Assembly Bill No. 305–Assemblymen Angle, Gustavson, Knecht, Carpenter and Mortenson

 

March 13, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Provides for withdrawal of State of Nevada from Tahoe Regional Planning Compact. (BDR 22‑801)

 

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 land use planning; providing for the withdrawal of the State of Nevada from the Tahoe Regional Planning Compact; 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. The State of Nevada hereby withdraws from the

1-2  Tahoe Regional Planning Compact pursuant to the provisions of

1-3  paragraph (c) of Article X of the Tahoe Regional Planning Compact.

1-4  Sec. 2.  NRS 321.5952 is hereby amended to read as follows:

1-5  321.5952  The Legislature hereby finds and declares that:

1-6  1.  The Lake Tahoe Basin exhibits unique environmental and

1-7  ecological conditions that are irreplaceable.

1-8  2.  Certain of the unique environmental and ecological

1-9  conditions exhibited within the Lake Tahoe Basin, such as the

1-10  clarity of the water in Lake Tahoe, are diminishing at an alarming

1-11  rate.

1-12      3.  This state has a compelling interest in preserving, protecting,

1-13  restoring and enhancing the natural environment of the Lake Tahoe

1-14  Basin.

1-15      4.  The preservation, protection, restoration and enhancement of

1-16  the natural environment of the Lake Tahoe Basin is a matter of such

1-17  significance that it must be carried out on a continual basis.

2-1  5.  It is in the best interest of this state to grant to the Division

2-2  continuing authority to carry out programs to preserve, protect,

2-3  restore and enhance the natural environment of the Lake Tahoe

2-4  Basin.

2-5  [6.  The powers and duties set forth in NRS 321.5952 to

2-6  321.5957, inclusive, are intended to be exercised by the Division in

2-7  a manner that complements and does not duplicate the activities of

2-8  the Tahoe Regional Planning Agency.]

2-9  Sec. 3.  NRS 321.655 is hereby amended to read as follows:

2-10      321.655  As used in NRS 321.640 to 321.770, inclusive:

2-11      1.  “Administrator” means the executive head of the Division.

2-12      2.  “Area of critical environmental concern” means any area in

2-13  this state where there is or could develop irreversible degradation of

2-14  more than local significance but does not include an area of

2-15  depleting water supply which is caused by the beneficial use or

2-16  storage of water in other areas pursuant to legally owned and fully

2-17  appropriated water rights.

2-18      3.  “Planning agency” means:

2-19      (a) The planning commission for the city in which the land is

2-20  entirely located; or

2-21      (b) A county or regional planning commission, if there is one, or

2-22  the board of county commissioners [or Nevada Tahoe Regional

2-23  Planning Agency,] within whose jurisdiction the land is located.

2-24      4.  “Public lands” means all lands within the exterior

2-25  boundaries of the State of Nevada except lands:

2-26      (a) To which title is held by any private person or entity;

2-27      (b) To which title is held by the State of Nevada, any of its local

2-28  governments or the University and Community College System of

2-29  Nevada;

2-30      (c) Which are located within congressionally authorized national

2-31  parks, monuments, national forests or wildlife refuges, or which are

2-32  lands acquired by purchase consented to by the Legislature;

2-33      (d) Which are controlled by the United States Department of

2-34  Defense, Department of Energy or Bureau of Reclamation; or

2-35      (e) Which are held in trust for Indian purposes or are Indian

2-36  reservations.

2-37      Sec. 4.  NRS 328.195 is hereby amended to read as follows:

2-38      328.195  1.  The consent of the State of Nevada to the

2-39  acquisition of lands by the United States for wildlife refuges

2-40  pursuant to the Migratory Bird Conservation Act of 1929, as

2-41  amended, 16 U.S.C. §§ 715, et seq., whether in fee or by lease or

2-42  easement, may be granted only if recommended by the planning

2-43  agency within whose jurisdiction the land is located and approved

2-44  by the Legislature by law.

2-45      2.  As used in this section, “planning agency” means:

3-1  (a) The planning commission for the city in which the land is

3-2  entirely located; or

3-3  (b) A county or regional planning commission, if there is one, or

3-4  the board of county commissioners [or Nevada Tahoe Regional

3-5  Planning Agency,] within whose jurisdiction the land is located.

3-6  Sec. 5.  NRS 408.077 is hereby amended to read as follows:

3-7  408.077  “Planning agency” means:

3-8  1.  The planning commission for the city in which the road is

3-9  entirely located; or

3-10      2.  A county or regional planning commission, if there is one, or

3-11  the board of county commissioners [or Nevada Tahoe Regional

3-12  Planning Agency,] within whose jurisdiction the road is located.

3-13      Sec. 6.  NRS 445B.830 is hereby amended to read as follows:

3-14      445B.830  1.  In areas of the State where and when a program

3-15  is commenced pursuant to NRS 445B.770 to 445B.815, inclusive,

3-16  the following fees must be paid to the Department of Motor

3-17  Vehicles and accounted for in the Pollution Control Account, which

3-18  is hereby created in the State General Fund:

3-19  (a) For the issuance and annual renewal of a license for an

3-20  authorized inspection station, authorized maintenance station,

3-21  authorized station or fleet station.............. $25

3-22  (b) For each set of 25 forms certifying emission control

3-23  compliance.................................................. 125

3-24          (c) For each form issued to a fleet station.. 5

3-25      2.  Except as otherwise provided in subsections 4, 5 and 6, and

3-26  after deduction of the amount required for grants pursuant to

3-27  paragraph (a) of subsection 4, money in the Pollution Control

3-28  Account may, pursuant to legislative appropriation or with the

3-29  approval of the Interim Finance Committee, be expended by the

3-30  following agencies in the following order of priority:

3-31      (a) The Department of Motor Vehicles to carry out the

3-32  provisions of NRS 445B.770 to 445B.845, inclusive.

3-33      (b) The State Department of Conservation and Natural

3-34  Resources to carry out the provisions of this chapter.

3-35      (c) The State Department of Agriculture to carry out the

3-36  provisions of NRS 590.010 to 590.150, inclusive.

3-37      (d) Local governmental agencies in nonattainment or

3-38  maintenance areas for an air pollutant for which air quality criteria

3-39  have been issued pursuant to 42 U.S.C. § 7408, for programs related

3-40  to the improvement of the quality of the air.

3-41      [(e) The Tahoe Regional Planning Agency to carry out the

3-42  provisions of NRS 277.200 with respect to the preservation and

3-43  improvement of air quality in the Lake Tahoe Basin.]

3-44      3.  The Department of Motor Vehicles may prescribe by

3-45  regulation routine fees for inspection at the prevailing shop labor

4-1  rate, including, without limitation, maximum charges for those fees,

4-2  and for the posting of those fees in a conspicuous place at an

4-3  authorized inspection station or authorized station.

4-4  4.  The Department of Motor Vehicles shall by regulation

4-5  establish a program to award grants of money in the Pollution

4-6  Control Account to local governmental agencies in nonattainment or

4-7  maintenance areas for an air pollutant for which air quality criteria

4-8  have been issued pursuant to 42 U.S.C. § 7408, for programs related

4-9  to the improvement of the quality of air. The grants to agencies in a

4-10  county pursuant to this subsection must be made from:

4-11      (a) An amount of money in the Pollution Control Account that is

4-12  equal to one-fifth of the amount received for each form issued in the

4-13  county pursuant to subsection 1; and

4-14      (b) Excess money in the Pollution Control Account. As used in

4-15  this paragraph, “excess money” means the money in excess of

4-16  $500,000 remaining in the Pollution Control Account at the end of

4-17  the fiscal year, after deduction of the amount required for grants

4-18  pursuant to paragraph (a) and any disbursements made from the

4-19  Account pursuant to subsection 2.

4-20      5.  Any regulations adopted pursuant to subsection 4 must

4-21  provide for the creation of an advisory committee consisting of

4-22  representatives of state and local agencies involved in the control of

4-23  emissions from motor vehicles. The committee shall:

4-24      (a) Review applications for grants and make recommendations

4-25  for their approval, rejection or modification;

4-26      (b) Establish goals and objectives for the program for control of

4-27  emissions from motor vehicles;

4-28      (c) Identify areas where funding should be made available; and

4-29      (d) Review and make recommendations concerning regulations

4-30  adopted pursuant to subsection 4 or NRS 445B.770.

4-31      6.  Grants proposed pursuant to subsections 4 and 5 must be

4-32  submitted to the appropriate Deputy Director of the Department of

4-33  Motor Vehicles and the Administrator of the Division of

4-34  Environmental Protection of the State Department of Conservation

4-35  and Natural Resources. Proposed grants approved by the appropriate

4-36  Deputy Director and the Administrator must not be awarded until

4-37  approved by the Interim Finance Committee.

4-38      Sec. 7.  NRS 540A.030 is hereby amended to read as follows:

4-39      540A.030  1.  In each county to which this chapter applies,

4-40  except as otherwise provided in subsections 2 and 3, the region

4-41  within which water is to be managed, and with respect to which

4-42  plans for its use are to be made, pursuant to this chapter is the entire

4-43  county except[:

4-44      (a) Any land within the region defined by NRS 277.200, the

4-45  Tahoe Regional Planning Compact; and

5-1  (b) Lands] lands located within any Indian reservation or Indian

5-2  colony which are held in trust by the United States.

5-3  2.  The board may exclude from the region any land which it

5-4  determines is unsuitable for inclusion because of its remoteness

5-5  from the sources of supply managed pursuant to this chapter or

5-6  because it lies within a separate hydrologic basin neither affecting

5-7  nor affected by conditions within the remainder of the region.

5-8  3.  The board may include within the region an area otherwise

5-9  excluded if it finds that the land requires alleviation of the effect of

5-10  flooding or drainage of storm waters or another benefit from

5-11  planning or management performed in the region.

5-12      Sec. 8.  NRS 244.152, 244.153, 266.263, 267.123, 268.098,

5-13  268.099, 269.122, 269.123, 277.190, 277.200, 277.207, 277.210,

5-14  277.215, 277.220, 278.024, 278.0288, 278.780, 278.782, 278.784,

5-15  278.786, 278.788, 278.790, 278.791, 278.792, 278.794, 278.796,

5-16  278.798, 278.800, 278.802, 278.804, 278.806, 278.808, 278.810,

5-17  278.8111, 278.8113, 278.8115, 278.8117, 278.8119, 278.812,

5-18  278.8121, 278.8123, 278.8125, 278.8127, 278.813, 278.814,

5-19  278.816, 278.818, 278.820, 278.822, 278.824, 278.826, 278.828,

5-20  309.383 and 318.102 are hereby repealed.

5-21      Sec. 9.  As soon as practicable after July 1, 2003:

5-22      1.  Any unexpended balance appropriated by the State of

5-23  Nevada to, and under the control of, the Tahoe Regional Planning

5-24  Agency must be returned to the State Treasurer for credit to the

5-25  State General Fund;

5-26      2.  Any money in the Tahoe Regional Planning Agency Fund in

5-27  the State Treasury must revert to the State General Fund; and

5-28      3.  The Secretary of State shall transmit a certified copy of this

5-29  act to:

5-30      (a) The Governor of the State of California; and

5-31      (b) The governing body of the Tahoe Regional Planning

5-32  Agency.

5-33      Sec. 10.  This act becomes effective on July 1, 2003.

 

5-34  LEADLINES OF REPEALED SECTIONS

 

5-35      244.152  Public works: County’s powers subordinate to

5-36   powers of Nevada Tahoe Regional Planning Agency. [Effective

5-37   upon proclamation by Governor of withdrawal of California

5-38   from Tahoe Regional Planning Compact or of his finding that

5-39   the Tahoe Regional Planning Agency has become unable to

5-40   perform its duties or exercise its powers.]

6-1  244.153  Public works: County’s powers subordinate to

6-2  powers of regional planning agency.

6-3  266.263  Public works: City’s powers subordinate to powers

6-4   of regional planning agency.

6-5  267.123  Public works: City’s powers subordinate to powers

6-6   of regional planning agency.

6-7  268.098  City’s powers subordinate to powers of Nevada

6-8   Tahoe Regional Planning Agency. [Effective upon proclamation

6-9   by Governor of withdrawal of California from Tahoe Regional

6-10   Planning Compact or of his finding that the Tahoe Regional

6-11   Planning Agency has become unable to perform its duties or

6-12   exercise its powers.]

6-13      268.099  City’s powers subordinate to powers of regional

6-14   planning agency.

6-15      269.122  Town’s powers subordinate to powers of Nevada

6-16   Tahoe Regional Planning Agency. [Effective upon proclamation

6-17   by Governor of withdrawal of California from Tahoe Regional

6-18   Planning Compact or of his finding that the Tahoe Regional

6-19   Planning Agency has become unable to perform its duties or

6-20   exercise its powers.]

6-21      269.123  Town’s powers subordinate to powers of regional

6-22   planning agency.

6-23      277.190  Enactment of Tahoe Regional Planning Compact.

6-24      277.200  Text of compact. [Effective until approval by the

6-25   Congress of the United States of the proposed amendments of

6-26   1987 or until proclamation by the Governor of this state that

6-27   the State of California has enacted amendments substantially

6-28   similar to the amendments approved in 1997 by the Legislature

6-29   of this state.]

6-30      277.207  Priority for hearings in judicial actions and

6-31   proceedings.

6-32      277.210  Conflict of interest of member of governing body;

6-33   penalties.

6-34      277.215  Violation of certain provisions of Code of

6-35   Ordinances of Tahoe Regional Planning Agency: Peace officer

6-36   authorized to take various actions; reporting of name and

6-37   address of violator; exception.

6-38      277.220  Account for Tahoe Regional Planning Agency:

6-39   Creation; source and use of money.

6-40      278.024  Powers of Nevada Tahoe Regional Planning

6-41   Agency. [Effective upon proclamation by Governor of

6-42   withdrawal of California from Tahoe Regional Planning

6-43   Compact or of his finding that the Tahoe Regional Planning

6-44   Agency has become unable to perform its duties or exercise its

6-45   powers.]

7-1  278.0288  Exempted region.

7-2  278.780  Legislative findings and declaration.

7-3  278.782  Definitions.

7-4  278.784  “Agency” defined.

7-5  278.786  “Governing body” defined.

7-6  278.788  “Planning commission” defined.

7-7  278.790  “Region” defined.

7-8  278.791  “Restricted gaming license” defined.

7-9  278.792  Nevada Tahoe Regional Planning Agency:

7-10   Creation; composition of governing body. [Effective until

7-11   proclamation by Governor of withdrawal of California from

7-12   Tahoe Regional Planning Compact or of his finding that the

7-13   Tahoe Regional Planning Agency has become unable to

7-14   perform its duties or exercise its powers.]

7-15      278.794  Terms of office of members of governing body.

7-16   [Effective until proclamation by Governor of withdrawal of

7-17   California from Tahoe Regional Planning Compact or of his

7-18   finding that the Tahoe Regional Planning Agency has become

7-19   unable to perform its duties or exercise its powers.]

7-20      278.796  Vacancies.

7-21      278.798  Expenses of members and agency.

7-22      278.800  Officers: Election; terms; vacancies.

7-23      278.802  Meetings.

7-24      278.804  Quorum; voting; rules of procedure.

7-25      278.806  Office; records; budget.

7-26      278.808  Advisory planning commission: Appointment;

7-27   composition. [Effective until proclamation by Governor of

7-28   withdrawal of California from Tahoe Regional Planning

7-29   Compact or of his finding that the Tahoe Regional Planning

7-30   Agency has become unable to perform its duties or exercise its

7-31   powers.]

7-32      278.810  Executive officer; staff; attorney.

7-33      278.8111  Regional plan: Adoption and review; contents.

7-34   [Effective upon proclamation by Governor of withdrawal of

7-35   California from Tahoe Regional Planning Compact or of his

7-36   finding that the Tahoe Regional Planning Agency has become

7-37   unable to perform its duties or exercise its powers.]

7-38      278.8113  Regional plan: Public hearings by planning

7-39   commission in preparing plan and amendments; action by

7-40   governing body. [Effective upon proclamation by Governor of

7-41   withdrawal of California from Tahoe Regional Planning

7-42   Compact or of his finding that the Tahoe Regional Planning

7-43   Agency has become unable to perform its duties or exercise its

7-44   powers.]

8-1  278.8115  Regional plan: Correlated elements. [Effective

8-2  upon proclamation by Governor of withdrawal of California

8-3   from Tahoe Regional Planning Compact or of his finding that

8-4   the Tahoe Regional Planning Agency has become unable to

8-5   perform its duties or exercise its powers.]

8-6  278.8117  Regional plan: Formulation and maintenance;

8-7   duties of planning commission, governing body and Agency.

8-8   [Effective upon proclamation by Governor of withdrawal of

8-9   California from Tahoe Regional Planning Compact or of his

8-10   finding that the Tahoe Regional Planning Agency has become

8-11   unable to perform its duties or exercise its powers.]

8-12      278.8119  Maintenance and availability of data, maps and

8-13   other information; assistance in exchanges of property.

8-14   [Effective upon proclamation by Governor of withdrawal of

8-15   California from Tahoe Regional Planning Compact or of his

8-16   finding that the Tahoe Regional Planning Agency has become

8-17   unable to perform its duties or exercise its powers.]

8-18      278.812  Review of applications approved by local

8-19   authorities. [Effective until proclamation by Governor of

8-20   withdrawal of California from Tahoe Regional Planning

8-21   Compact or of his finding that the Tahoe Regional Planning

8-22   Agency has become unable to perform its duties or exercise its

8-23   powers.]

8-24      278.8121  Review and approval of public works. [Effective

8-25   upon proclamation by Governor of withdrawal of California

8-26   from Tahoe Regional Planning Compact or of his finding that

8-27   the Tahoe Regional Planning Agency has become unable to

8-28   perform its duties or exercise its powers.]

8-29      278.8123  Time limited for review and approval of proposal

8-30   by Agency. [Effective upon proclamation by Governor of

8-31   withdrawal of California from Tahoe Regional Planning

8-32   Compact or of his finding that the Tahoe Regional Planning

8-33   Agency has become unable to perform its duties or exercise its

8-34   powers.]

8-35      278.8125  Permitted and conforming uses.

8-36      278.8127  Exemption from and intendment of

8-37  NRS 278.8125.

8-38      278.813  Ordinances, rules and regulations; general and

8-39   regional standards. [Effective upon proclamation by Governor

8-40   of withdrawal of California from Tahoe Regional Planning

8-41   Compact or of his finding that the Tahoe Regional Planning

8-42   Agency has become unable to perform its duties or exercise its

8-43   powers.]

8-44      278.814  Ordinances: Publication by title; copies

8-45   transmitted to political subdivisions within region.

9-1  278.816  Enforcement of ordinances, rules, regulations and

9-2  policies; jurisdiction of courts.

9-3  278.818  Violation of ordinance, rule or regulation: Penalty.

9-4  278.820  Financial powers of Agency. [Effective until

9-5   proclamation by Governor of withdrawal of California from

9-6   Tahoe Regional Planning Compact or of his finding that the

9-7   Tahoe Regional Planning Agency has become unable to

9-8   perform its duties or exercise its powers.]

9-9  278.822  Powers of local authorities subordinate to those of

9-10   Agency.

9-11      278.824  Limitation on powers of Agency. [Effective until

9-12   proclamation by Governor of withdrawal of California from

9-13   Tahoe Regional Planning Compact or of his finding that the

9-14   Tahoe Regional Planning Agency has become unable to

9-15   perform its duties or exercise its powers.]

9-16      278.826  Assumption of powers and duties by Agency.

9-17   [Effective upon proclamation by Governor of withdrawal of

9-18   California from Tahoe Regional Planning Compact or of his

9-19   finding that the Tahoe Regional Planning Agency has become

9-20   unable to perform its duties or exercise its powers.]

9-21      278.828  Unlawful contract or purchase by member of

9-22   governing body; penalties.

9-23      309.383  Powers of district concerning location and

9-24   construction of improvements subordinate to powers of Nevada

9-25   Tahoe Regional Planning agency. [Effective upon proclamation

9-26   by governor of withdrawal of California from Tahoe Regional

9-27   Planning Compact or of his finding that the Tahoe Regional

9-28   Planning Agency has become unable to perform its duties or

9-29   exercise its powers.]

9-30      318.102  Powers of district concerning location and

9-31   construction of improvements subordinate to powers of Nevada

9-32   Tahoe Regional Planning Agency. [Effective upon proclamation

9-33   by governor of withdrawal of California from Tahoe Regional

9-34   Planning Compact or of his finding that the Tahoe Regional

9-35   Planning Agency has become unable to perform its duties or

9-36   exercise its powers.]

 

9-37  H