A. The department may:

1. 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:

   1. (a) Prohibits the person from charging any fees for the use of a lavatory.
   2. (b) Requires the person to provide an adequate outdoor picnic area to be available to the public at no charge.
2. 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. 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. 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. 2. "State certified rest area" means a privately owned facility that is both of the following:

   1. (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:

      1. (i) Fuel and food to the public.
      2. (ii) Twenty-four hour access to restrooms.
      3. (iii) Parking for automobiles and heavy trucks.
   2. (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. 3. "Urbanized area" means an urbanized area as defined in the decennial census by the United States bureau of the census.