibits the Commission and the Department of Transportation from prohibiting or seeking a federal prohibition on the use of any classes of vehicles which are authorized to use State Route 445 and U.S. Interstate Highway 80. Section 19 authorizes the Commission or a local government within Washoe County to 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. Section 12 designates the Commission or a local government within Washoe County a “public partner” if the entity has entered into such a public-private partnership. Section 20 sets forth the requirements which must be satisfied to be eligible as a private partner in a public-private partnership to undertake work for the demonstration project. Section 21 provides for the confidentiality of certain information obtained by or disclosed to the Commission or local government during the procurement or negotiation of a public-private partnership. Section 22 establishes limits on the term of a public-private partnership and provides circumstances under which the term may be extended. Section 23 sets forth certain mandatory and optional provisions for inclusion in a public-private partnership. Section 24 requires a public partner to establish or include in the public-private partnership: (1) a schedule of user fees for the use of the demonstration project or a methodology for establishing such a schedule; and (2) administrative fines and other penalties for nonpayment of user fees. Section 24 sets forth certain exemptions from such user fees and authorizes a public partner to establish additional exemptions. Section 25 provides that registered owners are subject to administrative fines and penalties for failure to pay a required user fee. Sections 1 and 25 of this bill require the Department of Motor Vehicles to place a hold on the renewal of the registration of a motor vehicle if a public partner or a private partner files a notice with the Department of Motor Vehicles that the registered owner of the motor vehicle has failed to pay a required fee. Section 1 authorizes the Department to require a public partner or private partner to pay a fee for the creation, maintenance or revision of a record concerning such a notice. Section 25 authorizes the Department to impose an additional fee upon any person who applies for the renewal of the registration of a motor vehicle subject to a hold for nonpayment of a required fee. Section 26 requires that all money that is received and that is to be retained by a public partner 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 cost of administration, must be used exclusively for the construction, maintenance and repair of the public highways of this State. Section 26 also provides that the money must first be used to defray the obligation of a public partner under a public-private partnership, including, without limitation, the costs of administration, design, construction, operation, maintenance, financing and repair of the demonstration project. Section 27 sets forth the manner in which the demonstration project and any property improvement determined by a public partner to be necessary or desirable therefor may be financed. Section 28 grants a public partner the power to acquire, condemn or hold certain real property and appurtenances for the demonstration project and grant to a private partner a lease, easement, operating agreement, license, permit or right of entry for such real property and appurtenances. Sections 2 and 28 of this bill exempt such real property and appurtenances, or the use thereof, from all real property and ad valorem taxes. Section 29 provides that a private partner is exempt from any assessment on property which a public partner provides to the private partner pursuant to a public-private partnership and on which the demonstration project is located. Section 30 requires a private partner to use competitive bidding to award contracts for construction work on the demonstration project and to pay prevailing wages to workers engaged in construction on the demonstration project. Section 31 imposes on a private partner, the Commission and certain local governments in Washoe County certain duties relating to advertisements for requests by a private partner for bids for the performance of construction work for a public-private partnership. Section 32: (1) provides for the authorization of a private partner to remove encroachments or relocate a utility from the right-of-way of the demonstration project; (2) authorizes a public partner to incorporate resulting costs into a public-private partnership; and (3) prohibits the requirement that a utility pay any costs related thereto. Section 33 provides that, in the event of conflict with other statutory provisions governing the administration of highways in this State, the provisions of the Act control. Sections 5-16 define certain words and terms for the purposes of the Act.

Statutes affected:
As Introduced: 482.2805, 361.157
BDR: 482.2805, 361.157