S.B. 530
Senate Bill No. 530–Committee on Natural Resources
(On Behalf of Southern Nevada Regional Planning Coalition)
March 26, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes concerning regional planning in certain counties. (BDR 22‑1115)
FISCAL NOTE: Effect on Local Government: No.
~
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).
AN ACT relating to regional planning; extending the interval at which the regional planning coalition may review certain plans of a governing body, regional agency, state agency or public utility; authorizing the regional planning coalition to make certain grants to a city or county for purposes related to land use planning; authorizing the regional planning coalition to request the preparation of not more than three legislative measures for a regular legislative session; authorizing the regional planning coalition to adopt rules or bylaws pertaining to the attendance of members of its governing board at meetings of the governing board; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 278.02542 is hereby amended to read as follows:
1-2 278.02542 1. The regional planning coalition may:
1-3 (a) Coordinate sources of information;
1-4 (b) Recommend measures to increase the efficiency of governmental
1-5 entities and services;
1-6 (c) Make recommendations regarding the disposal of federal land;
1-7 (d) Establish methods for resolving issues related to annexation,
1-8 boundaries and other matters that arise between jurisdictions;
1-9 (e) At least every [2] 5 years, review:
1-10 (1) Master plans, facilities plans and other similar plans, and
1-11 amendments thereto, adopted by a governing body, regional agency, state
1-12 agency or public utility that is located in whole or in part within the region;
1-13 and
1-14 (2) The annual plan for capital improvements that is prepared by each
1-15 local government in the region pursuant to NRS 278.0226;
2-1 (f) Develop and recommend, to the extent practicable, standardized
2-2 classifications for land use for the region;
2-3 (g) Consider and take necessary action with respect to any issue that the
2-4 regional planning coalition determines will have a significant impact on the
2-5 region, including, without limitation, projects of regional significance;
2-6 (h) Review, consider and make recommendations regarding applications
2-7 submitted to agencies of the Federal Government and applications for
2-8 federal assistance for federally-assisted programs or projects; and
2-9 (i) Designate allowable future land uses for each part of the county,
2-10 including, without limitation, the identification of each category of land use
2-11 in which the construction and operation of a public school is permissible.
2-12 The identification of a category of land use in which the construction and
2-13 operation of a public school is permissible must be carried out in
2-14 consultation with the county school district and include a determination of
2-15 whether there is sufficient land in the proximity of a residential
2-16 development to meet projected needs for public schools.
2-17 2. The regional planning coalition shall establish a definition for the
2-18 term “project of regional significance.” In establishing the definition, the
2-19 regional planning coalition shall consider:
2-20 (a) Existing definitions of the term within the Nevada Revised Statutes;
2-21 and
2-22 (b) That a project may have regional significance for several reasons,
2-23 including, without limitation, the potential impact that the project may have
2-24 on historic, archaeological, cultural, scenic and natural resources, public
2-25 facilities and public services within the region.
2-26 Sec. 2. NRS 278.02549 is hereby amended to read as follows:
2-27 278.02549 Each governing body, regional agency, state agency or
2-28 public utility that is located in whole or in part within the region shall, at
2-29 least every [2] 5 years, submit to the regional planning coalition for its
2-30 review all master plans, facilities plans and other similar plans of the
2-31 governing body, regional agency, state agency or public utility.
2-32 Sec. 3. NRS 278.02577 is hereby amended to read as follows:
2-33 278.02577 1. At least every [2] 5 years, the regional planning
2-34 coalition shall review the master plans, facilities plans and other similar
2-35 plans that it receives pursuant to NRS 278.02549, and determine whether
2-36 those plans are in substantial conformance with the comprehensive
2-37 regional policy plan.
2-38 2. If the regional planning coalition determines that a plan reviewed
2-39 pursuant to subsection 1 is not in substantial conformance with the
2-40 comprehensive regional policy plan, the regional planning coalition shall
2-41 return the plan to the submitting entity accompanied by recommendations
2-42 regarding the manner in which the submitting entity may bring the plan
2-43 into substantial conformance with the comprehensive regional policy plan.
2-44 3. Within 90 days after the date on which a submitting entity receives
2-45 the plan and recommendations from the regional planning coalition
2-46 pursuant to subsection 2, the submitting entity shall provide to the regional
2-47 planning coalition a written response setting forth the:
2-48 (a) Manner in which the submitting entity changed the plan to be in
2-49 substantial conformance with the comprehensive regional policy plan; or
3-1 (b) Reasons of the submitting entity for not bringing the plan into
3-2 substantial conformance.
3-3 4. If the regional planning coalition determines that all the plans that a
3-4 city or county is required to submit pursuant to NRS 278.02549 are in
3-5 substantial conformance with the comprehensive regional policy plan, the
3-6 regional planning coalition shall issue to the city or county a certificate or
3-7 other indicia of that determination. Upon receipt of such a certificate or
3-8 other indicia, the city or county, until the next time the regional planning
3-9 coalition reviews the plans of the city or county pursuant to subsection 1, is
3-10 entitled to establish its own policies and procedures with respect to
3-11 regional planning, to the extent that those policies and procedures do not
3-12 conflict with federal or state law.
3-13 5. The regional planning coalition may, within the limits of
3-14 legislative appropriations and other available money, provide grants to a
3-15 city or county if the regional planning coalition has issued to the city or
3-16 county a certificate or other indicia pursuant to subsection 4 of the
3-17 determination of the regional planning coalition that all the plans that
3-18 the city or county is required to submit pursuant to NRS 278.02549 are in
3-19 substantial conformance with the comprehensive regional policy plan.
3-20 Grants provided to a city or county pursuant to this subsection must be
3-21 expended by the city or county only to pay the costs of establishing,
3-22 maintaining and carrying out programs related to land use planning.
3-23 Sec. 4. Chapter 218 of NRS is hereby amended by adding thereto a
3-24 new section to read as follows:
3-25 1. The legislative counsel and the legal division of the legislative
3-26 counsel bureau shall prepare and assist in the preparation of legislative
3-27 measures at the request of a regional planning coalition if the legislative
3-28 measures are transmitted to the legislative counsel before September 1
3-29 preceding the commencement of the next regular session of the
3-30 legislature. A regional planning coalition may transmit to the legislative
3-31 counsel pursuant to this section not more than three legislative measures
3-32 for a regular legislative session.
3-33 2. Every requested legislative measure must set forth the substance
3-34 of the provisions which are desired or which may be needed with the
3-35 reasons therefor.
3-36 3. As used in this section, “regional planning coalition” has the
3-37 meaning ascribed to it in NRS 278.0172.
3-38 Sec. 5. NRS 218.240 is hereby amended to read as follows:
3-39 218.240 1. The legislative counsel and the legal division of the
3-40 legislative counsel bureau shall prepare and assist in the preparation and
3-41 amendment of legislative measures when requested or upon suggestion as
3-42 provided in NRS 218.240 to 218.255, inclusive[.] , and section 4 of this
3-43 act. Except as otherwise provided in those provisions, the legislative
3-44 counsel and the legal division of the legislative counsel bureau shall not
3-45 prepare or assist in the preparation and amendment of legislative measures
3-46 directly submitted or requested by a natural person, corporation, firm,
3-47 association or other entity, including an organization that represents
3-48 governmental agencies, unless the requester, or if the requester is a natural
4-1 person the office or other position held by the person, is created by the
4-2 constitution or laws of this state.
4-3 2. The legislative counsel shall give consideration to and service
4-4 concerning any measure before the legislature which is requested by the
4-5 governor, the senate or assembly, or any committee of the legislature
4-6 having the measure before it for consideration.
4-7 3. The legislative counsel may deliver to the superintendent of the state
4-8 printing division of the department of administration and request that he
4-9 print or preset the type for printing a legislative measure before its
4-10 introduction upon the consent of the person or persons requesting the
4-11 measure. If the measure has been requested by a legislator, the
4-12 superintendent shall promptly comply with this request.
4-13 Sec. 6. Section 8 of chapter 489, Statutes of Nevada 1999, at page
4-14 2530, is hereby amended to read as follows:
4-15 Sec. 8. 1. The coalition must be governed by a board consisting
4-16 of 10 members.
4-17 2. The members of the board must be appointed as follows:
4-18 (a) Two members appointed by the Board of County
4-19 Commissioners of Clark County from its membership, one of whom is
4-20 a member of the debt management commission established pursuant
4-21 to subsection 1 of NRS 350.002;
4-22 (b) Two members appointed by the City Council of the City of Las
4-23 Vegas from its membership, one of whom is a member of the debt
4-24 management commission established pursuant to subsection 1 of NRS
4-25 350.002;
4-26 (c) Two members appointed by the City Council of the City of
4-27 North Las Vegas from its membership, one of whom is a member of
4-28 the debt management commission established pursuant to subsection
4-29 1 of NRS 350.002;
4-30 (d) Two members appointed by the City Council of the City of
4-31 Henderson from its membership, one of whom is a member of the
4-32 debt management commission established pursuant to subsection 1 of
4-33 NRS 350.002;
4-34 (e) One member appointed by the City Council of Boulder City
4-35 from its membership who is a member of the debt management
4-36 commission established pursuant to subsection 1 of NRS 350.002; and
4-37 (f) One member appointed by the Board of Trustees of the Clark
4-38 County School District from its membership who is a member of the
4-39 debt management commission established pursuant to subsection 1 of
4-40 NRS 350.002.
4-41 3. The term of each member of the board is coterminous with his
4-42 term of elected office unless the public entity that appointed him
4-43 revokes his appointment to the board.
4-44 4. [If a member fails to attend three consecutive meetings or fails
4-45 to attend five meetings during a calendar year, his appointment is
4-46 automatically revoked.
4-47 5.] If a member is unable to serve for the duration of his term or
4-48 has his membership revoked, his position becomes vacant. A vacancy
4-49 on the board must be filled by the authority which was entitled to
5-1 appoint the member whose position is vacant. A vacancy must be
5-2 filled within 45 days after the departure of the member. The term of a
5-3 member appointed by the board to fill a vacancy is the remainder of
5-4 the term of the member whose position is vacant.
5-5 Sec. 7. Section 11 of chapter 489, Statutes of Nevada 1999, at page
5-6 2531, is hereby amended to read as follows:
5-7 Sec. 11. The board shall:
5-8 1. Adopt rules or bylaws that govern its management and affairs
5-9 [.] , including, without limitation, rules or bylaws pertaining to the
5-10 attendance of members of the board at meetings of the board.
5-11 2. Prepare and adopt an annual budget.
5-12 Sec. 8. This act becomes effective on July 1, 2001.
5-13 H