SB 398 — Revises provisions relating to affordable housing. (BDR 20-1074)

(Reprinted with amendments adopted on April 17, 2019) FIRST REPRINT S.B.

requiring a board of county commissioners and the governing body of an incorporated city to use certain money for the development or redevelopment of affordable housing;

Existing law authorizes a board of county commissioners or the governing body of an incorporated city to exercise powers necessary or proper to address matters of local concern, whether or not such powers are expressly granted to the board or the development or redevelopment of affordable housing and any action taken toe ensure the availability or affordability of housing as matters of local concern for a board of county commissioners or the governing body.body of a city, respectively.

(NRSExisting 244.146,law 268.0035)generally Sectionsprohibits 1a andboard 3 of thiscounty billcommissioners includeor the developmentgoverning orbody redevelopment of affordablean housingincorporated andcity anyfrom actionimposing takena totax ensureor theimposing availabilitya orservice affordabilitySections 2 and 4 of housingthis asbill mattersprovide ofthat localthese concernprovisions fordo not prohibit a board of county commissioners or the governing bodybody, respectively, from accepting a payment of money in lieu of the performance of an obligation imposed upon a city,person respectively.by ordinance.

ExistingSections law1 generallyand prohibits2.5 of this bill require a board of county commissioners or governing body of an incorporated city, respectively, that accepts a payment in lieu of the chargeperformance of an obligation related to the development or userredevelopment feeof unlessaffordable expresslyhousing authorizedimposed upon a person by statute.ordinance, to - *SB398_R1* – 2 – account separately for that money and use that money only for the development or redevelopment of affordable housing.

(NRS 244.146, 268.0035) Sections 2 and 4 of this bill provide that these provisions do not prohibit a board of county commissioners or governing body, respectively, from accepting a payment of money in lieu of the performance of an obligation imposed upon a person by ordinance.

Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

If a board of county commissioners accepts a payment of money in lieu of the performance of an obligation related to the development or redevelopment of affordable housing imposed upon a person by ordinance of the board of county commissioners, the board of county commissioners must account separately for the money received from such a payment and use that money only for the development or redevelopment of affordable housing in the county.

Sec.

1.5.

- *SB398* – 2 – (a) Primarily affects or impacts areas located in the county, or persons who reside, work, visit or are otherwise present in areas located in the county, and does not have a significant effect or impact on areas located in other counties;

[(f)] (g) Operation, management and control of county jails and pri[(g)]prisoners (h) Any public property, buildings, lands, utilities and other public works owned, leased, operated, managed or controlled by county government,government. including, without limitation:

- *SB398_R1* – 3 – [(g)] (h) Any public property, buildings, lands, utilities and other public works owned, leased, operated, managed or controlled by county government, including, without limitation:

- *SB398* – 3 – (b) All powers necessarily or fairly implied in or incident to the powers expressly granted to the board;

If there is any fair or reasonable doubt concerning the existence of a power of the board to address a matter of local concern pursuant to this paragraph, it must be presumed that the board has the power unlessby the presumptionLegislature.ion is rebutted by evidence of a contrary intent by2. the Legislature.

2.

- *SB398_R1* – 4 – (c) Impose duties on another governmental entity unless the betweenperformance of the countyduties andis anotherpart governmentalof entity.uteda legally executed agreement (d)between Imposethe acounty tax.and another governmental entity.

(d) Impose a tax.

3.2.5.

NRSChapter 268.003268 of NRS is hereby amended by adding thereto a new section to read as follows:

268.003If 1.the governing body of an incorporated city accepts a payment of money in lieu of the performance of an obligation related to the development or redevelopment of affordable housing imposed upon a person by ordinance of the governing body of the incorporated city, the governing body of the incorporated city must and use that money only for the development or redevelopment of affordable housing in the city.

268.003 1.NRS “Matter of local concern” means any matter that:

(a) Primarily affects or impacts areas located in the incorporated city, or persons who reside, work, visit or are otherwise present in - *SB398* – 4 – areas located in the city, and does not have a significant effect or impact on areas located in other cities or counties;

- *SB398_R1* – 5 – (b) Planning, zoning, development and redevelopment in the city.

[(g)] (h) Any public property, buildings, lands, utilities and byother citypublic government,works including,owned, withoutleased, limitation:doperated, managed or controlled (1)by Roads,city highwaysgovernment, andincluding, bridges.without limitation:

(1) Roads, highways and bridges.

268.0035the 1.Constitution, statutes or regulations of the United States or this State and except as otherwise provided in this section, the governing bod(a) All powers expressly granted to the governing body;

Except as prohibited, limited or preempted by the Constitution, statutes or regulations of the United States or this State and except as otherwise provided in this section, the governing body of an incorporated city has:

(a) All powers expressly granted to the governing body;

and - *SB398* – 5 – (c) All other powers necessary or proper to address matters of local concern for the effective operation of city government, whether or not the powers are expressly granted to the governing body.

If there is a constitutional or statutory provision or provision of a city charter requiring the governing body of an incorporated city to exercise a power set forth in subsection 1 in a specific manner, the governing body may exercise the power only in that specific manner, but if there is no constitutional or statutory provision or provision of city charter requiring the governing body to exercise the power in a specific manner, the governing body may - *SB398_R1* – 6 – adopt an ordinance prescribing a specific manner for exercising the power.

(c) Impose duties on another governmental entity unless the betweenperformance of the cityduties andis anotherpart governmentalof entity.ecuteda legally executed agreement (d)between Imposethe acity tax.and another governmental entity.

(d) Impose a tax.

H - *SB398**SB398_R1*