(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT 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.
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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; requiring certain regional and state agencies to ensure, to the extent practicable, that certain of their plans and land use decisions are consistent with certain other regional and local plans; 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
2-1 (2) The annual plan for capital improvements that is prepared by each
2-2 local government in the region pursuant to NRS 278.0226;
2-3 (f) Develop and recommend, to the extent practicable, standardized
2-4 classifications for land use for the region;
2-5 (g) Consider and take necessary action with respect to any issue that the
2-6 regional planning coalition determines will have a significant impact on the
2-7 region, including, without limitation, projects of regional significance;
2-8 (h) Review, consider and make recommendations regarding applications
2-9 submitted to agencies of the Federal Government and applications for
2-10 federal assistance for federally-assisted programs or projects; and
2-11 (i) Designate allowable future land uses for each part of the county,
2-12 including, without limitation, the identification of each category of land use
2-13 in which the construction and operation of a public school is permissible.
2-14 The identification of a category of land use in which the construction and
2-15 operation of a public school is permissible must be carried out in
2-16 consultation with the county school district and include a determination of
2-17 whether there is sufficient land in the proximity of a residential
2-18 development to meet projected needs for public schools.
2-19 2. The regional planning coalition shall establish a definition for the
2-20 term “project of regional significance.” In establishing the definition, the
2-21 regional planning coalition shall consider:
2-22 (a) Existing definitions of the term within the Nevada Revised Statutes;
2-23 and
2-24 (b) That a project may have regional significance for several reasons,
2-25 including, without limitation, the potential impact that the project may have
2-26 on historic, archaeological, cultural, scenic and natural resources, public
2-27 facilities and public services within the region.
2-28 Sec. 2. NRS 278.02549 is hereby amended to read as follows:
2-29 278.02549 1. Each governing body, regional agency, state agency or
2-30 public utility that is located in whole or in part within the region shall, at
2-31 least every [2] 5 years, submit to the regional planning coalition for its
2-32 review all master plans, facilities plans and other similar plans of the
2-33 governing body, regional agency, state agency or public utility.
2-34 2. Each regional agency and state agency that is located in whole or
2-35 in part within the region shall, to the extent practicable, ensure that all
2-36 its master plans, facilities plans and other similar plans and decisions
2-37 pertaining to the use of land are consistent with:
2-38 (a) The comprehensive regional policy plan developed and adopted by
2-39 the regional planning coalition pursuant to NRS 278.02528; and
2-40 (b) The master plans, facilities plans and other similar plans of a city
2-41 or county which have been certified by the regional planning coalition
2-42 pursuant to subsection 4 of NRS 278.02577 as being in substantial
2-43 conformance with the comprehensive regional policy plan.
2-44 Sec. 3. NRS 278.02577 is hereby amended to read as follows:
2-45 278.02577 1. At least every [2] 5 years, the regional planning
2-46 coalition shall review the master plans, facilities plans and other similar
2-47 plans that it receives pursuant to NRS 278.02549, and determine whether
2-48 those plans are in substantial conformance with the comprehensive
2-49 regional policy plan.
3-1 2. If the regional planning coalition determines that a plan reviewed
3-2 pursuant to subsection 1 is not in substantial conformance with the
3-3 comprehensive regional policy plan, the regional planning coalition shall
3-4 return the plan to the submitting entity accompanied by recommendations
3-5 regarding the manner in which the submitting entity may bring the plan
3-6 into substantial conformance with the comprehensive regional policy plan.
3-7 3. Within 90 days after the date on which a submitting entity receives
3-8 the plan and recommendations from the regional planning coalition
3-9 pursuant to subsection 2, the submitting entity shall provide to the regional
3-10 planning coalition a written response setting forth the:
3-11 (a) Manner in which the submitting entity changed the plan to be in
3-12 substantial conformance with the comprehensive regional policy plan; or
3-13 (b) Reasons of the submitting entity for not bringing the plan into
3-14 substantial conformance.
3-15 4. If the regional planning coalition determines that all the plans that a
3-16 city or county is required to submit pursuant to NRS 278.02549 are in
3-17 substantial conformance with the comprehensive regional policy plan, the
3-18 regional planning coalition shall issue to the city or county a certificate or
3-19 other indicia of that determination. Upon receipt of such a certificate or
3-20 other indicia, the city or county, until the next time the regional planning
3-21 coalition reviews the plans of the city or county pursuant to subsection 1, is
3-22 entitled to establish its own policies and procedures with respect to
3-23 regional planning, to the extent that those policies and procedures do not
3-24 conflict with federal or state law.
3-25 5. The regional planning coalition may, within the limits of
3-26 legislative appropriations and other available money, provide grants to a
3-27 city or county if the regional planning coalition has issued to the city or
3-28 county a certificate or other indicia pursuant to subsection 4 of the
3-29 determination of the regional planning coalition that all the plans that
3-30 the city or county is required to submit pursuant to NRS 278.02549 are in
3-31 substantial conformance with the comprehensive regional policy plan.
3-32 Grants provided to a city or county pursuant to this subsection must be
3-33 expended by the city or county only to pay the costs of establishing,
3-34 maintaining and carrying out programs related to land use planning.
3-35 Sec. 4. Chapter 218 of NRS is hereby amended by adding thereto a
3-36 new section to read as follows:
3-37 1. The legislative counsel and the legal division of the legislative
3-38 counsel bureau shall prepare and assist in the preparation of legislative
3-39 measures at the request of a regional planning coalition if the legislative
3-40 measures are transmitted to the legislative counsel before September 1
3-41 preceding the commencement of the next regular session of the
3-42 legislature. A regional planning coalition may transmit to the legislative
3-43 counsel pursuant to this section not more than three legislative measures
3-44 for a regular legislative session.
3-45 2. Every requested legislative measure must set forth the substance
3-46 of the provisions which are desired or which may be needed with the
3-47 reasons therefor.
3-48 3. As used in this section, “regional planning coalition” has the
3-49 meaning ascribed to it in NRS 278.0172.
4-1 Sec. 5. NRS 218.240 is hereby amended to read as follows:
4-2 218.240 1. The legislative counsel and the legal division of the
4-3 legislative counsel bureau shall prepare and assist in the preparation and
4-4 amendment of legislative measures when requested or upon suggestion as
4-5 provided in NRS 218.240 to 218.255, inclusive[.] , and section 4 of this
4-6 act. Except as otherwise provided in those provisions, the legislative
4-7 counsel and the legal division of the legislative counsel bureau shall not
4-8 prepare or assist in the preparation and amendment of legislative measures
4-9 directly submitted or requested by a natural person, corporation, firm,
4-10 association or other entity, including an organization that represents
4-11 governmental agencies, unless the requester, or if the requester is a natural
4-12 person the office or other position held by the person, is created by the
4-13 constitution or laws of this state.
4-14 2. The legislative counsel shall give consideration to and service
4-15 concerning any measure before the legislature which is requested by the
4-16 governor, the senate or assembly, or any committee of the legislature
4-17 having the measure before it for consideration.
4-18 3. The legislative counsel may deliver to the superintendent of the state
4-19 printing division of the department of administration and request that he
4-20 print or preset the type for printing a legislative measure before its
4-21 introduction upon the consent of the person or persons requesting the
4-22 measure. If the measure has been requested by a legislator, the
4-23 superintendent shall promptly comply with this request.
4-24 Sec. 6. Section 8 of chapter 489, Statutes of Nevada 1999, at page
4-25 2530, is hereby amended to read as follows:
4-26 Sec. 8. 1. The coalition must be governed by a board consisting
4-27 of 10 members.
4-28 2. The members of the board must be appointed as follows:
4-29 (a) Two members appointed by the Board of County
4-30 Commissioners of Clark County from its membership, one of whom is
4-31 a member of the debt management commission established pursuant
4-32 to subsection 1 of NRS 350.002;
4-33 (b) Two members appointed by the City Council of the City of Las
4-34 Vegas from its membership, one of whom is a member of the debt
4-35 management commission established pursuant to subsection 1 of NRS
4-36 350.002;
4-37 (c) Two members appointed by the City Council of the City of
4-38 North Las Vegas from its membership, one of whom is a member of
4-39 the debt management commission established pursuant to subsection
4-40 1 of NRS 350.002;
4-41 (d) Two members appointed by the City Council of the City of
4-42 Henderson from its membership, one of whom is a member of the
4-43 debt management commission established pursuant to subsection 1 of
4-44 NRS 350.002;
4-45 (e) One member appointed by the City Council of Boulder City
4-46 from its membership who is a member of the debt management
4-47 commission established pursuant to subsection 1 of NRS 350.002; and
4-48 (f) One member appointed by the Board of Trustees of the Clark
4-49 County School District from its membership who is a member of the
5-1 debt management commission established pursuant to subsection 1 of
5-2 NRS 350.002.
5-3 3. The term of each member of the board is coterminous with his
5-4 term of elected office unless the public entity that appointed him
5-5 revokes his appointment to the board.
5-6 4. [If a member fails to attend three consecutive meetings or fails
5-7 to attend five meetings during a calendar year, his appointment is
5-8 automatically revoked.
5-9 5.] If a member is unable to serve for the duration of his term or
5-10 has his membership revoked, his position becomes vacant. A vacancy
5-11 on the board must be filled by the authority which was entitled to
5-12 appoint the member whose position is vacant. A vacancy must be
5-13 filled within 45 days after the departure of the member. The term of a
5-14 member appointed by the board to fill a vacancy is the remainder of
5-15 the term of the member whose position is vacant.
5-16 Sec. 7. Section 11 of chapter 489, Statutes of Nevada 1999, at page
5-17 2531, is hereby amended to read as follows:
5-18 Sec. 11. The board shall:
5-19 1. Adopt rules or bylaws that govern its management and affairs
5-20 [.] , including, without limitation, rules or bylaws pertaining to the
5-21 attendance of members of the board at meetings of the board.
5-22 2. Prepare and adopt an annual budget.
5-23 Sec. 8. This act becomes effective on July 1, 2001.
5-24 H