Assembly Bill No. 568–Assemblymen Thomas, Goldwater, Carpenter, Segerblom, Claborn, Mortenson, de Braga, Chowning, Giunchigliani, Evans, Buckley, Koivisto, Bache, Anderson, Manendo, Ohrenschall, Price, Leslie, Dini and Parnell

March 15, 1999

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Referred to Committee on Education

 

SUMMARY—Provides for payment by others of cost of extending streets and utilities to site of new school. (BDR 34-1338)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the construction of schools; requiring local governments and public utilities to provide necessary services to new sites; providing for the recovery of those costs; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 393.155 is hereby amended to read as follows:

1-2 393.155 1. The [board of trustees of any school district in this state]

1-3 local government otherwise responsible for making the improvement may

1-4 expend money [available for school construction] to make necessary

1-5 improvements, including [without limitation] sidewalks, curbs, gutters,

1-6 street lights, traffic control signs or devices, fire hydrants, water and sewer

1-7 lines, street paving and drainage for flood control, which are not located on

1-8 the property of [the] a school district but are necessary or appropriate [to

1-9 the school construction undertaken.] for the construction of a public

1-10 school, and at the request of the board of trustees of the school district,

1-11 shall make those improvements that are necessary, but the school district

1-12 shall pay for any such improvement upon or immediately abutting its

1-13 property. The local government may recover the cost of making the

2-1 improvements by assessment against the other properties benefited or to

2-2 be benefited upon their development. The assessment may be made at the

2-3 time of making the improvements or at any time thereafter.

2-4 2. A public utility providing electricity, gas, telephone service or

2-5 water to the area in which a public school is to be constructed shall make

2-6 that service available at the site at the request of the board of trustees of

2-7 the school district, and the school district shall pay for the appropriate

2-8 connection to the school. The public utility may recover the cost of

2-9 making the service available by charging special connection fees to

2-10 customers added along the lines constructed or improved to make the

2-11 service available, at the time of making the service available at the site of

2-12 the school or at any time thereafter.

2-13 Sec. 2. NRS 278B.240 is hereby amended to read as follows:

2-14 278B.240 [1.] If an owner is required by a local government, as a

2-15 condition of the approval of the development, to construct or dedicate, or

2-16 both, a portion of the off-site facilities for which impact fees are imposed,

2-17 the off-site facilities must be credited against those impact fees.

2-18 [2. If a school district is required by a local government to construct or

2-19 dedicate, or both, a portion of the off-site facilities for which impact fees

2-20 are imposed, the local government shall, upon the request of the school

2-21 district, reimburse or enter into an agreement to reimburse the school

2-22 district for the cost of the off-site facilities constructed or dedicated, or

2-23 both, minus the cost of the off-site facilities immediately adjacent to or

2-24 providing connection to the school development which would be required

2-25 by local ordinance in the absence of an ordinance authorizing impact fees.]

2-26 Sec. 3. Chapter 704 of NRS is hereby amended by adding thereto a

2-27 new section to read as follows:

2-28 The commission shall, in the exercise of its authority to set or approve

2-29 the rates and charges of a public utility, take into account a right of that

2-30 public utility to recover by appropriate connection charges certain costs

2-31 incurred pursuant to NRS 393.155.

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