AB 90 — Directs the Legislative Commission to appoint a committee to conduct an interim study concerning the impacts of projects of intercounty significance. (BDR S-883)

(1) Employment by at least 938 employees;

(2) Housing by at least 625 units;

(3) Hotel accommodations by at least 625 rooms;

(4) Sewage by at least 187,500 gallons a day;

(5) Water usage, except for the use of treated effluent for irrigation, by at least 625 acre-feet per year;

- *AB90* – 3 – (6) Traffic by an average of at least 6,250 trips daily;

or (7) The student population for kindergarten through grade 12 by at least 325 students;

or (b) Required or will require a change in zoning, a special use permit, an amendment to a master plan, a tentative map or other approval for the use of land and which resulted in or will result in:

(1) The creation of a geothermal field and a facility for the production of geothermal energy;

(2) The creation of a mining operation;

(3) The alteration of a stream channel or watercourse of any portion of a river of this State or any tributary of a river of this State;

(4) The alteration of a wetland in a manner requiring a permit pursuant to the provisions of section 404 of the Clean Water Act, 33 U.S.C.

§ 1344;

(5) A new or significantly expanded landfill or other similar facility;

(6) A new or significantly expanded facility for the management of hazardous waste;

or (7) The loss or significant degradation of a paleontological site, if the paleontological site has been identified in a master plan.

2.

“Project of intercounty significance,” with respect to a project of a public utility, means:

(a) An electric substation;

(b) A transmission line that carries 60 kilovolts or more;

(c) A facility that generates electricity greater than 5 megawatts;

(d) Natural gas storage and peak shaving facilities;

or (e) Gas regulator stations and mains that operate over 100 pounds per square inch.

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1.(Deleted by amendment.) Sec.

“Public utility” means a public utility as defined in NRS 704.020.

2.

The term does not include the persons excluded by NRS 704.021.

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“Region”(Deleted means:by amendment.) - *AB90_R1* – 2 – Sec.

1.

The county where a project of intercounty significance is located or proposed to be located;

and 2.

Every affected local government.

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The(Deleted Legislatureby herebyamendment.) findsSec. and declares that:

1.

The provisions of this chapter are intended to ensure that the county in which a project of intercounty significance is located or proposed to be located coordinates with affected local governments in order to mitigate the impact that the project of intercounty significance may have on education, conservation, - *AB90* – 4 – land use, transportation, public safety, public facilities and public services in the region.

2.

The provisions of this chapter are intended to ensure the long-term safety, health and welfare of residents of the county in which a project of intercounty significance is located and affected local governments.

3.

The provisions of this chapter are not intended to limit development or the expansion of development.

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1.(Deleted by amendment.) Sec.

Before a county takes any final action to approve the development, construction or expansion of a project, the county must determine if the project is a project of intercounty significance.

If the county determines that a project is not a project of intercounty significance, any local government may dispute that determination if the local government:

(a) Reasonably believes that the project is a project of intercounty significance;

and (b) Would be an affected local government if the project is a project of intercounty significance.

2.

If a local government disputes the finding of the county that a project is not a project of intercounty significance:

(a) The local government must submit documentation to the county explaining why the project is a project of intercounty significance;

and (b) The county must consider the documentation submitted pursuant to paragraph (a) and determine if the documentation supports a finding that the project is a project of intercounty significance.

3.

If the county determines pursuant to paragraph (b) of subsection 2 that the documentation submitted by the local government supports a finding that the project is a project of intercounty significance, the county must comply with the provisions of sections 10 and 11 of this act before the county takes any final action to approve the development, construction or expansion of the project.

4.

If the county determines pursuant to paragraph (b) of subsection 2 that the documentation submitted by the local government does not support a finding that the project is a project of intercounty significance, the local government may file an action in a court of competent jurisdiction requesting the court to determine if the project is a project of intercounty significance.

If the court finds that the project is a project of intercounty significance, the county must comply with the provisions of sections 10 and 11 of this act before the county takes any final action to approve the development, construction or expansion of the project.

- *AB90* – 5 – Sec.

1.(Deleted by amendment.) Sec.

Before a county takes any final action to approve the development, construction or expansion of a project of intercounty significance, the county must:

(a) Notify and request an impact statement from every affected local government;

and (b) Allow every affected local government a reasonable amount of time to submit to the county an impact statement.

2.

An impact statement submitted pursuant to subsection 1 must include, without limitation, supporting documentation and set forth the costs that the affected local government reasonably expects to incur for the development, creation, construction, expansion or improvement of the following as a direct result of the project of intercounty significance:

(a) Housing units.

(b) Transportation infrastructure and facilities.

(c) Educational facilities for kindergarten through grade 12.

(d) Facilities for water and sewer services.

(e) Facilities for flood control.

(f) Facilities and services related to public safety, health and criminal justice.

(g) Social services.

3.

An affected local government may submit an impact statement to a county pursuant to this section even if the county does not request an impact statement from the affected local government.

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1.(Deleted by amendment.) Sec.

If the county finds that the project of intercounty significance will impact the affected local government to the extent set forth in the impact statement, the county must compensate the affected local government for such impacts using one or more of the following methods:

(a) The county may pay the affected local government from any unrestricted funds available to the county.

(b) The county and the affected local government may enter into an agreement for the county to provide to the affected local government a portion of any revenue that the county will receive from the project of intercounty significance.

(c) The county and the affected local government may enter into an interlocal agreement for the county to mitigate the impact of the project of intercounty significance on the affected local government.

(d) The county may assess an impact fee on the project of intercounty significance for the purpose of using the impact fees collected to compensate the affected local government.

2.

If the county does not find that the project of intercounty significance will impact the affected local government to the - *AB90* – 6 – extent set forth in the impact statement, the county must notify the affected local government that the county wishes to enter immediately into negotiations to determine the amount, if any, that the county must pay to the affected local government for the impacts caused by the project of intercounty significance.

If the county and the affected local government do not reach an agreement after 60 days of negotiations:

(a) The county and the affected local government may by mutual agreement continue negotiations for any number of 60-day periods;

(b) The county and the affected local government may mutually agree to engage in a method of alternative dispute resolution, which may be binding if agreed to by both parties;

or (c) The county or the affected local government may file an action in a court of competent jurisdiction requesting the court to determine the amount, if any, that the county must pay to the affected local government for the impacts caused by the project of intercounty significance.

Such an action takes precedence over other civil proceedings.

3.

If the amount that the county must pay to the affected local government for the impacts that will be caused by the project of intercounty significance is determined pursuant to subsection 2, the county shall provide such compensation using one or more of the methods set forth in subsection 1.

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(Deleted by amendment.) Sec.

13.

(Deleted by amendment.) Sec.

14.

(Deleted by amendment.) Sec.

14.5.

AnThe affectedLegislative localCommission governmentshall mayappoint request compensation from the county where a projectcommittee ofto intercountyconduct significance is located by submitting an impactinterim statementstudy requestingconcerning payment for the impactsstate, causedregional byand notlocal moreimpacts thanof oneprojects project of intercounty significance thatinitiated is developed, constructed or in operationresponse into thestate-approved countyeconomic ondevelopment Julyincentives. 1, 2021.

The impactcommittee statement must include,be withoutcomposed limitation, supporting documentation and set forth the costs that the affected local government incurred for the development, creation, construction, expansion or improvement of thesix followingLegislators as afollows: direct result of the project of intercounty significance:

(a) HousingOne units.member appointed by the Chair of the Senate Committee on Revenue and Economic Development during the preceding regular session;

(b) TransportationOne infrastructuremember andappointed facilities.by the Majority Leader of the Senate;

(c) EducationalOne facilitiesmember forappointed kindergartenby throughthe gradeSpeaker 12.of the Assembly;

(d) FacilitiesOne formember waterappointed andby sewerthe services.Chair of the Assembly Committee on Revenue during the preceding regular session;

(e) FacilitiesOne formember floodappointed control.by the Minority Leader of the Senate;

and (f) FacilitiesOne andmember servicesappointed relatedby tothe publicMinority safety,Leader healthof andthe criminalAssembly. justice.

(g) Social services.

IfThe theLegislative countyCommission findsshall thatappoint thea projectChair ofand intercountya significanceVice impactedChair thefrom affectedamong local government to the extentmembers - *AB90* – 7 – set forth in the impact statement, the county shall compensate the affected local government for such impacts using one or more of the followinginterim methods:committee.

(a) The county may pay the affected local government from any unrestricted funds available to the county.

(b) The county and the affected local government may enter into an agreement for the county to provide a portion of any revenue that the county receives as a result of the project of intercounty significance.

(c) The county and the affected local government may enter into an interlocal agreement for the county to mitigate the impact of the project of intercounty significance on the affected local government.

IfIn theconducting county does not find that the projectstudy, of intercounty significance impacted the affectedcommittee localshall governmentexamine, towithout thelimitation: extent set forth in the impact statement, the county must notify the affected local government that the county wishes to enter immediately into negotiations to determine the amount, if any, that the county must pay to the affected local government for the impacts caused by the project of intercounty significance.

If(a) theExisting countyprojects andof theintercounty affectedsignificance localthat governmentwere dodeveloped notin reachresponse anto agreementstate-approved aftereconomic 60development daysincentives; of negotiations:

(a)(b) The countyimpact andof theexisting affectedprojects localof governmentintercounty maysignificance byon mutualthe agreementState, continueas negotiationsa forwhole, anyand numberlocal ofgovernments, successiveincluding, 60-daywithout periods;limitation:

(b)(1) The countyimpact andon thepopulation affectedgrowth localand governmenthousing mayin mutuallythe agreecounties toand engagecities in awhich methodprojects of alternativeintercounty disputesignificance resolution,are whichlocated mayand bein bindingthe ifimmediately agreedadjacent tocounties byand bothcities; parties;

or(2) (c) The countycost orto the affectedState localfor governmentemployees mayand filedependents an action in a court of competentemployees jurisdictionwho requestingreceived theMedicaid courtbenefits towhile determineemployed theby amount,any ifemployer any, that thereceived countystate-approved musteconomic paydevelopment toincentives; the affected local government for the impacts caused by the project of intercounty significance.

Such(c) anThe actionimpact takesto precedencestate overand local sources of revenue caused by tax abatements and other civilstate-approved proceedings.economic incentives awarded to projects of intercounty significance by the Office of - *AB90_R1* – 3 – Economic Development, including, without limitation, an analysis of the amounts of state and local sources of revenue that will be generated after any tax abatements end;

and (d) Any data or information relevant to analyzing the impacts of projec(1) State and local tax reports and assessments;ut limitation:

(2) Demographic information;

and (3) County and regional master plans.

IfThe thecommittee amountshall thatsubmit thea countyreport mustof payits thefindings, affectedincluding, localwithout governmentlimitation, forany therecommendations impactsfor causedlegislation by the project of intercounty significance is determined pursuant to subsection 4, the countyDirector must provide such compensation using one or more of the methodsLegislative setCounsel forthBureau infor subsectiontransmittal 3.to:

6.(a) The 82nd Session of the Legislature;

Nothing(b) inThe thisChair sectionof requiresthe orSenate authorizesCommittee aon countyRevenue toand violateEconomic anyDevelopment writtenduring agreementthe that82nd itSession has entered into before July 1, 2021, relating to a project of intercountythe significance.Legislature;

and (c) The Chair of the Assembly Committee on Revenue during the 82nd Session of the Legislature.

13.

1.

Except as otherwise provided in subsection 2, if on July 1, 2021, a county has not taken any final action to approve the development, construction or expansion of a proposed project of - *AB90* – 8 – intercounty significance, the county must comply with the provisions of sections 10 and 11 of this act before taking such final action.

2.

Nothing in this section requires or authorizes a county to violate any written agreement that it has entered into before July 1, 2021, relating to a project of intercounty significance.

3.

As used in this section, “project of intercounty significance” has the meaning ascribed to it in section 5 of this act.

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14.

The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

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