Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB335 461 Amendment No.
335–Assemblywoman461 Summers-ArmstrongAssembly CHAPTER..........Amendment to Assembly Bill No.
335 (BDR 22-852) Proposed by:
Assembly Committee on Government Affairs Amendment Box:
Replaces Amendment No.
335.
Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
SLD/ERS - Date:
4/17/2021 A.B.
No.
335—Revises provisions governing the redevelopment of communities.
(BDR 22-852) Page 1 of 7 *A_AB335_461* Assembly Amendment No.
461 to Assembly Bill No.
335 Page 3 A SSEMBLY BILLN O.
335–A SSEMBLYWOMAN S UMMERS -A RMSTRONG M ARCH 18,2021 _______________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing the redevelopment of communities.
(BDR 22-852) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising provisions relating to the termination of certain redevelopment plans;
authorizing a community to exercise certain powers related to redevelopment;
revising certain requirements for membership of the Southern Nevada Enterprise Community Advisory Board;
LegiExistingLegislative lawCounsel’s requiresDigest: each proposal for a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more (currently the City of Las Vegas), to include an employment plan which must include:
Existing law requires each proposal for a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more (currently the City of Las Vegas), to include an employment plan which must include:
(3) a descriptionemploy ofcertain thepersons manner[;] in, whichincluding an employer persons who have a physical disability;
(4) aalans to description of the manner in which the developer will, in hiring for construction jobs for the project, use its best efforts to hire certain persons;
(NRS 279.482) Sections 2 and 5 of this bill reorganize existing requirements for an employment plan that apply to a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more (currently the City of Las Vegas).
Section 2 requires the employment plan to include:include :
Section 2 also requires that a redevelopment agency submit the employment plan to the Nevada Commission on Minorityprovides Affairs and the Southern Nevada Enterprise Community BoarSections 3 and 4 of this bill require, respectively, developers and businesses that receive incentives from an agencyemployment forplan ais redevelopment project undertaken in a redevelopmentpublic arearecord.Community ofBoard. a city whose population is 500,000 or more (currently the City of Las Vegas) to submit progress reports on the employment plan to the agency.
SectionsSection 32 andfurther 4Sections also require the progress reports to be submitted by the agency to the Nevada Commission on Minority Affairs and the Southern progress reports are public records.ections 3 and 4 alsoof providethis thatbill therequire, -respectively, 81stdevelopers Sessionand (2021)businesses – 2 – Section 6 of this bill provides that sectionsreceive 2-4incentives applyfrom onlyan toagency for a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more (currently the City of Las Vegas).Vegas) to submit progress reports on the employment plan to the agency.
ExistingSections law3 requires, with certain exceptions, a redevelopment plan adopted on or after January 1, 1991, and any4 amendmentsalso torequire the planAssembly toAmendment terminateNo. not later than 30 years after the date on which the original redevelopment plan is adopted.
(NRS461 279.439)to SectionAssembly 4.3Bill ofNo. this bill requires that such a redevelopment plan, and (currently Clark County) terminates not later than after 45 years after the date on which the original redevelopment plan is adopted.
Existing335 lawPage authorizes4 a city to enact its own procedural ordinance and exercisethe certainSouthern powersNevada relatedEnterprise toCommunity redevelopment.Board.
(NRSSections 279.444)3 Sectionand 4.74 ofalso thisprovide billthatfairs allowsthe aprogress community,reports whichare ispublic definedrecords. as a county or a city, to enact its own procedural ordinance and exercise such powers.
(NRSSection 279.392)6 Existingof lawthis requiresbill aprovides publicthat agencysections that2-4 usesapply only to a redevelopment fundsproject forundertaken thein designa orredevelopment constructionarea of a redevelopmentcity projectwhose beingpopulation builtis as500,000 aor publicmore work(currently inthe a City of Las Vegas)Vegas). to submit an employment plan.
(NRSExisting 279.6094)law Sectionrequires 7a ofthepublic agency that uses redevelopment funds for the design or construction of a redevelopment project being built as a public work in a redevelopment area of a city whose population is 500,000 or more (currently the City of Las Vegas) to submit an must meet the requirements of section 2.7 of this bill provides that the employment plan mustSection meet8 of this bill requires the requirementsNevada ofCommission sectionon 2.Minority Affairs to analyze the information provided in the employment plans and progress reports that it receives pursuant to sections 2-4.
Section 8 of this bill requires the Nevada Commission on Minority Affairs to analyze the information provided in the employment plans and progress reports that it receives pursuant to sections 2-4.
The Southern Nevada Enterprise Community Infrastructure Improvement Act duties relating to the Southern Nevada Enterprise Community.
Two of the nineain members of the Board must be residents of the Community.
(Sections 8 and 9 of chapter 407, Statutes of Nevada 2007, as amended by chapter 481, Statutes of Nevada 2009, at pages 2771-72) Section 9.5 of this bill provides instead that these two members of the Board must be persons who are residents of the Community or residents of an area that is located within 10 miles of the Community.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
-(c) 81stA Sessiondescription (2021)of –the 3manner –in which an employer relocating a business into the area plans to employ persons living within the area of operation who:
(2) Have [a physical] any disability;
and (d) A description of the manner in which:
(2) The developer will, in hiring for construction jobs for the project, use its best efforts to hire veterans and persons of [both] all sexes and diverse ethnicities living within the redevelopment area, an area in the city for which the legislative body has adopted a specific plan for neighborhood revitalization or which is eligible for a community development block grant pursuant to 24 C.F.R.gibleC.F.R. Part 570, or the Southern Nevada Enterprise Community;
andPart (3)570, Eachor employer relocating a business into the areaSouthern willNevada useEnterprise itsCommunity; best efforts to hire veterans and persons of all sexes and diverse ethnicities living within any of the areas described in subparagraph (2).
and (3) Each employer relocating a business into the area will use its best efforts to hire veterans and persons of [both] all sexes and diverse ethnicities living within any of the areas described in subparagraph (2).
3.Assembly Amendment No.
461 to Assembly Bill No.
335 Page 5 3.
(a) The Nevada Commission on Minority Affairs created by NRS 232.852;
andaand Commission on Minority Affairs created by (b) If the redevelopment project is located within the Southern Nevada Enterprise Community, the Southern Nevada Enterprise Community Board.
A developer that receives an incentive from an agency for a redevelopment project shall submit to the agency a -progress 81streport Sessionon (2021)the –employment 4plan –submitted pursuant to section 2 of this act:
employment plan submitted pursuant to (a) Not more than 120 days after the date on which the redevelopment project is 50 percent completed;
(2) Have [a physical] any disability;
and (b) The number of persons who have worked on the redevelopment project who are residents of an area described in thissubparagraph act;aph (2) of paragraph (d) of subsection 1 of section 2 of (c) The number of local small business contractors and subcontractors who are licensed in this Stateact; and whose place of business is located within 100 miles of the redevelopment project who have worked on the redevelopment project;
(c) The number of local small business contractors and subcontractors who are licensed in this State and whose place of business is located within 100 miles of the redevelopment project who have worked on the redevelopment project;
and (b) If the redevelopment project is located within the Southern Nevada Enterprise Community, the Southern Nevada Enterprise presentCommunity theBoard. progress report to the Board.d, a developer shall 4.
Upon request of the Board, a developer shall present the progress report to the Board.
4.
- 81st Session (2021) – 5 – 2.
(3)(2) AreHave members[a ofphysical] racialany minorities;disability;
Assembly Amendment No.
461 to Assembly Bill No.
335 Page 6 (3) Are members of racial minorities;
4.3.
NRS 279.439 is hereby amended to read as follows:
279.439 1.
Except as otherwise provided in subsections 2, 3 and any amendments to the plan must terminate not later than 30, years after the date on which the original redevelopment plan is adopted.
2.
If a redevelopment area includes any real property conveyed by the Federal Government which contains an abandoned mine or milling operation with open pits, large volumes of mine overburden and tailings piles and mill facility foundations, or a hazardous level of contaminants, a redevelopment plan adopted on or after January 1, 1991, and any amendments to the plan must terminate not later than 45 years after the date of the conveyance of the real property if:
(a) Within 15 years after the date on which the original redevelopment plan is adopted, the State enters into one or more agreements, with respect to the real property conveyed by the Federal Government, for mine remediation and reclamation;
and - 81st Session (2021) – 6 – (b) Before entering into any agreement for mine remediation and reclamation, the State consults with the legislative body of the community in which the real property is located.
3.
Except for a redevelopment area described in subsection 2, a after January 1, 1991, by an agency of a county whose population is 700,000 or more or 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 meets the requirement of subsection 4 must terminate not later than 45 years after the date on which the original redevelopment plan is adopted.
4.
A redevelopment plan, and any amendments to the plan, may terminate on the date prescribed by subsection 3 only if the legislative body adopts an extension of the redevelopment plan by ordinance.
Sec.
4.7.
NRS 279.444 is hereby amended to read as follows:
279.444 1.
As an alternative to the appointment of five members of the agency pursuant to NRS 279.440 and as an alternative to the procedures set forth in NRS 279.443, the legislative body may, at the time of the adoption of a resolution pursuant to NRS 279.428, or at any time thereafter, declare itself to be the agency, in which case, all the rights, powers, duties, privileges and immunities vested by this chapter in an agency are vested in the legislative body of the community.
If the legislative body of a city declares itself to be the agency pursuant to this subsection, it may include the mayor of the city as part of the agency regardless of whether the mayor is a member of the leg2.latA [city] community may enact its own procedural ordinance and exercise the powers granted by this chapter.
3.
An agency may delegate to a community any of the powers or functions of the agency with respect to the planning or undertaking of a redevelopment project in the area in which that community is authorized to act, and that community may carry out or perform those powers or functions for the agency.
Sec.
-(c) 81stComply Sessionwith (2021)other –conditions 7which –the agency deems necessary to carry out the purposes of this chapter, including, without limitation, the provisions of an employment plan or a contract approved for a redevelopment project.
(3) Are members of racial minorities;
oracialor minorities;(5) Are women .
(5) Are women .
and (2) Each employer relocating a business into the area will use its best efforts to hire veterans and other persons of both sexes and diverse ethnicities living within any of the areas described in sub3.ragAsubparagraph description(1). provided pursuant to paragraph (d) of subsection 2 must include an agreement by the developer or employer to offer and conduct training for the residents described in that paragraph or make a good faith effort to provide such training through a program of training that is offered by a governmental agency and reasonably available to the developer or employer.] Sec.
3.
A description provided pursuant to paragraph (d) of subsection 2 must include an agreement by the developer or employer to offer and conduct training Assembly Amendment No.
461 to Assembly Bill No.
335 Page 7 for the residents described in that paragraph or make a good faith effort to provide such training through a program of training that is offered by a governmental agency and reasonably available to the developer or employer.] Sec.
279.6092 The provisions of NRS 279.6092 to 279.6099, inclusive, and sections 2, 3 and 4 of this act, apply only to a - 81st Session (2021) – 8 – redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more.
279.6094 A public agency that uses redevelopment funds for the design or construction of a redevelopment project being built as a public work pursuant to chapter 338 of NRS shall submit anbuiltan as employment plan pursuant to [NRS 279.482.] section 2 of this act.
and (b) The procedures pursuant to which aggrieved persons may file complaints or otherwise take action to remedy such dis5.discriminatory practices;
5.
(Deleted[The byprovisions amendment.)of -NRS 81st354.599 Sessiondo (2021)not –apply 9to –any Sec.additional expenses of a local government that are related to the provisions of this act.] (Deleted by amendment.)
9.5.
Section 8 of the Southern Nevada Enterprise Community Infrastructure Improvement Act, being chapter 407, Statutes of Nevada 2007, as amended by chapter 481, Statutes of Nevada 2009, at page 2771, is hereby amended to read as follows:
Sec.
8.
1.
The Southern Nevada Enterprise Community Board is hereby created.
2.
The Board consists of nine members, appointed in consultation with residents of the Community, as follows:
(a) One member of the Nevada Congressional Delegation selected from among its membership or his or her designee;
(b) One member of the Assembly and one member of the Legislative Commission;e Community selected by the (c) One member of the Clark County Board of County Commissioners selected from among its membership;
(d) One member of the Las Vegas City Council from among its membership;
(e) One member of the North Las Vegas City Council from among its membership;
(f) Two persons who are residents of the Community [, recommended and selected by the Stop the F Street Closure, LLC;] or residents of an area that is located within 10 miles of the Community;
and (g) A representative of the private sector appointed by the Chamber of Commerce established in the Community.
3.
Each member of the Board serves for a term of 3 years.
A vacancy on the Board must be filled in the same manner as the original appointment.
A member may be reappointed to the Board.
4.
The members of the Board shall elect a Chair and Vice Chair by majority vote.
After the initial election, the Chair and Vice Chair shall hold office for a term of 1 year beginning on August 1 of each year.
If a vacancy occurs in the office of Chair or Vice Chair, the members of the Board shall elect a Chair or Vice Chair, as appropriate, from among its members for the remainder of the unexpired term.
5.
The City of Las Vegas shall provide administrative support for the Board.
~~~~~ 21 - 81st Session (2021)