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