AB 190 — Revises provisions relating to certain construction. (BDR 28-637)

Existing law further prohibits a public body, with certain exceptions, from awarding a grant, tax abatement, tax credit or tax exemption that is conditioned upon a requirement thatthatax the awardee include in a contract for a project that is the subject of the grant, tax abatement, tax credit or tax exemption a term that:

or (2) discriminates adheringagainst ora refusingbidder, tocontractor adhereor to,subcontractor anyfor agreemententering with one or morenot laboringentering into, or organizations in regard to the project.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- *AB190_R1* – 4 – 1.

 The term includes, without limitation, benefits for a worker that are determined pursuant to a collective bargaining agreement and - 80th Session (2019) – 4 – included in the determination of the prevailing wage by the Labor Commissioner pursuant to NRS 338.030.

officers, agents or employees, hire, supervise and pay the wagesr thereof directly to a worker or workers employed by them on public wor[5.]works 6.he“Design-buildby contract”the meansday aand contractnot betweenunder a publiccontract body and a design-build team in whichwriting. the design-build team agrees to design and construct a public work.

[5.] 6.

“Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

[7.](a) 8.A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

“Design professional” means:

- *AB190_R1* – 5 – (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

- 80th Session (2019) – 5 – [8.] 9.

or (b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375contract pursuant to 338.139,NRS inclusive,338.1379 toor be338.1382.d qualified to bid on that contract[10.] pursuant11. to NRS 338.1379 or 338.1382.

“General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

of(a) NRS 624.215.engineering contracting, as described in subsection 2 (b) General buildingengineering contracting, as described in subsection 32 of NRS 624.215.

(b) General building contracting, as described in subsection 3 of NRS 624.215.

The term does not include vertical construction, the construction of any terminal or other buildingbuilding.of of an airport or airway, or the construction of any other[13.] building.14.

[13.]“Local 14.government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

“Local government” means every political subdivision or other entity which has the right to levy or receive - *AB190_R1* – 6 – money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

- 80th Session (2019) – 6 – (a) Failing to:

[15.] (b) Discharging an obligation to pay wages in a manner thattha16. violates the provisions of NRS 338.035.

16.

(c) Uses his or her own workforce to perform all or a part of the public work;

andorand her own workforce to perform all or a part of the (d) Contracts for the services of any subcontractor or contracted subcontractors or independent contractors.to any  The term includes, without limitation, a general contractor or a specialty contractor who is authorizedresponsible tofor bidpayment on a project pursuant to NRSany 338.139contracted subcontractors or 338.148.independent contractors.

 The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.

(c) Public roads;

- *AB190_R1* – 7 – (i) Public convention facilities which are financed at least in part with public money;

- 80th Session (2019) – 7 – (a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto;

“Subcontract” means a written contract entered into between:bet(a) A contractor and a subcontractor or supplier;

(a) A contractor and a subcontractor or supplier;

(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS;

and (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

[24.] 25.

“Wages” means:

“Worker” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the - *AB190_R1* – 8 – service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.

- 80th Session (2019) – 8 – Sec.

[In] Except as otherwise provided in NRS 338.035 and in addition to any other remedy or penalty provided in this chapter, if any person, including, without limitation, a public body, violates any provision of NRS 338.010 to 338.130, inclusive, or any regulation adopted pursuant thereto, the Labor Commissioner may, after providing the person with notice and an opportunity for a hearing,more imposethan against$5,000 thefor personeach ansuch administrativeviolation.inistrative penalty of not more3. than $5,000 for each such violation.

3.

338.018 The provisions of NRS 338.013 to 338.018, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $250,000 definedeven inif [subsectionthe 17construction of]work NRSdoes 338.010.lifynot qualify as a public work, as Sec.defined in [subsection 17 of] NRS 338.010.

Sec.

The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the Labor Commissioner the prevailing wage in the county in which the public work is to be performed for each craft or type of work.wor2.

2.

(c) Where no such rate can be determined, the prevailing wage for a craft or type of work will be determined as the average rate of - *AB190_R1* – 9 – wages paid per hour based on the number of hours worked per rate, to that craft or type of work.

- 80th Session (2019) – 9 – (d) The Labor Commissioner shall determine the prevailing wage to be 90 percent of the rate determined pursuant to paragraphs (a), (b) and (c) for:

and (2) A public work of, or constructed by, a school district or the Nevada System of Higher Education, or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property of or constructed by a school district or the NevadaNevadant System of Higher Education.

The Labor Commissioner shall hold a hearing in the locality in (a)which Isthe inwork doubtis as to be executed if the prevailingLabor wage;Commissioner:

or(a) Commissioner:Is in doubt as to the prevailing wage;

or (b) Receives an objection or information pursuant to subsection The3. Labor Commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any county.

 The Labor Commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any county.

Notice of the hearing must be advertised in a newspaper nearest to the locality of the work once a week for 2 weeks before the6.imeAt the timehearing, any public body, the crafts affiliated with the State Federation of Labor or other recognized national labor organizations, and the hearing.contractors of the locality or their representatives must be heard.

6.

At the hearing, any public body, the crafts affiliated with the State Federation of Labor or other recognized national labor organizations, and the contractors of the locality or their representatives must be heard.

(a) Include in his or her determination of that prevailing wage any compensation in addition to the basic hourly wage or benefit for the craft or type of work required to be provided by the collective bargaining agreement, including, without limitation, - *AB190_R1*80th Session (2019) – 10 – premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the agreement or on a weekend or holiday and zone pay.

(b) Issue an amendment to the determination of the prevailing wage for the craft or type of work if the collective bargaining agreement provides for an increase in the wage before the next determinationpursuant ofto thatsubsection prevailing2.vailing wage by the Labor Commissioner pursuant8. to subsection 2.

8.

(b) Is not to be awarded pursuant to a competitive bidding process, except as otherwise provided in this paragraph, the prevailing rate of wages in effect on the date on which the contractor for the contract is selected by the awarding body must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the contractor was selected, whichever is earlier.

If the contract is not entered into within 90 days after the date of the selection of the contractor, the prevailing rates of wages in effect on the date on which the contract is entered into must be paid until thethee date on completion or termination of the contract or for the 36 months immediately following the date on which the contract was entered into, whichever is earlier.

- 80th Session (2019) – 11 – (a) Except as otherwise provided in paragraph (b), the prevailing wages in effect on the last day of the 36-month period must be paid for the immediately following 36 months.

- *AB190_R1* – 11 – (b) If the prevailing wages in effect on the last day of the 36- month period are lower than the prevailing wages paid during that 36-month period under the contract, the prevailing wages paid during that 36-month period must be paid for the immediately following 36 months.

Nothing contained in NRS 338.020 to 338.090, inclusive, may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage forforrate any person employed upon any public work, or employed by any officer or agent of any public body.

A contractor or subcontractor may, pursuant to subsection 1, discharge any part of his or her obligation to pay wages in accordance with the determination of the Labor Commissioner only to the extent that the bona fide fringe benefits provided in the nam3.ofname A contractor or subcontractor who, pursuant to subsection 1, discharges any part of his or her obligation to pay wages in shall provide to the Laborworker Commissionerare andannualized. the public body that awarded the contract for the public work any information requested by the Labor Commissioner or the public body, as applicable, to verify compliance with this section.

3.

A contractor or subcontractor who, pursuant to subsection 1, discharges any part of his or her obligation to pay wages in shall provide to the Labor Commissioner and the public body that awarded the contract for the public work any information requested by the Labor Commissioner or the public body, as applicable, to verify compliance with this section.

(a) For the first violation, impose against the contractor or subcontractor an administrative penalty of not less than $20 nor more than $50 for each calendar day or portion thereof that each - 80th Session (2019) – 12 – worker employed on the public work is affected by the violation, up to a maximum of $2,500;

(b) For the second or any subsequent violation within 5 years after the date of imposition of an administrative penalty pursuant to paragraph (a), impose against the contractor or subcontractor an administrative penalty of not less $20 nor more than $50 for - *AB190_R1* – 12 – each calendar day or portion thereof that each worker employed on the public work is affected by the violation, up to a maximum of $5,000;

(c) Require the contractor or subcontractor to make the affected worker whole by paying to the worker as wages any amounts disallowed as bona fide fringe benefits in a manner prescribed by the Labor Commissioner;

ordetermined pursuant to a (b) Contributions made in the name of the worker by a contractor or subcontractor to a defined contribution plan to the extent that the amount contributed does not exceed 25 percent ofeof the hourly prevailing rate of wages for the worker on the public work.

- 80th Session (2019) – 13 – Sec.

(Deleted by amendment.) - *AB190_R1* – 13 – Sec.

Except as otherwise provided in subsection [4,] 5, any person, including the officers, agents or employees of a public body, who violates any provision of NRS 338.010 to 338.090,338.090,a public inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

If the Labor Commissioner finds that a person has failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay the actual costs incurred by the public body to investigate the matter.mat4.r.

The Labor Commissioner is not required to assess a person an amount equal to the difference between the prevailing wagessonwages required to be paid and the wages that the contractor or subcontractor actually paid if the contractor or subcontractor has already paid that amount to a worker pursuant to paragraph (c) ofsof subsection 4 of NRS 338.035.

- 80th Session (2019) – 14 – (b) NRS 338.143 to 338.148, inclusive;

Except as otherwise provided in this subsection, subsection [3] 4 and chapter 408 of NRS, the provisions of this chapter apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the - *AB190_R1* – 14 – Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive.

(b) “Reverse auction” means a process by which a bidder may submitbidding moreis thanat onea bidlower ifprice.each each subsequent response to online biddingSec. is at a lower price.

Sec.

shall,338.1908 by1. July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control those buildings, facilities and structures.

SuchThe governing body of each local government shall, by July 28, 2009, develop a plan must:serveto (a)retrofit Includepublic abuildings, listfacilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of specificrenewable projects.energy to serve those buildings, facilities and structures.

Such a plan must:

(a) Include a list of specific projects.

- 80th Session (2019) – 15 – (3) The effectiveness of the project in reducing energy consumption.

(II)by TheNRS 701B.350;he Renewable Energy School Pilot Program created (III) The Wind Energy Systems Demonstration Program created by NRS 701B.350;701B.580;

- *AB190_R1* – 15 – (III) The Wind Energy Systems Demonstration Program created by NRS 701B.580;

(a) “Local government” means each city or county that meets the definition of “eligible unit of local government” as set forth in 42 U.S.C.

§ 17151 and each unit of local government, as defined in [subsection 13 of] NRS 338.010, that does not meet the definition of “eligible entity” as set forth in 42 U.S.C.

§ 17151.17151.he definition of (b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(2) Fuel cells;

(6)(5) Wind.power;Waterpower;

and (6) TheWind. term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(c) “Retrofit”The meansterm todoes alter,not improve,include modify,coal, remodelnatural orgas, renovateoil, apropane building, facility or structureany toother makefossil thatfuel, building, facility or structurenuclear moreenergy. energy-efficient.

- 80th Session (2019) – 16 – (c) “Retrofit” means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

(b) Subject to the provisions of chapter 350 of NRS, issue revenue bonds of the county to acquire, lease, improve or equip, or any combination thereof, within the county a minor league baseball stadium project.

Bonds issued pursuant to this section must be payable from the proceeds of the fee imposed by the county pursuant to - *AB190_R1* – 16 – NRS 244A.810 and may be additionally secured by and payable from the gross or net revenues of the minor league baseball stadium project, including, without limitation, amounts received from any minor league baseball team pursuant to a contract with that team, fees, rates and charges for the use of the stadium by a minor league baseball team or any other uses of the stadium, and related uses, including, without limitation, parking and concessions, surcharges on tickets in an amount approved by the board, grants, whether conditional or unconditional, made for the payment of debt service or otherwise for the purposes of the minor league baseball stadium project, and any and all other sources of revenue attributable to the minor league baseball stadium project as provided by the board in the ordinance authorizing the issuance of bonds or any instrument supplemental or appertaining thereto.

3.apply to a contract entered into by a county and a private developer pursuant to which the private developer constructs a minor league baseball stadium project, except that the contract must include a provision stating that the requirements of NRS [338.010] 338.013 to 338.090, inclusive, apply to any construction work to be performed under the contract.

The provisionsboard, ofthe chaptersprivate 332,developer 338 and 339any ofcontractor NRS do not apply to a contract entered into by a county and asubcontractor privateon developer pursuant to which the private developer constructs a minor league baseball stadium project,project exceptshall thatcomply with the contractprovisions mustof includeNRS a338.013 provisionto stating338.090, thatinclusive, in the requirementssame ofmanner NRSas [338.010]if 338.013the toboard 338.090,had inclusive,undertaken applythe tominor anyleague constructionbaseball workstadium toproject beor performedhad underawarded the contract.

The- board,80th theSession private(2019) developer– and17 any– contractorSec. and subcontractor on the minor league baseball stadium project shall comply with the provisions of NRS 338.013 undertaken the minor league baseball stadium project or hadad awarded the contract.

244A.76311. NRS1.

NRS 244A.763 is hereby amended to read as follows:

244A.763 1.

No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 244A.669 to 244A.763, inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.

- *AB190_R1* – 17 – (b) That a project for the generation and transmission of electricity is subject to review and approval by the state regulatory agencies which have jurisdiction of the matters involved, including, without limitation, the Public Utilities Commission of Nevada, the State Environmental Commission and the State Department of Conservation and Natural Resources.

No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 244A.669 to 244A.763, inclusive, exc5.t aA project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this State or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the counties is not applicable to any action taken pursuant to NRS 244A.669 to 244A.763, inclusive, except asthat providedthe provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the county for work to be done in thosea sections.project.

5.The board of county commissioners, the lessee, - 80th Session (2019) – 18 – purchaser or obligor or designee thereof, any contractor who is awarded a contract or entered into an agreement to perform the construction, repair or reconstruction and any subcontractor who performs any portion of the construction, repair or reconstruction shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the board of county commissioners had undertaken the project or had awarded the contract.

A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this State or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the counties is not applicable to any action taken pursuant to NRS 244A.669 to 244A.763, inclusive, except that the provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the county for work to be purchaser or obligor or designee thereof, any contractor who ise, awarded a contract or entered into an agreement to perform the performs any portion of the construction, repair or reconstruction shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the board of county commissioners had undertaken the project or had awarded the contract.

Any bank or trust company located within or without this State may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 244A.669 to to bonds 244A.763, inclusive, without the necessity of associating with any other person or entity as cofiduciary except that such association is not prohibited.

No part of NRS 244A.669 to 244A.763, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that - *AB190_R1* – 18 – those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the actsactsproval, authorized in NRS 268.512 to 268.568, inclusive, to be done, including, without limitation, the charter of any city, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections.

- 80th Session (2019) – 19 – 4.

No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 268.512 to 268.568, inclusive, except of as provided in those sections.

public5. buildings, structures, ground works or improvementsing to imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the cities is not applicable to any action taken pursuant to NRS 268.512 to 268.568, inclusive, except that the provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the city for work to be done in a project.

TheA governingproject body,is thenot lessee,subject purchaserto orany obligorrequirements relating to public buildings, structures, ground works or designeeimprovements thereof,imposed by the statutes of this state or any contractorother whosimilar isrequirements awardedwhich amay contractbe orlawfully enterswaived intoby anthis agreementsection, toand performany the construction,procedure repairfor oraward reconstructionof incontracts afor projectsuch andpurpose anyor subcontractorthe wholease, performssale anyor portionother disposition of property of the construction,cities repairis ornot reconstructionapplicable into aany projectaction shalltaken complypursuant withto NRS 268.512 to 268.568, inclusive, except that the provisions of NRS [338.010] 338.013 to -338.090, *AB190_R1*inclusive, –apply 19to –any 338.090,contract inclusive,for innew theconstruction, samerepair manneror asreconstruction iffor thewhich governingtentative bodyapproval hadfor undertakenfinancing theis projectgranted on or hadafter awardedJanuary 1, 1992, by the contract.city for work to be done in a project.

The governing body, the lessee, purchaser or obligor or designee thereof, any contractor who is awarded a contract or enters into an agreement to perform the construction, repair or reconstruction in a project and any subcontractor who performs any portion of the construction, repair or reconstruction in a project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body had undertaken the project or had awarded the contract.

Notwithstanding the provisions of NRS 662.245 or any other specific statute to the contrary, any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 268.512forth toin 268.568,NRS inclusive,662.245.nclusive, without meeting the qualifications set forth7. in NRS 662.245.

7.

A governing body may adopt an ordinance pursuant to NRS 271.325 creating a district and ordering a project to - 80th Session (2019) – 20 – be acquired or improved and may contract with a person to construct or improve a project, issue bonds or otherwise finance the cost of the project and levy assessments, without complying with the provisions of NRS 271.305 to 271.320, inclusive, 271.330 to 271.345, inclusive, 271.380 and 271.385 and, except as otherwise provided in this section, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation,act,limitation, chapters 332, 338 and 339 of NRS, if the governing body has entered into a written agreement with the owners of all of the assessable property within the district which states that:

the (a) The governing body agrees to enter into a contract for the acquisition, construction or improvement of the project or projects in the district which includes:

(b) The owners of the assessable property agree that if the rate of interest on any assessment levied for the district is determined from time to time as provided in NRS 271.487, the owners will provide written notice to the governing body in a timely manner when a parcel of the assessable property in the district is sold to a - *AB190_R1* – 20 – person who intends to occupy a dwelling unit on the parcel as his or her residence.

(c) The owners of the assessable property agree that the governing body may create the district, levy the assessments and for all other purposes relating to the district proceed pursuant to the provisions of this section.

to the district proceed pursuant to the 2.

and - 80th Session (2019) – 21 – (2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.

(b) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to remove assessable property from the district.

(c) The governing body may adopt any ordinance pertaining to the district including the ordinance creating the district required by NRS 271.325, the ordinance authorizing interim warrants required by NRS 271.355, the ordinance levying assessments required by NRS 271.390, the ordinance authorizing bonds required by NRS 271.475 or any ordinance amending those ordinances after a single reading and without holding a hearing thereon, as if an emergency exists, upon an affirmative vote of not less than two-thirds of all voting members of the governing body, excluding from any computation any vacancy on the governing body and any members thereon who may vote to break a tie vote, and provide that the ordinances become effective at the time an emergency ordinance - *AB190_R1* – 21 – would have become effective.

(d) The governing body may provide for a reserve fund, letter of credit, surety bond or other collateral for payment of any interiminterimf warrants or bonds issued for the district and include all or any portion of the costs thereof in the amounts assessed against the property in the district and in the amount of bonds issued for the district.

- 80th Session (2019) – 22 – (b) Shall be deemed to have adopted the resolution required pursuant to the provisions of NRS 271.325 if the plans and specifications are sufficiently specific to allow a competent contractor with the assistance of a competent engineer to estimate the cost of constructing the project and to construct the project.

The governing body, the owners of the assessable property, any contractor who is awarded a contract or enters into an agreement to perform the construction work on a project pursuant to this section, and any subcontractor who performs any portion of theprovisions constructionof workNRS on338.013 theto project338.090, shallinclusive, complyin with the same manner as if the governing body had undertaken the project or had awarded the contract.

Before initiating the establishment of a district pursuant to this section, the governing body must request in writing and receive from each service provider that owns the overhead service facilities to be converted in the proposed improvement district a written estimate of the cost to convert those facilities to underground -of *AB190_R1*the –conversion 22to –the facilities.governing body not later than 120 days afterst the service provider receives the request from the governing body.

The service provider shall provide its estimate of the cost of the conversion to the governing body not later than 120 days after the service provider receives the request from the governing body.

- 80th Session (2019) – 23 – 5.

The governing body, the service provider, any to perform the construction work on an underground conversionent project, and any subcontractor who performs any portion of the construction work on an underground conversion project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body had undertaken the underground conversion project or had awarded the contract.

278C.240 The provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any construction work to be performed - *AB190_R1* – 23 – under any contract or other agreement related to an undertaking ordered by a governing body pursuant to this chapter.

The provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, - 80th Session (2019) – 24 – repair or reconstruction which is awarded on or after October 1, 1991, by an agency for work to be done in a project.

or (c) Provides financial incentives to a developer with a value of more than $100,000,  regardless of whether the project is publicly or privately owned, the agency must provide in the loan agreement with the small developmentowned, projectbusiness isor subject to the provisionsagreement ofwith NRS [338.010] the 338.013 to 338.090, inclusive, to the same extent as if the agency business or the developer, as applicable, anythat contractor who is awarded the contractdevelopment orproject entersis intosubject the agreement to perform the project, and any subcontractor who performs any portion of the project shall comply with the provisions of NRS [338.010] 338.013 to 338.090, inclusive, into the same mannerextent as if the agency had undertakenawarded the projectcontract orfor had awarded the contract.project.

The agency, the small business or the developer, as applicable, any contractor who is awarded the contract or enters into the agreement to perform the project, and any subcontractor who performs any portion of the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the agency had undertaken the project or had awarded the contract.

318.140acquiring Insanitary thesewer caseimprovements:t of a district created wholly or in part for acquiring1. sanitary sewer improvements:

1.

- *AB190_R1* – 24 – (a) Construct, reconstruct, improve or extend the sanitary sewer system or any part thereof, including, without limitation, mains, laterals, wyes, tees, meters and collection, treatment and disposal plants.

(c) Enter into and perform, without any election, contracts or agreements for a term not to exceed 50 years with any person or a public agency, to provide the services, equipment or supplies necessary or appropriate to conduct tests of the discharge of - 80th Session (2019) – 25 – pollutants into the state’s water and to report the results of those tests as required by chapter 445A of NRS or the regulations adopted thereunder.

If the developer does not pay all of the initial construction costs of the extension, the provisions of NRS 338.013 to 338.090, inclusive,inclusive,s of the apply to the contract.

The board, the developer, any contractor who is awarded a contract or enters into an agreement to perform the extension or installation of appurtenances to the extension, and any subcontractor who performs any portion of the extension or installation of appurtenances to the extension shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the board had undertaken the extension or had awarded the contract.

If the developer does not pay all of the initial construction costs of the facility, the provisions of NRS 338.013 to 338.090, inclusive, apply to the contract.

The board, the developer, any contractor who is awarded a contract or enters into an agreement to perform the construction of the facility, and any subcontractor who performs any portion of the construction of the - *AB190_R1* – 25 – facility shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the board had undertaken the construction or had awarded the contract.

If a performance contract entered into pursuant to NRS 332.300 to 332.440, inclusive, requires the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor to perform the performance contract, the performance contract must include a provision relating - 80th Session (2019) – 26 – to the prevailing wage as required pursuant to NRS [338.020] 338.013 to 338.090, inclusive.

Before a qualified service company enters into a performance contract pursuant to NRS 332.300 to 332.440, inclusive, that exceeds $100,000, the qualified service company must furnish to the contracting body any bonds required pursuant to NRS 339.025.

333A.120Sec. NRSIf a performance contract entered into pursuant to this chapter requires the employment of skilled mechanics, skilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS [338.020] 338.013 to 338.090, inclusive.

20.

NRS 333A.120 is hereby amended to read as follows:

333A.120 If a performance contract entered into pursuant to this chapter requires the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS [338.020] 338.013 to 338.090, inclusive.

349.670reference 1.to other statutes of the State, constitute full authority for the exercise of powers granted in those sections, including but not limited to the authorization and issuance of bonds.

NRS 349.400 to 349.670, inclusive, without reference to other statutes of the State, constitute full authority for the exercise of powers granted in those sections, including but not limited to the authorization and issuance of bonds.

No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts - *AB190_R1* – 26 – authorized in NRS 349.400 to 349.670, inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.

The provisions of no other law, either general or local, except as provided in NRS 349.400 to 349.670, inclusive, apply to the doing of the things authorized in those sections to be done, and - 80th Session (2019) – 27 – no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.

A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 349.400 to 349.670, inclusive, except that the provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the Director for work to be done in a project.

The Director, the lessee, purchaser, obligor or other enterprise, any contractor who is awarded a contract or enters into anrprise,an agreement to perform the construction, repair or reconstruction for a project, and any subcontractor who performs any portion of such construction, repair or reconstruction shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public body had undertaken the project or had awarded the contract.

6.inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.

The powers conferred by NRS 349.400 to 349.670, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.

- *AB190_R1* – 27 – 8.

The Director or a person designated by the Director may take any actions and execute and deliver any instruments, contracts, certificates and other documents, including the bonds, necessary or appropriate for the sale and issuance of the bonds or accomplishing - 80th Session (2019) – 28 – the purposes of NRS 349.400 to 349.670, inclusive, without the assistance or intervention of any other officer.

349.956 A water project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 349.935 to 349.961, inclusive,inclusive,ble to except that the provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the Director or a municipality for work to be done in a water project.

The Director or municipality, the lessee, purchaser or other obligor, any contractor who is awarded a contract or enters into an agreement to perform the construction, repair or reconstruction for a water project, and any subcontractor who performs any portion of such construction, repair or reconstruction shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public contract.undertakenbody had undertaken the water project or had awarded the Sec.contract.

Sec.

2.issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized by NRS 388A.550 to 388A.695, inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.

No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized by NRS 388A.550 to 388A.695, inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.

The provisions of no other law, either general or local, except as provided in NRS 388A.550 to 388A.695, inclusive, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of - *AB190_R1* – 28 – any of the acts authorized in those sections to be done, except as otherwise provided in those sections.

- 80th Session (2019) – 29 – 4.

A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this State or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 388A.550 to 388A.695, inclusive [.] , except that the provisions of NRS 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or afterafteror July 1, 2019, by the Director of the Department of Business and Industry.

Any bank or trust company located within or without this State may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 388A.550 to to bonds 388A.695, inclusive, without the necessity of associating with any prohibited.nother person or entity as cofiduciary, but such an association is not 6.prohibited.

The6. powers conferred by NRS 388A.550 to 388A.695, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect, the powers conferred by any other law.

7.The powers conferred by NRS 388A.550 to 388A.695, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not7.ffeNo part of NRS 388A.550 to 388A.695, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

No part of NRS 388A.550 to 388A.695, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

- *AB190_R1*80th Session (2019) – 2930 – Sec.

2.the relative weight to each factor for selecting a design-build teamg pursuant to subsection 1, the Department shall assign, without limitation, a relative weight of 5 percent to the design-build team’s possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design- build team, if the design-build team submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117, and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team, and a relative weight of at least 30 percent for the proposed cost of design and construction of the project.

ExceptIf asany otherwisefederal providedstatute inor thisregulation subsection,precludes in assigning the relativegranting weightof tofederal eachassistance factoror forreduces selecting a design-build team pursuant to subsection 1, the Departmentamount shallof assign,that withoutassistance limitation,for a relativeparticular weightproject because of 5 percent to the design-buildprovisions team’s possession of boththis asubsection certificaterelating of eligibility to receive a preference in bidding on public works byor the prime contractor on the design- build team, if the design-build team submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117, and a certificate of eligibility to receive a preference when competing for public worksworks, bythose allprovisions persons who hold a certificate of registrationthis tosubsection practicedo architecturenot orapply ainsofar license as atheir professionalapplication engineerwould onpreclude theor design-buildreduce team,federal andassistance a relative weight of at least 30 percent for thethat proposed cost of design and construction of the project.

Ifto anythis federalsection statutemust orbe regulationprepared precludesthoroughly, thebe grantingresponsive ofto federalthet projectcriteria becausethat of the provisionsDepartment ofwill thisuse subsection relating to aarselect preferencea indesign-build biddingteam onto publicdesign worksand orconstruct athe preferenceproject whendescribed notin applysubsection insofar1 asand theircomply applicationwith wouldthe precludeprovisions orof reduceNRS do338.141. federal assistance for that project.

3.

A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the Department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141.

If the Department determines that no final proposal received is cost-effective or responsive and the Department further - 80th Session (2019) – 31 – determines that requesting best and final offers pursuant to this subsection will likely result in the submission of a satisfactory offer, - *AB190_R1* – 30 – the Department may prepare and provide to each finalist a request for best and final offers for the project.

A request for best and final offers prepared pursuant to this subsection must set forth the date by which best and final offers must be submitted to the Department.

AfterAfterwhich receiving the best and final offers, the Department shall:

The amount of reimbursement must not exceed, for theeach design-buildunsuccessful teamfinalist, as3 setpercent forthof in the design-buildtotal contract.paidamount to (c)be Makepaid available to the publicdesign-build ateam summaryas settingset forth thein team and the ranking of the design-build teamscontract. who submitted finalld proposals and, if applicable, best and final offers.

(c) Make available to the public a summary setting forth the factors used by the Department to select the successful design-build proposals and, if applicable, best and final offers.

- 80th Session (2019) – 32 – (2) An amount that is the maximum amount that the Department will pay for the performance of the professional services required by the contract;

- *AB190_R1* – 31 – 8.

The Department, the design-build team, any contractor who is awarded a contract or enters into an agreement to perform work on the project, and any subcontractor who performs work on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the Department had undertaken the project or had awarded the contract.contract.partment had 9.

9.

NRS[1.] 543.360;Complies(a) Complies with the requirements of subsection 1 of [2.]NRS[2.] (b) Clearly sets forth the computation of the construction cos[3.]costs, (c)and Containsincludes athe provisionterms statingand thatconditions the requirements of NRS [338.010] 338.013 to 338.090, inclusive, apply to any construction work performed pursuant to the contract.contract;

and [3.] (c) Contains a provision stating that the requirements of NRS [338.010] 338.013 to 338.090, inclusive, apply to any construction work performed pursuant to the contract.

- 80th Session (2019) – 33 – Sec.

The public body, the utility, any contractor who is awarded a contract or entered into an agreement - *AB190_R1* – 32 – to perform the installation and any subcontractor who performs any portion of the installation shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if thethes of public body had undertaken the installation or had awarded the contract.

The public body, the utility, any contractor who is awarded a contract or entered into an agreement to perform the installation and any subcontractor who performs any portion of the installation shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the public body had undertaken the installation or had awarded theethe contract.

the2. installation of a wind energy system on property owned org to occupied by a public body may not be used to reduce the cost of the project to an amount which would exempt the project from the requirements of NRS [338.020] 338.013 to 338.090, inclusive.

The amount of any incentive issued by a utility relating to the installation of a wind energy system on property owned or occupied by a public body may not be used to reduce the cost of the project to an amount which would exempt the project from the requirements of NRS [338.020] 338.013 to 338.090, inclusive.

- 80th Session (2019) – 34 – Sec.

Except as otherwise determined by the Board or provided in subsection 2, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, acquisition, works or improvements, including, without limitation, the provisions ofcontract chaptersentered 332,into 338by andthe 339Board ofif NRS,the doBoard:y not apply to any contract(a) enteredComplies intowith by the Boardprovisions ifof thesubsection Board:3;

- *AB190_R1* – 33 – (a) Complies with the provisions of subsection 3;

and (b) If the contract is with a design professional who is not a member of a design-build team, comply with the provisions of NRS 338.155.

As used in this paragraph, “design“designrovisions professional” has the meaning ascribed to it in [subsection 7 of] NRS 338.010.

For contracts entered into pursuant to this section that are exempt from the provisions of chapters 332, 338 and 339 of NRS pursuant to subsection 1, the Board shall adoptdadopt 339 regulations pursuant to subsection [4] 5 which establish:

(a) One or more competitive procurement processes for letting such a contract;

andveand procurement processes for (b) A method by which a bid on such a contract will be adjusted to give a 5 percent preference to a contractor who would qualify for a preference pursuant to NRS 338.147, if:

- 80th Session (2019) – 35 – (1) The estimated cost of the contract exceeds $250,000;

The Board, any contractor who is awarded a contract or enters into an agreement to perform the construction work, and any subcontractor who performs any portion of the construction work shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the Board had undertaken the construction work or had awarded the contract.

(a) Shall, before adopting, amending or repealing a permanent or temporary regulation pursuant to subsection 3, - *AB190_R1* – 34 – give at least 30 days’ notice of its intended action.

(2) State each address at which the text of the proposedpropose(3) regulationBe maymailed to all persons who have requested in writing that they be inspectedplaced andupon copied.a mailing list, which must be kept by the Authority for that purpose.

(3) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Authority for that purpose.

(c) Shall, in addition to distributing the notice to each recipient of the Board’s regulations, solicit commenttocomment each generally from the public and from businesses to be affected by (d) Shall, before conducting a workshop pursuant to paragraph (g), determine whether the proposed regulationregulation. is likely to impose a direct and significant economic burden upon a small business or directly restrict the formation, operation or expansion of a small business.

(d) Shall, before conducting a workshop pursuant to paragraph (g), determine whether the proposed regulation is - 80th Session (2019) – 36 – likely to impose a direct and significant economic burden upon a small business or directly restrict the formation, operation or expansion of a small business.

(2) Consider methods to reduce the impact of the proposedpropose(3) regulationPrepare ona small businesses.business impact statement and make copies of the statement available to the public at the workshop conducted pursuant to paragraph (g) and the public hearing held pursuant to paragraph (h).

(3)(e) PrepareShall ensure that a small business impact statement andprepared makepursuant copies of the statement available to thesubparagraph public(3) atof the workshop conducted pursuant to paragraph (g)(d) andsets forth the publicfollowing hearinginformation: held pursuant to paragraph (h).

- *AB190_R1* – 35 – (e) Shall ensure that a small business impact statement prepared pursuant to subparagraph (3) of paragraph (d) sets forth the following information:

(3) A description of the methods that the Board considered to reduce the impact of the proposed regulation on small businesses and a statement regarding whether the Board actuallyactuall(4) usedThe anyestimated cost to the Board for enforcement of thosethe methods.proposed regulation.

(4) The estimated cost to the Board for enforcement of the proposed regulation.

(f) Shall afford a reasonable opportunity for all interested persons to submit data, views or arguments upon the proposed regulation, orally or in writing.

upon the (g) Shall, before holding a public hearing pursuant to commentshparagraph (hfrom(h), interestedeaspersonsconduct onat theleast one workshop to sproposedsolicit comments from interested persons on the proposed regulation.

Not less than 15 days before the workshop, the - 80th Session (2019) – 37 – Board shall provide notice of the time and place set for the workshop:

(h) Shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the Board may proceed immediately to act upon any written submissions.

(i) Shall keep, retain and make available for public inspection written minutes of each public hearing held - *AB190_R1* – 36 – pursuant to paragraph (h) in the manner provided in subsections 1 and 2 of NRS 241.035.

(1) The Board failed to prepare a small business impact statement as required pursuant to subparagraph (3) of paragraph (d);

ororas required pursuant to subparagraph (3) of (2) The small business impact statement prepared by the Board did not consider or significantly underestimated the economic effect of the regulation on small businesses.

to[5.] this6. section are conclusive unless it is shown that the Board acted with fraud or a gross abuse of discretion.

sectionThe 4determinations ofmade thisby act,the applyBoard pursuant to anythis ratessection ofare prevailingconclusive wagesunless determinedit byis theshown Laborthat Commissionerthe pursuantBoard toacted thatwith sectionfraud on or aftera Julygross 1,abuse 2019.of discretion.

- 80th Session (2019) – 38 – Sec.

29.

The provisions of NRS 338.030, as amended by section 4 of this act, apply to any rates of prevailing wages determined by the Labor Commissioner pursuant to that section on or after July 1, 2019.

(a)NRS “Public338.010.ic body” has the meaning ascribed to it in (b) “Public work” has the meaning ascribed to it in NRS 338.010.

(b) “Public work” has the meaning ascribed to it in NRS 338.010.

-~~~~~ *AB190_R1*19 –- 3780th –Session TEXT(2019) OF REPEALED SECTION 338.1405 Requirements regarding agreements with labor organizations prohibited;

exceptions.

of this section prohibiting requirements for certain terms in contracts entered into by a public body for a public work or entered into by the awardee of a grant, tax abatement, tax credit or tax exemption from a public body are:

(a) Intended to provide:

(1) More economical, nondiscriminatory, neutral and efficient contracts for public works by public bodies in this State as market participants;

and (2) Fair and open competition in awarding contracts, grants, tax abatements, tax credits and tax exemptions.

(b) The best method for effectuating the intent of paragraph (a).

body, in any advertisement, solicitation, specification, contract or any other document related to a contract for a public work, shall not:

(a) Require or prohibit an eligible bidder, contractor or subcontractor from entering into or adhering to an agreement with one or more labor organizations in regard to the public work or any construction project integrated into the public work.

(b) Discriminate against an eligible bidder, contractor or subcontractor for becoming or remaining or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with one or more labor organizations in regard to the public work or any construction project integrated into the public wor3.

Except as otherwise provided in subsection 5 or 6, a public body shall not award a grant, tax abatement, tax credit or tax exemption that is conditioned upon a requirement that the awardee include a term described in paragraph (a) or (b) of subsection 2 in a contract for any construction, improvement, maintenance or renovation to real property that is the subject of the grant, tax abatement, tax credit or tax exemption.

4.

The provisions of subsections 2 and 3 do not:

(a) Prohibit a public body from awarding a contract for a public work or a grant, tax abatement, tax credit or tax exemption to an owner who is not a public body, an eligible bidder, a contractor or a - *AB190_R1* – 38 – subcontractor who enters into, who is a party to or who adheres to an agre(1) Entering into, being or becoming a party to or adhering to an agreement with a labor organization is not a condition for awarding the contract, grant, tax abatement, tax credit or tax exemption;

and (2) The public body does not discriminate against an owner who is not a public body, an eligible bidder, a contractor or a subcontractor in the awarding of the contract, grant, tax abatement, tax credit or tax exemption based upon the status of entering into, being or becoming a party to or adhering to an agreement with a labor organization;

(b) Prohibit an eligible bidder, contractor or subcontractor from into with one or more labor organizations in regard to a contract:

(1) With a public body for a public work;

or (2) Funded in whole or in part by a grant, tax abatement, tax credit or tax exemption from a public body;

(c) Prohibit employers or other parties from entering into agreements or engaging in any other activity protected by the Labor Management Relations Act of 1947, 29 U.S.C.

§§ 151 et seq.;

(d) Interfere with labor relations of parties that are left unregulated by the Labor Management Relations Act of 1947, 29 U.S.C.

§§ 151 et seq.;

or (e) Affect any provision of NRS 338.020 to 338.090, inclusive.

grant, tax abatement, tax credit or tax exemption from the provisions of subsection 2 if the public body makes a finding, after notice and a hearing, that a special circumstance requires such an exemption to avert an imminent threat to the public health or safety.

A finding of a special circumstance pursuant to this subsection must not be based on the possibility or presence of a labor dispute concerning:

(a) The use of a contractor or subcontractor who is not a signatory to or does not adhere to an agreement with one or more labor organizations;

or (b) Employees on the public work who are not members of or affiliated with a labor organization.

grant, tax abatement, tax credit or tax exemption from the provisions of subsection 2 if the public body makes a finding, after notice and a hearing, that the public work or construction, improvement, maintenance or renovation to real property that is the subject of the grant, tax abatement, tax credit or tax exemption, as applicable, is a part of critical infrastructure for:

- *AB190_R1* – 39 – air traffic control tower or project to improve airport security;

or (b) A water system.

7.

As used in this section, “labor organization” means any organization of any kind, or any agency or employee representation for the purpose, in whole or in part, of dealing with employerssts concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.

H - *AB190_R1*