Amendment No. 558

Assembly Amendment to Assembly Bill No. 424 (BDR 22-1362)

Proposed by: Committee on Government Affairs

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, line 2, by deleting:

"2, 3 and 4" and inserting:

"2 and 3".

Amend sec. 2, pages 1 and 2, by deleting lines 3 through 10 on page 1 and lines 1 through 12 on page 2, and inserting:

"Sec. 2. The legislature hereby finds and declares that:

1. The process of regional planning in a county whose population is 100,000 or more but less than 400,000, as set forth in NRS 278.026 to 278.029, inclusive, and sections 2 and 3 of this act, ensures that comprehensive planning will be carried out with respect to population, conservation, land use and transportation, public facilities and services, annexation and intergovernmental coordination.

2. The process of regional planning set forth in NRS 278.026 to 278.029, inclusive, and sections 2 and 3 of this act, does not specifically limit the premature expansion of development into undeveloped areas or address the unique needs and opportunities that are characteristic of older neighborhoods in a county whose population is 100,000 or more but less than 400,000.

3. The problem of the premature expansion of development into undeveloped areas and the unique needs and opportunities that are characteristic of older neighborhoods may be addressed through:

(a) Cooperative efforts to preserve and revitalize urban areas and older neighborhoods; and

(b) Review of the master plans, facilities plans and other similar plans of local governments and other affected entities.

4. It is the intent of the legislature with respect to NRS 278.026 to 278.029, inclusive, and sections 2 and 3 of this act, that each local government and affected entity shall exercise its powers and duties in a manner that is in harmony with the powers and duties exercised by other local governments and affected entities to enhance the long-term health and welfare of the county and all its residents.".

Amend sec. 4, pages 2 and 3, by deleting sec. 4 and inserting:

"Sec. 4. (Deleted by amendment.)".

Amend sec. 5, page 3, line 10, by deleting "10" and inserting "20".

Amend sec. 6, page 3, line 17, by deleting:

"2, 3 and 4" and inserting:

"2 and 3".

Amend sec. 6, page 3, line 24, by deleting "agency;" and inserting:

"agency [;] other than the University and Community College System of Nevada;".

Amend sec. 7, pages 4 and 5, by deleting lines 39 through 43 on page 4 and lines 1 through 26 on page 5, and inserting:

"consisting of [:] 10 members appointed as follows:

(a) Three members [from the local planning commission of each city in] appointed by the governing body of the county [whose population is 40,000 or more, appointed by the respective governing bodies of those cities;

(b) One member from the local planning commission of each] , at least one of whom must represent a neighborhood advisory group in the county if such a group exists;

(b) Three members appointed by the governing body of the largest city in the county [whose population is less than 40,000, appointed by the respective governing bodies of those cities; and] , at least one of whom must represent a neighborhood advisory group in the city if such a group exists;

(c) Three members [from the local planning commission of the county,] appointed by the governing body of the second largest city in the county, at least [two] one of whom must [reside in unincorporated areas of the county.] represent a neighborhood advisory group in the city if such a group exists; and

(d) One member to represent the interests of schools in the county, appointed by the board of trustees of the county school district.".

Amend sec. 7, page 5, by deleting lines 29 through 34 and inserting:

"his successor. A member may be reappointed. [A member who ceases to be a member of the local planning commission of the jurisdiction from which he is appointed automatically ceases to be a member of the commission.] A vacancy must be filled for the unexpired term by the [governing body] appointing authority which made the original appointment.".

Amend sec. 7, page 5, lines 38 and 39 by deleting:

"pursuant to paragraph (a) or (b) of subsection 1,".

Amend sec. 7, page 5, line 41, by deleting "governing bodies." and inserting:

"[governing bodies.] appointing authorities set forth in subsection 1.".

Amend sec. 7, page 5, after line 43, by inserting:

"5. Each member of the commission must successfully complete the course of training prescribed by the governing body pursuant to subsection 2 of NRS 278.0265 within 1 year after the date on which his term of appointment commences. A member who fails to complete successfully the course of training as required pursuant to this subsection forfeits his appointment 1 year after the date on which his term of appointment commenced.".

Amend the bill as a whole by adding a new section designated sec. 7.5, following sec. 7, to read as follows:

"Sec. 7.5. NRS 278.0265 is hereby amended to read as follows:

278.0265 The governing board:

1. Shall adopt such regulations as are necessary to carry out its specific powers and duties.

2. Shall prescribe an appropriate course of at least 12 hours of training in land use planning for the members of the regional planning commission. The course of training must include, without limitation, training relating to:

(a) State statutes and regulations and local ordinances, resolutions and regulations concerning land use planning; and

(b) The provisions of chapter 241 of NRS.

3. May establish and collect reasonable fees for the provision of any service that is authorized pursuant to the provisions of NRS 278.026 to 278.029, inclusive [.] , and sections 2 and 3 of this act.".

Amend sec. 8, page 6, by deleting lines 10 through 14 and inserting:

"3. The limitation of the premature expansion of development into undeveloped areas, preservation of neighborhoods and revitalization of urban areas, including, without limitation, policies that relate to the interspersion of new housing and businesses in established neighborhoods and set forth principles by which growth will be directed to older urban areas.".

Amend sec. 8, page 7, by deleting lines 3 and 4 and inserting "commission regarding".

Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:

"Sec. 8.5. NRS 278.0284 is hereby amended to read as follows:

278.0284 1. Any action of a local government relating to development, zoning, the subdivision of land or capital improvements must conform to the master plan of the local government [.] and the comprehensive regional plan. In adopting any ordinance or regulation relating to development, zoning, the subdivision of land or capital improvements, the local government shall make [a specific finding] specific findings that the ordinance conforms to the master plan [.] and the comprehensive regional plan. Within 1 year after its adoption of any portion of a master plan, the local government shall review and, if necessary, amend its existing ordinances to ensure their conformity with the provisions of the master plan. If any provision of the master plan is inconsistent with any regulation relating to land development, the provision of the master plan governs any action taken in regard to an application for development.

2. The regional planning commission shall adopt regulations concerning the resolution of disputes between persons, local governments and the regional planning commission regarding whether an action taken by or an ordinance or resolution adopted by a local government conforms to the provisions of the comprehensive regional plan as required pursuant to subsection 1.".

Amend sec. 10, pages 8 and 9, by deleting sec. 10 and inserting:

"Sec. 10. (Deleted by amendment.)".

Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:

"Sec. 12. 1. The governing board for regional planning, created pursuant to NRS 278.0264, shall prescribe the course of training described in subsection 2 of NRS 278.0265 on or before June 30, 2000.

2. Notwithstanding the provisions of subsection 5 of NRS 278.0262, a member of the regional planning commission whose term of appointment commences on or before January 1, 2001, must successfully complete the course of training prescribed by the governing body pursuant to subsection 2 of NRS 278.0265 on or before June 30, 2001. A member who fails to complete successfully the course of training as required pursuant to this subsection forfeits his appointment on June 30, 2001.".

Amend the title of the bill to read as follows:

"AN ACT relating to land use planning; revising provisions regarding plans for capital improvements; changing the composition of the regional planning commission; expanding the contents of a comprehensive regional plan; requiring members of the regional planning commission to complete certain training; requiring certain local governments to conform their actions, ordinances and regulations to the comprehensive regional plan and providing for the adoption of regulations concerning the resolution of disputes relating to such a requirement; authorizing the governing body of a local government to use certain land use controls and principles of zoning; and providing other matters properly relating thereto.".