SB328_EN

Senate Bill No. 328–Senator Amodei

CHAPTER..........

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:

Section 1. Chapter 277 of NRS is hereby amended by adding

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

act.

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

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

State so transcend the boundary lines of governmental units that

no single unit can plan for their solution without affecting other

units in the region;

(b) Coordination of multijurisdictional activities is essential to

the development and implementation of effective policies and

programs; and

pooling the resources of local government to approach common

problems and opportunities to make the most effective use of

local, state, federal and private programs in serving the citizens of

such urban and rural regions.

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

authorize the establishment of regional development districts to

work with and on behalf of governmental units to develop plans

or implement programs to address economic, social, physical and

governmental concerns of each region of the State.

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

board, serve as a regional resource center and shall provide

planning, community and economic development, and technical

assistance to local governments that are members of the district

and may provide assistance to industrial development

organizations, tourism promotion organizations, community

development groups and similar organizations upon request.

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

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

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

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

development district.

Sec. 5. “Development region” or “region” means two or

more contiguous counties whose boundaries constitute the

geographic area of a regional development district.

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

other political subdivision of the State.

Sec. 7. “Regional development district” or “district” means a

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

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

development region.

Sec. 9. 1. Any combination of counties and cities

representing a majority of the population of the region for which

a district is proposed may petition the Governor by formal

resolution setting forth their desire to establish and the need for

the establishment of a regional development district. The

proposed district must consist of two or more contiguous counties.

For the purposes of this subsection, the population of a county

does not include the population of a city within the county.

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

the requirements of subsection 1, the Governor shall establish a

regional development district and shall notify all governmental

units within the region for which the district is proposed.

3. Within 60 days after the establishment of a regional

development district by the Governor, each county and city in the

development region, except the counties and cities that petitioned

the Governor for formation of the district, may meet to determine

whether to become members of the district. The counties and

cities that petitioned for the formation of the district and those

that elect pursuant to this subsection to become members shall

each appoint one member of their governing bodies to organize

the district pursuant to section 10 of this act.

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

development district consists of the representatives of the counties

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

governing body shall meet to determine the composition of the

board of directors of the district. The board must include:

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

elected to be a member of the district;

(b) At least one member from each economic development

authority in the development region that is recognized by the

Executive Director of the Commission on Economic

Development;

tribal councils located in the region; and

(d) Representatives of the general public in the development

region representing broad public interests within the region and a

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

race.

At least 51 percent of the members of the board must be elected

officers who represent counties and cities in the region.

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

the board shall meet to adopt bylaws setting forth its procedures

and governing its operations. The bylaws must provide for the

terms of office and method of selection of members of the board,

and must establish a name for the organization.

3. The board shall annually establish an operating budget,

the amount of dues that must be paid by members of the district

and a schedule for payment of the dues.

4. Membership in a regional development district is

voluntary. Each county and city within the development region

shall determine annually whether to remain or become a member

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

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

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

member of the district is not entitled to be represented on the

board.

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

experienced in the field of government affairs. The chairman

shall preside at the meetings of the board and is responsible for

management of the board. The chairman must be elected from the

membership of the board according to procedures established in

its bylaws.

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

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

of regular and special meetings must be fixed by the district and

may be provided in the bylaws. The board may establish

committees, divisions, departments and bureaus, and may employ

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

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

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

the chief administrative officer of the district. The executive

director is responsible for carrying out all policy decisions of the

board, and must be selected on the basis of training and

experience in the field of government affairs.

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

and employees, including terms and conditions for employment,

compensation, classification, benefits, the filing of fidelity bonds

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

district shall pay the premiums for any such insurance. The

employees of the district are public employees within the meaning

of chapters 281, 286 and 287 of NRS.

5. The board shall direct that independent audits be

conducted of the district as required pursuant to state or federal

law or as the board deems necessary or appropriate.

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

perform engineering, legal or other services of a professional

nature for peak workloads, continuing advice on program

direction, and for specialized and technical services.

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

are necessary or convenient to enable it to perform and carry out

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

act.

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

appropriate study and such public hearings as it deems necessary,

comprehensive economic development strategies and other plans

for governmental units, individually or collectively within the

region. Plans may consist of policy statements, goals, standards,

programs and maps prescribing guides for orderly development

within the jurisdiction subject to the plan. The plans must

recognize and incorporate planning principles which encompass

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

development plans, the district shall use, to the maximum extent

feasible, the resources, studies and data available from other

planning agencies within the region, including counties, cities,

special districts and subregional planning agencies, and the

resources of state agencies.

3. The creation of a regional development district does not

affect the right of counties or cities to conduct local or

subregional planning. It is the purpose of sections 2 to 20,

inclusive, of this act to encourage local and subregional planning.

A regional development district shall, as far as is practicable, use

the data, resources and input of local planning agencies.

Sec. 13. 1. A governmental unit may request that a

regional development district review, comment and provide

advisory recommendations on local plans or development

proposals.

2. A district may provide basic administrative, research and

planning services for other regional bodies within the boundaries

of the development district assisted by Federal or State

Government. Development districts may contract to obtain from

or to perform services for state agencies, for profit or nonprofit

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

programs, and with local governments.

3. A regional development district may be designated as a

regional data center providing data collection, storage, analysis

and dissemination to be used by it and other governmental and

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

4. A regional development district may study the feasibility of

programs relating to water, land use, economic development,

housing, demographics, cultural issues, governmental issues,

human services, natural resources, communication, technology,

transportation and other subjects of concern to the citizens of the

region. A district may institute demonstration projects in

connection with such studies, and may enter into contracts for

such purposes as otherwise authorized in sections 2 to 20,

inclusive, of this act.

5. Upon approval of the appropriate authority from local,

state and federal government agencies, a regional development

district may be deemed a general purpose unit of government to

receive funds and operate programs on a regional or subregional

basis.

6. A regional development district may buy, lease, acquire,

own, hold, improve, and use real or personal property or an

interest in property, wherever located in the State, for purposes of

housing the administrative office of the district and for such other

purposes as may be authorized, required or deemed necessary by

the board.

7. A regional development district may sell, convey, mortgage,

create a security interest in, lease, exchange, transfer, or dispose

of all or part of its real or personal property or an interest in

property, wherever located in the State.

8. A regional development district may contract with

governmental units to provide them with services and technical

assistance in the conduct of local planning and development

activities.

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

nonprofit corporation for any purpose for which the district is

authorized to act pursuant to sections 2 to 20, inclusive, of this

act, including increasing the supply of affordable housing and

improving opportunities for home ownership in a development

region. A nonprofit corporation formed pursuant to this section

may, among other things, acquire land and buildings, accept

private, state and federal grant and loan funds, construct and

rehabilitate housing units, and buy, sell or manage housing

within the boundaries of the development district.

2. A regional development district may receive and administer

private, state and federal affordable housing funds to increase the

supply of affordable housing and to improve opportunities for

home ownership within the boundaries of the district. The

creation of a regional development district does not affect the

right of a county or city to receive and administer affordable

housing funds or to develop and implement subregional

affordable housing programs.

Sec. 15. 1. A county may request modification of regional

boundaries and assignment to a development region other than

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

existing region if the county is not included within any region.

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

unless the county is contiguous to the region.

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

not be added to a development region unless the request for

reassignment or addition is approved by the board of the district

to which the county would be added and, if the request is for

reassignment, the board of the district from which the county is

moving.

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

region may appeal the decision to the Governor. The

determination of the Governor concerning the assignment of a

county to a region is final.

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

development district shall prepare a report for the governmental

units and the public within the region, the Legislature and the

Governor. The report must include:

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

category since the preceding report;

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

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

of its program for that period;

the region;

(d) Summaries of any studies and the recommendations

resulting therefrom made for the region;

(e) A summary of significant accomplishments;

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

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

relationship thereto;

(g) Recommendations of the district regarding federal and

state programs, cooperation, funding and legislative needs; and

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

fiscal year relative to the district.

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

review its activities and issue a report assessing its performance in

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

The report must address whether the existence of the district is in

the public welfare and interest.

Sec. 17. A regional development district may appoint

advisory committees of interested and affected citizens and elected

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

matters referred for review by the district. Whenever a special

advisory committee is required by any federal or state regional

program, the district shall, as far as is practicable, appoint such

committees as advisory groups to the district. Members of the

advisory committees serve without compensation, but may be

reimbursed for their reasonable expenses as determined by the

board.

Sec. 18. 1. All state departments and agencies shall

cooperate with regional development districts established under

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

them studies, reports, data, and other informational and technical

assistance within financial and personnel limitations.

2. The Governor shall, to the maximum extent possible,

develop working agreements with state and federal departments

and agencies to ensure conformance with established

development regions and to avoid unnecessary duplication of

services.

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

be responsible for making grants to regional development districts

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

appropriations made available for this purpose. Financial

assistance provided from the State General Fund must be

distributed in the following manner:

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

equally among the regional development districts.

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

divided among the regional development districts in the

proportion that the population of a district bears to the population

of all districts in the State.

among the regional development districts in the proportion that

the total population of the counties and cities who are members of

a district bears to the total population of all cities and counties

that are members of all districts in the State. For purposes of this

subsection, the population of a county does not include the

population of a city within the county.

2. Financial assistance to previously established districts

must not be reduced during a biennium to allocate money to a

newly created regional development district.

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

and use grants or loans of money or other property from the

United States, the State, or any person, local governmental body

or other entity for any purpose authorized pursuant to sections 2

to 20, inclusive, of this act, and may enter into agreements

required in connection therewith and may hold, use, and dispose

of such money or property in accordance with the terms of the

gift, grant, loan, agreement or contract relating thereto. For

purposes of receipt of state and federal funds for community or

economic development, regional districts shall be deemed to be

general purpose units of government and instrumentalities of the

State.

4. A regional development district shall, from time to time,

designate one or more official depositories for money of the

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

the terms and conditions upon which the deposits are made, and

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

the official minutes of the board.

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

this act, the population of a county or city is the population

certified by the Governor pursuant to NRS 360.285.

Sec. 21. 1. The Western Nevada Development District is

hereby designated a regional development district for the

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

of this act, comprised of Carson City and Churchill, Douglas, Lyon,

Mineral, Pershing and Storey Counties.

2. The Western Nevada Development District is entitled to

receive and administer private, state and federal affordable housing

funds to increase the supply of affordable housing and to improve

opportunities for home ownership within the boundaries of the

district pursuant to section 14 of this act.

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