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. Chapter 278 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 6, inclusive, of this act.

1-3 Sec. 2. "Regional land use coordinating entity" means the entity so

1-4 designated pursuant to section 4 or 5 of this act.

1-5 Sec. 3. In a county whose population is 400,000 or more, the board

1-6 of county commissioners and the city council of each of the four largest

1-7 cities in the county shall establish a regional planning coalition by

1-8 cooperative agreement pursuant to chapter 277 of NRS. The regional

1-9 planning coalition may:

1-10 1. Develop policies for the region, including, without limitation, the

1-11 promotion of orderly development, coordinated land use planning and

1-12 the efficient provision of services to urban areas, including, without

1-13 limitation, roads, water and sewer service and police and fire protection,

1-14 mass transit, libraries and parks;

1-15 2. Coordinate sources of information;

1-16 3. Establish standardized projections for population;

2-1 4. Recommend measures to increase the efficiency of governmental

2-2 entities and services;

2-3 5. Make recommendations regarding the disposal of federal land;

2-4 6. Establish methods for resolving disputes regarding annexation

2-5 and other matters that arise between jurisdictions; and

2-6 7. Not more than once every 2 years, review:

2-7 (a) Master plans adopted by the governing body of the county and

2-8 each city; and

2-9 (b) The annual plan for capital improvements prepared by the

2-10 governing body of each local government in the county pursuant to NRS

2-11 278.0226.

2-12 Sec. 4. In a county whose population is 100,000 or more but less

2-13 than 400,000, the governing board for regional planning, created

2-14 pursuant to NRS 278.0264, shall serve as the regional land use

2-15 coordinating entity.

2-16 Sec. 5. 1. Except as otherwise provided in subsection 2, in a county

2-17 whose population is 400,000 or more, the board of county commissioners

2-18 shall designate the regional planning coalition established pursuant to

2-19 section 3 of this act to serve as the regional land use coordinating entity.

2-20 2. If the board of county commissioners establishes a regional

2-21 planning commission pursuant to NRS 278.090, the board shall

2-22 designate the commission to serve as the regional land use coordinating

2-23 entity.

2-24 Sec. 6. 1. A regional land use coordinating entity shall cooperate

2-25 with the local air pollution control board and the regional transportation

2-26 commission in the county in which it is located to:

2-27 (a) Ensure that the plans, policies and programs adopted by each of

2-28 them are consistent to the greatest extent practicable.

2-29 (b) Establish and carry out a program of integrated, long-range

2-30 planning that conserves the economic, financial and natural resources of

2-31 the region and supports a common vision of desired future conditions.

2-32 (c) Jointly compile and publish annually a single volume that contains

2-33 all the plans, policies and programs adopted by the regional land use

2-34 coordinating entity, the local air pollution control board and the regional

2-35 transportation commission. Such a volume must be made available to the

2-36 public at cost. If the regional land use coordinating entity adopts a new

2-37 plan, policy or program or amends an existing plan, policy or program,

2-38 the regional land use coordinating entity shall prepare and make

2-39 available supplementary pages for the volume within 90 days after the

2-40 date on which the regional land use coordinating entity adopted or

2-41 amended the plan, policy or program.

3-1 2. Before adopting or amending a plan, policy or program, a

3-2 regional land use coordinating entity shall:

3-3 (a) Consult with the local air pollution control board and the regional

3-4 transportation commission; and

3-5 (b) Conduct hearings to solicit public comment on the consistency of

3-6 the plan, policy or program with:

3-7 (1) The plans, policies and programs adopted or proposed to be

3-8 adopted by the local air pollution control board and the regional

3-9 transportation commission; and

3-10 (2) Plans for capital improvements that have been prepared

3-11 pursuant to NRS 278.0226.

3-12 3. If the program for control of air pollution established and

3-13 administered by the local air pollution control board includes measures

3-14 for the control of traffic or transportation, the regional land use

3-15 coordinating entity shall consider recommending the use of alternative

3-16 land use designations, densities and design standards to meet local and

3-17 regional needs with respect to transportation.

3-18 4. As used in this section:

3-19 (a) "Local air pollution control board" means a board that establishes

3-20 a program for the control of air pollution pursuant to NRS 445B.500.

3-21 (b) "Regional transportation commission" means a regional

3-22 transportation commission created and organized in accordance with

3-23 chapter 373 of NRS.

3-24 Sec. 7. NRS 278.010 is hereby amended to read as follows:

3-25 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2

3-28 of this act have the meanings ascribed to them in those sections.

3-29 Sec. 8. Chapter 373 of NRS is hereby amended by adding thereto a

3-30 new section to read as follows:

3-31 1. A commission shall cooperate with the local air pollution control

3-32 board and the regional land use coordinating entity in the county in

3-33 which it is located to:

3-34 (a) Ensure that the plans, policies and programs adopted by each of

3-35 them are consistent to the greatest extent practicable.

3-36 (b) Establish and carry out a program of integrated, long-range

3-37 planning that conserves the economic, financial and natural resources of

3-38 the region and supports a common vision of desired future conditions.

3-39 (c) Jointly compile and publish annually a single volume that contains

3-40 all the plans, policies and programs adopted by the commission, the local

3-41 air pollution control board and the regional land use coordinating entity.

3-42 Such a volume must be made available to the public at cost. If the

3-43 commission adopts a new plan, policy or program or amends an existing

4-1 plan, policy or program, the commission shall prepare and make

4-2 available supplementary pages for the volume within 90 days after the

4-3 date on which the commission adopted or amended the plan, policy or

4-4 program.

4-5 2. Before adopting or amending a plan, policy or program, a

4-6 commission shall:

4-7 (a) Consult with the local air pollution control board and the regional

4-8 land use coordinating entity; and

4-9 (b) Conduct hearings to solicit public comment on the consistency of

4-10 the plan, policy or program with:

4-11 (1) The plans, policies and programs adopted or proposed to be

4-12 adopted by the local air pollution control board and the regional land use

4-13 coordinating entity; and

4-14 (2) Plans for capital improvements that have been prepared

4-15 pursuant to NRS 278.0226.

4-16 3. As used in this section:

4-17 (a) "Local air pollution control board" means a board that establishes

4-18 a program for the control of air pollution pursuant to NRS 445B.500.

4-19 (b) "Regional land use coordinating entity" has the meaning ascribed

4-20 to it in section 2 of this act.

4-21 Sec. 9. Chapter 445B of NRS is hereby amended by adding thereto the

4-22 provisions set forth as sections 10 and 11 of this act.

4-23 Sec. 10. 1. In addition to the duties set forth in NRS 445B.500, a

4-24 local air pollution control board shall cooperate with the regional land

4-25 use coordinating entity and the regional transportation commission in

4-26 the county in which it is located to:

4-27 (a) Ensure that the plans, policies and programs adopted by each of

4-28 them are consistent to the greatest extent practicable.

4-29 (b) Establish and carry out a program of integrated, long-range

4-30 planning that conserves the economic, financial and natural resources of

4-31 the region and supports a common vision of desired future conditions.

4-32 (c) Jointly compile and publish annually a single volume that contains

4-33 all the plans, policies and programs adopted by the local air pollution

4-34 control board, the regional land use coordinating entity and the regional

4-35 transportation commission. Such a volume must be made available to the

4-36 public at cost. If the local air pollution control board adopts a new plan,

4-37 policy or program or amends an existing plan, policy or program, the

4-38 board shall prepare and make available supplementary pages for the

4-39 volume within 90 days after the date on which the board adopted or

4-40 amended the plan, policy or program.

5-1 2. Before adopting or amending a plan, policy or program, a local

5-2 air pollution control board shall:

5-3 (a) Consult with the regional land use coordinating entity and the

5-4 regional transportation commission; and

5-5 (b) Conduct hearings to solicit public comment on the consistency of

5-6 the plan, policy or program with:

5-7 (1) The plans, policies and programs adopted or proposed to be

5-8 adopted by the regional land use coordinating entity and the regional

5-9 transportation commission; and

5-10 (2) Plans for capital improvements that have been prepared

5-11 pursuant to NRS 278.0226.

5-12 3. As used in this section:

5-13 (a) "Local air pollution control board" means a board that establishes

5-14 a program for the control of air pollution pursuant to NRS 445B.500.

5-15 (b) "Regional land use coordinating entity" has the meaning ascribed

5-16 to it in section 2 of this act.

5-17 (c) "Regional transportation commission" means a regional

5-18 transportation commission created and organized in accordance with

5-19 chapter 373 of NRS.

5-20 Sec. 11. 1. If a county operates a program in which a person

5-21 operating or responsible for the existence of a source of air contaminant

5-22 may earn credits for maintaining or reducing the level of air

5-23 contaminant emitted from the source, such a program:

5-24 (a) Must allow the person to earn credits for reducing the level of air

5-25 contaminant emitted from that source through the use of solar energy;

5-26 and

5-27 (b) Must not allow the person to earn credits for reducing the level of

5-28 air contaminant emitted from that source if such a reduction is required

5-29 as a component of a penalty imposed against the person.

5-30 2. As used in this section, "credit" means an administratively created

5-31 right that:

5-32 (a) Entitles a person operating or responsible for the existence of a

5-33 source of air contaminant to allow the source to emit a certain level of

5-34 air contaminant; and

5-35 (b) May be traded or sold to another person.

5-36 Sec. 12. NRS 445B.500 is hereby amended to read as follows:

5-37 445B.500 1. Except as otherwise provided in this section and in NRS

5-43 (b) The program must:

6-1 (1) Include standards for the control of emissions, emergency

6-2 procedures and variance procedures established by ordinance or local

6-3 regulation which are equivalent to or stricter than those established by

6-4 statute or state regulation; and

6-5 (2) Provide for adequate administration, enforcement, financing and

6-6 staff.

6-7 (c) The district board of health, county board of health or board of

6-8 county commissioners is designated as the air pollution control agency of

6-9 the county for the purposes of NRS 445B.100 to 445B.640, inclusive, and

6-10 the federal act insofar as it pertains to local programs, and that agency is

6-11 authorized to take all action necessary to secure for the county the benefits

6-12 of the federal act.

6-13 (d) Powers and responsibilities provided for in NRS 445B.210,

6-14 445B.240 to 445B.450, inclusive, 445B.560, 445B.570, 445B.580 and

6-15 445B.640 are binding upon and inure to the benefit of local air pollution

6-16 control authorities within their jurisdiction.

6-17 2. The local air pollution control board shall carry out all provisions of

6-18 NRS 445B.215 with the exception that notices of public hearings must be

6-19 given in any newspaper, qualified pursuant to the provisions of chapter 238

6-20 of NRS, once a week for 3 weeks. The notice must specify with

6-21 particularity the reasons for the proposed regulations and provide other

6-22 informative details. NRS 445B.215 does not apply to the adoption of

6-23 existing regulations upon transfer of authority as provided in NRS

6-24 445B.610.

6-25 3. In a county whose population is 400,000 or more, the local air

6-26 pollution control board may delegate to an independent hearing officer or

6-27 hearing board its authority to determine violations and levy administrative

6-28 penalties for violations of the provisions of NRS 445B.100 to 445B.450,

6-29 inclusive, and 445B.500 to 445B.640, inclusive, and sections 10 and 11 of

6-30 this act, or any regulation adopted pursuant to those sections. If such a

6-31 delegation is made, 17.5 percent of any penalty collected must be deposited

6-32 in the county treasury in an account to be administered by the local air

6-33 pollution control board to a maximum of $17,500 per year. The money in

6-34 the account may only be used to defray the administrative expenses

6-35 incurred by the local air pollution control board in enforcing the provisions

6-36 of NRS 445B.100 to 445B.640, inclusive [.] , and sections 10 and 11 of

6-37 this act. The remainder of the penalty must be deposited in the county

6-38 school district fund of the county where the violation occurred.

6-39 4. Any county whose population is less than 100,000 or any city may

6-40 meet the requirements of this section for administration and enforcement

6-41 through cooperative or interlocal agreement with one or more other

6-42 counties, or through agreement with the state, or may establish its own

7-1 program for the control of air pollution. If the county establishes such a

7-2 program, it is subject to the approval of the commission.

7-3 5. No district board of health, county board of health or board of

7-4 county commissioners may adopt any regulation or establish a compliance

7-5 schedule, variance order or other enforcement action relating to the control

7-6 of emissions from plants which generate electricity by using steam

7-7 produced by the burning of fossil fuel.

7-8 6. For the purposes of this section, "plants which generate electricity

7-9 by using steam produced by the burning of fossil fuel" means plants that

7-10 burn fossil fuels in a boiler to produce steam for the production of

7-11 electricity. The term does not include any plant which uses technology for a

7-12 simple or combined cycle combustion turbine, regardless of whether the

7-13 plant includes duct burners.

7-14 Sec. 13. 1. In a county whose population is 100,000 or more or a

7-15 city within such a county, each planning commission, including, without

7-16 limitation, a local air pollution control board, a regional land use

7-17 coordinating entity and a regional transportation commission, shall, on or

7-18 before October 1, 2000, submit the statement of the effects on air quality by

7-19 complex sources that is required by subsection 3 of NRS 445B.595 to the

7-20 administrator of the division of environmental protection of the state

7-21 department of conservation and natural resources for transmittal to the

7-22 legislative commission.

7-23 2. As used in this section:

7-24 (a) "Local air pollution control board" means a board that establishes a

7-25 program for the control of air pollution pursuant to NRS 445B.500.

7-26 (b) "Regional land use coordinating entity" has the meaning ascribed to

7-27 it in section 2 of this act.

7-28 (c) "Regional transportation commission" means a regional

7-29 transportation commission created and organized in accordance with

7-30 chapter 373 of NRS.

7-31 Sec. 14. The divisions of environmental protection and state lands of

7-32 the state department of conservation and natural resources, and the state

7-33 department of transportation shall, on or before June 30, 2001, meet with

7-34 interested parties from the public and private sectors to prepare guidelines

7-35 for the coordination of plans, policies and programs with respect to air

7-36 pollution, land use and transportation, to conserve the economic, financial

7-37 and natural resources of urban areas in Nevada. The division of state lands

7-38 of the state department of conservation and natural resources shall provide

7-39 administrative support for and facilitate the carrying out of activities

7-40 required pursuant to this section.

8-1 Sec. 15. 1. This section and sections 13 and 14 of this act become

8-2 effective upon passage and approval.

8-3 2. Sections 1 to 5, inclusive, 7, 9, 11 and 12 of this act become

8-4 effective on October 1, 1999.

8-5 3. Sections 6, 8 and 10 of this act become effective on July 1, 2001.