28-7058. Privatization of rest areas; state certified rest area program; program termination; definitions

A. The department may:

1. Privatize any rest area constructed on or adjacent to state highways in this state on or after September 26, 2008. Any agreement between the department and a person for privatization under this section shall include a provision that:

(a) Prohibits the person from charging any fees for the use of a lavatory.

(b) Requires the person to provide an adequate outdoor picnic area to be available to the public at no charge.

2. Establish a state certified rest area program that meets the requirements established by the federal highway administration pursuant to Public Law 109-59, section 1310.

3. Contract with a third party or other government entity to certify and recertify rest areas for the state certified rest area program.

B. The state certified rest area program established pursuant to this section ends on July 1, 2027 pursuant to section 41-3102.

C. For the purposes of this section:

1. " Population" means the population determined in the most recent United States decennial census or in the most recent special census as provided in section 28-6532.

2. " State certified rest area" means a privately owned facility that is both of the following:

(a) Certified by this state or a third party to meet the requirements established by the federal highway administration pursuant to Public Law 109-59, section 1310 and at a minimum offers all of the following:

(i) Fuel and food to the public.

(ii) Twenty-four hour access to restrooms.

(iii) Parking for automobiles and heavy trucks.

(b) Located outside of the public right-of-way and outside of an urbanized area with a population of one hundred thousand or more persons.

3. " Urbanized area" means an urbanized area as defined in the decennial census by the United States bureau of the census.