SB 298 — Revises provisions relating to inland ports. (BDR 22-536)

(Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT S.B.

298 SENATES ENATE BILL NON .O.

298–SENATOR KIECKHEFERK IECKHEFER M ARCH 22, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to inland ports.

requiring the Office of Economic Development within the Office of the Governor to conduct an interim study concerning the viability of and funding options associated with developing inland ports in certain areas in this State;

The Inland Port Authority Act governs the creation, operation and maintenance ofis defined in existing law as an inlandarea portlocated away from traditional borders butrt having direct access to highway, railway and inlandair porttransport authority.facilities and, if applicable, intermodal facilities.

(Chapter(NRS 277B277B.050) ofIn NRS) An inland port is defined in existing law as an area located away from traditional borders but having direct access to highway, railway and air transport facilities and, if appIn addition to requiring the inclusion of certain highway, railway and air transport facilities in the area in which an inland port is created, existing law requires that the area be contiguous and prohibits the inclusion of residential property in the area.

(NRS 277B.150) Section 6 of this bill removes thetheidential requirement of contiguity and the prohibition against the inclusion of residential property in the area.

Existing law authorizes, upon application to and approval by the Office of Economic Development within the Office of the Governor, the creation, operation and maintenance of an inland port and inland port authority by one or more boards of county commissioners of counties or one or more governing bodies of incorporated cities, or both.

Section 13 of this bill makes a conforming change as a result of the authorizationexpansion to approve applications to create, operate and maintain an inland port and inland port authority specifically to the Executive Director of the Officepotential ofapplicants. Economic Development.

Section 7 of this bill also provides the - *SB298_R1* – 2 – authorization to approve applications to create, operate and maintain an inland port and inland port authority specifically to the Executive Director of the Office of Economic Development.

Section 3 of this bill also requires - *SB298* – 2 – the Executive Director to adopt certain regulations concerning the creation, operationopeUpon and maintenance of inland ports and inland port authorities, Upon approval, existing law requires the creation of an inland port by ordinance and prescribes the contents of the ordinance.

(NRS 277B.180) Section 8 of this bill additionally authorizes the creation of an inland port by resolution, rule, order or other means prescribed by regulations adopted by the Executive Director pursuant to section 3 and requires that those regulations prescribe the contents of those methods of creation.creation, with certain required elements.

Existing law requires an authority to be governed by a board of directors and prescribesto itsadopt membership.a code of bylaws for the governance and management of the authority.oard Existing law sets forth powers and duties of an inland port authority.

(NRS 277B.200)277B.300-277B.390) SectionSections 910 of this bill removes specific requirements concerning the membership of a board and instead12 requires the appointment of thethis membersbill ofrevise thethese boardpowers of directors of the inland port authority to be made in accordance with regulations adopted by the Executive Director pursuant governance and managementduties ofby: the authority;

and(1) (2)specifically withauthorizing certainan exceptions,inland forport theauthority providesto thatenter meetingsinto ofan aagreement boardwith area notregional subjectdevelopment toauthority; the Open Meeting Law.

Sectionand 15(2) ofrequiring thisan billinland makesport aauthority conformingto changesubmit related to thean exemptionannual ofreport theto meetings of a board from the OpenExecutive MeetingDirector. Law.

ExistingSection 14 of this bill requires the Executive Director to perform any duties prescribed by law setsrelating forthto powersinland of existing law to address changes made by sections 7, 8 and duties9.ves certain provisions Section 15.5 of anthis bill requires the Office of Economic Development to conduct a study during the 2021-2022 interim concerning the viability of and funding options associated with developing inland portports authority.in each megapolitan area identified in Nevada’s Plan for Recovery and Resilience (SRI International, at page 26 (December 2020)), which was prepared for the Office, and report the results of such a study to the 82nd Session of the Nevada Legislature.

(NRS 277B.300-277B.390) Sections 10-12 of this bill revise these powers and duties by:

(1) specifically authorizing an inland port authority to enter into an agreement with to approve certain agreements at a public meeting held in compliance with thehority Open Meeting Law;

and (3) requiring an inland port authority to submit to an annual report to the Executive Director.

Section 14 of this bill requires the Executive Director to perform any duties prescribed pursuant to chapter 277B of NRS.

Section 16 of this bill removes certain provisions of existing law to address changes made by sections 7, 8 and 9.

Such criteria must include, without limitation, a requirement that, if the boundaries of an inland port include a municipally owned airport as described in paragraph (a) of subsection 1 of NRS 277B.150, the municipality that owns and operates the airport must be included in the application to create, operate and maintain the inland port and authority submitted pursuant to NRS 277B.160.

- *SB298_R1* – 3 – (c) Prescribing the manner in which an inland port and authority may be created, which must include, without limitation, creation by ordinance, resolution, rule or order,order. and the required contents thereof.

(d) Prescribing requirements regarding the compositionrequired andcontents appointment of aan board,ordinance, whichresolution, must,rule, withoutorder limitation,or prohibitother -means *SB298*authorized –to 3create – an electedinland officialport ofand anyauthority, governmentalwhich entitymust frominclude, servingwithout aslimitation: a member of a board.

(1) A description of the boundaries of the inland port;

(2) The location of the principal office of the authority;

(3) The name of the inland port and authority;

and (4) The number of directors who will compose the board.

[All areas within the boundaries of an inland port must be within the boundaries of the county or counties and incorporated city or cities, as applicable, of the one or more participating entities - *SB298_R1* – 4 – which apply to the Office pursuant to NRS 277B.160 for the creation of the inland port.

or - *SB298* – 4 – (b) If the municipality that owns and operates the airport is not a participating entity, the municipality, by ordinance, must approve of the inclusion of the airport within the boundaries of the inland port.] may:

- *SB298_R1* – 5 – 3.

- *SB298* – 5 – Sec.

An authority must be governed by a board .of directors with an odd-numbered membership set by the [participating entity or entities.

[ofIf directors.there is more than one participating entity, the membership of the board of directors must be agreed to by all of the participating entities.] applicant that created the inland port and authority pursuant to NRS 277B.180.

with an odd-numbered membership set by the participating entity or entities.

If there is more than one participating entity, the membership of] 2.

As soon as reasonably practicable after an authority is created pursuant to NRS 277B.180, the members of the board must be appointed in accordance with the requirements prescribed by the regulations adopted pursuant to section 3 of this act.

3.

As soon as reasonably practicable after the members of a board have been appointed pursuant to subsection 2, the board [of directors must be agreed to by all of the participating entities.