Senate Bill No. 328–Senator Amodei

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Provides for the establishment of regional development districts. (BDR 22‑311)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to regional development; providing for the establishment of regional development districts; designating the Western Nevada Development District as such a district; 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. Chapter 277 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 20, inclusive, of this

1-3  act.

1-4  Sec. 2.  1.  The Legislature hereby finds that:

1-5  (a) Problems of development in urban and rural regions of the

1-6  State so transcend the boundary lines of governmental units that

1-7  no single unit can plan for their solution without affecting other

1-8  units in the region;

1-9  (b) Coordination of multijurisdictional activities is essential to

1-10  the development and implementation of effective policies and

1-11  programs; and

1-12      (c) Intergovernmental cooperation is an effective means of

1-13  pooling the resources of local government to approach common

1-14  problems and opportunities to make the most effective use of local,

1-15  state, federal and private programs in serving the citizens of such

1-16  urban and rural regions.

2-1  2.  It is the purpose of sections 2 to 20, inclusive, of this act to

2-2  authorize the establishment of regional development districts to

2-3  work with and on behalf of governmental units to develop plans or

2-4  implement programs to address economic, social, physical and

2-5  governmental concerns of each region of the State.

2-6  3.  A regional development district shall, as directed by its

2-7  board, serve as a regional resource center and shall provide

2-8  planning, community and economic development, and technical

2-9  assistance to local governments that are members of the district

2-10  and may provide assistance to industrial development

2-11  organizations, tourism promotion organizations, community

2-12  development groups and similar organizations upon request.

2-13      Sec. 3.  For the purposes of sections 2 to 20, inclusive, of this

2-14  act, the words and terms defined in sections 4 to 8, inclusive, of

2-15  this act have the meanings ascribed to them in those sections.

2-16      Sec. 4.  “Board” means the board of directors of a regional

2-17  development district.

2-18      Sec. 5.  “Development region” or “region” means two or

2-19  more contiguous counties whose boundaries constitute the

2-20  geographic area of a regional development district.

2-21      Sec. 6.  “Governmental unit” means a county, city, town or

2-22  other political subdivision of the State.

2-23      Sec. 7.  “Regional development district” or “district” means a

2-24  district created pursuant to sections 2 to 20, inclusive, of this act.

2-25      Sec. 8.  “Subregional” means pertaining to a portion of a

2-26  development region.

2-27      Sec. 9.  1.  Any combination of counties and cities

2-28  representing a majority of the population of the region for which a

2-29  district is proposed may petition the Governor by formal resolution

2-30  setting forth their desire to establish and the need for the

2-31  establishment of a regional development district. The proposed

2-32  district must consist of two or more contiguous counties. For the

2-33  purposes of this subsection, the population of a county does not

2-34  include the population of a city within the county.

2-35      2.  Within 60 days after the receipt of a petition that satisfies

2-36  the requirements of subsection 1, the Governor shall establish a

2-37  regional development district and shall notify all governmental

2-38  units within the region for which the district is proposed.

2-39      3.  Within 60 days after the establishment of a regional

2-40  development district by the Governor, each county and city in the

2-41  development region, except the counties and cities that petitioned

2-42  the Governor for formation of the district, may meet to determine

2-43  whether to become members of the district. The counties and cities

2-44  that petitioned for the formation of the district and those that elect

2-45  pursuant to this subsection to become members shall each appoint

3-1  one member of their governing bodies to organize the district

3-2  pursuant to section 10 of this act.

3-3  Sec. 10.  1.  The initial governing body of a regional

3-4  development district consists of the representatives of the counties

3-5  and cities appointed pursuant to section 9 of this act. The initial

3-6  governing body shall meet to determine the composition of the

3-7  board of directors of the district. The board must include:

3-8  (a) At least one representative of each county and city that has

3-9  elected to be a member of the district;

3-10      (b) At least one member from each economic development

3-11  authority in the development region that is recognized by the

3-12  Executive Director of the Commission on Economic Development;

3-13      (c) At least one member appointed by the native American

3-14  tribal councils located in the region; and

3-15      (d) Representatives of the general public in the development

3-16  region representing broad public interests within the region and a

3-17  diversity of membership based on factors such as age, gender and

3-18  race.

3-19  At least 51 percent of the members of the board must be elected

3-20  officers who represent counties and cities in the region.

3-21      2.  After the initial governing body has established a board,

3-22  the board shall meet to adopt bylaws setting forth its procedures

3-23  and governing its operations. The bylaws must provide for the

3-24  terms of office and method of selection of members of the board,

3-25  and must establish a name for the organization.

3-26      3.  The board shall annually establish an operating budget,

3-27  the amount of dues that must be paid by members of the district

3-28  and a schedule for payment of the dues.

3-29      4.  Membership in a regional development district is

3-30  voluntary. Each county and city within the development region

3-31  shall determine annually whether to remain or become a member

3-32  of the regional development district. If a county or city determines

3-33  to become a member of the district, it shall pay the dues

3-34  established pursuant to subsection 3. A county or city that is not a

3-35  member of the district is not entitled to be represented on the

3-36  board.

3-37      Sec. 11.  1.  The chairman of the board must be a person

3-38  experienced in the field of government affairs. The chairman shall

3-39  preside at the meetings of the board and is responsible for

3-40  management of the board. The chairman must be elected from the

3-41  membership of the board according to procedures established in

3-42  its bylaws.

3-43      2.  The board shall elect a secretary and such other officers as

3-44  it deems necessary for the conduct of its affairs. Times and places

3-45  of regular and special meetings must be fixed by the district and

4-1  may be provided in the bylaws. The board may establish

4-2  committees, divisions, departments and bureaus, and may employ

4-3  such staff as is necessary to carry out its duties. Officers and

4-4  employees of the district serve at the pleasure of the board.

4-5  3.  The board shall appoint an executive director to serve as

4-6  the chief administrative officer of the district. The executive

4-7  director is responsible for carrying out all policy decisions of the

4-8  board, and must be selected on the basis of training and

4-9  experience in the field of government affairs.

4-10      4.  The board may adopt a personnel system for its officers

4-11  and employees, including terms and conditions for employment,

4-12  compensation, classification, benefits, the filing of fidelity bonds

4-13  and such other policies of insurance as it deems advisable. The

4-14  district shall pay the premiums for any such insurance. The

4-15  employees of the district are public employees within the meaning

4-16  of chapters 281, 286 and 287 of NRS.

4-17      5.  The board shall direct that independent audits be

4-18  conducted of the district as required pursuant to state or federal

4-19  law or as the board deems necessary or appropriate.

4-20      6.  The board may contract for the services of consultants to

4-21  perform engineering, legal or other services of a professional

4-22  nature for peak workloads, continuing advice on program

4-23  direction, and for specialized and technical services.

4-24      Sec. 12.  1.  A district has and may exercise all powers which

4-25  are necessary or convenient to enable it to perform and carry out

4-26  the duties and responsibilities of sections 2 to 20, inclusive, of this

4-27  act.

4-28      2.  A district may prepare and submit for adoption, after

4-29  appropriate study and such public hearings as it deems necessary,

4-30  comprehensive economic development strategies and other plans

4-31  for governmental units, individually or collectively within the

4-32  region. Plans may consist of policy statements, goals, standards,

4-33  programs and maps prescribing guides for orderly development

4-34  within the jurisdiction subject to the plan. The plans must

4-35  recognize and incorporate planning principles which encompass

4-36  physical, social or economic needs of the region. In preparing

4-37  development plans, the district shall use, to the maximum extent

4-38  feasible, the resources, studies and data available from other

4-39  planning agencies within the region, including counties, cities,

4-40  special districts and subregional planning agencies, and the

4-41  resources of state agencies.

4-42      3.  The creation of a regional development district does not

4-43  affect the right of counties or cities to conduct local or subregional

4-44  planning. It is the purpose of sections 2 to 20, inclusive, of this act

4-45  to encourage local and subregional planning. A regional

5-1  development district shall, as far as is practicable, use the data,

5-2  resources and input of local planning agencies.

5-3  Sec. 13.  1.  A governmental unit may request that a

5-4  regional development district review, comment and provide

5-5  advisory recommendations on local plans or development

5-6  proposals.

5-7  2.  A district may provide basic administrative, research and

5-8  planning services for other regional bodies within the boundaries

5-9  of the development district assisted by Federal or State

5-10  Government. Development districts may contract to obtain from or

5-11  to perform services for state agencies, for profit or nonprofit

5-12  entities, for subdistricts organized as the result of federal or state

5-13  programs, and with local governments.

5-14      3.  A regional development district may be designated as a

5-15  regional data center providing data collection, storage, analysis

5-16  and dissemination to be used by it and other governmental and

5-17  private users, and may establish fees to provide this service.

5-18      4.  A regional development district may study the feasibility of

5-19  programs relating to water, land use, economic development,

5-20  housing, demographics, cultural issues, governmental issues,

5-21  human services, natural resources, communication, technology,

5-22  transportation and other subjects of concern to the citizens of the

5-23  region. A district may institute demonstration projects in

5-24  connection with such studies, and may enter into contracts for

5-25  such purposes as otherwise authorized in sections 2 to 20,

5-26  inclusive, of this act.

5-27      5.  Upon approval of the appropriate authority from local,

5-28  state and federal government agencies, a regional development

5-29  district may be deemed a general purpose unit of government to

5-30  receive funds and operate programs on a regional or subregional

5-31  basis.

5-32      6.  A regional development district may buy, lease, acquire,

5-33  own, hold, improve, and use real or personal property or an

5-34  interest in property, wherever located in the State, for purposes of

5-35  housing the administrative office of the district and for such other

5-36  purposes as may be authorized, required or deemed necessary by

5-37  the board.

5-38      7.  A regional development district may sell, convey, mortgage,

5-39  create a security interest in, lease, exchange, transfer, or dispose

5-40  of all or part of its real or personal property or an interest in

5-41  property, wherever located in the State.

5-42      8.  A regional development district may contract with

5-43  governmental units to provide them with services and technical

5-44  assistance in the conduct of local planning and development

5-45  activities.

6-1  Sec. 14.  1.  A regional development district may establish a

6-2  nonprofit corporation for any purpose for which the district is

6-3  authorized to act pursuant to sections 2 to 20, inclusive, of this act,

6-4  including increasing the supply of affordable housing and

6-5  improving opportunities for home ownership in a development

6-6  region. A nonprofit corporation formed pursuant to this section

6-7  may, among other things, acquire land and buildings, accept

6-8  private, state and federal grant and loan funds, construct and

6-9  rehabilitate housing units, and buy, sell or manage housing within

6-10  the boundaries of the development district.

6-11      2.  A regional development district may receive and administer

6-12  private, state and federal affordable housing funds to increase the

6-13  supply of affordable housing and to improve opportunities for

6-14  home ownership within the boundaries of the district. The creation

6-15  of a regional development district does not affect the right of a

6-16  county or city to receive and administer affordable housing funds

6-17  or to develop and implement subregional affordable housing

6-18  programs.

6-19      Sec. 15.  1.  A county may request modification of regional

6-20  boundaries and assignment to a development region other than

6-21  that to which it is assigned, or may request to be added to an

6-22  existing region if the county is not included within any region.

6-23      2.  A county may not be assigned to a development region

6-24  unless the county is contiguous to the region.

6-25      3.  Except as otherwise provided in subsection 4, a county may

6-26  not be added to a development region unless the request for

6-27  reassignment or addition is approved by the board of the district to

6-28  which the county would be added and, if the request is for

6-29  reassignment, the board of the district from which the county is

6-30  moving.

6-31      4.  A county that has been denied approval to be added to a

6-32  region may appeal the decision to the Governor. The

6-33  determination of the Governor concerning the assignment of a

6-34  county to a region is final.

6-35      Sec. 16.  1.  On or before June 1 of each year, a regional

6-36  development district shall prepare a report for the governmental

6-37  units and the public within the region, the Legislature and the

6-38  Governor. The report must include:

6-39      (a) A statement of the district’s receipts and expenditures by

6-40  category since the preceding report;

6-41      (b) A detailed budget for the year in which the report is filed

6-42  and a tentative budget for the following year, including an outline

6-43  of its program for that period;

6-44      (c) A description of any plan adopted in whole or in part for

6-45  the region;

7-1  (d) Summaries of any studies and the recommendations

7-2  resulting therefrom made for the region;

7-3  (e) A summary of significant accomplishments;

7-4  (f) A listing of plans of governmental units submitted to the

7-5  district pursuant to section 13 of this act, and actions taken in

7-6  relationship thereto;

7-7  (g) Recommendations of the district regarding federal and

7-8  state programs, cooperation, funding and legislative needs; and

7-9  (h) A summary of any audit report made during the previous

7-10  fiscal year relative to the district.

7-11      2.  At least every 5 years, a regional development district shall

7-12  review its activities and issue a report assessing its performance in

7-13  fulfilling the purposes of sections 2 to 20, inclusive, of this act.

7-14  The report must address whether the existence of the district is in

7-15  the public welfare and interest.

7-16      Sec. 17.  A regional development district may appoint

7-17  advisory committees of interested and affected citizens and elected

7-18  officers to assist in the review of plans, programs and other

7-19  matters referred for review by the district. Whenever a special

7-20  advisory committee is required by any federal or state regional

7-21  program, the district shall, as far as is practicable, appoint such

7-22  committees as advisory groups to the district. Members of the

7-23  advisory committees serve without compensation, but may be

7-24  reimbursed for their reasonable expenses as determined by the

7-25  board.

7-26      Sec. 18.  1.  All state departments and agencies shall

7-27  cooperate with regional development districts established under

7-28  sections 2 to 20, inclusive, of this act, and shall make available to

7-29  them studies, reports, data, and other informational and technical

7-30  assistance within financial and personnel limitations.

7-31      2.  The Governor shall, to the maximum extent possible,

7-32  develop working agreements with state and federal departments

7-33  and agencies to ensure conformance with established development

7-34  regions and to avoid unnecessary duplication of services.

7-35      Sec. 19.  1.  The Governor shall designate a state agency to

7-36  be responsible for making grants to regional development districts

7-37  created under sections 2 to 20, inclusive, of this act from

7-38  appropriations made available for this purpose. Financial

7-39  assistance provided from the State General Fund must be

7-40  distributed in the following manner:

7-41      (a) Fifty percent of the total amount allocated must be divided

7-42  equally among the regional development districts.

7-43      (b) Twenty percent of the total amount allocated must be

7-44  divided among the regional development districts in the proportion

8-1  that the population of a district bears to the population of all

8-2  districts in the State.

8-3  (c) Thirty percent of the total amount allocated must be divided

8-4  among the regional development districts in the proportion that

8-5  the total population of the counties and cities who are members of

8-6  a district bears to the total population of all cities and counties that

8-7  are members of all districts in the State. For purposes of this

8-8  subsection, the population of a county does not include the

8-9  population of a city within the county.

8-10      2.  Financial assistance to previously established districts

8-11  must not be reduced during a biennium to allocate money to a

8-12  newly created regional development district.

8-13      3.  A regional development district may accept gifts, apply for

8-14  and use grants or loans of money or other property from the

8-15  United States, the State, or any person, local governmental body or

8-16  other entity for any purpose authorized pursuant to sections 2 to

8-17  20, inclusive, of this act, and may enter into agreements required

8-18  in connection therewith and may hold, use, and dispose of such

8-19  money or property in accordance with the terms of the gift, grant,

8-20  loan, agreement or contract relating thereto. For purposes of

8-21  receipt of state and federal funds for community or economic

8-22  development, regional districts shall be deemed to be general

8-23  purpose units of government and instrumentalities of the State.

8-24      4.  A regional development district shall, from time to time,

8-25  designate one or more official depositories for money of the

8-26  district. The designation must be in writing and must set forth all

8-27  the terms and conditions upon which the deposits are made, and

8-28  must be signed by the chairman and secretary, and made a part of

8-29  the official minutes of the board.

8-30      Sec. 20.  For the purposes of sections 2 to 20, inclusive, of

8-31  this act, the population of a county or city is the population

8-32  certified by the Governor pursuant to NRS 360.285.

8-33      Sec. 21.  1.  The Western Nevada Development District is

8-34  hereby designated a regional development district for the

8-35  development region for the purposes of sections 2 to 20, inclusive,

8-36  of this act, comprised of Carson City and Churchill, Douglas, Lyon,

8-37  Mineral, Pershing and Storey Counties.

8-38      2.  The Western Nevada Development District is entitled to

8-39  receive and administer private, state and federal affordable housing

8-40  funds to increase the supply of affordable housing and to improve

8-41  opportunities for home ownership within the boundaries of the

8-42  district pursuant to section 14 of this act.

 

8-43  H