Assembly Bill No. 285–Committee on Natural Resources, Agriculture, and Mining
(On Behalf of Environmental Improvement Program of
the Tahoe Regional Planning Agency)
February 19, 1999
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Referred to Concurrent Committees on Natural Resources,
Agriculture, and Mining and Ways and Means
SUMMARY—Establishes program to protect Lake Tahoe Basin. (BDR S-459)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between bracketsWhereas, In 1997, the Federal Government, the States of Nevada and
California, the Tahoe Regional Planning Agency, local governments of the
States of Nevada and California and many other interested parties held a
series of meetings which are referred to collectively as the Presidential
Forum; and
Whereas, The meetings culminated in July 1997, with visits to Lake
Tahoe from the President and Vice President of the United States and with
the release of a Presidential Executive Order to protect the unique and
irreplaceable natural, recreational and ecological resources in the Lake
Tahoe Basin; and
Whereas, In October 1997, Governor Bob Miller, on behalf of the
State of Nevada, signed a Memorandum of Agreement between the Federal
Interagency Partnership on the Lake Tahoe Ecosystem, the States of
Nevada and California, the Washoe Tribe, the Tahoe Regional Planning
Agency and interested local governments, in which the parties affirmed
their commitment to the Tahoe Regional Planning Compact, to the sound
management and protection of the resources within the Lake Tahoe Basin
and the support of a healthy, sustainable economy and to achieve
environmental thresholds for Lake Tahoe, and agreed to cooperate to carry
out, including, without limitation, providing money for, the Environmental
Improvement Program; and
Whereas, The costs of carrying out the Environmental Improvement
Program have been apportioned between the Federal Government, the
States of Nevada and California, local governments and private property
owners within both states; and
Whereas, The cost of carrying out the Environmental Improvement
Program apportioned to the State of Nevada and its political subdivisions is
$82,000,000 for a period of 10 years, commencing with fiscal year 1997-98
and ending in fiscal year 2006-07; and
Whereas, The State of Nevada and its political subdivisions have
already raised approximately $25,600,000 to meet their commitment, which
includes $20,000,000 from bonds issued to carry out projects for the
control of erosion and the restoration of natural watercourses in the Lake
Tahoe Basin, which were approved by the voters of this state in 1996; now,
therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2-1
Section 1. 1. The Administrator of the Division of State Lands of the2-2
State Department of Conservation and Natural Resources in cooperation2-3
with other state agencies, shall coordinate the development and2-4
implementation of a program of environmental improvement projects for:2-5
(a) The protection and enhancement of the quality of the air and water;2-6
(b) The protection and restoration of natural watercourses, wetlands,2-7
wildlife habitat, fisheries, vegetation and forests;2-8
(c) Prevention and control of erosion; and2-9
(d) Enhancement of recreational and tourism opportunities,2-10
in the Lake Tahoe Basin.2-11
2. Money to carry out the program in an amount not to exceed2-12
$3,200,000 must be provided for the period between the fiscal year2-13
beginning on July 1, 1999 and the fiscal year ending on June 30, 2001, by2-14
the issuance by the State Board of Finance of general obligation bonds of2-15
the State of Nevada in a total face amount of not more than $3,200,0002-16
pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds2-17
issued pursuant to this subsection must be deposited in the fund to protect3-1
the Lake Tahoe Basin created pursuant to section 2 of this act and, except3-2
as otherwise provided in this subsection, must be used as follows:3-3
(a) Sand Harbor Visitor/Administrative Center BMPs $1,000,0003-4
(b) North Canyon Hiking Trail 15,0003-5
(c) Sand Harbor Erosion Control 100,0003-6
(d) Upland Wildlife Habitat Enhancement 66,0003-7
(e) North Canyon Old Growth Habitat Restoration 130,0003-8
(f) Forest Restoration - Phase I 1,500,0003-9
(g) Sand Harbor-Memorial Point Trail 56,0003-10
(h) Hidden Beach Rehabilitation, BMPs 106,0003-11
(i) Sugar Pine Old Growth Habitat Restoration 75,0003-12
(j) Project contingency 152,0003-13
If an amount authorized pursuant to this subsection is insufficient to allow3-14
the completion of the project for which it is authorized, the Interim Finance3-15
Committee, upon the request of the Division of State Lands of the State3-16
Department of Conservation and Natural Resources, may increase the3-17
amount authorized for the project and offset the increase by reducing the3-18
amount authorized for another project or projects pursuant to this3-19
subsection by the amount of the increase. The Division of State Lands may3-20
use money authorized pursuant to this subsection for a project other than a3-21
project listed in this subsection if the Interim Finance Committee approves3-22
such a use in writing before the Division engages in the project. The3-23
Division of State Lands may allocate money pursuant to paragraph (j)3-24
without the prior approval of the Interim Finance Committee.3-25
3. Money to carry out the program in an amount not to exceed3-26
$53,200,000 must be provided for the period between the fiscal year3-27
beginning on July 1, 2001, and the fiscal year ending on June 30, 2007, by3-28
the issuance by the State Board of Finance of general obligation bonds of3-29
the State of Nevada in a total face amount of not more than $53,200,000.3-30
With the prior approval of the Legislature or the Interim Finance3-31
Committee, the bonds may be issued from time to time pursuant to a3-32
schedule established by the Administrator of the Division of State Lands.3-33
The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance3-34
of bonds pursuant to this subsection.3-35
4. The amount of bonds authorized by subsection 3 must be reduced by3-36
the amount of any money appropriated by the Legislature for the same3-37
purpose upon certification by the Administrator of the Division of State3-38
Lands of the amount of each such appropriation to the State Board of3-39
Finance. The Administrator of the Division of State Lands shall submit a3-40
request to the Legislature each biennium, as necessary, for an appropriation3-41
for the program.3-42
5. The Administrator of the Division of State Lands may adopt such3-43
regulations as are necessary to carry out the program.4-1
Sec. 2. 1. The fund to protect the Lake Tahoe Basin is hereby4-2
created in the state general fund. The Administrator of the Division of State4-3
Lands shall administer the fund.4-4
2. All money that is collected for the use of the program established4-5
pursuant to section 1 of this act, including, without limitation, an4-6
appropriation made by the Legislature and the proceeds of any bonds4-7
issued pursuant to section 1 of this act, after deducting any applicable4-8
charges, must be deposited in the fund.4-9
3. Any interest or income earned on the money in the fund must be4-10
credited to the fund. Any money remaining in the fund at the end of the4-11
fiscal year does not lapse to the state general fund but must be carried over4-12
into the next fiscal year.4-13
4. All claims against the fund must be paid as other claims against the4-14
state are paid.4-15
5. The Administrator of the Division of State Lands may use the4-16
proceeds from any bonds issued pursuant to section 1 of this act or may4-17
request an appropriation to defray the costs of administering the program if4-18
the money in the fund is not sufficient.4-19
6. The Administrator of the Division of State Lands shall report4-20
semiannually to the Interim Finance Committee concerning the4-21
establishment and administration of the program and the expenditure of4-22
money from the fund for the program.4-23
Sec. 3. The Administrator of the Division of State Lands may issue4-24
grants to state agencies and local governments to carry out the program4-25
established pursuant to section 1 of this act. The Administrator shall adopt4-26
such regulations as are necessary for awarding the grants. The regulations4-27
must:4-28
1. Set forth the procedure for applying for a grant;4-29
2. Set forth the criteria that will be considered in awarding a grant; and4-30
3. State whether and the extent to which an applicant must match any4-31
money awarded.4-32
Sec. 4. The Legislature finds and declares that the issuance of4-33
securities and the incurrence of indebtedness pursuant to this act:4-34
1. Are necessary for the protection and preservation of the natural4-35
resources of this state and for the purpose of obtaining the benefits thereof;4-36
and4-37
2. Constitute an exercise of the authority conferred by the second4-38
paragraph of section 3 of article 9 of the Constitution of the State of4-39
Nevada.4-40
Sec. 5. This act becomes effective on July 1, 1999.~