AB 74 — Revises provisions relating to agreements entered into by public bodies. (BDR 34-377)

(ReprintedAssembly withBill amendmentsNo. adopted on April 13, 2023) FIRST REPRINT A.B.

7474–Committee Aon SSEMBLYEducation BCHAPTER.......... ILLN O.

74–COMMITTEEAN ONACT EDUCATION (O N BEHALF OF THE JOINT NTERIM S TANDING COMMITTEE ON EDUCATION ) PREFILED JANUARY 30, 2023 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to higherpublic education.bodies;

(BDR 34-377) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

AN ACT relating to higher education;

authorizing a public body to enter into a public-private partnership in connection with certain facilities;

(NRS 396.255) Existing law also authorizes certain faculty members of the System to bid or enter into a contract with a governmental agency if the contract complies with theExistingthe Existing law requires that mechanics and workers employed on certain public construction projects be paid at least the wage then prevailing for the type of work that the mechanic or worker performs in the region in which the public work is located.

(NRS 338.075) Section 1 of this bill authorizes the Board of Regents to enter into an agreement enhancewith ana educationalpublic program or studentprivate lifeentity, atwhether anfor institutionprofit withinor thenot System.ndfor profit, to promote and Section 1 requires that such an agreement include certain provisions, including,including,em. without limitation, a provision stating that the prevailing wage requirements apply to any construction work performed under the agreement.

Sectionwithout 2limitation, ofa thisprovision billstating establishes that anythe suchprevailing agreementwage isrequirements subjectapply to theany policiesconstruction establishedwork byperformed theunder - *AB74_R1* – 2 – Board of Regents governing contracts that faculty members and employees of the Systemagreement. may enter into or benefit from.

Section 2 of this bill establishes that any such agreement is subject to the policies established by the Board of Regents governing contracts that faculty members and employees of the System may enter into or benefit from.

Existing law provides, in any county whose population is 700,000 or more (currently Clark County), for the use of a public-private partnership to plan, (NRS 338.158-338.1602) Section 2.8 of this bill authorizes a public body to entery.

into a public-private partnership to plan, finance, design, construct, improve, maintain, operate or acquire a facility other than a transportation facility.

Sections 2.1-2.7 of this bill define terms related to such public-private partnerships.

Section 2.9 of this bill makes a conforming change to reflect that a public body may enter into a public-private partnership in connection with certain facilities.

- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;

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

(b) An allocation of any costs or profits that must be shared betweenbet(c) theIdentification entityof andshared thegoals institution;and responsibilities;

(c) Identification of shared goals and responsibilities;

2.1.

Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.2 to 2.8, inclusive, of this act.

Sec.

2.2.

As used in sections 2.2 to 2.8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2.3 to 2.7, inclusive, of this act have the meanings ascSec.

2.3.

“Concession” means any lease, ground lease, operating agreement or other binding agreement between a public - 82nd Session (2023) – 3 – body and a private partner for the use or control, in whole or in part, of a facility by a private partner.

Sec.

2.4.

“Facility” means any existing, enhanced, upgraded or new facility used or useful for the use of persons, including, demolition or remodeling necessary to complete any building,novation, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind and any other work or improvement appurtenant thereto.

The term:

1.

Includes related or ancillary facilities used or useful for any purpose of the facility, including, without limitation, administrative buildings, structures, parking facilities and other related equipment or property that is needed or used to support the facility.

2.

Does not include a transportation facility as that term is defined in NRS 338.1583.

Sec.