Conference Committee Amendment to Senate Bill No. 391 Fifth Reprint (BDR 22-1197)
Proposed by: First Conference Committee
Amendment Box: Resolves conflicts with A.B. No. 424, A.B. No. 493, A.B. No. 569, S.B. No. 121, S.B. No. 191, S.B. No. 394 and S.B. No. 542. Makes substantive changes.
Resolves Conflicts with: AB424, AB493, AB569, SB121, SB191, SB394, SB542
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 2, by deleting "12.5," and inserting "12,".
Amend the bill as a whole by deleting sections 3 and 3.5 and adding:
"Secs. 3 and 3.5. (Deleted by amendment.)".
Amend sec. 4, page 2, by deleting lines 5 through 10 and inserting:
"Sec. 4.
"Infrastructure" or "public facilities" means water, sanitary sewer, storm sewer, street, parks, fire, police and flood protection.".Amend the bill as a whole by deleting sec. 6.5 and adding:
"Sec. 6.5. (Deleted by amendment.)".
Amend sec. 9, page 3, by deleting line 7 and inserting:
"Sec. 9.
The provisions of sections 11 and 12 of this act, sections 1 to 12, inclusive, of Assembly Bill No. 493 of this session and sections 3 and 4 of Senate Bill No. 394 of this session apply".Amend the bill as a whole by deleting sec. 10 and adding:
"Sec. 10. (Deleted by amendment.)".
Amend sec. 11, page 4, line 7, after "
the" by inserting "regional planning".Amend sec. 11, page 4, line 21, after "
the" by inserting "regional planning".Amend the bill as a whole by deleting sec. 12.5 and adding:
"Sec. 12.5. (Deleted by amendment.)".
Amend sec. 13, page 5, line 6, by deleting "
12.5," and inserting "12,".Amend sec. 13.3, page 5, by deleting line 22 and inserting:
"
(a) Residential facility for groups in which 10 or fewer unrelated persons with disabilities reside with:(1) House parents or guardians who need not be related to any of the persons with disabilities; and
(2) If applicable, additional persons who are related to the house parents or guardians within the third degree of consanguinity or affinity.".
Amend sec. 13.3, page 6, by deleting lines 11 and 12 and inserting "
governing body."Amend sec. 13.3, page 6, by deleting lines 17 and 18 and inserting:
"
ordinances. The requirements of this".Amend sec. 13.3, page 6, line 26, by deleting "
require" and inserting:"
refuse to issue".Amend sec. 13.3, page 6, by deleting line 27 and inserting:
"
use permit to a residential facility for groups that meets local public health and safety standards.".Amend sec. 13.3, page 6, by deleting lines 32 through 34.
Amend sec. 13.3, page 6, line 35, by deleting "
(b)" and inserting "(a)".Amend sec. 13.3, page 6, line 37, by deleting "
(c)" and inserting "(b)".Amend sec. 13.3, page 6, line 42, by deleting "
(d)" and inserting "(c)".Amend the bill as a whole by deleting sec. 13.7 and adding:
"Sec. 13.7. (Deleted by amendment.)".
Amend sec. 14, page 9, line 4, after "
(m)" by inserting:"School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.
Amend sec. 14, page 9, line 7, by deleting "
Amend sec. 14, page 9, line 9, by deleting "
Amend sec. 14, page 9, line 14, by deleting "
Amend sec. 14, page 9, line 17, by deleting "
Amend the bill as a whole by deleting sections 14.3 and 14.7 and adding:
"Secs. 14.3 and 14.7. (Deleted by amendment.)".
Amend sec. 15, page 10, by deleting lines 39 and 40 and inserting:
"2. The zoning regulations must be adopted in accordance with the master plan for land use and be designed:".
Amend sec. 15, page 11, between lines 24 and 25, by inserting:
"4. In exercising the powers granted in this section, the governing body may use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.
5. As used in this section:
(a) "Density bonus" means an incentive granted by a governing body to a developer of real property that authorizes the developer to build at a greater density than would otherwise be allowed under the master plan, in exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.
(b) "Inclusionary zoning" means a type of zoning pursuant to which a governing body requires or provides incentives to a developer who builds residential dwellings to build a certain percentage of those dwellings as affordable housing.
(c) "Minimum density zoning" means a type of zoning pursuant to which development must be carried out at or above a certain density to maintain conformance with the master plan.".
Amend the bill as a whole by deleting sections 16 through 22 and adding:
"Secs. 16-22. (Deleted by amendment.)".
Amend the bill as a whole by renumbering sec. 23 as sec. 36 and adding new sections designated sections 23 through 35, following sec. 22, to read as follows:
"Sec. 23. Section 1 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections
Sec. 24. Section 5 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 5. 1. The regional planning coalition shall develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.
2. In developing the plan, the coalition:
(a) May consult with other entities that are interested or involved in regional planning within the county.
(b) Shall ensure that the comprehensive regional policy plan includes goals, policies, maps and other documents relating to:
(1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.
(2) Population, including, without limitation,
(3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region.
(4) Transportation.
(5)
(6) Air quality.
(7) Strategies to promote and encourage:
(I) The interspersion of new housing and businesses in established neighborhoods; and
(II) Development in areas in which public services are available.
3. The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:
(a) Carried by the affirmative votes of not less than two-thirds of its total membership; and
(b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to section
Sec. 25. Section 6 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 6. 1. The regional planning coalition shall study and develop methods to provide incentives for the interspersion of new housing and businesses in established neighborhoods, including, without limitation, the:
(a) Creation of an expedited process for granting necessary permits for a development that features such interspersion; and
(b) Imposition of a fee for the extension of infrastructure to encourage such interspersion.
2. As used in this section, "infrastructure" means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, libraries, community centers, police and fire protection, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.
Sec. 26. Section 7 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 7. 1. The regional planning coalition may:
(a) Coordinate sources of information;
(b) Recommend measures to increase the efficiency of governmental entities and services;
(c) Make recommendations regarding the disposal of federal land;
(d) Establish methods for resolving issues related to annexation, boundaries and other matters that arise between jurisdictions;
(e) [Review:] At least every 2 years, review:
(1) Master plans, facilities plans and other similar plans, and amendments thereto, adopted by a governing body, regional agency, state agency or public utility that is located in whole or in part within the region; and
(2) The annual plan for capital improvements that is prepared by each local government in the region pursuant to NRS 278.0226;
(f) Develop and recommend, to the extent practicable, standardized classifications for land use for the region;
(g) Consider and take necessary action with respect to any issue that the regional planning coalition determines will have a significant impact on the region, including, without limitation, projects of regional significance;
(h) Review, consider and make recommendations regarding applications submitted to agencies of the Federal Government and applications for federal assistance for federally-assisted programs or projects; and
(i) Designate allowable future land uses for each part of the county, including, without limitation, the identification of each category of land use in which the construction and operation of a public school is permissible. The identification of a category of land use in which the construction and operation of a public school is permissible must be carried out in consultation with the county school district and include a determination of whether there is sufficient land in the proximity of a residential development to meet projected needs for public schools.
2. The regional planning coalition shall establish a definition for the term "project of regional significance." In establishing the definition, the regional planning coalition shall consider:
(a) Existing definitions of the term within the Nevada Revised Statutes; and
(b) That a project may have regional significance for several reasons, including, without limitation, the potential impact that the project may have on historic, archaeological, cultural, scenic and natural resources, public facilities and public services within the region.
Sec. 27. Section 8 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 8. Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, [not more than once] at least every 2 years, submit to the regional planning coalition for its review all master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility.
Sec. 28. Section 11 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 11. The regional planning coalition may employ persons or contract for services necessary to carry out:
1. The provisions of sections 5 to 12, inclusive, of this act; and
2. Other responsibilities set forth in the cooperative agreement pursuant to which the regional planning coalition was established pursuant to section 3 of Senate Bill No. 394 of this session as amended by section 33 of this act.
Sec. 29. Section 12 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 12. 1.
2. If the regional planning coalition determines that a plan reviewed pursuant to subsection 1 is not in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall return the plan to the submitting entity accompanied by recommendations regarding the manner in which the submitting entity may bring the plan into substantial conformance with the comprehensive regional policy plan.
3. Within 90 days after the date on which a submitting entity receives the plan and recommendations from the regional planning coalition pursuant to subsection 2, the submitting entity shall provide to the regional planning coalition a written response setting forth the:
(a) Manner in which the submitting entity changed the plan to be in substantial conformance with the comprehensive regional policy plan; or
(b) Reasons of the submitting entity for not bringing the plan into substantial conformance.
4. If the regional planning coalition determines that all the plans that a city or county is required to submit pursuant to section 8 of this act are in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall issue to the city or county a certificate or other indicia of that determination. Upon receipt of such a certificate or other indicia, the city or county, until the next time the regional planning coalition reviews the plans of the city or county pursuant to subsection 1, is entitled to establish its own policies and procedures with respect to regional planning, to the extent that those policies and procedures do not conflict with federal or state law.
Sec. 30. Assembly Bill No. 493 of this session is hereby amended by adding thereto a new section designated section 12.5, following sec. 12, to read as follows:
Sec. 12.5. NRS 278.010 is hereby amended to read as follows:
Sec. 31. Section 13 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 13. Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, on or before May 1, 2000, submit to the regional planning coalition for its review all existing master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility. As used in this section, "regional planning coalition" has the meaning ascribed to it in section 2 of Senate Bill No. 394 of this session.
Sec. 32. Section 14 of Assembly Bill No. 493 of this session is hereby amended to read as follows:
Sec. 14. The regional planning coalition:
1. Shall:
(a) On or before March 1, 2001:
(1) Adopt a comprehensive regional policy plan in accordance with section 5 of this act. Before approving the plan, the regional planning coalition shall hold public hearings on the proposed plan in the cities and unincorporated areas within the county.
(2) In cooperation with local governmental entities within the county, develop guidelines to determine whether master plans, facilities plans and other similar plans established by those entities would conform with the comprehensive regional policy plan.
(b) On or before July 1, 2001, establish a preliminary definition for the term "project of regional significance." In establishing the definition, the regional planning commission shall consider the factors set forth in paragraphs (a) and (b) of subsection 2 of section 7 of this act.
(c) On or before July 1, 2002, review the master plans, facilities plans and other similar plans that it receives pursuant to section 8 of this act, and determine whether those plans are in conformance with the comprehensive regional policy plan.
2. May, on or before February 1, 2001, submit three requests for proposed legislation to the legislature if the regional planning coalition determines that the proposed legislation is necessary to:
(a) Ensure the adequacy and consistency of activities within the region that are related to regional planning; or
(b) Enable local governmental entities within the region to carry out their authority to govern in a more efficient manner.
3. As used in this section, "regional planning coalition" has the meaning ascribed to it in section 2 of Senate Bill No. 394 of this session.
Sec. 33. Section 3 of Senate Bill No. 394 of this session is hereby amended to read as follows:
Sec. 3. In a county whose population is 400,000 or more, the board of county commissioners and the city council of each of at least the three largest cities in the county shall establish a regional planning coalition by cooperative agreement pursuant to chapter 277 of NRS.
1. Develop policies for the region, including, without limitation, the promotion of orderly development, coordinated land use planning and the efficient provision of services to urban areas, including, without limitation, roads, water and sewer service and police and fire protection, mass transit, libraries and parks;
2. Coordinate sources of information;
3. Establish standardized projections for population;
4. Recommend measures to increase the efficiency of governmental entities and services;
5. Make recommendations regarding the disposal of federal land;
6. Establish methods for resolving disputes regarding annexation and other matters that arise between jurisdictions; and
7. Not more than once every 2 years, review:
(a) Master plans adopted by the governing body of the county and each city; and
(b) The annual plan for capital improvements prepared by the governing body of each local government in the county pursuant to NRS 278.0226.]
Sec. 34. Section 4 of Senate Bill No. 394 of this session is hereby amended to read as follows:
Sec. 4. 1.
(a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.
(b)
2. Before adopting or amending a plan, policy or program, the regional planning coalition shall:
(a) Consult with the local air pollution control board and the regional transportation commission; and
(b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:
(1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional transportation commission; and
(2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.
3. If the program for control of air pollution established and administered by the local air pollution control board includes measures for the control of traffic or transportation, the regional planning coalition shall consider recommending the use of alternative land use designations, densities and design standards to meet local and regional needs with respect to transportation.
4. Not more than once every 2 years, the regional planning coalition shall:
(a) Prepare a report that summarizes the policies related to land use, transportation and air quality which it has adopted and which the local air pollution control board and the regional transportation commission have adopted; and
(b) Submit a copy of the report to the:
(1) County clerk of the appropriate county;
(2) Division of environmental protection of the state department of conservation and natural resources;
(3) Division of state lands of the state department of conservation and natural resources; and
(4) Department of transportation.
5. As used in this section:
(a) "Local air pollution control board" means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.
(b) "Regional transportation commission" means a regional transportation commission created and organized in accordance with chapter 373 of NRS.
Sec. 35. Sections 2 and 4 of Assembly Bill No. 493 of this session are hereby repealed.".
Amend sec. 23, pages 22 and 23, by deleting lines 27 through 40 on page 22 and line 1 on page 23, and inserting:
"Sec. 36. 1. This section and sections 1 to 13, inclusive, and 14 of this act become effective on October 1, 1999.
2. Sections 15 and 33 of this act become effective at 12:01 a.m. on October 1, 1999.
3. Sections 23, 28 and 35 of this act become effective on December 31, 1999.
4. Section 30 of this act becomes effective on January 1, 2000.
5. Sections 24 to 27, inclusive, 29, 31 and 32 of this act become effective at 12:01 a.m. on January 1, 2000.
6. Section 13.3 of this act becomes effective on July 1, 2000.
7. Section 34 of this act becomes effective at 12:01 a.m. on July 1, 2001.".
Amend sec. 23, page 23, line 2, by deleting "7." and inserting "8.".
Amend the title of the bill to read as follows: