Nevada 2017 Regular Session Status: Enacted

AB 80 — Revises provisions governing redevelopment in certain cities. (BDR 22-416)

Last action — Approved by the Governor. Chapter 508.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 17, 2016. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

382 added · 409 removed

382 line(s) added, 409 removed.

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(Reprinted with amendments adopted on May 24, 2017) SECOND REPRINT A.B.
Assembly Bill No.
80 ASSEMBLY B ILLN O.
80–Committee on Government Affairs CHAPTER..........
80–COMMITTEE ON GOVERNMENT AFFAIRS (O N BEHALF OF THE CITY OF RENO ) PREFILED N OVEMBER 17, 2016 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing redevelopment in certain cities.
(BDR 22-416) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Any other redevelopment plan adopted before January 1, 1991, and any amendments to the plan also must the date on which the original redevelopment plan was adopted, whichever is later.ter (NRS 279.438) Section 1 of this bill authorizes a city whose population is 220,000 or more located in a county whose population is 100,000 or more but less than 700,000 (currently the City of Reno) to extend the date of termination of a - *AB80_R2* – 2 – redevelopment plan adopted before January 1, 1991, to the later of the retirement of the last maturing securities or 60 years after the date on which the original redevelopment plan was adopted, whichever is later.
Any other redevelopment plan adopted before January 1, 1991, and any amendments to the plan also must terminate upon the retirement of the last maturing securities or up to 45 years after (NRS 279.438) Section 1 of this bill authorizes a city whose population is 220,000 or more located in a county whose population is 100,000 or more but less than 700,000 (currently the City of Reno) to extend the date of termination of a redevelopment plan adopted before January 1, 1991, to the later of the retirement of the last maturing securities or 60 years after the date on which the original redevelopment plan was adopted, whichever is later.
The adoption of an extension of a redevelopment plan has no effect on the allocation of revenues among taxing authorities within the redevelopment area.
The revenues among taxing authorities within the redevelopment area.n the allocation of Under existing law, the redevelopment agency of a city or county, with the consent of the governing body of the city or county, is authorized, in certain circumstances, to pay all or part of the value of the land for and the cost of the construction of a building, facility, structure or other improvement to real property or installation of an improvement which is publicly or privately owned and is located within or without a redevelopment area for which the agency has adopted a redevelopment plan.
consent of the governing body of the city or county, is authorized, in certain circumstances, to pay all or part of the value of the land for and the cost of the construction of a building, facility, structure or other improvement to real property or installation of an improvement which is publicly or privately owned and is located within or without a redevelopment area for which the agency has adopted a redevelopment plan.
(NRS 279.486) Section 1.2 of this bill provides that an agency developers or other persons.pursuant to a written agreement with one or more Existing law imposes various requirements relating to the area included within a redevelopment area.
(NRS 279.486) Section 1.2 of this bill provides that an agency may only make such payments pursuant to a written agreement with one or more developers or other persons.
(NRS 279.519) Section 1.4 of this bill requires that the boundaries of a redevelopment area created after July 1, 2017, and the boundaries of an area added to a redevelopment area after July 1, 2017:
a redevelopment area.
(1) follow, in the same manner as for election precincts, visible ground features or extensions of visible ground features, except where the boundary coincides with the official boundary of - 79th Session (2017) – 2 – the State or a county or city;
(NRS 279.519) Section 1.4 of this bill requires that thehin boundaries of a redevelopment area created after July 1, 2017, and the boundaries of an area added to a redevelopment area after July 1, 2017:
(1) follow, in the same manner as for election precincts, visible ground features or extensions of visible ground features, except where the boundary coincides with the official boundary of the State or a county or city;
Sections 1.4 and 1.6 of this bill require a redevelopment area to contain all taxable property in the area, except for certain proExisting law authorizes an amendment to an existing redevelopment area, including the addition of one or more areas to the redevelopment area.
Sections 1.4 and 1.6 of this bill require a redevelopment area to contain all taxable property in the area, except for certain property which is specifically excluded.
(NRS 279.608) Section 1.8 of this bill prohibits the removal of an area from a redevelopment area by amendment.
Existing law authorizes an amendment to an existing redevelopment area, 279.608) Section 1.8 of this bill prohibits the removal of an area from aRS redevelopment area by amendment.
(NRS 279.6855) Section 2.5 of this bill extends the applicability of these provisions to any city whose population is 220,000 or more but less than 500,000, regardless of the population of the county in which it is ordinance extending the date of termination of its redevelopment plan.city adopts an THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 279.6855) Section 2.5 of this bill extends the but less than 500,000, regardless of the population of the county in which it ise located (currently the cities of Henderson and Reno), but only if the city adopts an ordinance extending the date of termination of its redevelopment plan.
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:
A redevelopment plan adopted before January 1, 1991, and any amendments to the plan must terminate at the end of - *AB80_R2* – 3 – the fiscal year in which the principal and interest of the last maturing of the securities issued before that date concerning the redevelopment area are fully paid or:
A redevelopment plan adopted before January 1, 1991, and any amendments to the plan must terminate at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date concerning the redevelopment area are fully paid or:
(b) With respect to a redevelopment plan adopted by the agency of a city whose population is 500,000 or more, if the requirements set forth in subsection 2 are met, 60 years after the date on which the original redevelopment plan was adopted, whichever is later.
(b) With respect to a redevelopment plan adopted by the agency of a city whose population is 500,000 or more, if the requirements - 79th Session (2017) – 3 – set forth in subsection 2 are met, 60 years after the date on which the original redevelopment plan was adopted, whichever is later.
[(b)] (c) With respect to any other redevelopment plan, including a redevelopment plan adopted by an agency of a city [whose population is 500,000 or more,] specified in paragraph (a) or (b), if the requirements set forth in [subsection 2] paragraph (a) or (b) are not met, 45 years after the date on which the original redevelopment plan was adopted, whichever is later.
[(b)] (c) With respect to any other redevelopment plan, including a redevelopment plan adopted by an agency of a city or (b), if the requirements set forth in [subsection 2] paragraph (a) or (b) are not met, 45 years after the date on which the original redevelopment plan was adopted, whichever is later.
and (b) The assessed value of the redevelopment area is not less than 75 percent of the assessed value of the redevelopment area in the year in which the redevelopment plan was adopted.
and (b) The assessed value of the redevelopment area is not less than percent of the assessed value of the redevelopment area in the year in which the redevelopment plan was adopted.
An agency may, with the consent of the legislative body [,] and pursuant to a written agreement with one or more developers or other persons, pay all or part of the value of the land for and the cost of the construction of any building, facility, structure or other improvement and the installation of any improvement which is publicly or privately owned and located within or without the redevelopment area.
An agency may, with the consent of the legislative body [,] and pursuant to a written agreement with one or more developers or other persons, pay all or part of the value of the land for and the cost of the construction of any building, facility, structure or other improvement and the installation of any improvement which is publicly or privately owned and located wit2.n oWithin 14 days before a meeting at which the legislative body of a city whose population is 500,000 or more is scheduled to consider an action proposed by the agency of the city pursuant to subsection 1, the agency shall make available to the public a detailed report which includes, without limitation:
2.
Within 14 days before a meeting at which the legislative body of a city whose population is 500,000 or more is scheduled to - *AB80_R2* – 4 – consider an action proposed by the agency of the city pursuant to subsection 1, the agency shall make available to the public a detailed report which includes, without limitation:
(I) The costs of the redevelopment project, including, without limitation, the costs of acquiring any real property, clearance costs, relocation costs, the costs of any improvements which will be paid by the agency and the amount of the anticipated interest on any bonds issued or sold to finance the project.
(I) The costs of the redevelopment project, including, without limitation, the costs of acquiring any real property, clearance costs, relocation costs, the costs of any improvements - 79th Session (2017) – 4 – which will be paid by the agency and the amount of the anticipated interest o(II) The estimated current value of the real property interest to be conveyed or leased, determined at its highest and best use permitted under the redevelopment plan.
(II) The estimated current value of the real property interest to be conveyed or leased, determined at its highest and best use permitted under the redevelopment plan.
(2) An explanation of how the project will assist in the elimination of blight, including, without limitation, reference to all supporting facts and materials relied on in reaching the conclusions presented in the explanation.
(2) An explanation of how the project will assist in the elimination of blight, including, without limitation, reference to all supporting facts and materials relied on in reaching the conclusions pre3.nteBefore the legislative body may give its consent to an action proposed by the agency pursuant to subsection 1, it must determine that:
3.
Before the legislative body may give its consent to an action proposed by the agency pursuant to subsection 1, it must determine that:
In reaching its determination that the buildings, facilities, structures or other improvements are of benefit to the redevelopment - *AB80_R2* – 5 – area or the immediate neighborhood in which the redevelopment area is located, the legislative body shall consider:
In reaching its determination that the buildings, facilities, structures or other improvements are of benefit to the redevelopment area or the immediate neighborhood in which the redevelopment area is located, the legislative body shall consider:
(1) Encourage the creation of new business or other appropriate development;
(1) Encourage the creation of new business or other appropr(2) Create jobs or other business opportunities for nearby residents;
(2) Create jobs or other business opportunities for nearby residents;
(4) Increase levels of human activity in the redevelopment area or the immediate neighborhood in which the redevelopment area is located;
- 79th Session (2017) – 5 – (4) Increase levels of human activity in the redevelopment area or the immediate neighborhood in which the redevelopment area is located;
(5) Possess attributes that are unique, either as to type of use or level of quality and design;
(5) Possess attributes that are unique, either as to type of use or leve(6) Require for their construction, installation or operation the use of qualified and trained labor;
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(6) Require for their construction, installation or operation the use of qualified and trained labor;
The obligation of the agency under that contract constitutes an indebtedness of the agency which may be payable out of taxes levied and allocated to the agency under paragraph (b) of subsection 1 of NRS 279.676, or out of any other available money.
The obligation of the agency under that contract constitutes an indebtedness of the agency which may be payable out of taxes levied and allocated to out of any other available money.
Sec.
subsection 1 of NRS 279.676, or Sec.
A redevelopment area may include, in addition to blighted - *AB80_R2* – 6 – areas, lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part.
A redevelopment area may include, in addition to blighted areas, lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part.
(a) Public land upon which public buildings have been erected or improvements have been constructed.
- 79th Session (2017) – 6 – (a) Public land upon which public buildings have been erected or improvements have been constructed.
(b) Land on which an abandoned mine, landfill or other similar use is located and which is surrounded by or directly abuts the improved land.
(b) Land on which an abandoned mine, landfill or other similar use is located and which is surrounded by or directly abuts the imp3.vedThe area included within a redevelopment area may be contiguous or noncontiguous.
3.
The area included within a redevelopment area may be contiguous or noncontiguous.
The taxable property in a redevelopment area must not be included in any subsequently created redevelopment area until at least 50 years after the effective date of creation of the first redevelopment area in which the property was included.
The taxable property in a redevelopment area must not be included in any subsequently created redevelopment area until at redevelopment area in which the property was included.
[6.] 8.
the first [6.] 8.
- *AB80_R2* – 7 – [(b)] (2) Any areas related to the structures described in [paragraph (a),] subparagraph (1), including, without limitation, landscaping areas, parking areas, parks and streets;
[(b)] (2) Any areas related to the structures described in [paragraph (a),] subparagraph (1), including, without limitation, landscaping areas, parking areas, parks and streets;
and [(2)] (II) Any areas related to the eligible railroad, including, without limitation, land on which is located railroad tracks, a railroad right-of-way or a facility related to the eligible railroad.
and - 79th Session (2017) – 7 – [(2)] (II) Any areas related to the eligible railroad, including, without limitation, land on which is located railroad tracks, a railroad right-of-way or a facility related to the eligible railroad.
(b) “Visible ground feature” includes, without limitation, a street, road, highway, river, stream, shoreline, drainage ditch, railroad right-of-way or any other physical feature which is clearly visible from the ground.
street, road, highway, river, stream, shoreline, drainage ditch, railroad right-of-way or any other physical feature which is clearly visible from the ground.
If the planning commission does not report upon the change within 30 days after its submission by the legislative body, the legislative body may proceed to exclude the land from the proposed redevelopment area without that report and recommendation.
If the planning commission does not report upon the change within days after its submission by the legislative body, the legislative body may proceed to exclude the land from the proposed redevelopment area without that report and recommendation.
If, at any time after the adoption of a redevelopment plan by the legislative body, the agency desires to take an action that will constitute a material deviation from the plan or otherwise determines that it would be necessary or desirable to amend the plan, the agency must recommend the amendment of the plan to the legislative body.
If, at any time after the adoption of a redevelopment plan by the legislative body, the agency desires to take an action that will constitute a material deviation from the plan amend the plan, the agency must recommend the amendment of thee to plan to the legislative body.
Notice of that hearing must be published at least 10 days before the date of hearing in a newspaper of general circulation, printed and published - *AB80_R2* – 8 – in the community, or, if there is none, in a newspaper selected by the agency.
Notice of that hearing must be published at least 10 days before the date of hearing in a newspaper of general circulation, printed and published in the community, or, if there is none, in a newspaper selected by the agency.
3.
- 79th Session (2017) – 8 – 3.
In addition to the notice published pursuant to subsection 2, the agency shall cause a notice of hearing on a proposed amendment to the plan to be sent by mail at least 10 days before the date of the hearing to each owner of real property, as listed in the records of the county assessor, whom the agency determines is likely to be directly affected by the proposed amendment.
In addition to the notice published pursuant to subsection 2, the agency shall cause a notice of hearing on a proposed amendment to the plan to be sent by mail at least 10 days before the date of the hearing to each owner of real property, as listed in the records of the affected by the proposed amendment.
The notice must:
The notice must:y to be directly (a) Set forth the date, time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed amendment;
(a) Set forth the date, time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed amendment;
As used in this section, “material deviation” means an action that, if taken, would alter significantly one or more of the aspects of a redevelopment plan that are required to be shown in the redevelopment plan pursuant to NRS 279.572.
As used in this section, “material deviation” means an action a redevelopment plan that are required to be shown in thethe aspects of redevelopment plan pursuant to NRS 279.572.
(Deleted by amendment.) - *AB80_R2* – 9 – Sec.
(Deleted by amendment.) Sec.
Except as otherwise provided in this section, an agency of a city whose population is 220,000 or more but less than 500,000 [located in a county whose population is 700,000 or more] that adopts an ordinance pursuant to paragraph (a) of subsection 1 of NRS 279.438 or subsection 4 of NRS 279.439 and which receives revenue pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the redevelopment area affected by the ordinance shall set aside not less than 18 percent of such revenue received on or after the effective date of the ordinance to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area.
Except as otherwise provided in this section, an agency of a city whose population is 220,000 or more but less than 500,000 [located in a county whose population is 700,000 or more] - 79th Session (2017) – 9 – that adopts an ordinance pursuant to paragraph (a) of subsection 1 of NRS 279.438 or subsection 4 of NRS 279.439 and which receives revenue pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the than 18 percent of such revenue received on or after the effectiveess date of the ordinance to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area.
The obligation of an agency pursuant to subsection 1 to set aside not less than 18 percent of the revenue allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 from taxes on the taxable property located in the redevelopment area affected by the ordinance adopted by the agency pursuant to paragraph (a) of subsection 1 of NRS 279.438 or subsection 4 of NRS 279.439 is subordinate to any existing obligations of the agency.
The obligation of an agency pursuant to subsection 1 to set aside not less than 18 percent of the revenue allocated to and NRS 279.676 from taxes on the taxable property located in then 1 of redevelopment area affected by the ordinance adopted by the agency pursuant to paragraph (a) of subsection 1 of NRS 279.438 or subsection 4 of NRS 279.439 is subordinate to any existing obligations of the agency.
For the purposes of this - *AB80_R2* – 10 – subsection, obligations incurred by an agency on or after the effective date of the ordinance adopted by the agency pursuant to paragraph (a) of subsection 1 of NRS 279.438 or subsection 4 of NRS 279.439 shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.
For the purposes of this subsection, obligations incurred by an agency on or after the effective date of the ordinance adopted by the agency pursuant to - 79th Session (2017) – 10 – paragraph (a) of subsection 1 of NRS 279.438 or subsection 4 of proceeds are used to refinance existing obligations of the agency.
H - *AB80_R2*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 508.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 877 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 14, Nays: 6, Excused: 1.) To Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint .

  7. Read second time. Amended. (Amend. No. 877.) To printer.

  8. Placed on Second Reading File.

  9. From committee: Amend, and do pass as amended.

  10. Read first time. Referred to Committee on Government Affairs. To committee.

  11. In Senate.

  12. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 32, Nays: 10.) To Senate.

  13. From printer. To engrossment. Engrossed. First reprint .

  14. Read second time. Amended. (Amend. No. 506.) To printer.

  15. Placed on Second Reading File.

  16. From committee: Amend, and do pass as amended.

  17. Read first time. To committee.

  18. From printer.

  19. Prefiled. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Government Affairs · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Government Affairs

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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AB 80 is sponsored by Government Affairs.
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This bill has been enacted into law. Introduced November 17, 2016. Enacted.
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