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).

1-1 Section 1. 1. In addition to any other requirement of the local

1-2 government or unit thereof, a person who proposes to develop a project of

1-3 significant impact within the Las Vegas urban growth zone, as that zone is

1-4 described in NRS 463.3094, shall, unless the project was approved before

1-5 the effective date of this act, submit an impact statement to the local

1-6 government or unit thereof having authority over the zoning and approval

1-7 of the project. The impact statement must be submitted at least 15 days

1-8 before the time at which the project is being considered for approval.

1-9 2. An impact statement required pursuant to subsection 1 must set

1-10 forth:

1-11 (a) The number of vehicle trips that the project will generate, estimated

1-12 by applying to the proposed project the average trip rates for the peak days

1-13 and hours established by the Institute of Transportation Engineers or its

1-14 successor.

1-15 (b) The estimated number of additional pupils per grade that the project

1-16 will cause to be enrolled in local schools.

2-1 (c) The quantity of sewage effluent that the project will generate,

2-2 estimated by applying a sewage generation factor established by the

2-3 provider of sewer service or an equivalent calculation to the number of

2-4 units or area of indoor floor space that will be created by the project.

2-5 (d) The quantity of water that the project will demand during and after

2-6 its construction, estimated by applying a demand factor established by the

2-7 provider of water service or an equivalent calculation to the number of

2-8 units that will be created by and the gross acreage that will be occupied by

2-9 the project.

2-10 (e) The increase in quantity of storm water runoff that the project will

2-11 generate, estimated by using standard hydrologic methods.

2-12 (f) The distance from the site on which the project will be located to the

2-13 nearest facilities from which fire-fighting, police and emergency services

2-14 are provided.

2-15 (g) The existing capacities of schools, roads, sources of water supply

2-16 and facilities for wastewater and flood control that will be affected by the

2-17 project. This information must be obtained from the appropriate local

2-18 providers of those services.

2-19 (h) A brief statement setting forth the anticipated effect of the project on

2-20 housing, mass transit, open space and recreation.

2-21 3. A person shall not develop in phases, subdivide or otherwise

2-22 partition a proposed project for the purpose of evading or avoiding the

2-23 provisions of this section.

2-24 4. An impact statement required pursuant to this section may include

2-25 by reference any information or data relevant to such a statement that is a

2-26 matter of public record or is generally available to the public, including,

2-27 without limitation, information:

2-28 (a) Contained in a report required by another federal or state law or

2-29 local ordinance; or

2-30 (b) Regarding a phase of a project that consists of multiple phases of

2-31 construction, if information pertaining to that phase has already been

2-32 disclosed in a report pertaining to another phase or to the project as a

2-33 whole.

2-34 5. A local government or unit thereof having authority over the zoning

2-35 and approval of a project of significant impact shall not approve such a

2-36 project unless:

2-37 (a) An impact statement has been submitted for the project pursuant to

2-38 subsection 1;

2-39 (b) The local government or unit thereof determines that the capacities

2-40 of roads, sources of water supply and facilities for wastewater and flood

2-41 control will be sufficient to support the project; and

2-42 (c) The local government or unit thereof determines that the capacity of

2-43 any schools that are affected by the project will be sufficient to support the

3-1 project by obtaining a statement from the school district which provides the

3-2 existing and projected enrollment of pupils in the schools that are affected

3-3 by the project and the capacity of the buildings of those schools.

3-4 6. As used in this section, "project of significant impact" means a

3-5 project that would create:

3-6 (a) Tentative maps or planned unit developments of 300 units or more;

3-7 (b) Tourist accommodations of 300 units or more;

3-8 (c) A commercial or industrial facility generating more than 3,000

3-9 average daily vehicle trips; or

3-10 (d) A nonresidential development encompassing more than 160 acres.

3-11 Sec. 2. 1. Whenever any aggrieved party believes that a local

3-12 government, unit thereof or any other person has violated section 1 of this

3-13 act, the aggrieved party may cause a complaint to be filed in the district

3-14 court seeking to enjoin and restrain the local government, unit thereof or

3-15 other person from continuing the violation or performing any act in

3-16 furtherance thereof.

3-17 2. The district court has jurisdiction of the proceeding and has the

3-18 power to make and enter an order or judgment awarding such preliminary

3-19 or final injunctive relief as in its judgment is proper.

3-20 3. As used in this section, "aggrieved party" means:

3-21 (a) The person who proposes to develop a project pursuant to section 1

3-22 of this act;

3-23 (b) The owner of the real property upon which the proposed

3-24 development is located;

3-25 (c) Any person who testified at the public hearing at which the project is

3-26 considered for approval; or

3-27 (d) Any person who submitted written comments at the public hearing at

3-28 which the project is considered for approval.

3-29 Sec. 3. This act becomes effective upon passage and approval.