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 at least the three

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

1-8 by 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. In a county whose population is 400,000 or more, the board

2-17 of county commissioners shall designate the regional planning coalition

2-18 established pursuant to section 3 of this act to serve as the regional land

2-19 use coordinating entity.

2-20 Sec. 6. 1. A regional land use coordinating entity shall cooperate

2-21 with the local air pollution control board and the regional transportation

2-22 commission in the county in which it is located to:

2-23 (a) Ensure that the plans, policies and programs adopted by each of

2-24 them are consistent to the greatest extent practicable.

2-25 (b) Establish and carry out a program of integrated, long-range

2-26 planning that conserves the economic, financial and natural resources of

2-27 the region and supports a common vision of desired future conditions.

2-28 2. Before adopting or amending a plan, policy or program, a

2-29 regional land use coordinating entity shall:

2-30 (a) Consult with the local air pollution control board and the regional

2-31 transportation commission; and

2-32 (b) Conduct hearings to solicit public comment on the consistency of

2-33 the plan, policy or program with:

2-34 (1) The plans, policies and programs adopted or proposed to be

2-35 adopted by the local air pollution control board and the regional

2-36 transportation commission; and

2-37 (2) Plans for capital improvements that have been prepared

2-38 pursuant to NRS 278.0226.

2-39 3. If the program for control of air pollution established and

2-40 administered by the local air pollution control board includes measures

2-41 for the control of traffic or transportation, the regional land use

2-42 coordinating entity shall consider recommending the use of alternative

3-1 land use designations, densities and design standards to meet local and

3-2 regional needs with respect to transportation.

3-3 4. Not more than once every 2 years, the regional land use

3-4 coordinating entity shall:

3-5 (a) Prepare a report that summarizes the policies related to land use,

3-6 transportation and air quality which it has adopted and which the local

3-7 air pollution control board and the regional transportation commission

3-8 have adopted; and

3-9 (b) Submit a copy of the report to the:

3-10 (1) County clerk of the appropriate county;

3-11 (2) Division of environmental protection of the state department of

3-12 conservation and natural resources;

3-13 (3) Division of state lands of the state department of conservation

3-14 and natural resources; and

3-15 (4) Department of transportation.

3-16 5. As used in this section:

3-17 (a) "Local air pollution control board" means a board that establishes

3-18 a program for the control of air pollution pursuant to NRS 445B.500.

3-19 (b) "Regional transportation commission" means a regional

3-20 transportation commission created and organized in accordance with

3-21 chapter 373 of NRS.

3-22 Sec. 7. NRS 278.010 is hereby amended to read as follows:

3-23 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2

3-26 of this act have the meanings ascribed to them in those sections.

3-27 Sec. 8. Chapter 373 of NRS is hereby amended by adding thereto a

3-28 new section to read as follows:

3-29 1. A commission shall cooperate with the local air pollution control

3-30 board and the regional land use coordinating entity in the county in

3-31 which it is located to:

3-32 (a) Ensure that the plans, policies and programs adopted by each of

3-33 them are consistent to the greatest extent practicable.

3-34 (b) Establish and carry out a program of integrated, long-range

3-35 planning that conserves the economic, financial and natural resources of

3-36 the region and supports a common vision of desired future conditions.

3-37 2. Before adopting or amending a plan, policy or program, a

3-38 commission shall:

3-39 (a) Consult with the local air pollution control board and the regional

3-40 land use coordinating entity; and

3-41 (b) Conduct hearings to solicit public comment on the consistency of

3-42 the plan, policy or program with:

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

4-2 adopted by the local air pollution control board and the regional land use

4-3 coordinating entity; and

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

4-5 pursuant to NRS 278.0226.

4-6 3. As used in this section:

4-7 (a) "Local air pollution control board" means a board that establishes

4-8 a program for the control of air pollution pursuant to NRS 445B.500.

4-9 (b) "Regional land use coordinating entity" has the meaning ascribed

4-10 to it in section 2 of this act.

4-11 Sec. 9. Chapter 445B of NRS is hereby amended by adding thereto the

4-12 provisions set forth as sections 10 and 11 of this act.

4-13 Sec. 10. 1. In addition to the duties set forth in NRS 445B.500, a

4-14 local air pollution control board shall cooperate with the regional land

4-15 use coordinating entity and the regional transportation commission in

4-16 the county in which it is located to:

4-17 (a) Ensure that the plans, policies and programs adopted by each of

4-18 them are consistent to the greatest extent practicable.

4-19 (b) Establish and carry out a program of integrated, long-range

4-20 planning that conserves the economic, financial and natural resources of

4-21 the region and supports a common vision of desired future conditions.

4-22 2. Before adopting or amending a plan, policy or program, a local

4-23 air pollution control board shall:

4-24 (a) Consult with the regional land use coordinating entity and the

4-25 regional transportation commission; and

4-26 (b) Conduct hearings to solicit public comment on the consistency of

4-27 the plan, policy or program with:

4-28 (1) The plans, policies and programs adopted or proposed to be

4-29 adopted by the regional land use coordinating entity and the regional

4-30 transportation commission; and

4-31 (2) Plans for capital improvements that have been prepared

4-32 pursuant to NRS 278.0226.

4-33 3. As used in this section:

4-34 (a) "Local air pollution control board" means a board that establishes

4-35 a program for the control of air pollution pursuant to NRS 445B.500.

4-36 (b) "Regional land use coordinating entity" has the meaning ascribed

4-37 to it in section 2 of this act.

4-38 (c) "Regional transportation commission" means a regional

4-39 transportation commission created and organized in accordance with

4-40 chapter 373 of NRS.

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

5-2 operating or responsible for the existence of a source of air contaminant

5-3 may earn credits for maintaining or reducing the level of air

5-4 contaminant emitted from the source, such a program:

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

5-6 contaminant emitted from that source through the use of solar energy;

5-7 and

5-8 (b) Must not allow the person to earn credits for reducing the level of

5-9 air contaminant emitted from that source if such a reduction is required

5-10 as a component of a penalty imposed against the person.

5-11 2. As used in this section, "credit" means an administratively created

5-12 right that:

5-13 (a) Entitles a person operating or responsible for the existence of a

5-14 source of air contaminant to allow the source to emit a certain level of

5-15 air contaminant; and

5-16 (b) May be traded or sold to another person.

5-17 Sec. 12. NRS 445B.500 is hereby amended to read as follows:

5-18 445B.500 1. Except as otherwise provided in this section and in NRS

5-43 given in any newspaper, qualified pursuant to the provisions of chapter 238

6-1 of NRS, once a week for 3 weeks. The notice must specify with

6-2 particularity the reasons for the proposed regulations and provide other

6-3 informative details. NRS 445B.215 does not apply to the adoption of

6-4 existing regulations upon transfer of authority as provided in NRS

6-5 445B.610.

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

6-7 pollution control board may delegate to an independent hearing officer or

6-8 hearing board its authority to determine violations and levy administrative

6-9 penalties for violations of the provisions of NRS 445B.100 to 445B.450,

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

6-11 this act, or any regulation adopted pursuant to those sections. If such a

6-12 delegation is made, 17.5 percent of any penalty collected must be deposited

6-13 in the county treasury in an account to be administered by the local air

6-14 pollution control board to a maximum of $17,500 per year. The money in

6-15 the account may only be used to defray the administrative expenses

6-16 incurred by the local air pollution control board in enforcing the provisions

6-17 of NRS 445B.100 to 445B.640, inclusive [.] , and sections 10 and 11 of

6-18 this act. The remainder of the penalty must be deposited in the county

6-19 school district fund of the county where the violation occurred.

6-20 4. Any county whose population is less than 100,000 or any city may

6-21 meet the requirements of this section for administration and enforcement

6-22 through cooperative or interlocal agreement with one or more other

6-23 counties, or through agreement with the state, or may establish its own

6-24 program for the control of air pollution. If the county establishes such a

6-25 program, it is subject to the approval of the commission.

6-26 5. No district board of health, county board of health or board of

6-27 county commissioners may adopt any regulation or establish a compliance

6-28 schedule, variance order or other enforcement action relating to the control

6-29 of emissions from plants which generate electricity by using steam

6-30 produced by the burning of fossil fuel.

6-31 6. For the purposes of this section, "plants which generate electricity

6-32 by using steam produced by the burning of fossil fuel" means plants that

6-33 burn fossil fuels in a boiler to produce steam for the production of

6-34 electricity. The term does not include any plant which uses technology for a

6-35 simple or combined cycle combustion turbine, regardless of whether the

6-36 plant includes duct burners.

6-37 Sec. 13. 1. In a county whose population is 100,000 or more or a

6-38 city within such a county, each planning commission, including, without

6-39 limitation, a local air pollution control board, a regional land use

6-40 coordinating entity and a regional transportation commission, shall, on or

6-41 before October 1, 2000, submit the statement of the effects on air quality by

6-42 complex sources that is required by subsection 3 of NRS 445B.595 to the

6-43 administrator of the division of environmental protection of the state

7-1 department of conservation and natural resources for transmittal to the

7-2 legislative commission.

7-3 2. As used in this section:

7-4 (a) "Local air pollution control board" means a board that establishes a

7-5 program for the control of air pollution pursuant to NRS 445B.500.

7-6 (b) "Regional land use coordinating entity" has the meaning ascribed to

7-7 it in section 2 of this act.

7-8 (c) "Regional transportation commission" means a regional

7-9 transportation commission created and organized in accordance with

7-10 chapter 373 of NRS.

7-11 Sec. 14. 1. This section and section 13 of this act become effective

7-12 upon passage and approval.

7-13 2. Sections 1 to 5, inclusive, 7, 9, 11 and 12 of this act become

7-14 effective on October 1, 1999.

7-15 3. Sections 6, 8 and 10 of this act become effective on July 1, 2001.