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CHAPTER 526, AB 351

Assembly Bill No. 351–Assemblywoman Carlton

 

CHAPTER 526

 

[Approved: June 17, 2011]

 

AN ACT relating to motor carriers; authorizing operators of taxicabs and operators of limousines to accept credit cards and debit cards for payment of rates, fares and charges; authorizing the prescribing of maximum fees that may be charged to customers of taxicabs and limousines for the convenience of payment by a credit card or debit card; prohibiting issuers of credit cards and debit cards and certain other persons from prohibiting the collection of the convenience fees; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The Nevada Transportation Authority regulates common motor carriers of passengers, which include limousines and, in counties with a population of less than 400,000 (currently all counties other than Clark County), taxicabs. (NRS 706.166) The Taxicab Authority regulates taxicabs in counties with a population of 400,000 or more (currently Clark County). (NRS 706.8818)

       Sections 2 and 3 of this bill authorize taxicab and limousine operators to accept payment by a credit card or debit card. Section 2 authorizes the Nevada Transportation Authority to prescribe by regulation or order the maximum fees that a taxicab motor carrier or limousine operator within its jurisdiction may charge for the convenience of paying by using a credit card or debit card. Section 3 authorizes the Taxicab Authority to prescribe by regulation or order the maximum fees that a certificate holder in a county whose population is 400,000 or more may charge for the convenience of paying by using a credit card or debit card. Sections 2 and 3 also set forth the manner in which the amount of the fee that may be charged will be determined and prohibit an issuer of a credit card or debit card or certain other persons who facilitate the acceptance of a credit card or debit card from prohibiting the collection by a taxicab or limousine operator of the convenience fee.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

     Sec. 2.  1.  A taxicab motor carrier or an operator of a limousine may enter into a contract with an issuer of credit cards and debit cards to provide for the acceptance of credit cards or debit cards by the taxicab motor carrier or the operator of a limousine for the payment of rates, fares and charges owed to the taxicab motor carrier or the operator of a limousine.

     2.  The Authority may prescribe by regulation or order the maximum fee that a taxicab motor carrier or an operator of a limousine may charge a customer for the convenience of using a credit card or debit card to make payment to the taxicab motor carrier or the operator of a limousine. In prescribing such fees, the Authority may consider the expenses incurred by the taxicab motor carrier or the operator of a limousine in accepting payment by a credit card or debit card, including, without limitation:

 


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the taxicab motor carrier or the operator of a limousine in accepting payment by a credit card or debit card, including, without limitation:

     (a) Costs of required equipment and its installation;

     (b) Administrative costs of processing credit card or debit card transactions; and

     (c) Fees paid to issuers of credit cards or debit cards.

     3.  An issuer shall not, by contract or otherwise:

     (a) Prohibit a taxicab motor carrier or an operator of a limousine from charging and collecting a fee authorized pursuant to subsection 2; or

     (b) Require a taxicab motor carrier or an operator of a limousine to waive the right to charge and collect a fee authorized pursuant to subsection 2.

     4.  As used in this section, “issuer” means a business organization, financial institution or a duly authorized agency of a business organization or financial institution which:

     (a) Issues a credit card or debit card; or

     (b) Enters into a contract with a taxicab motor carrier, an operator of a limousine or other person to enable or facilitate the acceptance of a credit card or debit card.

     Sec. 3.  1.  A certificate holder may enter into a contract with an issuer of credit cards and debit cards to provide for the acceptance of credit cards or debit cards by the certificate holder for the payment of rates, fares and charges owed to the certificate holder.

     2.  The Taxicab Authority may prescribe by regulation or order the maximum fee that a certificate holder may charge a customer for the convenience of using a credit card or debit card to make payment to the certificate holder. In prescribing such fees, the Taxicab Authority may consider the expenses incurred by the certificate holder in accepting payment by a credit card or debit card, including, without limitation:

     (a) Costs of required equipment and its installation;

     (b) Administrative costs of processing credit card or debit card transactions; and

     (c) Fees paid to issuers of credit cards or debit cards.

     3.  An issuer shall not, by contract or otherwise:

     (a) Prohibit a certificate holder from charging and collecting a fee authorized pursuant to subsection 2; or

     (b) Require a certificate holder to waive the right to charge and collect a fee authorized pursuant to subsection 2.

     4.  As used in this section, “issuer” means a business organization, financial institution or a duly authorized agency of a business organization or financial institution which:

     (a) Issues a credit card or debit card; or

     (b) Enters into a contract with a certificate holder or other person to enable or facilitate the acceptance of a credit card or debit card.

     Sec. 4.  NRS 706.011 is hereby amended to read as follows:

     706.011  As used in NRS 706.011 to 706.791, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

     Sec. 5.  NRS 706.756 is hereby amended to read as follows:

     706.756  1.  Except as otherwise provided in subsection 2, any person who:

 


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     (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and section 2 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

     (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and section 2 of this act or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;

     (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;

     (d) Fails to obey any order, decision or regulation of the Authority or the Department;

     (e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;

     (f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 2 of this act;

     (g) Advertises as providing:

           (1) The services of a fully regulated carrier; or

           (2) Towing services,

Ê without including the number of the person’s certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

     (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

     (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

     (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

     (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;

     (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

     (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,

Ê is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

     2.  Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

     (a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

 


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     (b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

     3.  Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.

     4.  If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.

     5.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

     6.  Any bail allowed must not be less than the appropriate fine provided for by this section.

     Sec. 6.  NRS 706.881 is hereby amended to read as follows:

     706.881  1.  The provisions of NRS 706.8811 to 706.885, inclusive, and section 3 of this act, apply to any county:

     (a) Whose population is 400,000 or more; or

     (b) For whom regulation by the Taxicab Authority is not required, if the board of county commissioners of the county has enacted an ordinance approving the inclusion of the county within the jurisdiction of the Taxicab Authority.

     2.  Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the Taxicab Authority is not required, the Taxicab Authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, and section 3 of this act, within that county.

     3.  Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the Nevada Transportation Authority do not apply.

     Sec. 7.  NRS 706.8811 is hereby amended to read as follows:

     706.8811  As used in NRS 706.881 to 706.885, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.8812 to 706.8817, inclusive, have the meanings ascribed to them in those sections.

     Sec. 8.  NRS 706.885 is hereby amended to read as follows:

     706.885  1.  Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the Taxicab Authority or the Administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, and section 3 of this act is guilty of a misdemeanor.

     2.  The Taxicab Authority or Administrator may at any time, for good cause shown and upon at least 5 days’ notice to the grantee of any certificate or driver’s permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver’s permit to a maximum amount of $500 or suspend or revoke the certificate or driver’s permit granted by the Taxicab Authority or Administrator, respectively, for:

 


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     (a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, and section 3 of this act or any regulation of the Taxicab Authority or Administrator.

     (b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, and section 3 of this act or any regulation of the Taxicab Authority or Administrator.

Ê If a penalty is imposed on the grantee of a certificate pursuant to this section, the Taxicab Authority or Administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney’s fees.

     3.  When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the Administrator shall enter a finding of default. Upon a finding of default, the Administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the Administrator may set aside a finding of default and proceed with the hearing.

     4.  Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, the law enforcement officer may cause the vehicle to be towed immediately from the scene.

     5.  The conviction of a person pursuant to subsection 1 does not bar the Taxicab Authority or Administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the Taxicab Authority or Administrator does not operate as a defense in any proceeding brought under subsection 1.

     Secs. 9-14.  (Deleted by amendment.)

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ê2011 Statutes of Nevada, Page 3662ê

 

CHAPTER 527, AB 405

Assembly Bill No. 405–Assemblyman Oceguera

 

CHAPTER 527

 

[Approved: June 17, 2011]

 

AN ACT relating to public employees’ retirement; setting forth a legislative declaration; directing the Interim Retirement and Benefits Committee of the Legislature to conduct a study; setting forth the requirements for the study and directing the Committee to submit a report to the Legislative Commission; making an appropriation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill sets forth the Legislature’s findings and declaration concerning the nature of the Public Employees’ Retirement System and its mission. Section 2 of this bill: (1) directs the Interim Retirement and Benefits Committee of the Legislature to conduct a study of the retirement and disability benefits for public employees in this State; (2) sets forth the analyses which must be included within the study; (3) requires the Public Employees’ Retirement Board to provide staff assistance to the Committee; and (4) directs the Committee to submit a report of the results of the study to the Legislative Commission.

       Section 3 of this bill provides an appropriation of $250,000 to pay the cost of the study required to be conducted by the Interim Retirement and Benefits Committee of the Legislature pursuant to section 2.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  The Legislature hereby finds and declares:

     1.  It is the mission of the Public Employees’ Retirement System as declared in NRS 286.015 to provide:

     (a) A reasonable base income to qualified employees who have been employed by a public employer and whose earning capacity has been removed or has been substantially reduced by age or disability.

     (b) An orderly method of promoting and maintaining a high level of service to the public through an equitable separation procedure, which is available to employees at retirement or upon becoming disabled.

     (c) A system which will make government employment attractive to qualified employees in various categories of service and which will encourage these employees to remain in government service for such periods of time as to give the public employer full benefit of the training and experience gained by these employees while employed by public employers.

     2.  The Public Employees’ Retirement System is a defined benefit pension plan that covers all eligible public employees in this State in lieu of coverage under the federal Social Security Act.

     3.  The short-term volatility in the investment markets has caused an increase in the costs to public employers and public employees for contributions to the Public Employees’ Retirement System to retire the unfunded liability of the System in compliance with the requirements prescribed by the Governmental Accounting Standards Board. Such increased costs could also result from losses in the System’s holdings caused by fraud or misrepresentation in the investment markets.

 


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increased costs could also result from losses in the System’s holdings caused by fraud or misrepresentation in the investment markets.

     4.  Many different approaches to workforce incentives, including retirement and disability benefits, have evolved in the public and private sectors and warrant study to ensure that this State provides the most appropriate retirement benefits for its public workforce, as part of the overall human resources policy of this State.

     5.  Because of the long-term financial and policy impacts of any changes to retirement and disability benefits provided by the Public Employees’ Retirement System, careful and thorough consideration of the alternatives is required.

     6.  Section 2 of Article 9 of the Nevada Constitution requires that any changes proposed to the retirement and disability benefits provided by the Public Employees’ Retirement System be based upon actuarial assumptions recommended by the independent actuary employed by the Public Employees’ Retirement Board to ensure the insulation of the retirement future of the public workforce of this State from any political pressures.

     Sec. 2.  1.  The Interim Retirement and Benefits Committee of the Legislature created by NRS 218E.420 shall conduct a study of the retirement and disability benefits for public employees in this State.

     2.  The study conducted pursuant to subsection 1 must include:

     (a) An analysis of alternatives to the existing retirement plan, including, without limitation, consideration of other models of retirement plans, such as defined benefit plans, defined contribution plans, cash balance plans and hybrid retirement plans, and retirement and disability benefits under the federal Social Security Act. Such analysis must address the implications of implementing each alternative, including, without limitation:

           (1) A comparison of the design, costs, portability and income security of each alternative; and

           (2) The actuarial, financial, workforce and public policy impacts of each alternative on current and future public employers, current and future public employees and beneficiaries in the Public Employees’ Retirement System.

     (b) An analysis of the measures implemented by the Public Employees’ Retirement Board to monitor losses caused by fraud or misrepresentation in the investment markets and to institute legal action to recover such losses.

     3.  The Public Employees’ Retirement Board shall provide such assistance to the Interim Retirement and Benefits Committee of the Legislature as requested by the Committee, including, without limitation, the assistance of the independent actuary employed by the Board to make the necessary actuarial assumptions.

     4.  On or before October 1, 2012, the Interim Retirement and Benefits Committee of the Legislature shall submit a report of the results of the study conducted pursuant to subsection 1 to the Legislative Commission.

     5.  On or before December 31, 2012, the Legislative Commission shall submit the report of the results of the study and any recommendations for legislation to the 77th Session of the Nevada Legislature.

     Sec. 3.  1.  There is hereby appropriated from the State General Fund to the Legislative Fund the sum of $250,000 to conduct the study required pursuant to section 2 of this act.

     2.  The money appropriated by subsection 1 may be used only if matching money is received in the Legislative Fund for the study from sources other than the appropriation made by subsection 1, including, without limitation, gifts, grants and donations.

 


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sources other than the appropriation made by subsection 1, including, without limitation, gifts, grants and donations.

     3.  The State Controller shall not distribute any money from the appropriation made pursuant to subsection 1 until the matching money required by subsection 2 has been committed for the study.

     4.  Any remaining balance of the appropriation made by subsection 1 to the Legislative Fund must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.

     Sec. 4.  This act becomes effective upon passage and approval.

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CHAPTER 528, AB 575

Assembly Bill No. 575–Committee on Legislative Operations and Elections

 

CHAPTER 528

 

[Approved: June 17, 2011]

 

AN ACT relating to the Legislature; making various changes relating to the Legislature and the Legislative Counsel Bureau; authorizing the Legislative Commission to adopt reasonable regulations governing vehicle and pedestrian traffic on certain property within the supervision and control of the Legislature; providing that a violation of such regulations is a misdemeanor; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill makes miscellaneous changes relating to the Legislature and the Legislative Counsel Bureau. Section 1 of this bill recognizes that the Legislature occupies more than one building and provides that money in the Legislative Fund does not revert to the State General Fund unless specifically provided by law, which codifies the current practice. Section 2 of this bill requires that reports to the Legislature or the Legislative Counsel Bureau be submitted in electronic format, if practicable. Section 3 of this bill eliminates an obsolete provision concerning the priority of certain requests for legislative measures. Sections 4-9 of this bill change the dates for requesting certain measures and prefiling other measures to avoid requiring both activities to be completed on the same day. Section 10 of this bill provides that dues may be paid to certain national organizations only to the extent of legislative appropriation. Section 11 of this bill eliminates an inconsistency concerning the members of the Interim Retirement and Benefits Committee. Sections 12 and 13 of this bill provide additional flexibility with respect to the appointment of division chiefs and a Deputy Director of the Legislative Counsel Bureau. Section 14 of this bill revises the provision ensuring the confidentiality of the work product of the Legal Division and the Fiscal Analysis Division of the Legislative Counsel Bureau.

 


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       Existing law provides that, whenever a person who is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and the person is not required to be taken before a magistrate under existing law, the peace officer has discretion to either issue a misdemeanor citation to the person or take the person without unnecessary delay before the proper magistrate. (NRS 171.1771) Existing law governs the form of such a citation and the manner in which a peace officer must prepare the citation. (NRS 171.1773, 171.1775) Under existing law, the peace officer issuing a misdemeanor citation must file the original or a copy of such misdemeanor citation with a court having jurisdiction over the alleged offense and, upon the filing of the misdemeanor citation with that court, the citation may be disposed of only by trial in such court or other official action by a judge of such court. (NRS 171.1776) Under existing law, an officer of the Legislative Police has the powers of a peace officer when carrying out duties prescribed by the Legislative Commission and thus is authorized to issue misdemeanor citations when carrying out such duties. (NRS 289.210)

       Section 15 of this bill enacts provisions similar to existing law which authorizes the Board of Regents of the University of Nevada to adopt reasonable regulations governing vehicular and pedestrian traffic on certain property and provides that a violation of such regulations is a misdemeanor. Under this bill: (1) the Legislative Commission is authorized to adopt reasonable regulations governing vehicular and pedestrian traffic on certain property which is within the supervision and control of the Legislature; and (2) the violation of such regulations is a misdemeanor. Thus, under this bill, an officer of the Legislative Police may issue misdemeanor citations to persons who allegedly violate the regulations adopted by the Legislative Commission to govern vehicular and pedestrian traffic on property within the supervision and control of the Legislature. Sections 16 and 17 of this bill require the badges issued to lobbyists to include a different colored background for each type of registration and limit the amount which may be charged for the registration of a lobbyist who represents only nonprofit organizations that are recognized as exempt under section 501(c)(3) of the Internal Revenue Code. Section 19 of this bill clarifies that both regular members and alternate members of the Legislative Commission may serve on the Legislative Commission’s Subcommittee to Review Regulations.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 218A.150 is hereby amended to read as follows:

     218A.150  1.  The Legislative Fund is hereby created as a special revenue fund for the use of the Legislature, and where specifically authorized by law, for the use of the Legislative Counsel Bureau.

     2.  Support for the Legislative Fund must be provided by legislative appropriation from the State General Fund. Money in the Legislative Fund does not revert to the State General Fund at the end of the fiscal year, and the balance in the Legislative Fund must be carried forward to the next fiscal year.

     3.  Expenditures from the Legislative Fund may be made for:

     (a) The payment of necessary expenses of the Senate;

     (b) The payment of necessary expenses of the Assembly;

     (c) The payment of necessary improvements to the Legislative Building , other buildings used by the Legislature and [its] all legislative grounds;

     (d) The payment of expenses for the interim operation of the Legislature; and

     (e) The payment of necessary expenses of, but not limited to:

 


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           (1) The Legislative Commission;

           (2) The Legal Division;

           (3) The Research Division;

           (4) The Audit Division;

           (5) The Fiscal Analysis Division; and

           (6) The Administrative Division,

Ê of the Legislative Counsel Bureau.

     4.  Expenditures from the Legislative Fund for purposes other than those specified in subsection 3 or authorized specifically by another statute may be made only upon the authority of a concurrent resolution . [regularly adopted by the Senate and Assembly.]

     5.  All money in the Legislative Fund must be paid out on claims approved by the Director of the Legislative Counsel Bureau or his or her designee.

     Sec. 2.  NRS 218A.750 is hereby amended to read as follows:

     218A.750  If a law or resolution requires or directs that a report be made to the Legislature, the Legislative Counsel Bureau, or any person or entity within the Legislature or the Legislative Counsel Bureau [, submitting] :

     1.  The person or entity shall, if practicable, submit the report in electronic format.

     2.  Submitting the report in electronic format satisfies the law or resolution.

     Sec. 3.  NRS 218D.115 is hereby amended to read as follows:

     218D.115  1.  Upon request made within the time allowed and limits established pursuant to NRS 218D.050 to 218D.215, inclusive, the Legislative Counsel shall advise any agency or officer of the Executive Branch of the State Government, and any county, school district or city, as to the preparation of measures to be submitted to the Legislature.

     2.  To ensure the greatest possible equity in the handling of requests, drafting must proceed as follows:

     (a) Requests for legislative measures from each agency or officer of the Executive Branch of the State Government or from a county, school district or city must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.

     (b) As soon as an agency or officer of the Executive Branch of the State Government has requested 10 legislative measures for any session, the Legislative Counsel may request the agency or officer to designate the priority for each succeeding request.

     [(c) Not later than 2 weeks before the commencement of a regular session of the Legislature, any county, school district or city which has requested the preparation of more than one legislative measure for that session shall submit to the Legislative Counsel a list which designates the order of priority for each request.]

Ê The priority designated pursuant to this subsection must guide the Legislative Counsel in acting upon the requests of the respective agencies and officers of the Executive Branch of the State Government and the counties, school districts and cities to ensure each agency and officer, and each county, school district and city, as nearly as is possible, an equal rank.

     Sec. 4.  NRS 218D.150 is hereby amended to read as follows:

     218D.150  1.  Each:

     (a) Incumbent member of the Assembly may request the drafting of not more than 6 legislative measures submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature and not more than 5 legislative measures submitted to the Legislative Counsel after September 1 but on or before December [15] 10 preceding the commencement of a regular session of the Legislature.

 


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before September 1 preceding the commencement of a regular session of the Legislature and not more than 5 legislative measures submitted to the Legislative Counsel after September 1 but on or before December [15] 10 preceding the commencement of a regular session of the Legislature.

     (b) Incumbent member of the Senate may request the drafting of not more than 12 legislative measures submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature and not more than 10 legislative measures submitted to the Legislative Counsel after September 1 but on or before December [15] 10 preceding the commencement of a regular session of the Legislature.

     (c) Newly elected member of the Assembly may request the drafting of not more than 5 legislative measures submitted to the Legislative Counsel on or before December [15] 10 preceding the commencement of a regular session of the Legislature.

     (d) Newly elected member of the Senate may request the drafting of not more than 10 legislative measures submitted to the Legislative Counsel on or before December [15] 10 preceding the commencement of a regular session of the Legislature.

     2.  In addition to the number authorized pursuant to subsection 1:

     (a) The chair of each standing committee of the immediately preceding regular legislative session, or a person designated in the place of the chair by the Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, may request before the date of the general election preceding the commencement of the next regular legislative session the drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every 15 legislative measures that were referred to the respective standing committee during the immediately preceding regular legislative session.

     (b) A person designated after a general election as a chair of a standing committee for the next regular legislative session, or a person designated in the place of a chair by the person designated as the Speaker of the Assembly or the Majority Leader of the Senate for the next regular legislative session, may request on or before December [15] 10 preceding the commencement of the next regular legislative session the drafting of the remaining number of the legislative measures allowed for the respective standing committee that were not requested by the previous chair or designee.

     3.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.

     Sec. 5.  NRS 218D.175 is hereby amended to read as follows:

     218D.175  1.  The Governor or the Governor’s designated representative may transmit to the Legislative Counsel on or before September 1 preceding a regular legislative session not more than 100 requests for the drafting of legislative measures approved on behalf of state agencies, boards and departments of the Executive Branch of the State Government pursuant to subsection 1 of NRS 218D.105.

     2.  The Department of Administration may request on or before the 19th day of the legislative session, without limitation, the drafting of as many legislative measures as are necessary to implement the budget proposed by the Governor and to provide for the fiscal management of the State. In addition to the requests otherwise authorized pursuant to this section, the Governor may request the drafting of not more than 5 legislative measures on or before the 19th day of the legislative session to propose the Governor’s legislative agenda.

 


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ê2011 Statutes of Nevada, Page 3668 (Chapter 528, AB 575)ê

 

Governor may request the drafting of not more than 5 legislative measures on or before the 19th day of the legislative session to propose the Governor’s legislative agenda.

     3.  The following constitutional officers may request the drafting of not more than the following numbers of legislative measures on or before September 1 preceding a regular legislative session:

 

Lieutenant Governor......................................................................................................................................... 1

Secretary of State.............................................................................................................................................. 5

State Treasurer.................................................................................................................................................. 2

State Controller................................................................................................................................................. 2

Attorney General............................................................................................................................................ 15

 

     4.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to subsections 1 and 3 must be prefiled on or before December [15] 20 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.

     Sec. 6.  NRS 218D.190 is hereby amended to read as follows:

     218D.190  1.  The Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall prepare and assist in the preparation of legislative measures at the request of the Supreme Court if the legislative measures are transmitted to the Legislative Counsel on or before September 1 preceding the commencement of the next regular session of the Legislature. The Supreme Court may transmit to the Legislative Counsel pursuant to this section not more than 10 legislative measures on behalf of the Supreme Court.

     2.  Every requested legislative measure must set forth the substance of the provisions desired or which may be needed with the reasons therefor.

     3.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December [15] 20 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.

     Sec. 7.  NRS 218D.205 is hereby amended to read as follows:

     218D.205  1.  Except as otherwise provided in subsections 3, 4 and 5, each board of county commissioners, board of trustees of a school district and city council may request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare any legislative measure which has been approved by the governing body of the county, school district or city at a public hearing before its submission to the Legislative Counsel Bureau.

     2.  The Legislative Counsel shall notify the requesting county, school district or city if its request substantially duplicates a request previously submitted by another county, school district or city.

     3.  The board of county commissioners of a county whose population:

     (a) Is 400,000 or more shall not request the preparation of more than 4 legislative measures pursuant to subsection 1 for a regular legislative session.

     (b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than 2 legislative measures pursuant to subsection 1 for a regular legislative session.

 


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ê2011 Statutes of Nevada, Page 3669 (Chapter 528, AB 575)ê

 

     (c) Is less than 100,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.

     4.  The board of trustees of a school district in a county whose population:

     (a) Is 400,000 or more shall not request the preparation of more than 2 legislative measures pursuant to subsection 1 for a regular legislative session.

     (b) Is less than 400,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.

     5.  The city council of a city whose population:

     (a) Is 100,000 or more shall not request the preparation of more than 3 legislative measures pursuant to subsection 1 for a regular legislative session.

     (b) Is less than 100,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.

     6.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December [15] 20 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.

     7.  As used in this section, “population” means the current population estimate for that city or county as determined and published by the Department of Taxation and the demographer employed pursuant to NRS 360.283.

     Sec. 8.  NRS 218D.210 is hereby amended to read as follows:

     218D.210  1.  An association of counties or cities may directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare no more than 5 legislative measures for a regular legislative session.

     2.  A request for the drafting of a legislative measure pursuant to this section must be submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature.

     3.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December [15] 20 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.

     Sec. 9.  NRS 218D.215 is hereby amended to read as follows:

     218D.215  1.  Each mental health consortium established pursuant to NRS 433B.333 may directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare not more than one legislative measure for a regular legislative session.

     2.  A request for the drafting of a legislative measure pursuant to this section must be submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature.

     3.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December [15] 20 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.

 


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ê2011 Statutes of Nevada, Page 3670 (Chapter 528, AB 575)ê

 

     Sec. 10.  NRS 218E.180 is hereby amended to read as follows:

     218E.180  The Legislative Commission may:

     1.  Carry forward the participation of the State of Nevada as a member of the Council of State Governments and the National Conference of State Legislatures, and may pay annual dues to those organizations [out of the Legislative Fund.] to the extent of legislative appropriation. The Legislative Commission is designated as Nevada’s Commission on Interstate Cooperation.

     2.  Encourage and assist the government of this State to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government and with local units of government.

     3.  Establish such delegations and committees as official agencies of the Legislative Counsel Bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of those delegations and committees must be designated by the Legislative Commission and may consist of Legislators and employees of the State other than members of the Commission. Members of those delegations and committees shall serve without salary, but they are entitled to receive out of the Legislative Fund the per diem expense allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218A.655.

     4.  Endeavor to advance cooperation between this State and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information and any other suitable process.

     5.  Supervise the functions assigned to the Divisions of the Bureau in chapters 218A to 218H, inclusive, of NRS.

     6.  Authorize the Director of the Legislative Counsel Bureau to enter into agreements for the acquisition of property it deems necessary to support the Legislature and its staff. The Director may expend money from the Legislative Fund for this purpose.

     Sec. 11.  NRS 218E.420 is hereby amended to read as follows:

     218E.420  1.  There is hereby created an Interim Retirement and Benefits Committee of the Legislature to review the operation of the Public Employees’ Retirement System, the Judicial Retirement System established pursuant to chapter 1A of NRS and the Public Employees’ Benefits Program and to make recommendations to the Public Employees’ Retirement Board and the Board of the Public Employees’ Benefits Program, the Legislative Commission and the Legislature. The Interim Retirement and Benefits Committee consists of six members appointed as follows:

     (a) Three members of the Senate, one of whom is the Chair of the Committee on Finance during the preceding session and two of whom are appointed by the Majority Leader of the Senate.

     (b) Three members of the Assembly, one of whom is the Chair of the Committee on Ways and Means during the preceding session and two of whom are appointed by the Speaker of the Assembly.

 


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ê2011 Statutes of Nevada, Page 3671 (Chapter 528, AB 575)ê

 

     2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.

     3.  The immediate past Chair of the Senate Standing Committee on Finance is the Chair of the Interim Retirement and Benefits Committee for the period ending with the convening of each odd-numbered session of the Legislature. The immediate past Chair of the Assembly Standing Committee on Ways and Means is the Chair of the Interim Retirement and Benefits Committee during the next legislative interim, and the position of Chair alternates between the Houses of the Legislature according to this pattern.

     4.  The Interim Retirement and Benefits Committee may exercise the powers conferred on it by law only when the Legislature is not in regular or special session and shall meet at the call of the Chair.

     5.  The Director of the Legislative Counsel Bureau shall provide a Secretary for the Interim Retirement and Benefits Committee.

     6.  The members of the Interim Retirement and Benefits Committee are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided by NRS 218A.655 for each day of attendance at a meeting of the Committee and while engaged in the business of the Committee. Per diem allowances, compensation and travel expenses of the members of the Committee must be paid from the Legislative Fund.

     Sec. 12.  NRS 218F.100 is hereby amended to read as follows:

     218F.100  1.  There is hereby created the Legislative Counsel Bureau, which consists of a Legislative Commission, an Interim Finance Committee, a Director, an Audit Division, a Fiscal Analysis Division, a Legal Division, a Research Division and an Administrative Division.

     2.  The Legislative Auditor is chief of the Audit Division. The Legislative Counsel is chief of the Legal Division. The Research Director is chief of the Research Division. The Director shall designate from time to time one of the Fiscal Analysts or another employee of the Fiscal Analysis Division to be responsible for the administration of the Fiscal Analysis Division.

     3.  The Legislative Commission shall appoint the Director. The Director shall appoint the Fiscal Analysts and the chiefs of the [other] divisions with the approval of the Legislative Commission, and may serve as the chief of any division.

     4.  The Director may, with the consent of the Legislative Commission, designate one of the other division chiefs or an employee of the Legislative Counsel Bureau as Deputy Director . [, who shall serve as Deputy Director without additional compensation.]

     Sec. 13.  NRS 218F.110 is hereby amended to read as follows:

     218F.110  1.  The Director of the Legislative Counsel Bureau, as executive head of the Legislative Counsel Bureau, shall direct and supervise all its administrative and technical activities. The [Fiscal Analysts, Legislative Auditor, Research Director and] chiefs of the divisions of the Legislative Counsel Bureau shall perform the respective duties assigned to them by law under the administrative supervision of the Director.

     2.  The Director of the Legislative Counsel Bureau shall, consistent with the budget approved by the Legislative Commission and within the limits of legislative appropriations and other available funds, employ and fix the salaries of or contract for the services of such professional, technical, clerical and operational personnel and consultants as the execution of the Director’s duties and the operation of the Legislative Counsel Bureau may require.

 


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ê2011 Statutes of Nevada, Page 3672 (Chapter 528, AB 575)ê

 

salaries of or contract for the services of such professional, technical, clerical and operational personnel and consultants as the execution of the Director’s duties and the operation of the Legislative Counsel Bureau may require.

     3.  All of the personnel of the Legislative Counsel Bureau are [exempt] :

     (a) Exempt from the provisions of chapter 284 of NRS. [They are entitled]

     (b) Entitled to such leaves of absence as the Legislative Commission shall prescribe.

     Sec. 14.  NRS 218F.150 is hereby amended to read as follows:

     218F.150  1.  The Director [,] and other officers and employees of the Legislative Counsel Bureau shall not:

     (a) Oppose or urge legislation, except as the duties of the Director, the Legislative Auditor, the Legislative Counsel, the Research Director and the Fiscal Analysts require them to make recommendations to the Legislature.

     (b) Except as otherwise provided in this section, NRS 218D.130, 218D.135, 218D.250 and 353.211, disclose to any person outside the Legislative Counsel Bureau the [contents or] nature or content of any matter [,] entrusted to the Legislative Counsel Bureau, and such matter is confidential and privileged and is not subject to subpoena, unless the person entrusting the matter to the Legislative Counsel Bureau [so] requests or consents [.] to the disclosure.

     2.  The nature or content of any work previously done by the [personnel] officers and employees of the Research Division of the Legislative Counsel Bureau may be disclosed if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed.

     3.  The nature and content of the work product of the officers and employees of the Legal Division and the Fiscal Analysis [Divisions is] Division of the Legislative Counsel Bureau are confidential and privileged and are not subject to subpoena . [only if at the time of creation a representation of confidentiality is made.

     3.] 4.  When a statute has been enacted or a resolution adopted, the Legislative Counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.

     [4.] 5.  The records of the travel expenses of Legislators and officers and employees of the Legislative Counsel Bureau are available for public inspection at such reasonable hours and under such other conditions as the Legislative Commission prescribes.

     Sec. 15.  NRS 218F.520 is hereby amended to read as follows:

     218F.520  1.  The Administrative Division shall preserve order and security on the grounds surrounding the Legislative Building and within the Legislative Building.

     2.  When the Legislature is in session the Administrative Division shall assist the Sergeant at Arms of either House, upon request, in preserving order in the chambers and private lounges of the respective Houses.

     3.  The Legislative Commission may by affirmative vote of a majority of its members adopt, amend, repeal and enforce reasonable regulations governing vehicular and pedestrian traffic on all property within the supervision and control of the Legislature pursuant to subsection 1 of NRS 331.135.

     4.  The regulations have the force and effect of law.

 


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ê2011 Statutes of Nevada, Page 3673 (Chapter 528, AB 575)ê

 

     5.  A copy of every such regulation, giving the date that it takes effect, must be filed with the Secretary of State, and copies of the regulations must be published immediately after adoption and issued in pamphlet form for distribution to the general public.

     6.  A person who violates any regulation adopted pursuant to this section is guilty of a misdemeanor.

     Sec. 16.  NRS 218H.300 is hereby amended to read as follows:

     218H.300  1.  The Director shall furnish an appropriate identification badge to each lobbyist who files a registration statement under this chapter. The identification badge for each classification of lobbyist set forth in NRS 218H.500 must be a different color.

     2.  The identification badge must be worn by the lobbyist whenever the lobbyist appears in the Legislative Building.

     Sec. 17.  NRS 218H.500 is hereby amended to read as follows:

     218H.500  1.  The Legislative Commission shall adopt regulations to carry out the provisions of this chapter . [,]

     2.  The Legislative Commission may, except as otherwise provided in this subsection, require fees for registration, payable into the Legislative Fund . [, and may classify lobbyists for this purpose.] For the purposes of fees for registration, the Legislative Commission shall classify lobbyists as follows:

     (a) Except as otherwise provided in paragraph (c), a lobbyist who receives any compensation for his or her lobbying activities.

     (b) Except as otherwise provided in paragraph (c) or (d), a lobbyist who does not receive any compensation for his or her lobbying activities.

     (c) Except as otherwise provided in paragraph (d), a lobbyist whose lobbying activities are only on behalf of one or more nonprofit organizations that are recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3). Such a lobbyist is not required to pay a fee of more than $100 for registration pursuant to this subsection.

     (d) A veteran who does not receive compensation for the veteran’s lobbying activities [is not required to pay any fee established for registration if the veteran] and who provides proof of [the veteran’s] his or her discharge or release from the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions. Such a lobbyist is not required to pay any fee for registration pursuant to this subsection.

     [2.] 3.  The Director shall:

     (a) Prepare and furnish forms for the statements and reports required to be filed.

     (b) Prepare and publish uniform methods of accounting and reporting to be used by persons required to file such statements and reports, including guidelines for complying with the reporting requirements of this chapter.

     (c) Accept and file any information voluntarily supplied that exceeds the requirements of this chapter.

     (d) Develop a filing, coding and cross-indexing system consistent with the purposes of this chapter.

     (e) Make the statements and reports available for public inspection during regular office hours.

     (f) Preserve the statements and reports for a period of 5 years from the date of filing.

 


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ê2011 Statutes of Nevada, Page 3674 (Chapter 528, AB 575)ê

 

     (g) Compile and keep current an alphabetical list of registrants, including their address, the name and address of each person for whom the registrant is lobbying and the principal areas of interest on which the registrant expects to lobby. A copy of the list must be furnished to each Legislator, to the clerks of the respective counties for preservation and public inspection, and to any person who requests a copy and pays the cost of reproduction.

     Sec. 18.  NRS 219.020 is hereby amended to read as follows:

     219.020  1.  Except as otherwise provided in this section and NRS 219.025, the Commissioners are:

     (a) The Legislative Counsel;

     (b) Two members of the faculty of the William S. Boyd School of Law of the University of Nevada, Las Vegas; and

     (c) Not more than four attorneys licensed to practice law in the State of Nevada appointed by the Legislative Commission.

     2.  The Legislative Commission shall appoint:

     (a) Attorneys who are members of the Legislature to fill the appointive positions created pursuant to paragraph (c) of subsection 1 if attorneys are available in the Legislature to fill those positions.

     (b) Two members of the faculty of the William S. Boyd School of Law of the University of Nevada, Las Vegas, from a list submitted to the Legislative Commission by the Dean of the Law School. Each member so appointed serves for a term of 4 years.

     3.  The Legislative Counsel may appoint not more than two additional Commissioners from the attorneys employed by the Legislative Counsel Bureau, upon approval of the Legislative Commission.

     4.  The National Conference of Commissioners on Uniform State Laws is hereby declared to be a joint governmental agency of this State.

     5.  It is a function of the Commissioners to carry forward the participation of the State of Nevada in the National Conference of Commissioners on Uniform State Laws. Annual dues must be paid to that organization [out of the Legislative Fund.] to the extent of legislative appropriation.

     6.  The Legislative Counsel shall notify the National Conference of Commissioners on Uniform State Laws whenever a Commissioner is appointed pursuant to this section.

     Sec. 19.  NRS 233B.067 is hereby amended to read as follows:

     233B.067  1.  After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the Legislative Counsel for review by the Legislative Commission to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the Legislature in granting that authority. The Legislative Counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The Legislative Counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.

     2.  If an agency submits an adopted regulation to the Legislative Counsel pursuant to subsection 1 that:

     (a) The agency is required to adopt pursuant to a federal statute or regulation; and

     (b) Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this State,

 


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ê2011 Statutes of Nevada, Page 3675 (Chapter 528, AB 575)ê

 

Ê it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

     3.  Except as otherwise provided in subsection 4, the Legislative Commission shall:

     (a) Review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting; or

     (b) Refer the regulation for review to the Subcommittee to Review Regulations appointed pursuant to subsection 6.

     4.  If an agency determines that an emergency exists which requires a regulation of the agency submitted pursuant to subsection 1 to become effective before the next meeting of the Legislative Commission is scheduled to be held, the agency may notify the Legislative Counsel in writing of the emergency. Upon receipt of such a notice, the Legislative Counsel shall refer the regulation for review by the Subcommittee to Review Regulations. The Subcommittee shall meet to review the regulation as soon as practicable.

     5.  If the Legislative Commission, or the Subcommittee to Review Regulations if the regulation was referred, approves the regulation, the Legislative Counsel shall promptly file the regulation with the Secretary of State and notify the agency of the filing. If the Commission or Subcommittee objects to the regulation after determining that:

     (a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;

     (b) The regulation does not conform to statutory authority; or

     (c) The regulation does not carry out legislative intent,

Ê the Legislative Counsel shall attach to the regulation a written notice of the objection, including, if practicable, a statement of the reasons for the objection, and shall promptly return the regulation to the agency.

     6.  As soon as practicable after each regular legislative session, the Legislative Commission shall appoint a Subcommittee to Review Regulations consisting of at least three members or alternate members of the Legislative Commission.

     Sec. 20.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 3676ê

 

CHAPTER 529, SB 268

Senate Bill No. 268–Senator Lee

 

CHAPTER 529

 

[Approved: June 17, 2011]

 

AN ACT relating to public works; revising provisions relating to preferences when competing for contracts for certain public works projects; requiring a contractor to replace an unacceptable subcontractor on a public work of this State without an increase in the amount of the bid; requiring a prime contractor to forfeit a portion of the amount of a contract for a public work under certain circumstances; revising the manner in which a construction manager at risk may solicit bids and select a subcontractor for a public work; revising provisions governing the selection of a construction manager at risk for preconstruction services and the construction of a public work; revising the manner in which a construction manager at risk may solicit bids and select a subcontractor for a public work; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a contract for a public work involving a design-build team is awarded by a public body based on the application of certain criteria. A design-build team may qualify for a preference in bidding on such a contract if the contractor on the design-build team has submitted proof to the State Contractors’ Board that the contractor has paid certain taxes to the State for the past 5 years. (NRS 338.1389, 338.147, 338.1727, 408.3886)

       Section 2 of this bill allows a person who holds a certificate of registration to engage in the practice of architecture or landscape architecture or who holds a license as a professional engineer or professional land surveyor to qualify for a preference when competing for public works if the person has submitted proof to the appropriate licensing board that the person has paid certain taxes to the State for the past 3 years. Sections 26 and 31 of this bill allow a design-build team to receive a preference in selection as a finalist for a public work or a project for the construction, reconstruction or improvement of a highway if both the contractor and the design professionals on the design-build team possess a certificate of eligibility to receive their respective preferences. Sections 28 and 32 of this bill allow a design-build team that has been selected as a finalist for a public work or a project for the construction, reconstruction or improvement of a highway to receive a preference in selection for a contract only if both the contractor and the design professionals on the design-build team possess a certificate of eligibility to receive their respective preferences. Section 33 of this bill allows an architect, professional engineer or professional land surveyor to receive a preference in selection for certain public works if the architect, professional engineer or professional land surveyor possesses a certificate of eligibility to receive a preference when competing for public works.

       Existing law provides that a public body which selects a design-build team as a finalist in the selection process for a contract for a public work must make public specified information concerning the design-build team and its selection. (NRS 338.1725) Section 31 of this bill adds a similar requirement for the Department of Transportation to make public specified information concerning a design-build team and the selection of that design-build team as a finalist in the selection process for a contract for a project for the construction, reconstruction or improvement of a highway.

 


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ê2011 Statutes of Nevada, Page 3677 (Chapter 529, SB 268)ê

 

highway. Section 16 of this bill requires that a public body must, after selecting but before entering into a contract with a design professional who is not a member of a design-build team, transmit certain information concerning the selection of the design profession to the licensing board that regulates the design professional. That licensing board must post the information on its Internet website.

       Before a contract for a public work of this State is awarded, existing law requires a contractor to replace a subcontractor that is named in the contractor’s bid for the contract if the subcontractor is not properly licensed or has been disqualified from participating in public works sponsored by the State Public Works Board. (NRS 338.13895) Section 12 of this bill requires the contractor to replace such a subcontractor without an increase in the amount of the bid. This same requirement currently applies with respect to the replacement of a subcontractor named in a bid for a contract for a public work of a local government if the subcontractor is not properly licensed. (NRS 338.13895)

       Under existing law, a contractor is required to list in his or her bid for a public work the names of certain subcontractors who will be performing work on the public work if the contractor is awarded the contract. Existing law sets forth requirements with which a prime contractor who is awarded the contract must comply to substitute a subcontractor for another subcontractor. (NRS 338.141) If a prime contractor does not comply with the requirements related to the substitution of subcontractors, section 13 of this bill requires the prime contractor to forfeit 1 percent of the contract amount as a penalty.

       Existing law also requires a contractor to include his or her name on a bid for a public work if, as the prime contractor, the contractor will perform a portion of the work on the public work which is estimated to exceed 3 percent of the estimated cost of the public work. (NRS 338.141) Section 13 of this bill requires a prime contractor to forfeit a specified amount as a penalty if the prime contractor substitutes a subcontractor to perform the work that the prime contractor indicated on the bid that the prime contractor or another subcontractor would perform.

       In order for a subcontractor to be eligible to provide materials, equipment, work or other services on a public work for which a construction manager at risk was awarded a contract, existing law requires the subcontractor to be licensed and to be selected based on a process of competitive bidding set forth for all subcontractors on any public work in the State. (NRS 338.1699) Sections 4 and 5 of this bill changes the manner in which a construction manager at risk selects subcontractors and sets forth specific procedures a construction manager at risk must follow when selecting subcontractors to provide materials, equipment, work or other services on a public work for which the construction manager at risk was awarded a contract.

       Existing law authorizes a public body to construct a public work by selecting a construction manager at risk and sets forth certain procedures the public body must follow when selecting the construction manager at risk and entering into a contract with him or her for preconstruction services or to construct the public work. (NRS 338.169-338.1699) Sections 18-22 of this bill amend the provisions governing the way in which a public body must select a construction manager at risk. Existing law provides for a two-step selection process, wherein construction managers at risk must first submit a statement of qualifications, and then the public body selects finalists who are requested to submit final proposals and are interviewed before one is chosen to be awarded the contract. (NRS 338.1692-338.1695) Instead, sections 20 and 21 of this bill change the process to a single step: a construction manager at risk submits a proposal from the start, which contains a combination of the statement of qualifications and any material existing law required to be included in a final proposal, and the public body chooses which applicants to interview and which to select from those proposals. Section 22 of this bill allows a public body to enter into negotiations with the construction manager at risk who is providing the preconstruction services for the construction of a portion of the public work as soon as that portion of the design is finalized instead of waiting until the complete design is finished, as is currently required by existing law.

 


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ê2011 Statutes of Nevada, Page 3678 (Chapter 529, SB 268)ê

 

negotiations with the construction manager at risk who is providing the preconstruction services for the construction of a portion of the public work as soon as that portion of the design is finalized instead of waiting until the complete design is finished, as is currently required by existing law. In addition, section 22 allows the construction manager at risk providing preconstruction services to bid on the project if negotiations for the contract fail and the public body opens it up for bids.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

     Sec. 2.  1.  The State Board of Architecture, Interior Design and Residential Design shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of architecture pursuant to the provisions of chapter 623 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of architecture in this State:

     (a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or

     (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of architecture that:

           (1) Satisfies the requirements of NRS 623.350; and

           (2) Possesses a certificate of eligibility to receive a preference when competing for public works.

     2.  The State Board of Landscape Architecture shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to the provisions of chapter 623A of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of landscape architecture in this State:

     (a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or

     (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of landscape architecture that:

           (1) Satisfies the requirements of NRS 623A.250; and

           (2) Possesses a certificate of eligibility to receive a preference when competing for public works.

     3.  The State Board of Professional Engineers and Land Surveyors shall issue a certificate of eligibility to receive a preference when competing for public works to a professional engineer or professional land surveyor who is licensed pursuant to the provisions of chapter 625 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the professional engineer or professional land surveyor has, while licensed as a professional engineer or professional land surveyor in this State:

 


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and submits to the Board an affidavit from a certified public accountant setting forth that the professional engineer or professional land surveyor has, while licensed as a professional engineer or professional land surveyor in this State:

     (a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or

     (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in engineering or land surveying that:

           (1) Satisfies the requirements of NRS 625.407; and

           (2) Possesses a certificate of eligibility to receive a preference when competing for public works.

     4.  For the purposes of complying with the requirements set forth in paragraph (a) of subsection 1, paragraph (a) of subsection 2 and paragraph (a) of subsection 3, a person shall be deemed to have paid:

     (a) The excise tax imposed upon an employer by NRS 363B.110 by an affiliate or parent company of the person, if the affiliate or parent company also satisfies the requirements of NRS 623.350, 623A.250 or 625.407, as applicable; and

     (b) The excise tax imposed upon an employer by NRS 363B.110 by a joint venture in which the person is a participant, in proportion to the amount of interest the person has in the joint venture.

     5.  A design professional who has received a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 must, at the time for the renewal of his or her professional license or certificate of registration, as applicable, pursuant to chapter 623, 623A or 625 of NRS, submit to the applicable licensing board an affidavit from a certified public accountant setting forth that the design professional has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, as applicable, to maintain eligibility to hold such a certificate.

     6.  A design professional who fails to submit an affidavit to the applicable licensing board pursuant to subsection 5 ceases to be eligible to receive a preference when competing for public works unless the design professional reapplies for and receives a certificate of eligibility pursuant to subsection 1, 2 or 3, as applicable.

     7.  If a design professional holds more than one license or certificate of registration, the design professional must submit a separate application for each license or certificate of registration pursuant to which the design professional wishes to qualify for a preference when competing for public works. Upon issuance, the certificate of eligibility to receive a preference when competing for public works becomes part of the design professional’s license or certificate of registration for which the design professional submitted the application.

     8.  If a design professional who applies to a licensing board for a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 submits false information to the licensing board regarding the required payment of taxes, the design professional is not eligible to receive a preference when competing for public works for a period of 5 years after the date on which the licensing board becomes aware of the submission of the false information.

 


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public works for a period of 5 years after the date on which the licensing board becomes aware of the submission of the false information.

     9.  The State Board of Architecture, Interior Design and Residential Design, the State Board of Landscape Architecture and the State Board of Professional Engineers and Land Surveyors shall adopt regulations and may assess reasonable fees relating to their respective certification of design professionals for a preference when competing for public works.

     10.  A person or entity who believes that a design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works may challenge the validity of the certificate by filing a written objection with the public body which selected, for the purpose of providing services for a public work, the design professional who holds the certificate. A written objection authorized pursuant to this subsection must:

     (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works; and

     (b) Be filed with the public body not later than 3 business days after:

           (1) The date on which the public body makes available to the public pursuant to subsection 3 of NRS 338.1725 the information required by that subsection, if the design-build team of which the design profession who holds the certificate is a part was selected as a finalist pursuant to NRS 338.1725;

           (2) The date on which the Department of Transportation makes available to the public pursuant to subsection 3 of NRS 408.3885 the information required by that subsection, if the design-build team of which the design professional who holds the certificate is a part was selected as a finalist pursuant to NRS 408.3885; or

           (3) The date on which the licensing board which issued the certificate to the design professional posted on its Internet website the information required by subsection 3 of NRS 338.155, if the design professional is identified in that information as being selected for a contract governed by NRS 338.155.

     11.  If a public body receives a written objection pursuant to subsection 10, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the design professional qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.

     Sec. 3.  1.  Notwithstanding the provisions of sections 4 and 5 of this act, and subject to the provisions of subsection 2, if a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1693, the construction manager at risk may enter into a contract with a subcontractor licensed pursuant to chapter 624 of NRS to provide any of the following preconstruction services, the basis of payment for which is a negotiated price:

 


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of NRS to provide any of the following preconstruction services, the basis of payment for which is a negotiated price:

     (a) Assisting the construction manager at risk in identifying and selecting materials and equipment to be provided by each subcontractor;

     (b) Assisting the construction manager at risk in creating a schedule for the provision of labor, materials or equipment by each subcontractor;

     (c) For the purpose of enabling the construction manager at risk to establish a budget for the construction of the public work, estimating the cost of labor, materials or equipment to be provided by each subcontractor; and

     (d) Providing recommendations to the construction manager at risk regarding the design for the public work, as the design pertains to the labor, materials or equipment to be provided by each subcontractor.

     2.  A subcontractor may not provide preconstruction services pursuant to this section in an area of work outside the field or scope of the license of the subcontractor.

     Sec. 4.  1.  To be eligible to provide labor, materials or equipment on a public work, the contract for which a public body has entered into with a construction manager at risk pursuant to NRS 338.1696, a subcontractor must be:

     (a) Licensed pursuant to chapter 624 of NRS; and

     (b) Qualified pursuant to the provisions of this section to submit a proposal for the provision of labor, materials or equipment on a public work.

     2.  Subject to the provisions of subsections 3, 4 and 5, the construction manager at risk shall determine whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment on the public work for the purposes of paragraph (b) of subsection 1.

     3.  After the design and schedule for the construction of the public work is sufficiently detailed and complete to allow a subcontractor to apply to qualify to submit a meaningful and responsive proposal for the provision of labor, materials or equipment on the public work, and not later than 21 days before the date by which such an application must be submitted, the construction manager at risk shall advertise for such applications in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed. If no qualified newspaper is published in the county where the public work will be performed, the advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

     4.  The criteria to be used by the construction manager at risk when determining whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment must include, and must be limited to:

     (a) The monetary limit placed on the license of the applicant by the State Contractors’ Board pursuant to NRS 624.220;

     (b) The financial ability of the applicant to provide the labor, materials or equipment required on the public work;

     (c) Whether the applicant has the ability to obtain the necessary bonding for the work required by the public body;

     (d) The safety programs established and the safety records accumulated by the applicant;

 


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     (e) Whether the applicant has breached any contracts with a public body or person in this State or any other state during the 5 years immediately preceding the application;

     (f) Whether the applicant has been disciplined or fined by the State Contractors’ Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the public work;

     (g) The performance history of the applicant concerning other recent, similar public or private contracts, if any, completed by the applicant in Nevada;

     (h) The principal personnel of the applicant;

     (i) Whether the applicant has been disqualified from the award of any contract pursuant to NRS 338.017 or 338.13895; and

     (j) The truthfulness and completeness of the application.

     5.  The public body or its authorized representative shall ensure that each determination made pursuant to subsection 2 is made subject to the provisions of subsection 4.

     6.  The construction manager at risk shall notify each applicant and the public body in writing of a determination made pursuant to subsection 2.

     7.  A determination made pursuant to subsection 2 that an applicant is not qualified may be appealed pursuant to NRS 338.1381 to the public body with whom the construction manager at risk has entered into a contract for the construction of the public work.

     Sec. 5.  1.  If a public body enters into a contract with a construction manager at risk for the construction of a public work pursuant to NRS 338.1696, the construction manager at risk may enter into a subcontract for the provision of labor, materials and equipment necessary for the construction of the public work only as provided in this section.

     2.  The provisions of this section apply only to a subcontract for which the estimated value is at least 1 percent of the total cost of the public work.

     3.  After the design and schedule for the construction of the public work is sufficiently detailed and complete to allow a subcontractor to submit a meaningful and responsive proposal, and not later than 21 days before the date by which a proposal for the provision of labor, materials or equipment by a subcontractor must be submitted, the construction manager at risk shall notify in writing each subcontractor who was determined pursuant to section 4 of this act to be qualified to submit such a proposal of a request for such proposals. A copy of the notice required pursuant to this subsection must be provided to the public body.

     4.  The notice required pursuant to subsection 3 must include, without limitation:

     (a) A description of the design for the public work and a statement indicating where a copy of the documents relating to that design may be obtained;

     (b) A description of the type and scope of labor, equipment and materials for which subcontractor proposals are being sought;

     (c) The dates on which it is anticipated that construction of the public work will begin and end;

     (d) The date, time and place at which a preproposal meeting will be held;

     (e) The date and time by which proposals must be received, and to whom they must be submitted;

 


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     (f) The date, time and place at which proposals will be opened for evaluation;

     (g) A description of the bonding and insurance requirements for subcontractors;

     (h) Any other information reasonably necessary for a subcontractor to submit a responsive proposal; and

     (i) A statement in substantially the following form:

 

Notice: For a proposal for a subcontract on the public work to be considered:

     1. The subcontractor must be licensed pursuant to chapter 624 of NRS;

     2. The proposal must be timely received;

     3. The subcontractor must attend the preproposal meeting; and

     4. The subcontractor may not modify the proposal after the date and time the proposal is received.

 

     5.  A subcontractor may not modify a proposal after the date and time the proposal is received.

     6.  To be considered responsive, a proposal must:

     (a) Be timely received by the construction manager at risk; and

     (b) Substantially and materially conform to the details and requirements included in the proposal instructions and for the finalized bid package for the public work, including, without limitation, details and requirements affecting price and performance.

     7.  The opening of the proposals must be attended by an authorized representative of the public body and the architect or engineer responsible for the design of the public work but is not otherwise open to the public.

     8.  At the time the proposals are opened, the construction manager at risk shall compile and provide to the public body or its authorized representative a list that includes, without limitation, the name and contact information of each subcontractor who submits a timely proposal and the price of the proposal submitted by the subcontractor. The list must be made available to the public upon request.

     9.  Not less than 10 working days after opening the proposal, the construction manager at risk shall:

     (a) Evaluate the proposals and determine which proposals are responsive.

     (b) Select the subcontractor who submits the proposal that the construction manager at risk determines is the best proposal. The subcontractor must be selected from among those:

           (1) Who attended the preproposal meeting;

           (2) Who submitted a responsive proposal; and

           (3) Whose names are included on the list compiled and provided to the public body or its authorized representative pursuant to subsection 8.

     (c) Inform the public body or its authorized representative which subcontractor has been selected.

     10.  The public body or its authorized representative shall ensure that the evaluation of proposals and selection of subcontractors are done pursuant to the provisions of this section and regulations adopted by the State Public Works Board.

 


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     11.  A subcontractor selected pursuant to subsection 9 need not be selected by the construction manager at risk solely on the basis of lowest price.

     12.  Except as otherwise provided in subsection 13, the construction manager at risk shall enter into a subcontract with a subcontractor selected pursuant to subsection 9 to provide the labor, materials or equipment described in the request for proposals.

     13.  A construction manager at risk shall not substitute a subcontractor for any subcontractor selected pursuant to subsection 9 unless:

     (a) The public body or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change; or

     (b) The substitution is approved by the public body after the selected subcontractor:

           (1) Files for bankruptcy or becomes insolvent;

           (2) After having a reasonable opportunity, fails or refuses to execute a written contract with the construction manager at risk which was offered to the selected subcontractor with the same general terms that all other subcontractors on the project were offered;

           (3) Fails or refuses to perform the subcontract within a reasonable time;

           (4) Is unable to furnish a performance bond and payment bond pursuant to NRS 339.025, if required for the public work; or

           (5) Is not properly licensed to provide that labor or portion of the work.

     14.  The construction manager at risk shall make available to the public, including, without limitation, each subcontractor who submits a proposal, the final rankings of the subcontractors and shall provide, upon request, an explanation to any subcontractor who is not selected of the reasons why the subcontractor was not selected.

     15.  If a public work is being constructed in phases, and a construction manager at risk selects a subcontractor pursuant to subsection 9 for the provision of labor, materials or equipment for any phase of that construction, the construction manager at risk may select that subcontractor for the provision of labor, materials or equipment for any other phase of the construction without following the requirements of subsections 3 to 11, inclusive.

     Sec. 6.  NRS 338.1373 is hereby amended to read as follows:

     338.1373  1.  A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of:

     (a) NRS 338.1377 to 338.139, inclusive;

     (b) NRS 338.143 to 338.148, inclusive;

     (c) NRS 338.169 to [338.1699,] 338.16985, inclusive [;] , and sections 3, 4 and 5 of this act; or

     (d) NRS 338.1711 to 338.1727, inclusive.

     2.  The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142 [, 338.169 to 338.1699, inclusive,] and 338.1711 to 338.1727, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.

 


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     Sec. 7.  NRS 338.1373 is hereby amended to read as follows:

     338.1373  1.  A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of:

     (a) NRS 338.1377 to 338.139, inclusive;

     (b) NRS 338.143 to 338.148, inclusive;

     (c) NRS 338.169 to 338.16985, inclusive, and sections 3, 4 and 5 of this act; or

     (d) NRS 338.1711 to 338.1727, inclusive [.] , and section 2 of this act.

     2.  The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142 and 338.1711 to 338.1727, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.

     Sec. 8.  NRS 338.1373 is hereby amended to read as follows:

     338.1373  1.  A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of:

     (a) NRS 338.1377 to 338.139, inclusive;

     (b) NRS 338.143 to 338.148, inclusive;

     (c) NRS 338.169 to 338.16985, inclusive, and sections 3, 4 and 5 of this act; or

     (d) NRS 338.1711 to 338.1727, inclusive, and section 2 of this act.

     2.  The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142 , 338.169 to 338.16985, inclusive, and sections 3, 4 and 5 of this act and 338.1711 to 338.1727, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.

     Sec. 9.  (Deleted by amendment.)

     Sec. 10.  NRS 338.1381 is hereby amended to read as follows:

     338.1381  1.  If, within 10 days after receipt of the notice denying an application pursuant to NRS 338.1379 or section 4 of this act or disqualifying a subcontractor pursuant to NRS 338.1376, the applicant or subcontractor, as applicable, files a written request for a hearing with the State Public Works Board or the local government, the Board or governing body shall set the matter for a hearing within 20 days after receipt of the request. The hearing must be held not later than 45 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.

     2.  The hearing must be held at a time and place prescribed by the Board or local government. At least 10 days before the date set for the hearing, the Board or local government shall serve the applicant or subcontractor with written notice of the hearing. The notice may be served by personal delivery to the applicant or subcontractor or by certified mail to the last known business or residential address of the applicant or subcontractor.

     3.  The applicant or subcontractor has the burden at the hearing of proving by substantial evidence that the applicant is entitled to be qualified to bid on a contract for a public work, or that the subcontractor is qualified to be a subcontractor on a contract for a public work.

     4.  In conducting a hearing pursuant to this section, the Board or governing body may:

 


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     (a) Administer oaths;

     (b) Take testimony;

     (c) Issue subpoenas to compel the attendance of witnesses to testify before the Board or governing body;

     (d) Require the production of related books, papers and documents; and

     (e) Issue commissions to take testimony.

     5.  If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena issued pursuant to subsection 4, the Board or governing body may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents.

     6.  The Board or governing body shall issue a decision on the matter during the hearing. The decision of the Board or governing body is a final decision for purposes of judicial review.

     Sec. 11.  NRS 338.1385 is hereby amended to read as follows:

     338.1385  1.  Except as otherwise provided in subsection 9 and NRS 338.1906 and 338.1907, this State, or a governing body or its authorized representative that awards a contract for a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373 shall not:

     (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

     (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1386, 338.13862 and 338.13864 and, with respect to the State, NRS 338.1384 to 338.13847, inclusive.

     (c) Divide a public work into separate portions to avoid the requirements of paragraph (a) or (b).

     2.  At least once each quarter, the authorized representative of a public body shall report to the public body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

     3.  Each advertisement for bids must include a provision that sets forth the requirement that a contractor must be qualified pursuant to NRS 338.1379 or 338.1382 to bid on the contract.

     4.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

     5.  Except as otherwise provided in subsection 6 and NRS 338.1389, a public body or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

     6.  Any bids received in response to an advertisement for bids may be rejected if the public body or its authorized representative responsible for awarding the contract determines that:

     (a) The bidder is not a qualified bidder pursuant to NRS 338.1379 or 338.1382;

     (b) The bidder is not responsive or responsible;

 


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     (c) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or

     (d) The public interest would be served by such a rejection.

     7.  A public body may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:

     (a) The public body publishes a notice stating that no bids were received and that the contract may be let without further bidding;

     (b) The public body considers any bid submitted in response to the notice published pursuant to paragraph (a);

     (c) The public body lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and

     (d) The contract is awarded to the bidder who has submitted the lowest responsive and responsible bid.

     8.  Before a public body may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the public body shall prepare and make available for public inspection a written statement containing:

     (a) A list of all persons, including supervisors, whom the public body intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;

     (b) A list of all equipment that the public body intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

     (c) An estimate of the cost of administrative support for the persons assigned to the public work;

     (d) An estimate of the total cost of the public work, including the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and

     (e) An estimate of the amount of money the public body expects to save by rejecting the bids and performing the public work itself.

     9.  This section does not apply to:

     (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

     (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

     (c) Normal maintenance of the property of a school district;

     (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993;

     (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive;

     (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to NRS 338.1435; or

     (g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to NRS 338.169 to [338.1699,] 338.16985, inclusive [.] , and sections 3, 4 and 5 of this act.

 


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     Sec. 12.  NRS 338.13895 is hereby amended to read as follows:

     338.13895  1.  The State Public Works Board shall not award a contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of the person’s license. A subcontractor who is:

     (a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141; and

     (b) Not properly licensed for that portion of the work, or who, at the time of the bid, is on disqualified status with the State Public Works Board pursuant to NRS 338.1376,

Ê shall be deemed unacceptable. If the subcontractor is deemed unacceptable pursuant to this subsection, the contractor shall provide an acceptable subcontractor [.] with no increase in the amount of the contract or bid.

     2.  A local government awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of the person’s license. A subcontractor who is:

     (a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141; and

     (b) Not properly licensed for that portion of work,

Ê shall be deemed unacceptable. If the subcontractor is deemed unacceptable pursuant to this subsection, the contractor shall provide an acceptable subcontractor with no increase in the amount of the contract [.] or bid.

     3.  If, after awarding the contract, but before commencement of the work, the public body or its authorized representative discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed the person’s license, the public body or its authorized representative shall rescind the award of the contract and may accept the next lowest bid for that public work from a responsive bidder who was determined by the public body or its authorized representative to be a qualified bidder pursuant to NRS 338.1379 or 338.1382 without requiring that new bids be submitted.

     Sec. 13.  NRS 338.141 is hereby amended to read as follows:

     338.141  1.  Except as otherwise provided in NRS 338.1727, each bid submitted to a public body for any public work to which paragraph (a) of subsection 1 of NRS 338.1385 or paragraph (a) of subsection 1 of NRS 338.143 applies, must include:

     (a) If the public body provides a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide such labor or portion of the work on the public work which is estimated to exceed 3 percent of the estimated cost of the public work; or

     (b) If the public body does not provide a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding 5 percent of the prime contractor’s total bid. If the bid is submitted pursuant to this paragraph, within 2 hours after the completion of the opening of the bids, the contractors who submitted the three lowest bids must submit a list containing the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding 1 percent of the prime contractor’s total bid or $50,000, whichever is greater, and the number of the license issued to the first tier subcontractor pursuant to chapter 624 of NRS.

 


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three lowest bids must submit a list containing the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding 1 percent of the prime contractor’s total bid or $50,000, whichever is greater, and the number of the license issued to the first tier subcontractor pursuant to chapter 624 of NRS.

     2.  The lists required by subsection 1 must include a description of the labor or portion of the work which each first tier subcontractor named in the list will provide to the prime contractor.

     3.  A prime contractor shall include his or her name on a list required by paragraph (a) or (b) of subsection 1 if , as the prime contractor , the prime contractor will perform any of the work required to be listed pursuant to paragraph (a) or (b) of subsection 1.

     4.  Except as otherwise provided in this subsection, if a contractor:

     (a) Fails to submit the list within the required time; or

     (b) Submits a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the State Public Works Board pursuant to NRS 338.1376,

Ê the contractor’s bid shall be deemed not responsive. A contractor’s bid shall not be deemed not responsive on the grounds that the contractor submitted a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the State Public Works Board pursuant to NRS 338.1376 if the contractor, before the award of the contract, provides an acceptable replacement subcontractor in the manner set forth in subsection 1 or 2 of NRS 338.13895.

     5.  A prime contractor [whose bid is accepted] shall not substitute a subcontractor for any subcontractor who is named in the bid, unless:

     (a) The public body or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change.

     (b) The substitution is approved by the public body or its authorized representative. The substitution must be approved if the public body or its authorized representative determines that:

           (1) The named subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the contractor which was offered to the named subcontractor with the same general terms that all other subcontractors on the project were offered;

           (2) The named subcontractor files for bankruptcy or becomes insolvent;

           (3) The named subcontractor fails or refuses to perform his or her subcontract within a reasonable time or is unable to furnish a performance bond and payment bond pursuant to NRS 339.025; or

           (4) The named subcontractor is not properly licensed to provide that labor or portion of the work.

     (c) If the public body awarding the contract is a governing body, the public body or its authorized representative, in awarding the contract pursuant to NRS 338.1375 to 338.139, inclusive:

           (1) Applies such criteria set forth in NRS 338.1377 as are appropriate for subcontractors and determines that the subcontractor does not meet that criteria; and

           (2) Requests in writing a substitution of the subcontractor.

 


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     6.  If a prime contractor substitutes a subcontractor for any subcontractor who is named in the bid without complying with the provisions of subsection 5, the prime contractor shall forfeit, as a penalty to the public body that awarded the contract, an amount equal to 1 percent of the total amount of the contract.

     7.  If a prime contractor [indicates] indicated pursuant to subsection [1] 3 that he or she [will] would perform a portion of work on the public work and [thereafter requests to substitute] , after the submission of the bid, substitutes a subcontractor to perform such work, the prime contractor shall [provide to the public body a written explanation in the form required by the public body which contains the reasons that:

     (a) A subcontractor was not originally contemplated to be used on that portion of the public work; and

     (b) The substitution is in the best interest of the public body.

     7.] forfeit as a penalty to the public body that awarded the contract, the lesser of, and excluding any amount of the contract that is attributable to change orders:

     (a) An amount equal to 2.5 percent of the total amount of the contract; or

     (b) An amount equal to 35 percent of the estimate by the engineer of the cost of the work the prime contractor indicated pursuant to subsection 3 that he or she would perform on the public work.

     8.  As used in this section:

     (a) “First tier subcontractor” means a subcontractor who contracts directly with a prime contractor to provide labor, materials or services for a construction project.

     (b) “General terms” means the terms and conditions of a contract that set the basic requirements for a public work and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the public work that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.

     Sec. 14.  NRS 338.142 is hereby amended to read as follows:

     338.142  1.  A person who bids on a contract may file a notice of protest regarding the awarding of the contract with the authorized representative designated by the public body within 5 business days after the date the [bids were opened] recommendation to award a contract is issued by the public body or its authorized representative.

     2.  The notice of protest must include a written statement setting forth with specificity the reasons the person filing the notice believes the applicable provisions of law were violated.

     3.  A person filing a notice of protest may be required by the public body or its authorized representative, at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in this state or submit other security, in a form approved by the public body, to the public body who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of:

     (a) Twenty-five percent of the total value of the bid submitted by the person filing the notice of protest; or

 


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     (b) Two hundred fifty thousand dollars.

     4.  A notice of protest filed in accordance with the provisions of this section operates as a stay of action in relation to the awarding of any contract until a determination is made by the public body on the protest.

     5.  A person who makes an unsuccessful bid may not seek any type of judicial intervention until the public body has made a determination on the protest and awarded the contract.

     6.  Neither a public body nor any authorized representative of the public body is liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a person who makes a bid, whether or not the person files a notice of protest pursuant to this section.

     7.  If the protest is upheld, the bond posted or other security submitted with the notice of protest must be returned to the person who posted the bond or submitted the security. If the protest is rejected, a claim may be made against the bond or other security by the public body in an amount equal to the expenses incurred by the public body because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the person who posted the bond or submitted the security.

     Sec. 15.  NRS 338.143 is hereby amended to read as follows:

     338.143  1.  Except as otherwise provided in subsection 8 and NRS 338.1907, a local government or its authorized representative that awards a contract for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 shall not:

     (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

     (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1442, 338.1444 and 338.1446.

     (c) Divide a project work into separate portions to avoid the requirements of paragraph (a) or (b).

     2.  At least once each quarter, the authorized representative of a local government shall report to the governing body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

     3.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

     4.  Except as otherwise provided in subsection 5 and NRS 338.147, the local government or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

     5.  Any bids received in response to an advertisement for bids may be rejected if the local government or its authorized representative responsible for awarding the contract determines that:

     (a) The bidder is not responsive or responsible;

     (b) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or

 


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     (c) The public interest would be served by such a rejection.

     6.  A local government may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:

     (a) The local government publishes a notice stating that no bids were received and that the contract may be let without further bidding;

     (b) The local government considers any bid submitted in response to the notice published pursuant to paragraph (a);

     (c) The local government lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and

     (d) The contract is awarded to the lowest responsive and responsible bidder.

     7.  Before a local government may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the local government shall prepare and make available for public inspection a written statement containing:

     (a) A list of all persons, including supervisors, whom the local government intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;

     (b) A list of all equipment that the local government intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

     (c) An estimate of the cost of administrative support for the persons assigned to the public work;

     (d) An estimate of the total cost of the public work, including the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and

     (e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the public work itself.

     8.  This section does not apply to:

     (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

     (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

     (c) Normal maintenance of the property of a school district;

     (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993;

     (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive;

     (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to NRS 338.1435; or

     (g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to NRS 338.169 to [338.1699,] 338.16985, inclusive [.] , and sections 3, 4 and 5 of this act.

 


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     Sec. 16.  NRS 338.155 is hereby amended to read as follows:

     338.155  1.  If a public body enters into a contract with a design professional who is not a member of a design-build team, for the provision of services in connection with a public work, the contract:

     (a) Must set forth:

           (1) The specific period within which the public body must pay the design professional.

           (2) The specific period and manner in which the public body may dispute a payment or portion thereof that the design professional alleges is due.

           (3) The terms of any penalty that will be imposed upon the public body if the public body fails to pay the design professional within the specific period set forth in the contract pursuant to subparagraph (1).

           (4) That the prevailing party in an action to enforce the contract is entitled to reasonable attorney’s fees and costs.

     (b) May set forth the terms of any discount that the public body will receive if the public body pays the design professional within the specific period set forth in the contract pursuant to subparagraph (1) of paragraph (a).

     (c) May set forth the terms by which the design professional agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design professional, if the policy allows such an addition.

     (d) Must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers or agents of the public body.

     (e) Except as otherwise provided in this paragraph, may require the design professional to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys’ fees and costs, to the extent that such liabilities, damages, losses, claims, actions or proceedings are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design professional or the employees or agents of the design professional in the performance of the contract. If the insurer by which the design professional is insured against professional liability does not so defend the public body and the employees, officers and agents of the public body and the design professional is adjudicated to be liable by a trier of fact, the trier of fact shall award reasonable attorney’s fees and costs to be paid to the public body by the design professional in an amount which is proportionate to the liability of the design professional.

     2.  Any provision of a contract entered into by a public body and a design professional who is not a member of a design-build team that conflicts with the provisions of paragraph (d) or (e) of subsection 1 is void.

     3.  A public body shall not enter into a contract with a design professional who is not a member of a design-build team for the provision of services in connection with a public work until 3 days after the public body has transmitted the information relating to the selection of the design professional to the licensing board that regulates the design professional, including, without limitation, the name of the public body, the name of the design professional, whether the design professional possesses a certificate of eligibility to receive a preference when competing for public works and a brief description of the project and services the design professional was selected for, and the licensing board has posted such information on its Internet website.

 


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of eligibility to receive a preference when competing for public works and a brief description of the project and services the design professional was selected for, and the licensing board has posted such information on its Internet website. A licensing board shall post any information received pursuant to this subsection within 1 business day after receiving such information.

     4.  As used in this section, “agents” means those persons who are directly involved in and acting on behalf of the public body or the design professional, as applicable, in furtherance of the contract or the public work to which the contract pertains.

     Sec. 17.  (Deleted by amendment.)

     Sec. 18.  NRS 338.169 is hereby amended to read as follows:

     338.169  A public body may construct a public work by:

     1.  Selecting a construction manager at risk pursuant to the provisions of NRS 338.1691 to 338.1696, inclusive; and

     2.  Entering into separate contracts with a construction manager at risk:

     (a) For preconstruction services, including, without limitation:

           (1) Assisting the public body in determining whether scheduling or [design] constructability problems exist that would delay the construction of the public work;

           (2) Estimating the cost of the labor and material for the public work; and

           (3) Assisting the public body in determining whether the public work can be constructed within the public body’s budget; and

     (b) To construct the public work.

     Sec. 19.  NRS 338.1691 is hereby amended to read as follows:

     338.1691  To qualify to enter into contracts with a public body for preconstruction services and to construct a public work, a construction manager at risk must:

     1.  Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for [statements of qualifications] proposals pursuant to NRS 338.1692;

     2.  Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333;

     3.  Be licensed as a contractor pursuant to chapter 624 of NRS; and

     4.  If the project is for the [design] construction of a public work of the State, be qualified to bid on a public work of the State pursuant to NRS 338.1379.

     Sec. 20.  NRS 338.1692 is hereby amended to read as follows:

     338.1692  1.  A public body or its authorized representative shall advertise for [statements of qualifications] proposals for a construction manager at risk in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

     2.  A request for [a statement of qualifications] proposals published pursuant to subsection 1 must include, without limitation:

     (a) A description of the public work;

     (b) An estimate of the cost of construction;

 


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     (c) A description of the work that the public body expects a construction manager at risk to perform;

     (d) The dates on which it is anticipated that the separate phases of the preconstruction and construction of the public work will begin and end;

     (e) The date by which [statements of qualifications] proposals must be submitted to the public body;

     (f) If the project is a public work of the State, a statement setting forth that the construction manager at risk must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a [statement of qualifications;] proposal;

     (g) The name, title, address and telephone number of a person employed by the public body that an applicant may contact for further information regarding the public work; [and]

     (h) A list of the selection criteria and relative weight of the selection criteria that will be used to evaluate [statements of qualifications.] proposals; and

     (i) A notice that the proposed form of the contract to assist in the preconstruction of the public work or to construct the public work, including, without limitation, the terms and general conditions of the contract, is available from the public body.

     3.  A [statement of qualifications] proposal must include, without limitation:

     (a) An explanation of the experience that the applicant has with projects of similar size and scope [;] in both the public and private sectors, including, without limitation, an explanation of the experience that the applicant has in assisting in the design of such projects and an explanation of the experience that the applicant has in such projects in Nevada;

     (b) The contact information for references who have knowledge of the background, character and technical competence of the applicant;

     (c) [The applicant’s preliminary proposal for managing the preconstruction and construction of the public work;

     (d)] Evidence of the ability of the applicant to obtain the necessary bonding for the work to be required by the public body;

     [(e)] (d) Evidence that the applicant has obtained or has the ability to obtain such insurance as may be required by law; [and]

     [(f)] (e) A statement of whether the applicant has been:

           (1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause [;] , during the 5 years immediately preceding the date of the advertisement for proposals; and

           (2) Disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333 [.] ;

     (f) The professional qualifications and experience of the applicant, including, without limitation, the resume of any employee of the applicant who will be managing the preconstruction and construction of the public work;

     (g) The safety programs established and the safety records accumulated by the applicant;

     (h) Evidence that the applicant is licensed as a contractor pursuant to chapter 624 of NRS;

 


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     (i) The proposed plan of the applicant to manage the preconstruction and construction of the public work which sets forth in detail the ability of the applicant to provide preconstruction services and to construct the public work; and

     (j) If the project is for the design of a public work of the State, evidence that the applicant is qualified to bid on a public work of the State pursuant to NRS 338.1379.

     Sec. 21.  NRS 338.1693 is hereby amended to read as follows:

     338.1693  1.  The public body or its authorized representative shall appoint a panel consisting of at least three members , at least two of whom must have experience in the construction industry, to rank the [statements of qualifications] proposals submitted to the public body by evaluating the [statements of qualifications] proposals as required pursuant to subsections 2 and 3.

     2.  The panel shall rank the [statements of qualifications] proposals by:

     (a) Verifying that each applicant satisfies the requirements of NRS 338.1691; and

     (b) [Conducting an evaluation of the qualifications of each applicant based on the factors and relative weight assigned to each factor that the public body specified in the request for statements of qualifications advertised pursuant to NRS 338.1692.] Evaluating and assigning a score to each of the proposals received by the public body based on the factors and relative weight assigned to each factor that the public body specified in the request for proposals.

     3.  When ranking the [statements of qualifications,] proposals, the panel shall assign a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference in bidding on public works. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.

     4.  After the panel ranks the [statements of qualifications,] proposals, the public body or its authorized representative shall [:

     (a) Make available to the public the rankings of the applicants; and

     (b) Except] , except as otherwise provided in subsection 5, select at least the two but not more than the five applicants [that the panel determined to be most qualified as finalists to submit final proposals to the public body pursuant to NRS 338.1694.] whose proposals received the highest scores for interviews. During the interview process, the public body or its authorized representative may require the applicants to submit a preliminary proposed amount of compensation for managing the preconstruction and construction of the public work, but in no event shall the proposed amount of compensation exceed 20 percent of the scoring for the selection of the most qualified applicant. After conducting such interviews, the panel shall rank the applicants by using a ranking process that is separate from the process used to rank proposals pursuant to subsection 2 and is based only on information submitted during the interview process. The score to be given for the proposed amount of compensation, if any, must be calculated by dividing the lowest of all the proposed amounts of compensation by the applicant’s proposed amount of compensation multiplied by the total possible points available to each applicant.

 


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     5.  If the public body did not receive at least two [statements of qualifications from applicants that the panel determines to be qualified pursuant to this section and NRS 338.1691,] proposals, the public body may not contract with a construction manager at risk.

     6.  Upon receipt of the final rankings of the applicants from the panel, the public body or its authorized representative shall enter into negotiations with the most qualified applicant determined pursuant to subsections 2, 3 and 4 for a contract for preconstruction services, unless the public body required the submission of a proposed amount of compensation, in which case the proposed amount of compensation submitted by the applicant must be the amount offered for the contract. If the public body or its authorized representative is unable to negotiate a contract with the most qualified applicant for an amount of compensation that the public body or its authorized representative and the most qualified applicant determine to be fair and reasonable, the public body or its authorized representative shall terminate negotiations with that applicant. The public body or its authorized representative may then undertake negotiations with the next most qualified applicant in sequence until an agreement is reached and, if the negotiation is undertaken by an authorized representative of the public body, approved by the public body or until a determination is made by the public body to reject all applicants.

     7.  The public body or its authorized representative shall make available to all applicants and the public the final rankings of the applicants and shall provide, upon request, an explanation to any unsuccessful applicant of the reasons why the applicant was unsuccessful.

     Sec. 22.  NRS 338.1696 is hereby amended to read as follows:

     338.1696  1.  If a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS [338.1695,] 338.1693, after the public body has finalized the design for the public work, or any portion thereof sufficient to determine the provable cost of that portion, the public body shall enter into negotiations with the construction manager at risk for a contract to construct the public work or the portion thereof for the public body for:

     (a) The cost of the work, plus a fee, with a guaranteed maximum price;

     (b) A fixed price; or

     (c) A fixed price plus reimbursement for overhead and other costs and expenses related to the construction of the public work [.] or portion thereof.

     2.  If the public body is unable to negotiate a satisfactory contract with the construction manager at risk to construct the public work [,] or portion thereof, the public body [:

     (a) Shall] shall terminate negotiations with that applicant [;] and :

     [(b)] (a) May award the contract for the public work:

           (1) If the public body is not a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive.

           (2) If the public body is a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive, or 338.143 to 338.148, inclusive [.] ; and

     (b) Shall accept a bid to construct the public work from the construction manager at risk with whom the public body entered into a contract for preconstruction services.

 


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     Sec. 23.  NRS 338.1698 is hereby amended to read as follows:

     338.1698  A contract awarded to a construction manager at risk pursuant to NRS [338.1695 or] 338.1696:

     1.  Must comply with the provisions of NRS 338.020 to 338.090, inclusive.

     2.  Must specify a date by which performance of the work required by the contract must be completed.

     3.  May set forth the terms by which the construction manager at risk agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the construction manager at risk.

     4.  Must require that the construction manager at risk to whom a contract is awarded assume overall responsibility for ensuring that the preconstruction or construction of the public work, as applicable, is completed in a satisfactory manner.

     5.  May include such additional provisions as may be agreed upon by the public body and the construction manager at risk.

     Sec. 24.  NRS 338.1711 is hereby amended to read as follows:

     338.1711  1.  Except as otherwise provided in this section and NRS 338.161 to [338.1699,] 338.16985, inclusive, and sections 3, 4 and 5 of this act, a public body shall contract with a prime contractor for the construction of a public work for which the estimated cost exceeds $100,000.

     2.  A public body may contract with a design-build team for the design and construction of a public work that is a discrete project if the public body has approved the use of a design-build team for the design and construction of the public work and the public work [:

     (a) Is the construction of a park and appurtenances thereto, the rehabilitation or remodeling of a public building, or the construction of an addition to a public building; or

     (b) Has] has an estimated cost which exceeds [$10,000,000.] $5,000,000.

     Sec. 25.  NRS 338.1718 is hereby amended to read as follows:

     338.1718  1.  A construction manager as agent:

     (a) Must:

           (1) Be a contractor licensed pursuant to chapter 624 of NRS;

           (2) Hold a certificate of registration to practice architecture, interior design or residential design pursuant to chapter 623 of NRS; or

           (3) Be licensed as a professional engineer pursuant to chapter 625 of NRS.

     (b) May enter into a contract with a public body to assist in the planning, scheduling and management of the construction of a public work without assuming any responsibility for the cost, quality or timely completion of the construction of the public work. A construction manager as agent who enters into a contract with a public body pursuant to this section may not [take] :

           (1) Take part in the design or construction of the public work [.] ; or

           (2) Act as an agent of the public body to select a subcontractor if the work to be performed by the subcontractor is part of a larger public work.

     2.  A contract between a public body and a construction manager as agent is not required to be awarded by competitive bidding.

 


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     Sec. 26.  NRS 338.1725 is hereby amended to read as follows:

     338.1725  1.  The public body shall select at least two but not more than four finalists from among the design-build teams that submitted preliminary proposals. If the public body does not receive at least two preliminary proposals from design-build teams that the public body determines to be qualified pursuant to this section and NRS 338.1721, the public body may not contract with a design-build team for the design and construction of the public work.

     2.  The public body shall select finalists pursuant to subsection 1 by:

     (a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of NRS 338.1721; [and]

     (b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of:

           (1) The professional qualifications and experience of the members of the design-build team;

           (2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any;

           (3) The safety programs established and the safety records accumulated by the members of the design-build team; and

           (4) The proposed plan of the design-build team to manage the design and construction of the public work that sets forth in detail the ability of the design-build team to design and construct the public work [.] ; and

     (c) Except as otherwise provided in this paragraph, assigning, without limitation, a relative weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by all contractors on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all design professionals on the design-build team. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this paragraph relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this paragraph do not apply insofar as their application would preclude or reduce federal assistance for that public work.

     3.  After the selection of finalists pursuant to this section, the public body shall make available to the public the results of the evaluations of preliminary proposals conducted pursuant to paragraph (b) of subsection 2 and [the rankings of the design build teams who submitted preliminary proposals.] identify which of the finalists, if any, received an assignment of 5 percent pursuant to paragraph (c) of subsection 2.

     Sec. 27.  NRS 338.1727 is hereby amended to read as follows:

     338.1727  1.  After selecting the finalists pursuant to NRS 338.1725, the public body shall provide to each finalist a request for final proposals for the public work. The request for final proposals must:

     (a) Set forth the factors that the public body will use to select a design-build team to design and construct the public work, including the relative weight to be assigned to each factor; and

     (b) Set forth the date by which final proposals must be submitted to the public body.

 


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ê2011 Statutes of Nevada, Page 3700 (Chapter 529, SB 268)ê

 

     2.  If one or more of the finalists selected pursuant to NRS 338.1725 is disqualified or withdraws, the public body may select a design-build team from the remaining finalist or finalists.

     3.  Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference in bidding on public works and a relative weight of at least 30 percent to the proposed cost of design and construction of the public work. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.

     4.  A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly and be responsive to the criteria that the public body will use to select a design-build team to design and construct the public work described in subsection 1. A design-build team that submits a final proposal which is not responsive shall not be awarded the contract and shall not be eligible for the partial reimbursement of costs provided for in subsection 7.

     5.  A final proposal is exempt from the requirements of NRS 338.141.

     6.  After receiving and evaluating the final proposals for the public work, the public body [, at a regularly scheduled meeting,] or its authorized representative shall [:

     (a) Select the final proposal, using] enter into negotiations with the most qualified applicant, as determined pursuant to the criteria set forth pursuant to subsections 1 and 3, and award the design-build contract to the design-build team whose proposal is selected . [; or

     (b) Reject all the final proposals.] If the public body or its authorized representative is unable to negotiate with the most qualified applicant a contract that is determined by the parties to be fair and reasonable, the public body may terminate negotiations with that applicant. The public body or its authorized representative may then undertake negotiations with the next most qualified applicant in sequence until an agreement is reached and, if the negotiation is undertaken by an authorized representative of the public body, approved by the public body or until a determination is made by the public body to reject all applicants.

     7.  If a public body selects a final proposal and awards a design-build contract pursuant to [paragraph (a) of] subsection 6, the public body shall:

     (a) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (j) of subsection 2 of NRS 338.1723. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

     (b) Make available to the public the results of the evaluation of final proposals that was conducted and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

 


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ê2011 Statutes of Nevada, Page 3701 (Chapter 529, SB 268)ê

 

     8.  A contract awarded pursuant to this section:

     (a) Must comply with the provisions of NRS 338.020 to 338.090, inclusive.

     (b) Must specify:

           (1) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

           (2) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and

           (3) A date by which performance of the work required by the contract must be completed.

     (c) May set forth the terms by which the design-build team agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design-build team.

     (d) Except as otherwise provided in paragraph (e), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers and agents of the public body.

     (e) May require the design-build team to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys’ fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design-build team or the employees or agents of the design-build team in the performance of the contract.

     (f) Must require that the design-build team to whom a contract is awarded assume overall responsibility for ensuring that the design and construction of the public work is completed in a satisfactory manner.

     9.  Upon award of the design-build contract, the public body shall make available to the public copies of all preliminary and final proposals received.

     Sec. 28.  NRS 338.1727 is hereby amended to read as follows:

     338.1727  1.  After selecting the finalists pursuant to NRS 338.1725, the public body shall provide to each finalist a request for final proposals for the public work. The request for final proposals must:

     (a) Set forth the factors that the public body will use to select a design-build team to design and construct the public work, including the relative weight to be assigned to each factor; and

     (b) Set forth the date by which final proposals must be submitted to the public body.

     2.  If one or more of the finalists selected pursuant to NRS 338.1725 is disqualified or withdraws, the public body may select a design-build team from the remaining finalist or finalists.

     3.  Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by all contractors on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all design professionals on the design-build team, and a relative weight of at least 30 percent to the proposed cost of design and construction of the public work.

 


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ê2011 Statutes of Nevada, Page 3702 (Chapter 529, SB 268)ê

 

weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by all contractors on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all design professionals on the design-build team, and a relative weight of at least 30 percent to the proposed cost of design and construction of the public work. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to a preference in bidding on public works, or a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.

     4.  A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly and be responsive to the criteria that the public body will use to select a design-build team to design and construct the public work described in subsection 1. A design-build team that submits a final proposal which is not responsive shall not be awarded the contract and shall not be eligible for the partial reimbursement of costs provided for in subsection 7.

     5.  A final proposal is exempt from the requirements of NRS 338.141.

     6.  After receiving and evaluating the final proposals for the public work, the public body or its authorized representative shall enter into negotiations with the most qualified applicant, as determined pursuant to the criteria set forth pursuant to subsections 1 and 3, and award the design-build contract to the design-build team whose proposal is selected. If the public body or its authorized representative is unable to negotiate with the most qualified applicant a contract that is determined by the parties to be fair and reasonable, the public body may terminate negotiations with that applicant. The public body or its authorized representative may then undertake negotiations with the next most qualified applicant in sequence until an agreement is reached and, if the negotiation is undertaken by an authorized representative of the public body, approved by the public body or until a determination is made by the public body to reject all applicants.

     7.  If a public body selects a final proposal and awards a design-build contract pursuant to subsection 6, the public body shall:

     (a) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (j) of subsection 2 of NRS 338.1723. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

     (b) Make available to the public the results of the evaluation of final proposals that was conducted and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

     8.  A contract awarded pursuant to this section:

     (a) Must comply with the provisions of NRS 338.020 to 338.090, inclusive.

 


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ê2011 Statutes of Nevada, Page 3703 (Chapter 529, SB 268)ê

 

     (b) Must specify:

           (1) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

           (2) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and

           (3) A date by which performance of the work required by the contract must be completed.

     (c) May set forth the terms by which the design-build team agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design-build team.

     (d) Except as otherwise provided in paragraph (e), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers and agents of the public body.

     (e) May require the design-build team to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys’ fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design-build team or the employees or agents of the design-build team in the performance of the contract.

     (f) Must require that the design-build team to whom a contract is awarded assume overall responsibility for ensuring that the design and construction of the public work is completed in a satisfactory manner.

     9.  Upon award of the design-build contract, the public body shall make available to the public copies of all preliminary and final proposals received.

     Sec. 29.  NRS 338.485 is hereby amended to read as follows:

     338.485  1.  A person may not waive or modify a right, obligation or liability set forth in the provisions of NRS 338.400 to 338.645, inclusive.

     2.  A condition, stipulation or provision in a contract or other agreement that:

     (a) Requires a person to waive a right set forth in the provisions of NRS 338.400 to 338.645, inclusive; [or]

     (b) Relieves a person of an obligation or liability imposed by the provisions of NRS 338.400 to 338.645, inclusive [,] ;

     (c) Requires a contractor to waive, release or extinguish a claim or right for damages or an extension of time that the contractor may otherwise possess or acquire as a result of a delay that is:

           (1) So unreasonable in length as to amount to an abandonment of the public work;

           (2) Caused by fraud, misrepresentation, concealment or other bad faith by the public body;

           (3) Caused by active interference by the public body; or

           (4) Caused by a decision by the public body to significantly add to the scope or duration of the public work; or

     (d) Requires a contractor or public body to be responsible for any consequential damages suffered or incurred by the other party that arise from or relate to a contract for a public work, including, without limitation, rental expenses or other damages resulting from a loss of use or availability of the public work, lost income, lost profit, lost financing or opportunity, business or reputation, and loss of management or employee availability, productivity, opportunity or services,

 


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ê2011 Statutes of Nevada, Page 3704 (Chapter 529, SB 268)ê

 

from or relate to a contract for a public work, including, without limitation, rental expenses or other damages resulting from a loss of use or availability of the public work, lost income, lost profit, lost financing or opportunity, business or reputation, and loss of management or employee availability, productivity, opportunity or services,

Ê is against public policy and is void [.] and unenforceable.

     3.  The provisions of subsection 2 do not prohibit the use of a liquidated damages clause which otherwise satisfies the requirements of law.

     Sec. 30.  NRS 408.3883 is hereby amended to read as follows:

     408.3883  1.  The Department shall advertise for preliminary proposals for the design and construction of a project by a design-build team in a newspaper of general circulation in this State.

     2.  A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:

     (a) A description of the proposed project;

     (b) Separate estimates of the costs of designing and constructing the project;

     (c) The dates on which it is anticipated that the separate phases of the design and construction of the project will begin and end;

     (d) The date by which preliminary proposals must be submitted to the Department, which must not be less than 30 days after the date that the request for preliminary proposals is first published in a newspaper pursuant to subsection 1; and

     (e) A statement setting forth the place and time in which a design-build team desiring to submit a proposal for the project may obtain the information necessary to submit a proposal, including, without limitation, the information set forth in subsection 3.

     3.  The Department shall maintain at the time and place set forth in the request for preliminary proposals the following information for inspection by a design-build team desiring to submit a proposal for the project:

     (a) The extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the project that the Department determines to be necessary;

     (b) A list of the requirements set forth in NRS 408.3884;

     (c) A list of the factors that the Department will use to evaluate design-build teams who submit a proposal for the project, including, without limitation:

           (1) The relative weight to be assigned to each factor pursuant to NRS 408.3886; and

           (2) A disclosure of whether the factors that are not related to cost are, when considered as a group, more or less important in the process of evaluation than the factor of cost;

     (d) Notice that a design-build team desiring to submit a proposal for the project must include with its proposal the information used by the Department to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 408.3885 and a description of that information;

     (e) A statement that a design-build team whose prime contractor holds a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 and whose members who hold a certificate of registration to practice architecture or a license as a professional engineer and who hold a certificate of eligibility to receive a preference when competing for public works issued pursuant to section 2 of this act should submit a copy of [the] each certificate of eligibility with its proposal; and

 


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ê2011 Statutes of Nevada, Page 3705 (Chapter 529, SB 268)ê

 

professional engineer and who hold a certificate of eligibility to receive a preference when competing for public works issued pursuant to section 2 of this act should submit a copy of [the] each certificate of eligibility with its proposal; and

     (f) A statement as to whether a [bidding] design-build team that is selected as a finalist pursuant to NRS 408.3885 but is not awarded the design-build contract pursuant to NRS 408.3886 will be partially reimbursed for the cost of preparing a final proposal or best and final offer, or both, and, if so, an estimate of the amount of the partial reimbursement.

     Sec. 31.  NRS 408.3885 is hereby amended to read as follows:

     408.3885  1.  The Department shall select at least three but not more than five finalists from among the design-build teams that submitted preliminary proposals. If the Department does not receive at least three preliminary proposals from design-build teams that the Department determines to be qualified pursuant to this section and NRS 408.3884, the Department may not contract with a design-build team for the design and construction of the project.

     2.  The Department shall select finalists pursuant to subsection 1 by:

     (a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of NRS 408.3884; [and]

     (b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of:

           (1) The professional qualifications and experience of the members of the design-build team;

           (2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any;

           (3) The safety programs established and the safety records accumulated by the members of the design-build team;

           (4) The proposed plan of the design-build team to manage the design and construction of the project that sets forth in detail the ability of the design-build team to design and construct the project; and

           (5) The degree to which the preliminary proposal is responsive to the requirements of the Department for the submittal of a preliminary proposal [.] ; and

     (c) Except as otherwise provided in this paragraph, assigning, without limitation, a relative weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this paragraph relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this paragraph do not apply insofar as their application would preclude or reduce federal assistance for that public work.

     3.  After the selection of finalists pursuant to this section, the Department shall make available to the public the results of the evaluations of preliminary proposals conducted pursuant to paragraph (b) of subsection 2 and identify which of the finalists, if any, received an assignment of 5 percent pursuant to paragraph (c) of subsection 2.

 


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ê2011 Statutes of Nevada, Page 3706 (Chapter 529, SB 268)ê

 

subsection 2 and identify which of the finalists, if any, received an assignment of 5 percent pursuant to paragraph (c) of subsection 2.

     Sec. 32.  NRS 408.3886 is hereby amended to read as follows:

     408.3886  1.  After selecting the finalists pursuant to NRS 408.3885, the Department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:

     (a) Set forth the factors that the Department will use to select a design-build team to design and construct the project, including the relative weight to be assigned to each factor; and

     (b) Set forth the date by which final proposals must be submitted to the Department.

     2.  Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the Department shall assign, without limitation, a relative weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team, and a relative weight of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to a preference in bidding on public works [,] or a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.

     3.  A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the Department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141.

     4.  After receiving the final proposals for the project, the Department shall:

     (a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsections 1 and 2;

     (b) Reject all the final proposals; or

     (c) Request best and final offers from all finalists in accordance with subsection 5.

     5.  If the Department determines that no final proposal received is cost-effective or responsive and the Department further determines that requesting best and final offers pursuant to this subsection will likely result in the submission of a satisfactory offer, the Department may prepare and provide to each finalist a request for best and final offers for the project. In conjunction with preparing a request for best and final offers pursuant to this subsection, the Department may alter the scope of the project, revise the estimates of the costs of designing and constructing the project, and revise the selection factors and relative weights described in paragraph (a) of subsection 1. A request for best and final offers prepared pursuant to this subsection must set forth the date by which best and final offers must be submitted to the Department. After receiving the best and final offers, the Department shall:

 


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ê2011 Statutes of Nevada, Page 3707 (Chapter 529, SB 268)ê

 

     (a) Select the most cost-effective and responsive best and final offer, using the criteria set forth in the request for best and final offers; or

     (b) Reject all the best and final offers.

     6.  If the Department selects a final proposal pursuant to paragraph (a) of subsection 4 or selects a best and final offer pursuant to paragraph (a) of subsection 5, the Department shall hold a public meeting to:

     (a) Review and ratify the selection.

     (b) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (f) of subsection 3 of NRS 408.3883. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

     (c) Make available to the public a summary setting forth the factors used by the Department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals and, if applicable, best and final offers. The Department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

     7.  A contract awarded pursuant to this section:

     (a) Must comply with the provisions of NRS 338.020 to 338.090, inclusive; and

     (b) Must specify:

           (1) An amount that is the maximum amount that the Department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

           (2) An amount that is the maximum amount that the Department will pay for the performance of the professional services required by the contract; and

           (3) A date by which performance of the work required by the contract must be completed.

     8.  A design-build team to whom a contract is awarded pursuant to this section shall:

     (a) Assume overall responsibility for ensuring that the design and construction of the project is completed in a satisfactory manner; and

     (b) Use the workforce of the prime contractor on the design-build team to construct at least 15 percent of the project.

     Sec. 33.  NRS 625.530 is hereby amended to read as follows:

     625.530  Except as otherwise provided in NRS 338.1711 to 338.1727, inclusive, and section 2 of this act and 408.3875 to 408.3887, inclusive:

     1.  The State of Nevada or any of its political subdivisions, including a county, city or town, shall not engage in any public work requiring the practice of professional engineering or land surveying, unless the maps, plans, specifications, reports and estimates have been prepared by, and the work executed under the supervision of, a professional engineer, professional land surveyor or registered architect.

     2.  The provisions of this section do not:

     (a) Apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $35,000.

     (b) Include any maintenance work undertaken by the State of Nevada or its political subdivisions.

 


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ê2011 Statutes of Nevada, Page 3708 (Chapter 529, SB 268)ê

 

     (c) Authorize a professional engineer, registered architect or professional land surveyor to practice in violation of any of the provisions of this chapter or chapter 623 of NRS.

     (d) Require the services of an architect registered pursuant to the provisions of chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if those buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.

     3.  The selection of a professional engineer, professional land surveyor or registered architect to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the engineer, land surveyor or architect for the type of services to be performed and not on the basis of competitive fees. If, after selection of the engineer, land surveyor or architect, an agreement upon a fair and reasonable fee cannot be reached with him or her, the public agency may terminate negotiations and select another engineer, land surveyor or architect. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a professional engineer, professional land surveyor or registered architect pursuant to this subsection, the public agency shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference when competing for public works. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.

     Sec. 34.  NRS 338.1694, 338.1695 and 338.1699 are hereby repealed.

     Sec. 35.  1.  The State Board of Architecture, Interior Design and Residential Design, the State Board of Landscape Architecture and the State Board of Professional Engineers and Land Surveyors shall, before October 1, 2011, adopt any regulations which are required by or necessary to carry out the provisions of this act.

     2.  The State Public Works Board shall, as soon as practicable after the effective date of this section, adopt regulations governing the acts required by subsection 9 of section 5 of this act.

     Sec. 36.  1.  The State Public Works Board and each local government that awards a contract pursuant to NRS 338.1727, as amended by section 28 of this act, or NRS 408.3886, as amended by section 32 of this act, or selects a professional engineer, professional land surveyor or registered architect pursuant to NRS 625.530, as amended by section 33 of this act, shall, on or before October 1 of the year in which it awards such a contract or makes such a selection, submit to the Director of the Legislative Counsel Bureau a report detailing those contracts and selections on the form prescribed by the Committee on Local Government Finance.

     2.  Before August 1, 2011, the Committee on Local Government Finance created pursuant to NRS 354.105 shall prescribe a form for the report described in subsection 1, which must include, without limitation:

     (a) The total number of contracts and selections described in subsection 1 awarded and made by the State Public Works Board or local government during the year to which the report pertains; and

 


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ê2011 Statutes of Nevada, Page 3709 (Chapter 529, SB 268)ê

 

     (b) A description of each such contract or selection, including, without limitation:

           (1) The name of the person or entity who was selected or to whom the contract was awarded.

           (2) The particular type of goods or services involved in the contract or selection.

           (3) The dollar amount of the contract or selection.

           (4) Whether the person or entity who was selected or to whom the contract was awarded was awarded the contract or selected as a result of the person or entity possessing a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 of section 2 of this act.

           (5) If the person or entity who was selected or to whom the contract was awarded did not possess a certificate for eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 of section 2 of this act, the number of persons or entities that did possess such a certificate that bid on the contract or were considered for selection.

     Sec. 37.  The provisions of sections 4 and 5 of this act apply only to contracts entered into on or after July 1, 2011.

     Sec. 38.  1.  This section and sections 1, 3 to 6, inclusive, 10 to 15, inclusive, 18 to 25, inclusive, 27, 29, 34, 35 and 37 of this act become effective:

     (a) Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of those sections; and

     (b) On July 1, 2011, for all other purposes.

     2.  Sections 2, 7, 16, 26, 28, 30 to 33, inclusive, and 36 of this act become effective:

     (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of those sections; and

     (b) On October 1, 2011, for all other purposes.

     3.  Section 8 of this act becomes effective on July 1, 2013.

________

 


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ê2011 Statutes of Nevada, Page 3710ê

 

CHAPTER 530, SB 271

Senate Bill No. 271–Senators Lee; and Settelmeyer

 

Joint Sponsors: Assemblymen Hickey, Kirner and Kite

 

CHAPTER 530

 

[Approved: June 17, 2011]

 

AN ACT relating to land use planning; providing for the withdrawal of the State of Nevada from the Tahoe Regional Planning Compact under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law sets forth the Tahoe Regional Planning Compact, an interstate agreement between the States of California and Nevada pursuant to which the bistate Tahoe Regional Planning Agency regulates environmental and land-use matters within the Lake Tahoe Basin. (NRS 277.190-277.220) Existing law also provides that if either State withdraws from the Compact, the Nevada Tahoe Regional Planning Agency shall assume the duties and powers of regulating environmental and land-use matters on this State’s side of the Lake Tahoe Basin. (NRS 278.826)

       This bill provides for the withdrawal of Nevada from the Tahoe Regional Planning Compact unless the governing body of the Tahoe Regional Planning Agency adopts an updated Regional Plan and certain proposed amendments to the Compact are approved pursuant to Public Law 96-551. The proposed amendments to the Compact are: (1) the removal of the supermajority requirement for the governing body of the Agency to establish a quorum; (2) the removal of the supermajority requirement for voting by the governing body; (3) a requirement that the governing body of the Agency consider the changing economic conditions of the Lake Tahoe Basin and amend the Regional Plan, accordingly; and (4) the addition of a provision to the Compact which sets forth that any person who legally challenges the Regional Plan has the burden of proving the Regional Plan does not comply with the provisions of the Compact. If the Agency does not adopt an updated Regional Plan and the proposed amendments are not approved by October 1, 2015, Nevada’s withdrawal from the Compact will become effective on that date unless the Governor issues a proclamation extending the deadline for withdrawal until October 1, 2017.

       This bill also requires the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System to prepare a report detailing certain issues related to Nevada’s participation in the Compact. This bill further directs the Legislative Committee to appoint a delegation to work with a like delegation from the California Legislature to discuss possible changes to the Compact. Additionally, this bill authorizes the Legislative Committee to submit to the 77th Session of the Nevada Legislature (2013) a bill draft request which would have the effect of preventing Nevada’s withdrawal from the Compact, if the Legislative Committee determines that Nevada should remain a party to the Compact.

       This bill provides that if Nevada withdraws from the Compact, the Nevada Tahoe Regional Planning Agency will assume the duties and powers currently held by the bistate Agency for the portion of the Lake Tahoe Basin within this State. This bill also establishes temporary measures to ensure that the Nevada Tahoe Regional Planning Agency is able to assume those duties and powers in an orderly manner.

 


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ê2011 Statutes of Nevada, Page 3711 (Chapter 530, SB 271)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  The State of Nevada hereby withdraws from the Tahoe Regional Planning Compact pursuant to the provisions of subdivision (c) of Article X of the Tahoe Regional Planning Compact.

     Sec. 1.5.  NRS 277.200 is hereby amended to read as follows:

     277.200  The Tahoe Regional Planning Compact is as follows:

 

Tahoe Regional Planning Compact

 

ARTICLE I. Findings and Declarations of Policy

 

     (a) It is found and declared that:

           (1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.

           (2) The public and private interests and investments in the region are substantial.

           (3) The region exhibits unique environmental and ecological values which are irreplaceable.

           (4) By virtue of the special conditions and circumstances of the region’s natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.

           (5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.

           (6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.

           (7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.

           (8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.

           (9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.

           (10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the region’s natural endowment and its man-made environment.

     (b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.

 


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ê2011 Statutes of Nevada, Page 3712 (Chapter 530, SB 271)ê

 

power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.

     (c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.

 

ARTICLE II. Definitions

 

As used in this compact:

     (a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.

     (b) “Agency” means the Tahoe Regional Planning Agency.

     (c) “Governing body” means the governing board of the Tahoe Regional Planning Agency.

     (d) “Regional plan” means the long-term general plan for the development of the region.

     (e) “Planning commission” means the advisory planning commission appointed pursuant to subdivision (h) of Article III.

     (f) “Gaming” means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.

     (g) “Restricted gaming license” means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.

     (h) “Project” means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.

     (i) “Environmental threshold carrying capacity” means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region.

 


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ê2011 Statutes of Nevada, Page 3713 (Chapter 530, SB 271)ê

 

safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.

     (j) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

     (k) “Areas open to public use” means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.

     (l) “Areas devoted to private use of guests” means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.

     (m) “Nonrestricted license” means a gaming license which is not a restricted gaming license.

 

ARTICLE III. Organization

 

     (a) There is created the Tahoe Regional Planning Agency as a separate legal entity.

     The governing body of the agency shall be constituted as follows:

     (1) California delegation:

     (A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

     (B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.

     (2) Nevada delegation:

     (A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

     (B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.

     (C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment.

 


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ê2011 Statutes of Nevada, Page 3714 (Chapter 530, SB 271)ê

 

after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.

     (3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.

     (4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.

     (5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, “economic interests” means:

     (A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000;

     (B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000;

     (C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or

     (D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.

Ê No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.

     (b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.

     (c) Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.

     (d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held.

 


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ê2011 Statutes of Nevada, Page 3715 (Chapter 530, SB 271)ê

 

requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as “the first Monday of each month,” and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.

     (e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

     (f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.

     (g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:

     (1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, [the vote of] at least [four of the] nine members of [each state agreeing with the vote of at least four members of the other state shall be required] the governing body must agree to take action. If [there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph,] at least nine votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.

     (2) For approving a project, the affirmative vote of at least [five] four members from the state in which the project is located and the affirmative vote of at least nine members of the entire governing body are required. If at least [five] four members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.

     (3) For routine business and for directing the agency’s staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.

Ê Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agency’s rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit.

 


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ê2011 Statutes of Nevada, Page 3716 (Chapter 530, SB 271)ê

 

extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.

     (h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.

     The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.

     The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.

     The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.

     A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.

     (i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.

     (j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.

 

ARTICLE IV. Personnel

 

     (a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.

 


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ê2011 Statutes of Nevada, Page 3717 (Chapter 530, SB 271)ê

 

powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.

     (b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.

     (c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.

 

ARTICLE V. Planning

 

     (a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.

     The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.

     If a request is made for the amendment of the regional plan by:

     (1) A political subdivision a part of whose territory would be affected by such amendment; or

     (2) The owner or lessee of real property which would be affected by such amendment,

Ê the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.

     (b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the President’s Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.

 


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ê2011 Statutes of Nevada, Page 3718 (Chapter 530, SB 271)ê

 

     (c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan [.] and, in so doing, shall ensure that the regional plan reflects changing economic conditions and the economic effect of regulation on commerce. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.

     The regional plan shall be a single enforceable plan and includes all of the following correlated elements:

     (1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.

     (2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:

     (A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and

     (B) To reduce to the extent feasible air pollution which is caused by motor vehicles.

Ê Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.

     The plan shall provide for an appropriate transit system for the region.

     The plan shall give consideration to:

     (A) Completion of the Loop Road in the states of Nevada and California;

     (B) Utilization of a light rail mass transit system in the South Shore area; and

     (C) Utilization of a transit terminal in the Kingsbury Grade area.

Ê Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.

     (3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.

 


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ê2011 Statutes of Nevada, Page 3719 (Chapter 530, SB 271)ê

 

     (4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.

     (5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.

     In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.

     (d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.

     The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.

     (e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agency’s plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.

     (f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.

     (g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.

 


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ê2011 Statutes of Nevada, Page 3720 (Chapter 530, SB 271)ê

 

     (h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.

     (i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

 

ARTICLE VI. Agency’s Powers

 

     (a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; floodplain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.

     The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.

     Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.

     (b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.

 


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ê2011 Statutes of Nevada, Page 3721 (Chapter 530, SB 271)ê

 

     The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.

     Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.

     (c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:

     (1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.

     (2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.

     (3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a “residential unit” means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.

     The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:

     1.  City of South Lake Tahoe and El Dorado County (combined)........................................      252

     2.  Placer County.................................................................................................................      278

     3.  Carson City.....................................................................................................................      -0-

     4.  Douglas County..............................................................................................................      339

     5.  Washoe County..............................................................................................................      739

     (4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978.

 


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ê2011 Statutes of Nevada, Page 3722 (Chapter 530, SB 271)ê

 

issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.

     The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:

     1.  City of South Lake Tahoe and El Dorado County (combined)........................................      64,324

     2.  Placer County.................................................................................................................      23,000

     3.  Carson City.....................................................................................................................      -0-

     4.  Douglas County..............................................................................................................      57,354

     5.  Washoe County..............................................................................................................      50,600

     (5) No structure may be erected to house gaming under a nonrestricted license.

     (6) No facility for the treatment of sewage may be constructed or enlarged except:

     (A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state law for control of water pollution;

     (B) To accommodate development which is not prohibited or limited by this subdivision; or

     (C) In the case of Douglas County Sewer District # 1, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a “project”; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the district shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the district proposes to take to mitigate or avoid such problems.

     The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.

     The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agency’s approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.

 


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     (d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:

     (1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.

     (2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.

     (3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.

Ê The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.

     (e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.

     (f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by Article VI (d):

     (1) The agency’s review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:

     (A) Enlarge the cubic volume of the structure;

     (B) Increase the total square footage of area open to or approved for public use on May 4, 1979;

     (C) Convert an area devoted to the private use of guests to an area open to public use;

     (D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and

     (E) Conflict with or be subject to the provisions of any of the agency’s ordinances that are generally applicable throughout the region.

Ê The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agency’s rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit.

 


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ê2011 Statutes of Nevada, Page 3724 (Chapter 530, SB 271)ê

 

extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.

     (2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.

     (3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by Article VI (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.

     (g) In order to administer and enforce the provisions of paragraphs (d), (e) and (f) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:

     (1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:

     (A) The location of its external walls;

     (B) Its total cubic volume;

     (C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;

     (D) The amount of surface area of land under the structure; and

     (E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.

     (2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.

     The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.

     (h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.

     (i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.

 


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     (j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:

     (1) This subdivision applies to:

     (A) Actions arising out of activities directly undertaken by the agency.

     (B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.

     (C) Actions arising out of any other act or failure to act by any person or public agency.

Ê Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.

     (2) Venue lies:

     (A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.

     (B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.

     (3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, “aggrieved person” means the Tahoe Regional Planning Agency or any state, federal or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, “aggrieved person” means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.

     (4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.

     (5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.

 


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ê2011 Statutes of Nevada, Page 3726 (Chapter 530, SB 271)ê

 

proceed in a manner required by law. In addition, there is a rebuttable presumption that a regional plan adopted, amended, formulated or maintained pursuant to this compact is in conformance with the requirements applicable to this compact, and a party challenging the regional plan has the burden of showing that it is not in conformance with the requirements applicable to this compact.

     (6) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.

     (7) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.

     (k) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies. If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.

     (l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000. Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.

     (m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.

     (n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.

     (o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.

     (p) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.

 


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ê2011 Statutes of Nevada, Page 3727 (Chapter 530, SB 271)ê

 

issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.

     (q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.

 

ARTICLE VII. Environmental Impact Statements

 

     (a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:

     (1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man’s environment;

     (2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:

     (A) The significant environmental impacts of the proposed project;

     (B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;

     (C) Alternatives to the proposed project;

     (D) Mitigation measures which must be implemented to assure meeting standards of the region;

     (E) The relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity;

     (F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and

     (G) The growth-inducing impact of the proposed project;

     (3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;

     (4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the region’s environment; and

     (5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.

     (b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.

     (c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969.

 


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ê2011 Statutes of Nevada, Page 3728 (Chapter 530, SB 271)ê

 

the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.

     In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.

     (d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:

     (1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or

     (2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.

Ê A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.

     (e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.

     (f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.

 

ARTICLE VIII. Finances

 

     (a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.

 


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ê2011 Statutes of Nevada, Page 3729 (Chapter 530, SB 271)ê

 

     (b) The agency may fix and collect reasonable fees for any services rendered by it.

     (c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.

     (d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.

     (e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.

 

ARTICLE IX. Transportation District

 

     (a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.

     (b) The business of the district shall be managed by a board of directors consisting of:

     (1) One member of the county board of supervisors of each of the counties of El Dorado and Placer who must be appointed by his respective board of supervisors;

     (2) One member of the city council of the City of South Lake Tahoe who must be appointed by the city council;

     (3) One member each of the board of county commissioners of Douglas County and of Washoe County who must be appointed by his respective board of county commissioners;

     (4) One member of the board of supervisors of Carson City who must be appointed by the board of supervisors;

     (5) One member of the South Shore Transportation Management Association or its successor organization who must be appointed by the association or its successor organization;

     (6) One member of the North Shore Transportation Management Association or its successor organization who must be appointed by the association or its successor organization;

     (7) One member of each local transportation district in the region that is authorized by the State of Nevada or the State of California who must be appointed by his respective transportation district;

     (8) One member appointed by a majority of the other voting directors who represents a public or private transportation system operating in the region;

     (9) The director of the California Department of Transportation; and

     (10) The director of the department of transportation of the State of Nevada.

Ê Any entity that appoints a member to the board of directors, the director of the California Department of Transportation or the director of the department of transportation of the State of Nevada may designate an alternate.

 


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ê2011 Statutes of Nevada, Page 3730 (Chapter 530, SB 271)ê

 

     (c) Before a local transportation district appoints a member to the board of directors pursuant to paragraph (7) of subdivision (b), the local transportation district must enter into a written agreement with the Tahoe transportation district that sets forth the responsibilities of the districts for the establishment of policies and the management of financial matters, including, but not limited to, the distribution of revenue among the districts.

     (d) The directors of the California Department of Transportation and the department of transportation of the State of Nevada, or their designated alternates, serve as nonvoting directors, but shall provide technical and professional advice to the district as necessary and appropriate.

     (e) The vote of a majority of the directors must agree to take action. If a majority of votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.

     (f) The Tahoe transportation district may by resolution establish procedures for the adoption of its budgets, the appropriation of its money and the carrying on of its other financial activities. These procedures must conform insofar as is practicable to the procedures for financial administration of the State of California or the State of Nevada or one or more of the local governments in the region.

     (g) The Tahoe transportation district may in accordance with the adopted transportation plan:

     (1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.

     (2) Own and operate support facilities for public and private systems of transportation, including, but not limited to, parking lots, terminals, facilities for maintenance, devices for the collection of revenue and other related equipment.

     (3) Acquire or agree to operate upon mutually agreeable terms any publicly or privately owned transportation system or facility within the region.

     (4) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.

     (5) Contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region.

     (6) Contract with local governments in the region to operate transportation facilities or provide any of the services necessary to operate a system of transportation for the region.

     (7) Fix the rates and charges for transportation services provided pursuant to this subdivision.

     (8) Issue revenue bonds and other evidence of indebtedness and make other financial arrangements appropriate for developing and operating a public transportation system.

     (9) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be graduated in any way, except for a sales and use tax. If a sales and use tax is approved by the voters as provided in this paragraph, it may be administered by the states of California and Nevada respectively in accordance with the laws that apply within their respective jurisdictions and must not exceed a rate of 1 percent of the gross receipts from the sale of tangible personal property sold in the district.

 


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ê2011 Statutes of Nevada, Page 3731 (Chapter 530, SB 271)ê

 

rate of 1 percent of the gross receipts from the sale of tangible personal property sold in the district. The district is prohibited from imposing any other tax measured by gross or net receipts on business, an ad valorem tax, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices. Any such proposition must be submitted to the voters of the district and shall become effective upon approval of the voters voting on the proposition who reside in the State of California in accordance with the laws that apply within that state and approval of the voters voting on the proposition who reside in the State of Nevada in accordance with the laws that apply within that state. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.

     (10) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.

     (h) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.

 

ARTICLE X. Miscellaneous

 

     (a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.

     (b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.

     (c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.

     (d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.

     Sec. 2.  NRS 277.207 is hereby amended to read as follows:

     277.207  All judicial actions and proceedings in which there may arise a question of the validity of any matter under the provisions of former NRS 277.190 to 277.220, inclusive, [shall] must be advanced as a matter of immediate public interest and concern, and be heard at the earliest practicable moment.

 


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ê2011 Statutes of Nevada, Page 3732 (Chapter 530, SB 271)ê

 

     Sec. 3.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Account for the Nevada Tahoe Regional Planning Agency is hereby established in the State General Fund and consists of any money provided by direct legislative appropriation. Money in the Account must be expended for the support of, or paid over directly to, the Agency in whatever amount and manner is directed by each appropriation or provided by law.

     Sec. 4.  NRS 278.024 is hereby amended to read as follows:

     278.024  1.  In the region of this State for which there has been created by NRS 278.780 to 278.828, inclusive, and section 3 of this act a regional planning agency, the powers conferred by NRS 278.010 to 278.630, inclusive, upon any other authority are subordinate to the powers of such regional planning agency, and may be exercised only to the extent that their exercise does not conflict with any ordinance or plan adopted by such regional planning agency. The powers conferred by NRS 278.010 to 278.630, inclusive, shall be exercised whenever appropriate in furtherance of a plan adopted by the regional planning agency.

     2.  Upon the adoption by a regional planning agency created by NRS 278.780 to 278.828, inclusive, and section 3 of this act of any regional plan, any plan adopted pursuant to NRS 278.010 to 278.630, inclusive, shall cease to be effective as to the territory embraced in such regional plan. Each planning commission and governing body whose previously adopted plan is so affected shall, within 90 days after the effective date of the regional plan, initiate any necessary procedure to revise its plan and any related zoning ordinances which affect adjacent territory.

     Sec. 5.  NRS 278.782 is hereby amended to read as follows:

     278.782  As used in NRS 278.780 to 278.828, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.784 to 278.791, inclusive, have the meanings ascribed to them in those sections.

     Sec. 6.  NRS 278.792 is hereby amended to read as follows:

     278.792  1.  The Nevada Tahoe Regional Planning Agency is hereby created as a separate legal entity.

     2.  The governing body of the Agency consists of [:] seven members as follows:

     (a) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the Board of Supervisors of Carson City. Any such member may be a member of the board of county commissioners or Board of Supervisors, respectively, and must reside in the territorial jurisdiction of the governmental body making the appointment.

     (b) [One member appointed by the] The Governor of Nevada [, the Secretary of State of Nevada] or a designee of the [Secretary of State, and the Director] Governor.

     (c) The Secretary of State or a designee of the Secretary of State.

     (d) The State Forester Firewarden or a designee of the State Forester Firewarden.

     (e) The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources [of Nevada] or a designee of the [Director.] Administrator.

 


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ê2011 Statutes of Nevada, Page 3733 (Chapter 530, SB 271)ê

 

Ê A member who is [appointed or] designated pursuant to [this paragraph must not be a resident of the region and] paragraphs (b) to (e), inclusive, shall represent the public at large within the State of Nevada.

     [(c) One member appointed for a 1-year term by the six other members. If at least four members are unable to agree upon the selection of a seventh member within 30 days after this section becomes effective or the occurrence of a vacancy, the Governor shall make the appointment. The member appointed pursuant to this paragraph may but is not required to be a resident of the region.]

     3.  If any appointing authority fails to make an appointment within 30 days after the effective date of this section or the occurrence of a vacancy on the governing body, the Governor shall make the appointment.

     4.  The position of any member of the governing body shall be deemed vacant if the member is absent from three consecutive meetings of the governing body in any calendar year.

     5.  Each member and employee of the Agency shall disclose his or her economic interests in the region within 10 days after taking the seat on the governing body or being employed by the Agency and shall thereafter disclose any further economic interest which he or she acquires, as soon as feasible after acquiring it. As used in this section, “economic interest” means:

     (a) Any business entity operating in the region in which the member has a direct or indirect investment worth more than $1,000;

     (b) Any real property located in the region in which the member has a direct or indirect interest worth more than $1,000;

     (c) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or

     (d) Any business entity operating in the region in which the member is a director, officer, partner, trustee, employee or holds any position of management.

Ê No member or employee of the Agency may make or attempt to influence an Agency decision in which the member or employee knows or has reason to know he or she has a financial interest. Members and employees of the Agency must disqualify themselves from making or participating in the making of any decision of the Agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interest of the member or employee.

     Sec. 7.  NRS 278.794 is hereby amended to read as follows:

     278.794  The terms of office of the members of the governing body [, other than the member appointed by the other members,] :

     1.  For members who are elected state officers, coincide with the member’s elected term of office.

     2.  For members who are appointed or designated, are at the pleasure of the appointing or designating authority in each case, but each appointment and designation must be reviewed no less often than every 4 years.

     Sec. 8.  NRS 218E.550 is hereby amended to read as follows:

     218E.550  As used in NRS 218E.550 to 218E.580, inclusive, unless the context otherwise requires, “Committee” means the Legislative Committee for the Review and Oversight of the Nevada Tahoe Regional Planning Agency and the Marlette Lake Water System created by NRS 218E.555.

 


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for the Review and Oversight of the Nevada Tahoe Regional Planning Agency and the Marlette Lake Water System created by NRS 218E.555.

     Sec. 9.  NRS 218E.555 is hereby amended to read as follows:

     218E.555  1.  There is hereby created the Legislative Committee for the Review and Oversight of the Nevada Tahoe Regional Planning Agency and the Marlette Lake Water System consisting of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to the management of natural resources. The members must be appointed to provide representation from the various geographical regions of the State.

     2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.

     3.  The members of the Committee shall elect a Chair from one House of the Legislature and a Vice Chair from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year.

     4.  Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session of the Legislature convenes.

     5.  Vacancies on the Committee must be filled in the same manner as original appointments.

     6.  The Committee shall report annually to the Legislative Commission concerning its activities and any recommendations.

     Sec. 10.  NRS 218E.565 is hereby amended to read as follows:

     218E.565  The Committee shall:

     1.  Provide appropriate review and oversight of the Nevada Tahoe Regional Planning Agency and the Marlette Lake Water System;

     2.  Review the budget, programs, activities, responsiveness and accountability of the Nevada Tahoe Regional Planning Agency and the Marlette Lake Water System in such a manner as deemed necessary and appropriate by the Committee; and

     3.  Study the role, authority and activities of:

     (a) The Nevada Tahoe Regional Planning Agency regarding the Lake Tahoe Basin; and

     (b) The Marlette Lake Water System regarding Marlette Lake . [; and

     4.  Continue to communicate with members of the Legislature of the State of California to achieve the goals set forth in the Tahoe Regional Planning Compact.]

     Sec. 11.  NRS 321.5952 is hereby amended to read as follows:

     321.5952  The Legislature hereby finds and declares that:

     1.  The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable.

     2.  Certain of the unique environmental and ecological conditions exhibited within the Lake Tahoe Basin, such as the clarity of the water in Lake Tahoe, are diminishing at an alarming rate.

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

     4.  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.

 


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     5.  It is in the best interest of this State to grant to the Division continuing authority to carry out programs to preserve, protect, restore and enhance the natural environment of the Lake Tahoe Basin.

     6.  The powers and duties set forth in NRS 321.5952 to 321.5957, inclusive, are intended to be exercised by the Division in a manner that complements and does not duplicate the activities of the Nevada Tahoe Regional Planning Agency.

     Sec. 12.  NRS 445B.830 is hereby amended to read as follows:

     445B.830  1.  In areas of the State where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the Department of Motor Vehicles and accounted for in the Pollution Control Account, which is hereby created in the State General Fund:

     (a) For the issuance and annual renewal of a license for an authorized inspection station, authorized maintenance station, authorized station or fleet station....................... $25

     (b) For each set of 25 forms certifying emission control compliance 150

     (c) For each form issued to a fleet station.......................................... 6

     2.  Except as otherwise provided in subsections 6, 7 and 8, and after deduction of the amounts distributed pursuant to subsection 4, money in the Pollution Control Account may, pursuant to legislative appropriation or with the approval of the Interim Finance Committee, be expended by the following agencies in the following order of priority:

     (a) The Department of Motor Vehicles to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.

     (b) The State Department of Conservation and Natural Resources to carry out the provisions of this chapter.

     (c) The State Department of Agriculture to carry out the provisions of NRS 590.010 to 590.150, inclusive.

     (d) Local governmental agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.

     (e) The Nevada Tahoe Regional Planning Agency to carry out the provisions of NRS [277.200] 278.780 to 278.828, inclusive, and section 3 of this act with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.

     3.  The Department of Motor Vehicles may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.

     4.  The Department of Motor Vehicles shall make quarterly distributions of money in the Pollution Control Account to local governmental agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408. The distributions of money made to agencies in a county pursuant to this subsection must be made from an amount of money in the Pollution Control Account that is equal to one-sixth of the amount received for each form issued in the county pursuant to subsection 1.

 


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     5.  Each local governmental agency that receives money pursuant to subsection 4 shall, not later than 45 days after the end of the fiscal year in which the money is received, submit to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee a report on the use of the money received.

     6.  The Department of Motor Vehicles shall by regulation establish a program to award grants of money in the Pollution Control Account to local governmental agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air. The grants to agencies in a county pursuant to this subsection must be made from any excess money in the Pollution Control Account. As used in this subsection, “excess money” means the money in excess of $1,000,000 remaining in the Pollution Control Account at the end of the fiscal year, after deduction of the amounts distributed pursuant to subsection 4 and any disbursements made from the Account pursuant to subsection 2.

     7.  Any regulations adopted pursuant to subsection 6 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:

     (a) Review applications for grants and make recommendations for their approval, rejection or modification;

     (b) Establish goals and objectives for the program for control of emissions from motor vehicles;

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

     (d) Review and make recommendations concerning regulations adopted pursuant to subsection 6 or NRS 445B.770.

     8.  Grants proposed pursuant to subsections 6 and 7 must be submitted to the appropriate deputy director of the Department of Motor Vehicles and the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources. Proposed grants approved by the appropriate deputy director and the Administrator must not be awarded until approved by the Interim Finance Committee.

     Sec. 13.  NRS 528.150 is hereby amended to read as follows:

     528.150  1.  On or before January 1 of each year, the State Forester Firewarden shall, in coordination and cooperation with the Nevada Tahoe Regional Planning Agency and the fire chiefs within the Lake Tahoe Basin, submit a report concerning fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin to:

     (a) The Legislative Committee for the Review and Oversight of the Nevada Tahoe Regional Planning Agency and Marlette Lake Water System created by NRS 218E.555 and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature;

     (b) The Governor;

     (c) The Nevada Tahoe Regional Planning Agency; and

     (d) Each United States Senator and Representative in Congress who is elected to represent the State of Nevada.

     2.  The report submitted by the State Forester Firewarden pursuant to subsection 1 must address, without limitation:

 


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     (a) The status of:

           (1) The implementation of plans for the prevention of fires in the Nevada portion of the Lake Tahoe Basin, including, without limitation, plans relating to the reduction of fuel for fires;

           (2) Efforts concerning forest restoration in the Nevada portion of the Lake Tahoe Basin; and

          (3) Efforts concerning rehabilitation of vegetation, if any, as a result of fire in the Nevada portion of the Lake Tahoe Basin.

     (b) Compliance with:

           (1) The goals and policies for fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin; and

           (2) Any recommendations concerning fire prevention or public safety made by any fire department or fire protection district in the Nevada portion of the Lake Tahoe Basin.

     (c) Any efforts to:

           (1) Increase public awareness in the Nevada portion of the Lake Tahoe Basin regarding fire prevention and public safety; and

           (2) Coordinate with other federal, state, local and private entities with regard to projects to reduce fire hazards in the Nevada portion of the Lake Tahoe Basin.

     Sec. 14.  NRS 540A.030 is hereby amended to read as follows:

     540A.030  1.  In each county to which this chapter applies, except as otherwise provided in subsections 2 and 3, the region within which water is to be managed, and with respect to which plans for its use are to be made, pursuant to this chapter is the entire county except:

     (a) Any land within the region defined by NRS [277.200, the Tahoe Regional Planning Compact;] 278.790; and

     (b) Lands located within any Indian reservation or Indian colony which are held in trust by the United States.

     2.  The board may exclude from the region any land which it determines is unsuitable for inclusion because of its remoteness from the sources of supply managed pursuant to this chapter or because it lies within a separate hydrologic basin neither affecting nor affected by conditions within the remainder of the region.

     3.  The board may include within the region an area otherwise excluded if it finds that the land requires alleviation of the effect of flooding or drainage of storm waters or another benefit from planning or management performed in the region.

     Sec. 15.  Section 1 of the Lake Tahoe Basin Act of 1993, being chapter 355, Statutes of Nevada 1993, at page 1152, is hereby amended to read as follows:

      Section 1.  Program to mitigate environmentally detrimental effects of land coverage: Establishment; authority of state land registrar.

      1.  The Division of State Lands of the State Department of Conservation and Natural Resources shall, within the limits of available money, establish a program to mitigate the environmentally detrimental effects of land coverage in the Lake Tahoe Basin.

      2.  In carrying out the program the Division may, as the State Land Registrar deems appropriate regarding particular parcels of land:

      (a) Acquire by donation, purchase or exchange real property or any interest in real property in the Lake Tahoe Basin.

 


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      (b) Transfer by sale, lease or exchange real property or any interest in real property in the Lake Tahoe Basin.

      (c) Eliminate land coverage on real property acquired pursuant to paragraph (a).

      (d) Eliminate, or mitigate the effects of, features or conditions of real property acquired pursuant to paragraph (a) which are detrimental to the environment of the Lake Tahoe Basin.

      (e) Retire or otherwise terminate rights to place land coverage on real property in the Lake Tahoe Basin.

      3.  Any acquisition of real property or any interest in real property made pursuant to this section must first be approved by the State Board of Examiners. The price of the acquisition must be based on the fair market value of the property or interest as determined by a qualified appraiser.

      4.  The State Land Registrar may transfer real property or any interest in real property acquired pursuant to this section:

      (a) To state and federal agencies, local governments and nonprofit organizations for such consideration as the State Land Registrar deems to be reasonable and in the interest of the general public.

      (b) To other persons for a price that is not less than the fair market value of the real property or interest as determined by a qualified appraiser.

      5.  [Before any real property or an interest in real property is transferred pursuant to this section, a declaration of restrictions or deed restrictions must be recorded as required by the Tahoe Regional Planning Agency to ensure that rights to place land coverage on the real property are retired or otherwise terminated.

      6.]  The State Land Registrar shall report quarterly to the State Board of Examiners regarding the real property or interests in real property transferred pursuant to this section.

      [7.] 6.  As used in this section, “land coverage” means any covering over the natural surface of the ground that prevents water from percolating into the ground.

     Sec. 16.  Section 22 of the Western Regional Water Commission Act, being chapter 531, Statutes of Nevada 2007, at page 3289, is hereby amended to read as follows:

      Sec. 22.  Planning area: Boundaries; exclusions; exceptions.

      1.  The planning area in which plans for the use, management and conservation of water are to be made, pursuant to this act, is the entire area within the boundaries of Washoe County except:

      (a) Any land within the region defined by NRS [277.200, the Tahoe Regional Planning Compact;] 278.790;

      (b) Land located within any Indian reservation or Indian colony which is held in trust by the United States;

      (c) Land located within the Gerlach General Improvement District or its successor created pursuant to chapter 318 of NRS;

      (d) Land located within the following administrative groundwater basins established by the United States Geological Survey and the Division of Water Resources of the State Department of Conservation and Natural Resources:

 


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           (1) Basin 22 (San Emidio Desert);

           (2) Basin 23 (Granite Basin); and

           (3) Basin 24 (Hualapai Flat); and

      (e) Any land excluded by the Board pursuant to subsection 2 and not otherwise included pursuant to subsection 3.

      2.  The Board may exclude from the planning area any land which it determines is unsuitable for inclusion because of its remoteness from the water supplies which are the subject of the Comprehensive Plan or because it lies within a separate hydrologic basin neither affecting nor affected by conditions within the remainder of the planning area.

      3.  The Board may include within the planning area any land otherwise excluded pursuant to subsection 2 if it finds that the land requires alleviation of the effect of flooding or drainage of storm waters or requires another benefit from planning or management performed in the planning area.

     Sec. 17.  Section 24 of chapter 574, Statutes of Nevada 1979, at page 1134, is hereby amended to read as follows:

      Sec. 24.  1.  This section shall become effective upon passage and approval.

      2.  All other sections of this act shall become effective upon [proclamation] :

      (a) Withdrawal from the Tahoe Regional Planning Compact by the State of Nevada; or

      (b) Proclamation by the governor of a withdrawal from the Tahoe Regional Planning Compact by the State of California or of his finding that the Tahoe Regional Planning Agency has become unable, for lack of money or for any other reason, to perform its duties or to exercise its powers as provided in the compact [.] ,

Ê whichever is earlier.

     Sec. 17.3.  Section 3 of chapter 22, Statutes of Nevada 1987, at page 53, is hereby amended to read as follows:

      Sec. 3.  [This] Except as otherwise provided in this section, this act becomes effective upon passage and approval. This act does not become effective unless the contingent events described in section 2 of this act have occurred before January 1, 2011.

     Sec. 17.7.  Section 4 of chapter 311, Statutes of Nevada 1997, at page 1170, is hereby amended to read as follows:

      Sec. 4.  1.  This section [and section 3 of this act become] becomes effective upon passage and approval.

      2.  Section 1 of this act [:

      (a) Becomes] becomes effective upon [proclamation by the governor of this state of] the enactment by the State of California of amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 1 of this act . [, unless the amendments proposed to the Tahoe Regional Planning Compact by chapter 22, Statutes of Nevada 1987, at page 28, have been approved by the Congress of the United States before the governor issues his proclamation; and

 


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      (b) Expires by limitation upon approval by the Congress of the United States of the amendments proposed to the Tahoe Regional Planning Compact by chapter 22, Statutes of Nevada 1987, at page 28.

      3.  Section 2 of this act becomes effective upon proclamation by the governor of this state of:

      (a) The enactment by the State of California of amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 2 of this act; and

      (b) The approval by the Congress of the United States of the amendments proposed to the Tahoe Regional Planning Compact by chapter 22, Statutes of Nevada 1987, at page 28.]

     Sec. 18.  1.  NRS 244.153, 266.263, 267.123, 268.099, 269.123, 277.190, 277.200, 277.210, 277.215, 278.025, 278.826, 309.385 and 318.103 are hereby repealed.

     2.  Sections 1 and 2 of chapter 442, Statutes of Nevada 1985, at pages 1257 and 1258, respectively, are hereby repealed.

     3.  NRS 277.220 is repealed effective upon:

     (a) Payment of all of the outstanding obligations of the Account for the Tahoe Regional Planning Agency created by NRS 277.220; and

     (b) Transfer of the remaining balance, if any, in the Account for the Tahoe Regional Planning Agency to the Account for the Nevada Tahoe Regional Planning Agency created by section 3 of this act, as required by section 21 of this act.

     Sec. 19.  Except as otherwise provided in NRS 278.792 as amended by section 6 of this act, the governing body, officers, advisory planning commission, executive officer, staff and legal counsel elected or appointed pursuant to NRS 278.780 to 278.828, inclusive, shall remain in their respective offices with the Nevada Tahoe Regional Planning Agency after the withdrawal of the State of Nevada from the Tahoe Regional Planning Compact and until the expiration of their terms, termination by the appointing authority or forfeiture of office.

     Sec. 19.5.  1.  With respect to any approval or permit for a project that was given or issued, as applicable, by the Tahoe Regional Planning Agency before the date on which the State of Nevada withdraws from the Tahoe Regional Planning Compact:

     (a) The permit or approval remains valid after that date; and

     (b) The Nevada Tahoe Regional Planning Agency shall assume the responsibility of enforcing the conditions, if any, of the approval or permit.

     2.  With respect to any application that was pending before the Tahoe Regional Planning Agency on the date on which the State of Nevada withdraws from the Tahoe Regional Planning Compact, the Nevada Tahoe Regional Planning Agency shall process the application without requiring any new or additional filings or submissions.

     Sec. 20.  To protect the legal rights and interests of the State of Nevada and the Nevada Tahoe Regional Planning Agency, the Attorney General shall, as expeditiously as possible, cause appropriate legal action to be taken to resolve, settle or terminate any proposed or pending litigation:

     1.  In which the Tahoe Regional Planning Agency is a party; and

     2.  Which involves the rights, interests, obligations or liabilities of the State of Nevada, residents of this State or the Nevada Tahoe Regional Planning Agency.

 


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     Sec. 21.  As soon as practicable after the date on which the State of Nevada withdraws from the Tahoe Regional Planning Compact:

     1.  Any unexpended balance appropriated by the State of Nevada to, and under the control of, the Tahoe Regional Planning Agency; and

     2.  After the payment of any outstanding obligations pursuant to subsection 3 of section 18 of this act, any balance remaining in the Account for the Tahoe Regional Planning Agency created by NRS 277.220,

Ê must be transferred to the Account for the Nevada Tahoe Regional Planning Agency created by section 3 of this act.

     Sec. 22.  As soon as practicable after the date on which the State of Nevada withdraws from the Tahoe Regional Planning Compact, the governing body of the Nevada Tahoe Regional Planning Agency shall:

     1.  Adopt a regional plan pursuant to its authority set forth in NRS 278.8111.

     2.  Adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional plan pursuant to its authority set forth in NRS 278.813.

     Sec. 22.5.  1.  In addition to exercising the powers and performing the duties set forth in NRS 218E.550 to 218E.580, inclusive, the Committee shall hold hearings on, and prepare for the Legislature a report concerning, the following matters:

     (a) The proposed organization and staffing of the Nevada Tahoe Regional Planning Agency which would be necessary for that entity to assume the powers and duties of the Tahoe Regional Planning Agency for the portion of the Lake Tahoe Basin within the State of Nevada.

     (b) A proposed schedule for the Nevada Tahoe Regional Planning Agency to adopt a regional plan and ordinances as necessary for that entity to assume the powers and duties of the Tahoe Regional Planning Agency for the portion of the Lake Tahoe Basin within the State of Nevada.

     (c) The proposed annual budget, including, without limitation, estimated legal expenses, of the Nevada Tahoe Regional Planning Agency which would be necessary for that entity to assume the powers and duties of the Tahoe Regional Planning Agency for the portion of the Lake Tahoe Basin within the State of Nevada.

     (d) An assessment of any potential:

           (1) Consequences, including, without limitation, legal consequences, transportation consequences, moratoria on permitting and potential impacts to the economy which would likely occur; and

           (2) Legal expenses, including, without limitation, litigation expenses, which would likely be incurred,

Ê in the event that the State of Nevada withdraws from the Tahoe Regional Planning Compact.

     (e) Progress of the governing board of the Tahoe Regional Planning Agency toward amending or otherwise revising the regional plan described in the Tahoe Regional Planning Compact to include, without limitation:

           (1) Delegation of appropriate planning matters to local, state and federal governmental entities as may be allowed by law; and

           (2) Concurrence from the Executive Branches of State Government of the States of Nevada and California with respect to guiding principles and a schedule for amending the regional plan.

     (f) An analysis of any changes necessary to the Tahoe Regional Planning Compact, including, without limitation:

 


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           (1) Potential changes to the voting structure of the governing body of the Tahoe Regional Planning Agency;

           (2) Potential changes that will allow the regional plan to consider economic issues; and

           (3) Potential changes to the procedures for legal actions against the governing body of the Tahoe Regional Planning Agency.

     2.  On or before December 31, 2012, the Committee shall submit the report described in subsection 1 to the Director of the Legislative Counsel Bureau for transmission to the 77th Session of the Nevada Legislature.

     3.  The Committee shall determine whether the State of Nevada should remain a party to the Tahoe Regional Planning Compact. If the Committee so determines, the Committee shall forward a bill draft request that would repeal section 1 and other related sections of this act to the Director of the Legislative Counsel Bureau for transmission to the 77th Session of the Nevada Legislature. The Committee may also consider submitting one or more additional bill draft requests that contain:

     (a) Recommendations for changes to the Tahoe Regional Planning Compact deemed to be necessary by the Committee; and

     (b) Any other changes to law relating to the Tahoe Regional Planning Compact deemed to be necessary by the Committee.

     4.  The Committee shall consider any ongoing discussions with California, the Federal Government and any other interested parties in evaluating potential changes to the Tahoe Regional Planning Compact.

     5.  The Committee shall vote to appoint a delegation from among its members, consisting of one member of the Senate and two members of the Assembly, representing at least one member from each party. The delegation must be tasked with discussing possible changes to the Tahoe Regional Planning Compact with a like delegation from the California Legislature. The delegation must submit a report of its findings to the Committee not later than the final date on which the Committee will meet.

     6.  As used in this section, “Committee” means the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System created by NRS 218E.555.

     Sec. 23.  1.  The Secretary of State shall transmit:

     (a) A certified copy of this act to:

           (1) The Governor of the State of California; and

           (2) The governing body of the Tahoe Regional Planning Agency.

     (b) Two certified copies of this act to the Secretary of State of California for delivery to the respective Houses of its Legislature.

     2.  The Director of the Legislative Counsel Bureau shall transmit copies of section 1.5 of this act to each public officer, agency or other entity that he or she deems appropriate.

     3.  The Governor of this State, as soon as:

     (a) The State of California has enacted amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act; and

     (b) The amendments have been approved pursuant to Public Law 96-551,

Ê shall proclaim that the compact has been amended as provided in this act.

     Sec. 23.5.  If all of the events described in subsection 4 of section 25 of this act have not yet taken place as of July 1, 2015, the Governor, on or after that date, but before October 1, 2015:

 


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     1.  Shall assess whether it is likely that all of the events described in subsection 4 of section 25 of this act will take place in the reasonably foreseeable future; and

     2.  May, if the Governor determines it is likely that all of the events described in subsection 4 of section 25 of this act will take place in the reasonably foreseeable future, issue a proclamation to that effect. If the Governor issues the proclamation described in this subsection, sections 1, 2 to 22, inclusive, and 24 of this act must not become effective until October 1, 2017.

     Sec. 24.  The Legislative Counsel shall:

     1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

     2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

     Sec. 25.  1.  This section and sections 17.3, 17.7, 22.5, 23 and 23.5 of this act become effective upon passage and approval.

     2.  Section 22.5 of this act expires by limitation on January 1, 2013.

     3.  Section 1.5 of this act becomes effective upon proclamation by the Governor of this State of:

     (a) The enactment by the State of California of amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act; and

     (b) The approval of the amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act pursuant to Public Law 96-551.

     4.  Except as otherwise provided in subsection 5, sections 1, 2 to 22, inclusive, and 24 of this act become effective on October 1, 2015, unless, by that date, all of the following events have occurred:

     (a) The State of California has enacted amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act;

     (b) The amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act have been approved pursuant to Public Law 96-551; and

     (c) The governing board of the Tahoe Regional Planning Agency has adopted an update to the 1987 Regional Plan.

     5.  In the event that the Governor of this State issues a proclamation pursuant to section 23.5 of this act, sections 1, 2 to 22, inclusive, and 24 of this act become effective on October 1, 2017.

________

 


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ê2011 Statutes of Nevada, Page 3744ê

 

CHAPTER 531, SB 92

Senate Bill No. 92–Senator Hardy

 

CHAPTER 531

 

[Approved: June 17, 2011]

 

AN ACT relating to development; revising provisions relating to the preservation of historic neighborhoods in certain regional plans; authorizing redevelopment agencies to expend money, subject to certain limitations, to improve educational facilities located within certain cities or counties; requiring redevelopment agencies to file reports with their respective governing bodies and the Director of the Legislative Counsel Bureau; requiring certain redevelopment agencies to set aside certain revenue from property taxes for an additional purpose; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill removes the specific requirement of addressing the preservation of historic neighborhoods in the regional plan of a county whose population is 100,000 or more but less than 400,000 (currently Washoe County).

       Section 2 of this bill requires a redevelopment agency to submit, upon adoption of a redevelopment plan for a redevelopment area, an initial report containing certain specified information regarding each redevelopment area to the legislative body of the community and to the Nevada Legislature. Each agency is also required to submit an annual report containing information for the redevelopment area for the previous fiscal year, including with respect to areas in existence on July 1, 2011. Section 7 of this bill provides for the submission of an initial report for each redevelopment area for which a redevelopment plan has been adopted before July 1, 2011.

       Existing law authorizes the legislative body of a community, having recognized the need for a redevelopment agency to function in the community, to establish a redevelopment revolving fund. (NRS 279.386, 279.392, 279.396, 279.410, 279.620) Existing law also specifies the manner in which, and the permissible purposes for which, money may be expended from the redevelopment revolving fund. (NRS 279.628) Section 5 of this bill expands the permissible purposes for which money may be expended from a redevelopment revolving fund to include use by a redevelopment agency for the improvement, with certain limitations, of educational facilities in a city or county with a redevelopment area within its boundaries.

       Section 6 of this bill requires the redevelopment agency of a city whose population is 300,000 or more (currently the City of Las Vegas) that receives certain revenue from taxes to set aside a portion of those revenues received on or after October 1, 2011, to be used to increase, improve and preserve, in addition to the number of dwelling units in the community for low-income households, the number of educational facilities within the redevelopment area.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 278.0274 is hereby amended to read as follows:

     278.0274  The comprehensive regional plan must include goals, policies, maps and other documents relating to:

     1.  Population, including a projection of population growth in the region and the resources that will be necessary to support that population.

 


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     2.  Conservation, including policies relating to the use and protection of air, land, water and other natural resources, ambient air quality, natural recharge areas, floodplains and wetlands, and a map showing the areas that are best suited for development based on those policies.

     3.  The limitation of the premature expansion of development into undeveloped areas, preservation of neighborhoods [, including, without limitation, historic neighborhoods,] and revitalization of urban areas, including, without limitation, policies that relate to the interspersion of new housing and businesses in established neighborhoods and set forth principles by which growth will be directed to older urban areas.

     4.  Land use and transportation, including the classification of future land uses by density or intensity of development based upon the projected necessity and availability of public facilities, including, without limitation, schools, and services and natural resources, and the compatibility of development in one area with that of other areas in the region. This portion of the plan must:

     (a) Address, if applicable:

           (1) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts; and

           (2) The coordination and compatibility of land uses with each military installation in the region, taking into account the location, purpose and stated mission of the military installation;

     (b) Allow for a variety of uses;

     (c) Describe the transportation facilities that will be necessary to satisfy the requirements created by those future uses; and

     (d) Be based upon the policies and map relating to conservation that are developed pursuant to subsection 2, surveys, studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.

     5.  Public facilities and services, including provisions relating to sanitary sewer facilities, solid waste, flood control, potable water and groundwater aquifer recharge which are correlated with principles and guidelines for future land uses, and which specify ways to satisfy the requirements created by those future uses. This portion of the plan must:

     (a) Describe the problems and needs of the area relating to public facilities and services and the general facilities that will be required for their solution and satisfaction;

     (b) Identify the providers of public services within the region and the area within which each must serve, including service territories set by the Public Utilities Commission of Nevada for public utilities;

     (c) Establish the time within which those public facilities and services necessary to support the development relating to land use and transportation must be made available to satisfy the requirements created by that development; and

     (d) Contain a summary prepared by the regional planning commission regarding the plans for capital improvements that:

           (1) Are required to be prepared by each local government in the region pursuant to NRS 278.0226; and

           (2) May be prepared by the water planning commission of the county, the regional transportation commission and the county school district.

 


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     6.  Annexation, including the identification of spheres of influence for each unit of local government, improvement district or other service district and specifying standards and policies for changing the boundaries of a sphere of influence and procedures for the review of development within each sphere of influence. As used in this subsection, “sphere of influence” means an area into which a political subdivision may expand in the foreseeable future.

     7.  Intergovernmental coordination, including the establishment of guidelines for determining whether local master plans and facilities plans conform with the comprehensive regional plan.

     8.  Any utility project required to be reported pursuant to NRS 278.145.

     Sec. 2.  Chapter 279 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  In addition to the report required pursuant to the provisions of subsection 2, for each redevelopment area for which a redevelopment plan is adopted pursuant to the provisions of NRS 279.586 on or after July 1, 2011, the agency shall, on or before the January 1 next after the adoption of the plan, submit to the Director of the Legislative Counsel Bureau, for transmittal to the Legislature, and to the legislative body a report on a form prescribed by the Committee on Local Government Finance that includes, without limitation, the following information for the redevelopment area:

     (a) A legal description of the boundaries of the redevelopment area;

     (b) The date on which the redevelopment plan for the redevelopment area was adopted;

     (c) The scheduled termination date of the redevelopment plan;

     (d) The total sum of the assessed value of the taxable property in the redevelopment area for:

           (1) The fiscal year immediately preceding the adoption of the redevelopment plan; and

           (2) The fiscal year during which the redevelopment plan was adopted, if such fiscal year ends before the reporting deadline;

     (e) The combined overlapping tax rate of the redevelopment area;

     (f) The property tax rate of the redevelopment area;

     (g) The property tax revenue expected to be received from any tax increment area, as defined in NRS 278C.130, within the redevelopment area during the first fiscal year that the agency will receive an allocation pursuant to the provisions of NRS 279.676;

     (h) Copies of any memoranda of understanding into which the agency enters during the fiscal year in which the redevelopment plan was adopted; and

     (i) The amortization schedule for any debt incurred for the redevelopment area and the reasons for incurring the debt.

     2.  On or before January 1 of each year, for each redevelopment area for which a redevelopment plan has been adopted pursuant to the provisions of NRS 279.586, the agency shall submit to the Director of the Legislative Counsel Bureau, for transmittal to the Legislature, and to the legislative body a report on a form prescribed by the Committee on Local Government Finance that includes, without limitation, the following information for the redevelopment area for the previous fiscal year:

     (a) The property tax revenue received from any tax increment area, as defined in NRS 278C.130, within the redevelopment area;

     (b) The combined overlapping tax rate of the redevelopment area;

 


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     (c) The property tax rate of the redevelopment area;

     (d) The total sum of the assessed value of the taxable property in the redevelopment area;

     (e) If the amount reported pursuant to the provisions of paragraph (d) is less than the total sum of the assessed value of the taxable property in the redevelopment area for any other previous fiscal year, an explanation of the reason for the difference;

     (f) Copies of any memoranda of understanding into which the agency enters;

     (g) The amortization schedule for any debt incurred for the redevelopment area and the reasons for incurring the debt; and

     (h) Any change to the boundary of the redevelopment area and an explanation of the reason for the change.

     3.  Any report for a redevelopment area submitted pursuant to the provisions of subsection 1 must be submitted with the report for the redevelopment area submitted pursuant to the provisions of subsection 2.

     Sec. 3.  NRS 279.382 is hereby amended to read as follows:

     279.382  The provisions contained in NRS 279.382 to 279.685, inclusive, and section 2 of this act may be cited as the Community Redevelopment Law.

     Sec. 4.  NRS 279.384 is hereby amended to read as follows:

     279.384  As used in NRS 279.382 to 279.685, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 279.386 to 279.414, inclusive, have the meanings ascribed to them in those sections.

     Sec. 5.  NRS 279.628 is hereby amended to read as follows:

     279.628  1.  By resolution of the legislative body adopted by a majority vote any money in the redevelopment revolving fund may be expended from time to time for:

     (a) The acquisition of real property in any redevelopment area.

     (b) The clearance, aiding in relocation of occupants of the site and preparation of any redevelopment area for redevelopment.

     2.  By resolution of the legislative body adopted by a two-thirds vote, any money in the redevelopment revolving fund may be paid to the agency, upon such terms and conditions as the legislative body may prescribe for any of the following purposes:

     (a) Deposit in a trust fund to be expended for the acquisition of real property in any redevelopment area.

     (b) The clearance of any redevelopment area for redevelopment.

     (c) Any expenses necessary or incidental to the carrying out of a redevelopment plan which has been adopted by the legislative body.

     (d) For the provision of grants to pay the costs related to the improvement of educational facilities in the community, except for the cost of any regular expenses of such an educational facility.

     Sec. 6.  NRS 279.685 is hereby amended to read as follows:

     279.685  1.  Except as otherwise provided in this section, an agency of a city whose population is 300,000 or more that receives revenue from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall set aside not less than [15] :

     (a) Fifteen percent of that revenue received on or before October 1, 1999, and 18 percent of that revenue received after October 1, 1999, but before October 1, 2011, to increase, improve and preserve the number of dwelling units in the community for low-income households [.]

 


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before October 1, 2011, to increase, improve and preserve the number of dwelling units in the community for low-income households [.] ; and

     (b) Eighteen percent of that revenue received on or after October 1, 2011, to increase, improve and preserve the number of:

           (1) Dwelling units in the community for low-income households; and

           (2) Educational facilities within the redevelopment area.

     2.  The obligation of an agency to set aside not less than 15 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before July 1, 1993, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after July 1, 1993, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

     3.  The obligation of an agency to set aside an additional 3 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before October 1, 1999, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after October 1, 1999, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

     4.  [The] From the revenue set aside by an agency pursuant to paragraph (b) of subsection 1, not more than 50 percent of that amount may be used to:

     (a) Increase, improve and preserve the number of dwelling units in the community for low-income households; or

     (b) Increase, improve and preserve the number of educational facilities within the redevelopment area,

Ê unless the agency establishes that such an amount is insufficient to pay the cost of a project identified in the redevelopment plan for the redevelopment area.

     5.  Except as otherwise provided in paragraph (b) of subsection 1 and subsection 4, the agency may expend or otherwise commit money for the purposes of subsection 1 outside the boundaries of the redevelopment area.

     Sec. 7.  1.  On or before January 1, 2012, for each redevelopment area for which a redevelopment plan has been adopted pursuant to the provisions of NRS 279.586 before July 1, 2011, the agency shall submit to the Director of the Legislative Counsel Bureau, for transmittal to the Legislature and to the legislative body a report on a form prescribed by the Committee on Local Government Finance that includes, without limitation, the following information for the redevelopment area:

 


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     (a) A legal description of the boundaries of the redevelopment area;

     (b) The date on which the redevelopment plan for the redevelopment area was adopted;

     (c) The scheduled termination date of the redevelopment plan;

     (d) The total sum of the assessed value of the taxable property in the redevelopment area for:

           (1) The fiscal year immediately preceding the adoption of the redevelopment plan;

           (2) The fiscal year during which the redevelopment plan was adopted;

           (3) The combined overlapping tax rate of the redevelopment area;

           (4) The property tax rate of the redevelopment area;

           (5) The property tax revenue received from any tax increment area, as defined in NRS 278C.130, within the redevelopment area for the fiscal year ending June 30, 2011;

           (6) Copies of any memoranda of understanding into which the agency enters during the fiscal year ending June 30, 2011; and

           (7) The amortization schedule for any debt incurred for the redevelopment area and the reasons for incurring the debt.

     2.  As used in this section:

     (a) “Agency” has the meaning ascribed to it in NRS 279.386.

     (b) “Legislative body” has the meaning ascribed to it in NRS 279.396.

     (c) “Redevelopment area” has the meaning ascribed to it in NRS 279.410.

     Sec. 8.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 3750ê

 

CHAPTER 532, SB 191

Senate Bill No. 191–Senator Manendo (by request)

 

CHAPTER 532

 

[Approved: June 20, 2011]

 

AN ACT relating to pets; reducing the amount of real property required for the operation of a pet cemetery; revising provisions governing crematories for pets; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 2 of this bill authorizes the governing body of a county, city or town to adopt ordinances for the maintenance and operation of a crematory for pets. Section 3 of this bill reduces the amount of real property required to have a pet cemetery from 5 acres to 2.5 acres. Section 4 of this bill removes the requirement that a crematory for pets must be operated by a person who is a cemetery authority, who has a certificate of authority and who operates the crematory on the property of a pet cemetery. Instead, section 4 requires a crematory for pets which is independent of a cemetery for pets to have an area of a facility that is designated only for the cremation of pets and which complies with any applicable laws. Section 5 of the bill allows the operator of a crematory for pets to dispose of the remains of a pet which have been left with the crematory when arrangements have not been made within 7 days.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  (Deleted by amendment.)

     Sec. 2.  NRS 452.650 is hereby amended to read as follows:

     452.650  The governing body of a county, city or town may adopt such ordinances for the maintenance and operation of cemeteries for pets [,] and crematories for pets, and for the interment, inurnment and entombment of pets, as it deems appropriate for the public health, safety or welfare. Such an ordinance must not conflict with the provisions of NRS 452.655 to 452.700, inclusive.

     Sec. 3.  NRS 452.670 is hereby amended to read as follows:

     452.670  A person shall not operate a cemetery for pets unless:

     1.  The trust fund for the endowment care of the cemetery contains a principal sum of not less than that amount required pursuant to NRS 452.705.

     2.  The cemetery is located on not less than [5] 2.5 acres of real property which:

     (a) Is dedicated for use as a cemetery for pets pursuant to NRS 452.655; and

     (b) Is not subject to any liens, mortgages or other encumbrances, except those which are subordinate to the dedication of the property for use as a cemetery for pets.

     Sec. 4.  NRS 452.675 is hereby amended to read as follows:

     452.675  1.  A person shall not operate a crematory for pets unless the person [is a cemetery authority who:

 


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     (a) Also holds a certificate of authority issued pursuant to NRS 452.340; and

     (b) Operates the crematory on the property to which that certificate of authority relates.] has a facility with an area designated only for the cremation of pets and which complies with any applicable federal or state statute or regulation or local ordinance.

     2.  The provisions of this section do not apply to [a] :

     (a) A society:

     [(a) Formed]

           (1) Which was formed for the purpose of preventing cruelty to animals as described in NRS 574.010; and

     [(b)] (2) Which operates a shelter for animals.

     (b) A cemetery for pets that operates a crematory for pets.

     Sec. 5.  NRS 452.680 is hereby amended to read as follows:

     452.680  A cemetery authority [:] or an operator of a crematory for pets:

     1.  May dispose of the remains of any pet which has been left for more than 7 days at the cemetery [,] or crematory, if arrangements have not been made with the cemetery authority or operator of the pet crematory for the disposition of the pet.

     2.  Shall post a notice, in a conspicuous place on the grounds of the cemetery [,] or in the portion of the facility of the crematory where the public is allowed apprising the public of the provisions of subsection 1.

     Sec. 6.  This act becomes effective upon passage and approval.

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