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, 3 and 4 of this act.

1-3 Sec. 2. "Regional planning coalition" means the regional planning

1-4 coalition described in section 3 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. 1. In a county whose population is 400,000 or more, the

2-13 regional planning coalition shall cooperate with the local air pollution

2-14 control board and the regional transportation commission in the county

2-15 in which it is located to:

2-16 (a) Ensure that the plans, policies and programs adopted by each of

2-17 them are consistent to the greatest extent practicable.

2-18 (b) Establish and carry out a program of integrated, long-range

2-19 planning that conserves the economic, financial and natural resources of

2-20 the region and supports a common vision of desired future conditions.

2-21 2. Before adopting or amending a plan, policy or program, the

2-22 regional planning coalition shall:

2-23 (a) Consult with the local air pollution control board and the regional

2-24 transportation commission; and

2-25 (b) Conduct hearings to solicit public comment on the consistency of

2-26 the plan, policy or program with:

2-27 (1) The plans, policies and programs adopted or proposed to be

2-28 adopted by the local air pollution control board and the regional

2-29 transportation commission; and

2-30 (2) Plans for capital improvements that have been prepared

2-31 pursuant to NRS 278.0226.

2-32 3. If the program for control of air pollution established and

2-33 administered by the local air pollution control board includes measures

2-34 for the control of traffic or transportation, the regional planning

2-35 coalition shall consider recommending the use of alternative land use

2-36 designations, densities and design standards to meet local and regional

2-37 needs with respect to transportation.

2-38 4. Not more than once every 2 years, the regional planning coalition

2-39 shall:

2-40 (a) Prepare a report that summarizes the policies related to land use,

2-41 transportation and air quality which it has adopted and which the local

2-42 air pollution control board and the regional transportation commission

2-43 have adopted; and

3-1 (b) Submit a copy of the report to the:

3-2 (1) County clerk of the appropriate county;

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

3-4 conservation and natural resources;

3-5 (3) Division of state lands of the state department of conservation

3-6 and natural resources; and

3-7 (4) Department of transportation.

3-8 5. As used in this section:

3-9 (a) "Local air pollution control board" means a board that establishes

3-10 a program for the control of air pollution pursuant to NRS 445B.500.

3-11 (b) "Regional transportation commission" means a regional

3-12 transportation commission created and organized in accordance with

3-13 chapter 373 of NRS.

3-14 Sec. 5. NRS 278.010 is hereby amended to read as follows:

3-15 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections

3-18 this act have the meanings ascribed to them in those sections.

3-19 Sec. 6. Chapter 373 of NRS is hereby amended by adding thereto a

3-20 new section to read as follows:

3-21 1. In a county whose population is 400,000 or more, the commission

3-22 shall cooperate with the local air pollution control board and the

3-23 regional planning coalition in the county in which it is located to:

3-24 (a) Ensure that the plans, policies and programs adopted by each of

3-25 them are consistent to the greatest extent practicable.

3-26 (b) Establish and carry out a program of integrated, long-range

3-27 planning that conserves the economic, financial and natural resources of

3-28 the region and supports a common vision of desired future conditions.

3-29 2. Before adopting or amending a plan, policy or program, a

3-30 commission shall:

3-31 (a) Consult with the local air pollution control board and the regional

3-32 planning coalition; and

3-33 (b) Conduct hearings to solicit public comment on the consistency of

3-34 the plan, policy or program with:

3-35 (1) The plans, policies and programs adopted or proposed to be

3-36 adopted by the local air pollution control board and the regional

3-37 planning coalition; and

3-38 (2) Plans for capital improvements that have been prepared

3-39 pursuant to NRS 278.0226.

3-40 3. As used in this section:

3-41 (a) "Local air pollution control board" means a board that establishes

3-42 a program for the control of air pollution pursuant to NRS 445B.500.

4-1 (b) "Regional planning coalition" has the meaning ascribed to it in

4-2 section 2 of this act.

4-3 Sec. 7. Chapter 445B of NRS is hereby amended by adding thereto the

4-4 provisions set forth as sections 8 and 9 of this act.

4-5 Sec. 8. 1. In addition to the duties set forth in NRS 445B.500, the

4-6 local air pollution control board in a county whose population is 400,000

4-7 or more shall cooperate with the regional planning coalition and the

4-8 regional transportation commission in the county in which it is located

4-9 to:

4-10 (a) Ensure that the plans, policies and programs adopted by each of

4-11 them are consistent to the greatest extent practicable.

4-12 (b) Establish and carry out a program of integrated, long-range

4-13 planning that conserves the economic, financial and natural resources of

4-14 the region and supports a common vision of desired future conditions.

4-15 2. Before adopting or amending a plan, policy or program, a local

4-16 air pollution control board shall:

4-17 (a) Consult with the regional planning coalition and the regional

4-18 transportation commission; and

4-19 (b) Conduct hearings to solicit public comment on the consistency of

4-20 the plan, policy or program with:

4-21 (1) The plans, policies and programs adopted or proposed to be

4-22 adopted by the regional planning coalition and the regional

4-23 transportation commission; and

4-24 (2) Plans for capital improvements that have been prepared

4-25 pursuant to NRS 278.0226.

4-26 3. As used in this section:

4-27 (a) "Local air pollution control board" means a board that establishes

4-28 a program for the control of air pollution pursuant to NRS 445B.500.

4-29 (b) "Regional planning coalition" has the meaning ascribed to it in

4-30 section 2 of this act.

4-31 (c) "Regional transportation commission" means a regional

4-32 transportation commission created and organized in accordance with

4-33 chapter 373 of NRS.

4-34 Sec. 9. 1. If a county operates a program in which a person

4-35 operating or responsible for the existence of a source of air contaminant

4-36 may earn credits for maintaining or reducing the level of air

4-37 contaminant emitted from the source, such a program:

4-38 (a) Must allow the person to earn credits for reducing the level of air

4-39 contaminant emitted from that source through the use of solar energy;

4-40 and

4-41 (b) Must not allow the person to earn credits for reducing the level of

4-42 air contaminant emitted from that source if such a reduction is required

4-43 as a component of a penalty imposed against the person.

5-1 2. As used in this section, "credit" means an administratively created

5-2 right that:

5-3 (a) Entitles a person operating or responsible for the existence of a

5-4 source of air contaminant to allow the source to emit a certain level of

5-5 air contaminant; and

5-6 (b) May be traded or sold to another person.

5-7 Sec. 10. NRS 445B.500 is hereby amended to read as follows:

5-8 445B.500 1. Except as otherwise provided in this section and in NRS

5-43 inclusive, and 445B.500 to 445B.640, inclusive, and sections 8 and 9 of

6-1 this act, or any regulation adopted pursuant to those sections. If such a

6-2 delegation is made, 17.5 percent of any penalty collected must be deposited

6-3 in the county treasury in an account to be administered by the local air

6-4 pollution control board to a maximum of $17,500 per year. The money in

6-5 the account may only be used to defray the administrative expenses

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

6-7 of NRS 445B.100 to 445B.640, inclusive [.] , and sections 8 and 9 of this

6-8 act. The remainder of the penalty must be deposited in the county school

6-9 district fund of the county where the violation occurred.

6-10 4. Any county whose population is less than 100,000 or any city may

6-11 meet the requirements of this section for administration and enforcement

6-12 through cooperative or interlocal agreement with one or more other

6-13 counties, or through agreement with the state, or may establish its own

6-14 program for the control of air pollution. If the county establishes such a

6-15 program, it is subject to the approval of the commission.

6-16 5. No district board of health, county board of health or board of

6-17 county commissioners may adopt any regulation or establish a compliance

6-18 schedule, variance order or other enforcement action relating to the control

6-19 of emissions from plants which generate electricity by using steam

6-20 produced by the burning of fossil fuel.

6-21 6. For the purposes of this section, "plants which generate electricity

6-22 by using steam produced by the burning of fossil fuel" means plants that

6-23 burn fossil fuels in a boiler to produce steam for the production of

6-24 electricity. The term does not include any plant which uses technology for a

6-25 simple or combined cycle combustion turbine, regardless of whether the

6-26 plant includes duct burners.

6-27 Sec. 11. 1. In a county whose population is 400,000 or more or a

6-28 city within such a county, each planning commission, as required pursuant

6-29 to subsection 3 of NRS 445B.595, and the local air pollution control board,

6-30 regional planning coalition and regional transportation commission within

6-31 the county shall, on or before October 1, 2000, submit a concise statement

6-32 of the effects on air quality by complex sources to the administrator of the

6-33 division of environmental protection of the state department of

6-34 conservation and natural resources for transmittal to the legislative

6-35 commission.

6-36 2. As used in this section:

6-37 (a) "Local air pollution control board" means a board that establishes a

6-38 program for the control of air pollution pursuant to NRS 445B.500.

6-39 (b) "Regional planning coalition" has the meaning ascribed to it in

6-40 section 2 of this act.

6-41 (c) "Regional transportation commission" means a regional

6-42 transportation commission created and organized in accordance with

6-43 chapter 373 of NRS.

7-1 Sec. 12. 1. This section and section 11 of this act become effective

7-2 upon passage and approval.

7-3 2. Sections 1, 2, 3, 5, 7, 9 and 10 of this act become effective on

7-4 October 1, 1999.

7-5 3. Sections 4, 6 and 8 of this act become effective on July 1, 2001.