2001 REGULAR SESSION (71st)                                                                             A SB267 593

Amendment No. 593

 

 

 

     Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

     “Section 1.  Chapter 543 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The district’s chief engineer or any governmental entity may propose an amendment to the district’s master plan to allow the expenditure or provision of money pursuant to subsection 6 of NRS 543.360. The proposed amendment must be submitted to the district.

     2.  Upon receipt of an amendment proposed pursuant to subsection 1, the board shall determine whether it:

     (a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;

     (b) Is the most cost-effective structural or regulatory means of protecting structures from flood waters of the district; and

     (c) Does not adversely affect the continued implementation of the master plan.

     3.  If the board determines that the proposed amendment meets the requirements of subsection 2, the board shall hold a public hearing to consider the adoption of the amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two-thirds of the members voting on the proposed amendment.

     4.  The board shall file a copy of any amendment adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment.

     5.  Except as otherwise provided in subsection 6, upon receipt of an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.

     6.  If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction the project will be located, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.

     Sec. 2.  NRS 543.180 is hereby amended to read as follows:

     543.180  As used in NRS 543.170 to 543.830, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 543.181 to 543.188, inclusive, have the meanings ascribed to them in those sections.”.

     Amend section 1, page 1, line 8, by deleting:

“paragraph (c) of subsection 6,” and inserting “subsection 7,”.

     Amend section 1, page 2, line 13, by deleting “Expend” and inserting:

“Upon approval of an amendment to the district’s master plan pursuant to section 1 of this act, expend”.

     Amend section 1, page 2, by deleting lines 18 through 23 and inserting:

     “7.  Expend or provide money for the acquisition of a local project or improvement for the control of drainage which is not included in the master plan if the district’s chief engineer determines that:

     (a) The governmental entity requesting the project or improvement has established:

          (1) A procedure to allow persons within its jurisdiction to file complaints concerning the program for controlling floods within its jurisdiction;

          (2) A master plan for its local drainage system which identifies the project or improvement; and

          (3) Guidelines for implementing drainage projects and improvements within its jurisdiction; and

     (b) The local project or improvement is a necessary appurtenance to collect and deliver flows to allow a project or improvement that is included in the district’s master plan to function in the manner intended.

FLUSH

If the local project or improvement is one-quarter mile or more from a regional facility, the district may not contribute more than 50 percent of the cost of the project or improvement. The district may appropriate not more than 3 percent of its revenues in any fiscal year to projects approved pursuant to this subsection. Money that is provided pursuant to this subsection but not expended in a fiscal year may be expended in the following fiscal year.”.

     Amend the bill as a whole by deleting sections 2 and 3 and adding a new section designated sec. 4, following section 1, to read as follows:

     “Sec. 4.  NRS 543.597 is hereby amended to read as follows:

     543.597  1.  The district’s chief engineer or any governmental entity may propose to:

     (a) Change the size, type or alignment of a facility on the district’s master plan; or

     (b) Amend the district’s master plan. A proposed amendment must be submitted to the district.

     2.  Upon receipt of a change proposed pursuant to paragraph (a) of subsection 1, the board shall hold a public hearing to consider the adoption of the change. With the approval of two-thirds of the members voting on the proposed change, the board may adopt any proposed change which:

     (a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;

     (b) Is hydraulically similar to a proposed facility included in the master plan;

     (c) Is the most cost-effective structural or regulatory means of controlling flood waters of the district; and

     (d) Does not adversely affect the continued implementation of the master plan.

     3.  Upon receipt of an amendment proposed pursuant to paragraph (b) of subsection 1, the board shall determine whether the proposed amendment is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan. If the proposed amendment is determined to be generally consistent with those principles, the board shall hold a public hearing to consider the adoption of the proposed amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two-thirds of the members voting on the proposed amendment.

     4.  The board shall file a copy of any amendment or change adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment or change.

     5.  Except as otherwise provided in subsection 6, upon receipt of an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.

     6.  If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction will be located the structures necessary to carry out the purposes of the amendment, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.

     7.  The provisions of this section do not apply to an amendment of a master plan pursuant to section 1 of this act.”.

     Amend the title of the bill by deleting the fifth and sixth lines and inserting “drainage;”.