[Rev. 11/21/2013 10:32:35 AM--2013]

CHAPTER 277B - INLAND PORT AUTHORITY ACT

GENERAL PROVISIONS

NRS 277B.010        Short title.

NRS 277B.020        Definitions.

NRS 277B.030        “Authority” defined.

NRS 277B.040        “Board” defined.

NRS 277B.050        “Inland port” defined.

NRS 277B.060        “Office” defined.

NRS 277B.070        “Participating entity” defined.

NRS 277B.100        Legislative findings and declarations.

NRS 277B.110        Construction of chapter.

CREATION OF PORTS AND AUTHORITIES; WITHDRAWAL FROM AND DISSOLUTION OF AUTHORITIES

NRS 277B.150        Creation: Requirements concerning boundaries.

NRS 277B.160        Creation: Application; approval.

NRS 277B.170        Creation: Public hearings after approval; notice.

NRS 277B.180        Creation: Ordinance.

NRS 277B.190        Withdrawal; dissolution.

BOARD OF DIRECTORS OF AUTHORITY

NRS 277B.200        Governance of authority; membership; appointment; terms; reappointment; vacancies.

NRS 277B.210        Officers; per diem and travel expenses.

NRS 277B.220        Meetings: Quorum; compliance with Open Meeting Law.

POWERS AND DUTIES OF AUTHORITIES

NRS 277B.300        Joint acts.

NRS 277B.310        Agreements: Generally.

NRS 277B.320        Certain agreement authorized; uses and alterations of transportation routes and utilities; certain acts regarding highways, railroads or airports or in violation of federal requirements prohibited.

NRS 277B.330        Purchase of insurance.

NRS 277B.340        Marketing, advertisement and promotion of use of inland port.

NRS 277B.350        Compensation for use of facilities of authority; acceptance of funding, grants and donations.

NRS 277B.360        Reporting to Office of Economic Development.

NRS 277B.370        No power of eminent domain.

NRS 277B.380        No power to provide or duplicate certain services.

NRS 277B.390        No power to develop, operate or maintain toll road.

MISCELLANEOUS PROVISIONS

NRS 277B.400        Venue for actions against authority.

NRS 277B.410        Conveyance of real property rights by governmental entity to authority.

_________

GENERAL PROVISIONS

      NRS 277B.010  Short title.  This chapter may be known and cited as the Inland Port Authority Act.

      (Added to NRS by 2011, 745)

      NRS 277B.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 277B.030 to 277B.070, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 745)

      NRS 277B.030  “Authority” defined.  “Authority” means an inland port authority created pursuant to this chapter.

      (Added to NRS by 2011, 745)

      NRS 277B.040  “Board” defined.  “Board” means the board of directors of an authority.

      (Added to NRS by 2011, 745)

      NRS 277B.050  “Inland port” defined.  “Inland port” means an area located away from traditional borders but having direct access to highway, railway and air transport facilities and, if applicable, intermodal facilities.

      (Added to NRS by 2011, 745)

      NRS 277B.060  “Office” defined.  “Office” means the Office of Economic Development created by NRS 231.043.

      (Added to NRS by 2011, 745)

      NRS 277B.070  “Participating entity” defined.  “Participating entity” means the board of county commissioners of a county or the governing body of an incorporated city.

      (Added to NRS by 2011, 745)

      NRS 277B.100  Legislative findings and declarations.  The Legislature hereby finds and declares that the creation of an inland port:

      1.  Is essential to:

      (a) Develop and diversify the economy of the State;

      (b) Provide employment opportunities for Nevadans; and

      (c) Develop and expand transportation and commerce in this State.

      2.  Will facilitate commerce and economic development in this State through:

      (a) Strategic investment in multimodal transportation assets; and

      (b) Comprehensive planning, development, management and operation of facilities and supporting infrastructure for transportation, commercial processing and domestic and international trade.

      (Added to NRS by 2011, 745)

      NRS 277B.110  Construction of chapter.  This chapter shall be liberally construed in order to facilitate economic development, trade and commerce in the State of Nevada.

      (Added to NRS by 2011, 750)

CREATION OF PORTS AND AUTHORITIES; WITHDRAWAL FROM AND DISSOLUTION OF AUTHORITIES

      NRS 277B.150  Creation: Requirements concerning boundaries.

      1.  Subject to the requirements set forth in NRS 277B.150 to 277B.180, inclusive, an inland port may be created only in a contiguous area that:

      (a) Includes at least two of the following:

             (1) A municipally owned airport with a runway of at least 4,500 feet.

             (2) A portion of a highway that is part of the National Highway System.

             (3) Operating assets of at least one Class I railroad as classified by the Surface Transportation Board.

      (b) Does not include any residential property.

      2.  All areas within the boundaries of an inland port must be within the boundaries of the county or counties and incorporated city or cities, as applicable, of the one or more participating entities which apply to the Office pursuant to NRS 277B.160 for the creation of the inland port.

      3.  If the boundaries of an inland port will include a municipally owned airport as described in subparagraph (1) of paragraph (a) of subsection 1:

      (a) The municipality that owns and operates the airport must be a participating entity; or

      (b) If the municipality that owns and operates the airport is not a participating entity, the municipality, by ordinance, must approve of the inclusion of the airport within the boundaries of the inland port.

      (Added to NRS by 2011, 746)

      NRS 277B.160  Creation: Application; approval.

      1.  One or more participating entities may apply to the Office to create, operate and maintain an inland port and authority.

      2.  A participating entity is eligible to apply to the Office pursuant to subsection 1 if the county or incorporated city, as applicable, of the participating entity is located in whole or in part within the proposed boundaries of the inland port.

      3.  The Office may approve the creation of an inland port and authority if the Office determines that the proposed inland port and authority will serve the economic interests of this State.

      (Added to NRS by 2011, 746; A 2013, 404)

      NRS 277B.170  Creation: Public hearings after approval; notice.

      1.  If the Office approves the creation of an inland port and authority pursuant to NRS 277B.160, each participating entity shall hold at least two public hearings to discuss the creation of the inland port and authority.

      2.  The participating entity shall give notice of the hearing by publication in a newspaper published in the county not later than 7 days before the hearing. The notice must include, without limitation:

      (a) The date, time and place for the hearing;

      (b) The boundaries of the proposed inland port, including, without limitation, a map of the proposed inland port; and

      (c) The powers of the proposed authority.

      (Added to NRS by 2011, 746)

      NRS 277B.180  Creation: Ordinance.  If a participating entity obtains approval of the Office for the creation of an inland port and authority pursuant to NRS 277B.160, the participating entity shall create the inland port and authority by ordinance. The ordinance must include, without limitation:

      1.  A description of the boundaries of the inland port;

      2.  The location of the principal office of the authority;

      3.  The name of the inland port and authority; and

      4.  The number of directors who will compose the board of the authority pursuant to NRS 277B.200.

      (Added to NRS by 2011, 746)

      NRS 277B.190  Withdrawal; dissolution.

      1.  If a participating entity wishes to withdraw from an authority with regard to which there is more than one participating entity, the participating entity shall:

      (a) Adopt an ordinance providing for the withdrawal;

      (b) Obtain approval from the board; and

      (c) Give notice to the other participating entity or entities of its intent to withdraw,

Ê at least 6 months before the date on which the withdrawal would be effective.

      2.  Upon the withdrawal of a participating entity from the authority pursuant to subsection 1:

      (a) The boundaries of the inland port must be adjusted by the other participating entity or entities to comply with the provisions of NRS 277B.150; or

      (b) The authority must be dissolved pursuant to subsection 3 as soon as practicable.

      3.  An authority is dissolved if:

      (a) The dissolution is approved by the board;

      (b) Each participating entity agrees to the dissolution;

      (c) All debts and other liabilities of the authority have been paid or discharged, or adequate provision has been made for the payment of all debts and other liabilities;

      (d) There are no suits pending against the authority, or adequate provision has been made for the satisfaction of any judgment, order or decree that may be entered against the authority in any pending suit; and

      (e) The authority has a commitment from another governmental entity to assume jurisdiction of all property of the authority.

      (Added to NRS by 2011, 749)

BOARD OF DIRECTORS OF AUTHORITY

      NRS 277B.200  Governance of authority; membership; appointment; terms; reappointment; vacancies.

      1.  An authority must be governed by a board of directors with an odd-numbered membership set by the participating entity or entities. If there is more than one participating entity, the membership of the board of directors must be agreed to by all of the participating entities. The board of directors must be composed of:

      (a) One director appointed by each county that is a participating entity, if any;

      (b) One director appointed by each city that is a participating entity, if any;

      (c) If the authority includes a municipally owned airport described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 277B.150, one director appointed by:

             (1) In a county whose population is 700,000 or more, the department of aviation of the county; or

             (2) In a county whose population is less than 700,000, the governing body of the airport authority, if any, and if there is not an airport authority, by the governing body of the municipality which owns the airport; and

      (d) Any other directors appointed in accordance with this section and as provided in an ordinance adopted by a participating entity pursuant to NRS 277B.180.

      2.  A director must reside within the boundaries of the participating entity that appoints him or her.

      3.  The following persons are not eligible to be appointed to a board:

      (a) An elected official of any governmental entity.

      (b) An employee of a participating entity.

      4.  Except as otherwise provided in this section, the directors described in subsection 1 must be appointed to terms of 4 years. The terms must be staggered in such a manner that, to the extent possible, the terms of one-half of the directors will expire every 2 years. The initial directors of the authority shall, at the first meeting of the board after their appointment, draw lots to determine which directors will initially serve terms of 2 years and which will serve terms of 4 years. A director may be reappointed.

      5.  A vacancy occurring during the term of a director must be filled by the appointing participating entity for the unexpired term as soon as is reasonably practicable.

      (Added to NRS by 2011, 747)

      NRS 277B.210  Officers; per diem and travel expenses.

      1.  The board shall annually elect a chair and vice chair. The vice chair presides in the absence of the chair.

      2.  The board may elect any other officers that it considers appropriate.

      3.  Each director serves without compensation and, while engaged in the business of the board, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      (Added to NRS by 2011, 747)

      NRS 277B.220  Meetings: Quorum; compliance with Open Meeting Law.

      1.  A majority of the board constitutes a quorum for the transaction of business. If a vacancy exists on the board, a majority of directors serving on the board constitutes a quorum.

      2.  All meetings of an authority must be conducted in accordance with the provisions of chapter 241 of NRS.

      (Added to NRS by 2011, 748)

POWERS AND DUTIES OF AUTHORITIES

      NRS 277B.300  Joint acts.  An authority may act jointly with any other person, private or public, inside or outside this State or the United States, in the performance of any power or duty under this chapter.

      (Added to NRS by 2011, 748)

      NRS 277B.310  Agreements: Generally.  An authority may enter into an agreement with any person, including, without limitation, the United States or any other governmental entity, for any purpose of the authority.

      (Added to NRS by 2011, 748)

      NRS 277B.320  Certain agreement authorized; uses and alterations of transportation routes and utilities; certain acts regarding highways, railroads or airports or in violation of federal requirements prohibited.

      1.  An authority may enter into an agreement that provides for the lease of rights-of-way, the granting of easements or the issuance of franchises, concessions, licenses or permits.

      2.  Except as otherwise provided in subsections 3, 4 and 5, with the consent of any county, city or other governmental entity, an authority may:

      (a) Use streets, alleys, roads, highways and other public ways of the county, city or other governmental entity; and

      (b) Relocate, raise, reroute, change the grade of or alter, at the expense of the authority:

             (1) A street, alley, highway, road or railroad;

             (2) Electric lines and facilities;

             (3) Telegraph and telephone properties and facilities;

             (4) Pipelines and facilities;

             (5) Conduits and facilities; and

             (6) Other property,

Ê as necessary or useful in the construction, reconstruction, repair, maintenance and operation of the inland port.

      3.  An authority may not alter:

      (a) A highway that is part of the state highway system without the consent of the Department of Transportation.

      (b) A railroad without the consent of the railroad company.

      (c) A municipally owned airport.

      4.  If an inland port includes a municipally owned airport:

      (a) An authority may not interfere with or exercise any control over commercial air transportation operations or airlines that operate at the airport; and

      (b) The airport authority, department of aviation or other existing governing body that owns or manages the airport retains such ownership or management control.

      5.  Nothing in this section authorizes an authority to perform any action in violation of any requirement of federal law or condition to the receipt of federal money.

      (Added to NRS by 2011, 748)

      NRS 277B.330  Purchase of insurance.  An authority may purchase and pay premiums for insurance of any type in an amount considered necessary or advisable by the board.

      (Added to NRS by 2011, 749)

      NRS 277B.340  Marketing, advertisement and promotion of use of inland port.  An authority may market, advertise and promote the use of the inland port that the authority constructs, owns, operates, regulates or maintains.

      (Added to NRS by 2011, 749)

      NRS 277B.350  Compensation for use of facilities of authority; acceptance of funding, grants and donations.

      1.  An authority shall establish and maintain rates, rentals, fees, charges or other compensation that is commercially reasonable and nondiscriminatory for the use of the facilities owned, constructed, operated, regulated or maintained by the authority.

      2.  An authority may accept any public or private funding, grant or donation.

      (Added to NRS by 2011, 749)

      NRS 277B.360  Reporting to Office of Economic Development.  At the request of the Office, an authority shall report to the Office on all issues and activities necessary for the administration of the authority as well as issues and activities pertaining to compliance with any rules or regulations set forth by the Office for the creation, operation or maintenance of inland ports pursuant to NRS 231.075.

      (Added to NRS by 2011, 749)

      NRS 277B.370  No power of eminent domain.  An authority may not exercise the power of eminent domain.

      (Added to NRS by 2011, 748)

      NRS 277B.380  No power to provide or duplicate certain services.  An authority may not provide retail utility services or duplicate a service or facility of another governmental entity.

      (Added to NRS by 2011, 748)

      NRS 277B.390  No power to develop, operate or maintain toll road.  Notwithstanding any provision of this chapter to the contrary, an authority may not develop, operate or maintain a toll road.

      (Added to NRS by 2011, 749)

MISCELLANEOUS PROVISIONS

      NRS 277B.400  Venue for actions against authority.  An action against an authority must be brought in the county in which the principal office of the authority is located.

      (Added to NRS by 2011, 749)

      NRS 277B.410  Conveyance of real property rights by governmental entity to authority.  The governing body of a county, city or other governmental entity may convey title or rights and easements to any real property to an authority to effect any purpose of the authority.

      (Added to NRS by 2011, 748)