SUMMARY--Makes various changes concerning regional planning. (BDR 22-1269)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to regional planning; making various changes concerning regional planning in certain counties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. "Advisory committee" means the advisory committee on the quality of life to the regional planning council that is created pursuant to section 6 of this act.
Sec. 4. "Regional planning council" means the regional planning council for each county whose population is 400,000 or more that is created pursuant to section 7 of this act.
Sec. 5. "Technical committee" means the technical committee to the regional planning council that is created pursuant to section 8 of this act.
Sec. 6. 1. An advisory committee on the quality of life to the regional planning council is hereby created.
2. The advisory committee must consist of not less than five members who are appointed by the regional planning council. The regional planning council shall ensure that the members of the advisory committee are diverse in regard to gender, race, ethnicity and viewpoint. The term of each member of the advisory committee is 1 year.
3. The advisory committee shall:
(a) Advise the regional planning council regarding the quality of life within its jurisdiction.
(b) Specify relevant indicators of quality of life, which must include, without limitation, measures of natural resources and conservation, land use and development, public facilities and services and community resources.
Sec. 7. 1. There is hereby created in each county whose population is 400,000 or more a regional planning council consisting of nine members to be appointed as follows:
(a) Three members of the board of county commissioners of that county, appointed by the board, at least two of whom represent unincorporated areas of the county.
(b) Two members of the governing body of the largest incorporated city in the county, appointed by the governing body; and
(c) One member of the governing body of each of the next four largest incorporated cities in the county, appointed by the respective governing bodies.
2. Except for the terms of the initial members of the regional planning council, the term of each member is 2 years and until the selection and qualification of his successor. A member may be reappointed. A vacancy must be filled for the unexpired term in the same manner as the initial appointment.
3. A member of the regional planning council who ceases to be a member of the governing body that appointed him ceases to be a member of the regional planning council.
4. The regional planning council shall elect a chairman from among its members. The term of the chairman is 2 years.
Sec. 8. 1. The technical committee to the regional planning council is hereby created, consisting of:
(a) The planning director of the county and each incorporated city within the county or his designee;
(b) The chief planning officer of the school district within the county or his designee;
(c) The chief planning officer of the regional transportation commission within the county or his designee;
(d) The chief planning officer of a flood control district within the county or his designee; and
(e) Any other persons deemed appropriate by the regional planning council.
2. A member who ceases to hold the position of planning director or chief planning officer of the jurisdiction from which he is appointed ceases to be a member of the technical committee.
3. The technical committee shall elect a chairman from among its members. The term of the chairman is 1 year.
4. The technical committee shall:
(a) Review all plans and applications submitted to the regional planning council.
(b) Provide administrative support to the regional planning council.
Sec. 9. 1. The regional planning council shall, in consultation with the technical committee, develop a comprehensive regional plan for the physical development and orderly management of the growth of the region for a period of not less than 20 years.
2. In developing the regional plan pursuant to subsection 1, the regional planning council:
(a) May consult with other entities that are interested or involved in regional planning within the county.
(b) Shall establish criteria to determine:
(1) Projects of regional significance that may be constructed within the region.
(2) The areas within the region that may be designated as spheres of influence.
(c) Shall ensure that the regional plan includes goals, policies, maps and other documents relating to:
(1) Conservation and natural resources.
(2) Population, including, without limitation, a projection of population growth in the region.
(3) Land use and development.
(4) Transportation.
(5) Public facilities and services.
3. The regional planning council shall not adopt or amend the regional plan unless the adoption or amendment is by resolution of the regional planning council carried by the affirmative votes of not less than two-thirds of its total membership.
4. As used in this section:
(a) "Project of regional significance," with respect to a project proposed by any person other than a public utility, means a project which:
(1) Has been identified in the guidelines of the regional planning commission as a project which will result in the loss or significant degradation of a designated historic, archeological, cultural or scenic resource;
(2) Has been identified in the guidelines of the regional planning commission as a project which will result in the creation of significant new geothermal or mining operations;
(3) Has been identified in the guidelines of the regional planning commission as a project which will have a significant effect on the natural resources, public services, public facilities or the adopted regional form of the region; or
(4) Will require a change in zoning, a special use permit, an amendment to a master plan, a tentative map or other approval for the use of land which, if approved, will have an effect on the region of increasing:
(I) Employment by not less than 938 employees;
(II) Housing by not less than 625 units;
(III) Hotel accommodations by not less than 625 rooms;
(IV) Sewage by not less than 187,500 gallons per day;
(V) Water usage by not less than 625 acre-feet per year; or
(VI) Traffic by not less than an average of 6,250 trips daily.
The term does not include any project for which a request for an amendment to a master plan, a change in zoning, a tentative map or a special use permit has been approved by the local planning commission before July 1, 1997.
(b) "Project of regional significance," with respect to a project proposed by a public utility, includes:
(1) An electric substation;
(2) A transmission line that carries 60 kilovolts or more;
(3) A facility that generates electricity greater than 5 megawatts;
(4) Natural gas storage and peak shaving facilities; and
(5) Gas regulator stations and mains that operate over 100 pounds per square inch.
(c) "Sphere of influence" means an area into which a city plans to expand as designated in the regional plan within the time designated in the regional plan.
Sec. 10. The local governments represented on the regional planning council shall provide the necessary facilities, equipment, staff, supplies and other usual operating expenses necessary to enable the regional planning council and technical committee to function. The local governments shall enter into an agreement whereby those costs are shared by the local governments in proportion to the number of members that each appoints to the regional planning council. The agreement must also contain a provision specifying the responsibility of each local government to pay for legal services, if any, required by the regional planning council.
Sec. 11. The following entities shall, if otherwise required to submit plans to the public service commission of Nevada for approval, submit those plans to the technical committee for review and recommendations:
1. Regional agencies that are located in whole or in part within the county.
2. Governmental agencies that are located in whole or in part within the region, including, without limitation, the county school district and the department of prisons.
Sec. 12. A governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall not adopt a master plan, facility plan or other similar plan, or any amendment thereto, after July 1, 1997, unless the regional planning council has been afforded an opportunity to make recommendations regarding the plan or amendment.
Sec. 13. The regional planning council shall, on or before July 1 of each year, prepare and adopt a budget for the immediately succeeding fiscal year and shall submit that budget to each of the local governments within the region as a recommendation for funding.
Sec. 14. The regional planning council may contract with planners, engineers, architects and other consultants to carry out the provisions of sections 2 to 14, inclusive, of this act.
Sec. 15. Section 10 of this act is hereby amended to read as follows:
Sec. 10. The local governments represented on the regional planning council shall provide the necessary facilities, equipment, staff, supplies and other usual operating expenses necessary to enable the regional planning council , advisory committee and technical committee to function. The local governments shall enter into an agreement whereby those costs are shared by the local governments in proportion to the number of members that each appoints to the regional planning council. The agreement must also contain a provision specifying the responsibility of each local government to pay for legal services, if any, required by the regional planning council.
Sec. 16. Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, on or before May 1, 1999, submit to the regional planning council for its review all existing master plans, facility plans and other similar plans.
Sec. 17. The regional planning council shall:
1. On or before March 1, 1999:
(a) Adopt a comprehensive regional plan in accordance with section 9 of this act. Before approving the plan, the regional planning council must hold public hearings on the proposed plan in the cities and unincorporated areas within the county.
(b) In cooperation with local governmental entities within the county, develop guidelines to determine whether master plans established by those entities would conform with the comprehensive regional plan.
(c) Report to the legislature regarding the progress made in developing and adopting the comprehensive regional plan and any other recommendations the regional planning council may have for regional planning within the county. The recommendations must include amendments or additions to legislative measures or provisions of NRS that the regional planning council determines are necessary to:
(1) Ensure the adequacy and consistency of regional planning efforts within the region.
(2) Enable local governmental entities within the region to utilize their authority to govern in a more efficient manner.
2. On or before July 1, 1999:
(a) Examine master plans, facility plans and other similar plans submitted to the regional planning council pursuant to section 11 or 12 of this act to determine whether the plans:
(1) Conform with the comprehensive regional plan.
(2) Propose a project that would constitute a project of regional significance pursuant to criteria developed in accordance with section 9 of this act.
(b) Review, consider and make recommendations regarding applications from agencies of the Federal Government and applications for federal assistance for federally-assisted programs or projects.
3. On or before September 1, 1999, make final recommendations regarding plans examined by the regional planning council pursuant to paragraph (a) of subsection 2. If the regional planning council determines that a plan is not in conformance with the comprehensive regional plan, the regional planning council shall return the plan to the submitting entity with guidance as to how the submitting entity may bring the plan into conformance with the comprehensive regional plan and with instructions to resubmit the plan within 45 days.
Sec. 18. 1. In each county whose population is 400,000 or more, the board of county commissioners and the governing bodies of the five largest incorporated cities in the county shall, on or before October 1, 1997, appoint members to the regional planning council created by section 7 of this act in the manner set forth in that section.
2. The board of county commissioners and the governing bodies of the incorporated cities shall ensure that the terms of office of the initial members appointed to the regional planning council are staggered as follows:
(a) Five members shall serve terms of office of 2 years, commencing on October 1, 1997, and terminating on September 30, 1999.
(b) Four members shall serve terms of office of 1 year, commencing on October 1, 1997, and terminating on September 30, 1998.
The board of county commissioners and the governing bodies of the incorporated cities shall draw lots to determine which members shall serve terms of 2 years and which shall serve terms of 1 year.
3. On or before November 1, 1997, the regional planning council shall ensure that the members of the technical committee created pursuant to section 8 of this act take office in accordance with that section.
Sec. 19. On or before July 1, 1999, the regional planning council shall appoint to the advisory committee created pursuant to section 6 of this act not less than five members selected in accordance with that section.
Sec. 20. 1. This section and sections 1, 2, 4, 5, 7 to 14, inclusive, 16, 17 and 18 of this act become effective on July 1, 1997.
2. Sections 3, 6, 15 and 19 of this act become effective on July 1, 1999.