[Rev. 11/22/2013 3:21:26 PM--2013]

LAKE TAHOE BASIN ACT OF 2009

Chapter 431, Statutes of Nevada 2009

AN ACT relating to the Lake Tahoe Basin; authorizing the issuance of general obligation bonds to carry out a program for the protection of the Lake Tahoe Basin; extending the period for the issuance of certain bonds to carry out the program; and providing other matters properly relating thereto.

[Approved: June 3, 2009]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

      Whereas, The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable; and

      Whereas, This State has a compelling interest in preserving, protecting, restoring and enhancing the natural environment of the Lake Tahoe Basin; and

      Whereas, The preservation, protection, restoration and enhancement of the natural environment of the Lake Tahoe Basin is a matter of such significance that it must be carried out on a continual basis; and

      Whereas, In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed a Memorandum of Agreement between the Federal Interagency Partnership on the Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe of Nevada and California, the Tahoe Regional Planning Agency and interested local governments, in which the parties affirmed their commitment to the Tahoe Regional Planning Compact, to the sound management and protection of the resources within the Lake Tahoe Basin and the support of a healthy, sustainable economy and to achieve environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out, including, without limitation, providing financial support for, the Environmental Improvement Program; and

      Whereas, The costs of carrying out the Environmental Improvement Program have been apportioned among the Federal Government, the States of Nevada and California and the local governments and private property owners within both states; and

      Whereas, The cost of a continued investment in carrying out the Environmental Improvement Program for the State of Nevada and its political subdivisions is $100,000,000 for the next 10-year period; now, therefore,

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

      Section 1.  Environmental Improvement Program: Funding; initial issuance of bonds.  Money to carry out the Environmental Improvement Program for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $4,420,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in this subsection, must be used as follows:

      1.  Activities related to the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:

      (a) Continued implementation of forest restoration projects................ $1,000,000

      (b) Improvement of day and overnight recreational facilities.................. $500,000

      (c) Development of a comprehensive trail system...................................... $500,000

      (d) Protection of sensitive species................................................................... $150,000

      (e) Control of invasive terrestrial and aquatic species................................ $100,000

      2.  Water quality, erosion control and stream restoration and enhancement projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements $2,000,000

      3.  Contingency money to carry out environmental improvement projects $170,000

      (Ch. 431, Stats. 2009 p. 2416)

      Sec. 2.  Administration and expenditure of money.

      1.  The Division of State Lands of the State Department of Conservation and Natural Resources may combine the contingency money authorized pursuant to subsection 3 of section 1 of this act with any other contingency money authorized by the Legislature to carry out an environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin.

      2.  If an amount authorized to carry out the projects set forth in section 1 of this act or any other environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin is insufficient to allow the completion of the project for which it is authorized, including, without limitation, any monitoring necessary to ensure the continued effectiveness of the project:

      (a) The Division of State Lands may, without the prior approval of the Interim Finance Committee, allocate the contingency money authorized pursuant to subsection 3 of section 1 of this act, including any money combined therewith pursuant to subsection 1, to carry out an environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin, notwithstanding the provisions of section 2 of chapter 504, Statutes of Nevada 2007, at page 2925, section 2 of chapter 298, Statutes of Nevada 2005, at page 1031, section 2 of chapter 438, Statutes of Nevada 2003, at page 2656, section 2 of chapter 302, Statutes of Nevada 2001, at page 1428, and subsection 2 of section 1 of chapter 514, Statutes of Nevada 1999, at page 2627; and

      (b) Upon the request of the Division of State Lands, the Interim Finance Committee may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another environmental improvement project or projects that are paid for with money from the Fund to Protect the Lake Tahoe Basin by the amount of the increase.

      3.  The Division of State Lands may use money authorized pursuant to section 1 of this act for a project other than a project listed in section 1 of this act if the Interim Finance Committee approves such a use in writing before the Division of State Lands engages in the project.

      (Ch. 431, Stats. 2009 p. 2416)

      Sec. 3.  Environmental Improvement Program: Funding.  Money to carry out the Environmental Improvement Program during the period between the fiscal year beginning on July 1, 2009, and the fiscal year ending on June 30, 2020, in an amount not to exceed $100,000,000 must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $100,000,000. With the prior approval of the Legislature or the Interim Finance Committee, the bonds may be issued from time to time pursuant to a schedule established by the Administrator of the Division of State Lands. Section 1 of this act constitutes the approval by the Legislature for the issuance of $4,420,000 of such bonds pursuant to this section. The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance of bonds pursuant to this subsection.

      (Ch. 431, Stats. 2009 p. 2417)

      Sec. 4.  Environmental Improvement Program: Reduction of amount of bonds authorized under certain circumstances.  The amount of bonds authorized by section 3 of this act must be reduced by the amount of any money appropriated by the Legislature for the same purpose upon certification by the Administrator of the Division of State Lands of the amount of each such appropriation to the State Board of Finance. The Administrator of the Division of State Lands shall submit a request to the Legislature each biennium, as necessary, for an appropriation for the Program.

      (Ch. 431, Stats. 2009 p. 2417)

      Sec. 5.  Grants and agreements to carry out Program: Issuance; regulations.  The Administrator of the Division of State Lands may issue grants to or enter into agreements with state and federal agencies, local governments, nonprofit organizations and other persons or entities to carry out the program established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627. The Administrator shall adopt such regulations as are necessary for awarding the grants or entering into the agreements.

      (Ch. 431, Stats. 2009 p. 2417)

      Sec. 6.  Legislative findings and declaration.  The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act:

      1.  Are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof; and

      2.  Constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the Constitution of the State of Nevada.

      (Ch. 431, Stats. 2009 p. 2417)