[Rev. 11/21/2013 10:32:23 AM--2013]

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.

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. [Effective until the earlier of October 1, 2015, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]

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. [Effective on the earlier of October 1, 2015, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]

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

NRS 277A.260        Security in operations; employment of personnel; establishment of fines.

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.285        Powers regarding Complete Streets Program. [Effective on the earlier of October 1, 2015, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]

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 stands 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.

NRS 277A.345        Counties whose population is 700,000 or more: Establishment of regional rapid transit authority; development of plan for establishment of regional rapid transit system by authority.

NRS 277A.350        Cooperation with local air pollution control board and regional planning coalition in certain counties; prerequisites to adoption or amendment of plan, policy or program.

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.

_________

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 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 from among their members:

      (a) Two by the board.

      (b) Two by the governing body of the largest city in the county.

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

      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.

      (c) If the county contains only one city:

             (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)

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.  A commission may:

      1.  Sue and be sued.

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

      3.  Adopt bylaws for the administration of its affairs and rules for the administration and operation of facilities under its control.

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

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

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

      (b) 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.

      (Added to NRS by 2009, 841)

      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;

      (c) Enter into formal agreements concerning projects with federal agencies; and

      (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. [Effective until the earlier of October 1, 2015, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]  The commission 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.

      (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. [Effective on the earlier of October 1, 2015, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]  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, effective on the earlier of October 1, 2015, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page 2812)

      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.260  Security in operations; employment of personnel; establishment of fines.  A commission may:

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

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

      3.  Establish a fine for a passenger who refuses to pay or otherwise fails to pay the proper fare to ride on the public transit system established and operated by the commission. If the commission establishes such a fine, the commission may establish procedures that provide for the issuance and collection of the fine.

      (Added to NRS by 2009, 841)

      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.

      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)

      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.

      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;

      (c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; or

      (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.

      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) “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.

      (c) “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)

      NRS 277A.285  Powers regarding Complete Streets Program. [Effective on the earlier of October 1, 2015, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page 2812.]

      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.

      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, including, without limitation, pedestrians, bicycle riders, persons with a disability, persons who use public transportation 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, effective on the earlier of October 1, 2015, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 472, Statutes of Nevada 2013, at page 2812)

      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 stands 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 stands 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 426.720, inclusive, apply to a vending stand constructed, installed or maintained pursuant to this section.

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

      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)

      NRS 277A.340  Counties whose population is 700,000 or more: Advisory committee concerning construction, installation and maintenance of benches, shelters and transit stops.

      1.  In a county whose population is 700,000 or more, the commission shall establish 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. The membership of the advisory committee must consist of:

      (a) Two members of the general public from each city within the county who are appointed by the governing body of that city; and

      (b) Six members of the general public appointed by the commission.

      2.  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.

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

      4.  The advisory committee shall meet at least six times annually.

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

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

      (Added to NRS by 2009, 845; A 2011, 1176)

      NRS 277A.345  Counties whose population is 700,000 or more: Establishment of regional rapid transit authority; development of plan for establishment of regional rapid transit system by authority.

      1.  In a county whose population is 700,000 or more, the commission shall establish a regional rapid transit authority. The membership of the regional rapid transit authority must consist of:

      (a) The general manager of the commission, who shall act as chair of the authority;

      (b) One member appointed by the board of county commissioners;

      (c) Three members, one from each of the three largest cities within the county, who are appointed by the respective governing bodies of each city;

      (d) One member selected by the association of gaming establishments whose membership collectively paid the most gaming license fees to the State pursuant to NRS 463.370 in the county in the preceding year;

      (e) One member who is selected by the economic development authority in the county;

      (f) One member selected by the Department of Transportation; and

      (g) One member who has expertise in urban planning and design or architecture selected by the Nevada Arts Council.

      2.  The regional rapid transit authority shall develop a plan for the establishment of a regional rapid transit system:

      (a) In cooperation with economic development, engineering, planning, tourism and utility interests in the county; and

      (b) With the goal of quantifying the implications of introducing an exclusive rapid transit system in identified corridors in the county.

      3.  In carrying out its duties pursuant to subsection 2, the regional rapid transit authority shall:

      (a) Hold public meetings to, without limitation:

             (1) Evaluate the need for and desirability of a regional rapid transit system;

             (2) Assess corridor and route feasibility and desirability; and

             (3) Review existing mass transit options to determine how to incorporate such options into a regional rapid transit system;

      (b) Undertake an analysis of various considerations involved with introducing and implementing a regional rapid transit system in the county, including, without limitation:

             (1) An assessment of the available rapid transit technologies, including, without limitation, technologies that use solar power or other renewable energy sources to minimize or eliminate the use of carbon-based fuels;

             (2) An assessment of the opportunities, costs and constraints of corridor options, including, without limitation:

                   (I) An examination and evaluation of existing rail corridors and transit routes for inclusion in the regional rapid transit system;

                   (II) An evaluation of potential sites for stations and facilities for the regional rapid transit system; and

                   (III) Identification of locations in the county that would benefit most from proximity to a regional rapid transit system, including, without limitation, airports and existing or proposed special event venues such as stadiums and racetracks;

             (3) Estimates as to capital and operating costs;

             (4) An assessment of potential ridership and passenger demand;

             (5) An assessment of the environmental impact;

             (6) A potential project schedule; and

             (7) An assessment of financing options and funding sources, including, without limitation:

                   (I) Processes for securing federal funding; and

                   (II) The potential for voter approval for bonds to support any portion of the regional rapid transit system.

      4.  On or before February 1 of each year, the regional rapid transit authority shall submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committee or committees of the Legislature. The report must set forth, without limitation:

      (a) The activities and meetings of the authority;

      (b) Any findings made by the authority regarding the analysis required by subsection 3; and

      (c) The plan or current draft of the plan developed by the authority pursuant to subsection 2.

      (Added to NRS by 2011, 2461)

      NRS 277A.350  Cooperation with local air pollution control board and regional planning coalition in certain counties; prerequisites to 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 and the regional planning coalition 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:

      (a) Consult with the local air pollution control board and the regional planning coalition; and

      (b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:

             (1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional planning coalition; and

             (2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.

      3.  As used in this section:

      (a) “Local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

      (b) “Regional planning coalition” has the meaning ascribed to it in NRS 278.0172.

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

      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 motor vehicle fuel tax imposed pursuant to chapter 373 of NRS and the nature of the expenditures for each project.

      (Added to NRS by 2009, 848)

      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

      (c) Any other amounts which are based upon the amounts to be paid for fuel.

      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)