Assembly Bill No. 456–Committee on Government Affairs

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to employment of certain persons in connection with redevelopment projects. (BDR 22‑1295)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to redevelopment; requiring a redevelopment agency to obligate certain lessees or purchasers of property to comply with an employment plan; requiring a proposal for a redevelopment project to include an employment plan unless the redevelopment agency makes certain findings; requiring a redevelopment agency to provide that certain obligations of a purchaser which relate to an employment plan are covenants and conditions running with the land; requiring that, before a legislative body may adopt a plan as the official redevelopment plan for a redevelopment area, the plan must contain adequate provisions for the employment of persons who are members of certain traditionally disadvantaged demographic groups; 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 279.482 is hereby amended to read as follows:

1-2  279.482  1.  An agency [may] :

1-3  (a) May obligate lessees or purchasers of property acquired in a

1-4  redevelopment project to:

1-5  [(a)] (1) Use the property for the purpose designated in the

1-6  redevelopment plans.

2-1  [(b)] (2) Begin the redevelopment of the area within a period of

2-2  time which the agency fixes as reasonable.

2-3  [(c)] (3) Comply with other conditions which the agency deems

2-4  necessary to carry out the purposes of NRS 279.382 to 279.685,

2-5  inclusive, including, without limitation, the provisions of [an

2-6  employment plan or] a contract approved for a redevelopment

2-7  project.

2-8  (b) Shall obligate lessees or purchasers of property acquired in

2-9  a redevelopment project to comply with the provisions of any

2-10  applicable employment plan.

2-11      2.  [As appropriate for the particular project, each] Each

2-12  proposal for a redevelopment project must [also] include an

2-13  employment plan[.] unless the agency makes specific findings that

2-14  an employment plan would not be appropriate for the particular

2-15  redevelopment project. The employment plan must include:

2-16      (a) A description of the existing opportunities for employment

2-17  within the area;

2-18      (b) A projection of the effect that the redevelopment project will

2-19  have on opportunities for employment within the area; and

2-20      (c) A description of the manner in which an employer relocating

2-21  his business into the area plans to employ persons living within the

2-22  area of operation who are:

2-23          (1) Economically disadvantaged;

2-24          (2) Physically handicapped;

2-25          (3) Members of racial minorities;

2-26          (4) Veterans; or

2-27          (5) Women.

2-28      Sec. 2.  NRS 279.484 is hereby amended to read as follows:

2-29      279.484  [The]

2-30      1.  Except as otherwise provided in subsection 2, the agency

2-31  may provide in the contract that any of the obligations of the

2-32  purchaser are covenants or conditions running with the land, the

2-33  breach of which [shall cause] causes the fee to revert to the agency.

2-34      2.  The agency shall provide in the contract that any of the

2-35  obligations of the purchaser which are included within or related

2-36  to an employment plan are covenants or conditions running with

2-37  the land, the breach of which causes the fee to revert to the

2-38  agency.

2-39      3.  As used in this section, “employment plan” means the plan

2-40  described in subsection 2 of NRS 279.482.

2-41      Sec. 3.  NRS 279.586 is hereby amended to read as follows:

2-42      279.586  1.  If the legislative body determines that:

2-43      (a) The redevelopment area includes a blighted area, the

2-44  redevelopment of which is necessary to effectuate the public

2-45  purposes declared in NRS 279.382 to 279.685, inclusive;

3-1  (b) The redevelopment plan would redevelop the area in

3-2  conformity with NRS 279.382 to 279.685, inclusive, and is in the

3-3  interests of the peace, health, safety and welfare of the community;

3-4  (c) The redevelopment plan conforms to the general plan of the

3-5  community;

3-6  (d) The condemnation of real property, if provided for in the

3-7  redevelopment plan, is necessary to the execution of the

3-8  redevelopment plan and adequate provisions have been made for

3-9  payment for property to be acquired as provided by law;

3-10      (e) Adequate permanent housing is or will be made available in

3-11  the community for displaced occupants of the redevelopment area at

3-12  rents comparable to those in the community at the time of

3-13  displacement, if the redevelopment plan may result in the temporary

3-14  or permanent displacement of any occupants of housing in the

3-15  redevelopment area;

3-16      (f) All noncontiguous areas of a redevelopment area are either

3-17  blighted or necessary for effective redevelopment;

3-18      (g) Inclusion of any lands, buildings or improvements which are

3-19  not detrimental to the public health, safety or welfare is necessary

3-20  for the effective redevelopment of the area of which they are a part;

3-21  [and]

3-22      (h) Adequate provisions have been made for the payment of the

3-23  principal of and interest on any bonds which may be issued by the

3-24  agency, if provided for in the redevelopment plan[,]; and

3-25      (i) Adequate provisions have been included in the

3-26  redevelopment plan for the employment of persons described in

3-27  paragraph (c) of subsection 2 of NRS 279.482,

3-28  the legislative body may adopt, by ordinance, the plan as the official

3-29  redevelopment plan for the redevelopment area.

3-30      2.  The ordinance must:

3-31      (a) Contain a legal description of the boundaries of the

3-32  redevelopment area covered by the redevelopment plan;

3-33      (b) Set forth the purposes and intent of the legislative body with

3-34  respect to the redevelopment area;

3-35      (c) Designate the approved plan as the official redevelopment

3-36  plan of the redevelopment area and incorporate it by reference; and

3-37      (d) Contain the determinations of the legislative body as set

3-38  forth in subsection 1.

3-39      Sec. 4.  This act becomes effective on July 1, 2003.

 

3-40  H