AB 189 — Revises provisions governing construction start times in certain counties and cities. (BDR 20-232)

(ReprintedAssembly withBill amendmentsNo. adopted on April 6, 2023) FIRST REPRINT A.B.

189189–Assemblywoman AJauregui SSEMBLYCHAPTER.......... BILL N O.

189–ASSEMBLYWOMAN JAUREGUI FEBRUARY 20, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing construction start times in certain counties and cities.

(BDR 20-232) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

setting forth certain limitations on the board of county commissioners or the governing body of a city in certain counties in adopting an ordinance restricting the hours in which construction work may begin during certain times of the year in a declarant-declarant-controlled controlledcommon- common-interestinterest community;

LegislativeLegiExisting Counsel’slaw Digest:provides that if the governing body of a county or city in which a common-interest community is located adopts an ordinance restricting the hours in which construction work may begin, a common-interest community is prohibited from restricting the hours that construction work may begin in the common-interest community during the period beginning on May 1 and ending on September 30 to hours other than those set forth in the ordinance.

Existing(NRS law116.347) providesSections 1 and 4 of this bill, respectively, provide that if the governingboard body of a county orcommissioners city in which a common-interestcounty communitywhose population is located700,000 or more (currently only adopts an ordinance restricting the hours in which construction work may begin,begin in a common-interest communitycommunity, isthe prohibitedhours communityfor duringconstruction thework periodin beginninga ondeclarant- Maycontrolled 1common-interest andcommunity endingmust onbe Septemberallowed 30to toterestbegin hoursat, otherbut thannot thoseearlier setthan, forth5 ina.m. the ordinance.

(NRS 116.347) Sections 1 and 4 of this bill, respectively, provide that if the board of county commissioners in a county whose population is 700,000 or more (currently only Clark County) or the governing body of a city which is located in such a county adopts an ordinance restricting the hours in which construction work may begin in a controlled common-interest community must be allowed to begin at, but not earlier than, 5 a.m.

Section 6 of this bill provides that if, on the effective date of this bill, the board of county commissioners in a county whose population is 700,000 or more (currently only Clark County) or the governing body of a city located in such a county has adopted an ordinance restricting hours in which construction work may - *AB189_R1* – 2 – begin in a common-interest community and the ordinance does not allow construction work in a declarant-controlled common-interest community to begin at, but not earlier than, 5 a.m.

during the period beginning on April 1 and ending on theSeptember ordinance30, tothe complyboard with section 1 or 4, as applicable.g body must amend Section 3 of this bill provides that if, in a county whosecommissioners population is 700,000 or more (currently only Clark County), the governing body of the county or a city adopts an ordinance restricting the hours in which construction work may begin, a declarant-controlled common-interest community must notamend restrict the hoursordinance thatto communitycomply duringwith thesection period beginning on April 1 andor ending4, onas Septemberapplicable. 30 to hours other than those set forth in the ordinance.

Section 3 of this bill provides that if, in a county whose population is 700,000 or more (currently only Clark County), the governing body of the county or a city adopts an ordinance restricting the hours in which construction work may begin, a construction work may begin in the declarant-controlled common-interesturs that community during the period beginning on April 1 and ending on September 30 to hours other than those set forth in the ordinance.

- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(a) “Common-interest community” has the meaning ascribed to it(b) “Declarant-controlled common-interest community” means a common-interest community in NRSwhich 116.021.the original developer controls a majority of the units.

(b) “Declarant-controlled common-interest community” means a common-interest community in which the original developer controls a majority of the units.

If, in a county whose population is 700,000 or more, the governing body of a county or city in which a declarant- controlled common-interest community is located adopts an ordinance restricting the hours in which construction work may - *AB189_R1* – 3 – begin, the executive board shall not and the governing documents must not restrict the hours that construction work may begin in the declarant-controlled common-interest community during the period beginning on April 1 and ending on September 30 to hours other than those set forth in the ordinance.

2.executive board or the governing documents from restricting the hours that construction work may begin:

The- provisions82nd ofSession subsection(2023) 1– do3 not– preclude(a) theIf executivea boardgoverning body of a county or thecity governinghas documentsnot fromadopted an ordinance restricting the hours thatin which construction work may begin:begin;

(a) If a governing body of a county or city(b) hasDuring notthe adoptedperiod anbeginning ordinanceon restrictingOctober the1 hoursand inending whichon constructionMar3. work may begin;

3If , in a county whose population is less than 700,000, the governing body of a county or (b)city Duringin which a declarant-controlled common-interest community is located adopts an ordinance restricting the hours in which construction work may begin, the executive board shall not and the governing documents must not restrict the hours that construction work may begin in the declarant- controlled common-interest community during the period beginning on OctoberMay 1 and ending on MarchSeptember 31.30 to hours other than those set forth in the ordinance.

3.

If , in a county whose population is less than 700,000, the governing body of a county or city in which a declarant-controlled common-interest community is located adopts an ordinance restricting the hours in which construction work may begin, the executive board shall not and the governing documents must not restrict the hours that construction work may begin in the declarant- controlled common-interest community during the period beginning on May 1 and ending on September 30 to hours other than those set forth in the ordinance.

If the governing body of a city located in a county whose population is 700,000 or more adopts an ordinance restricting the hours that construction work may begin in a common-interest community, the hours for construction work in a declarant- controlled common-interest community must be allowed to begin at, but not earlier than, 5 a.m.

- *AB189_R1* – 4 – Sec.

268.412 Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 9 of NRS 202.450 [,] and subject to the provisions of section 4 of this act, the city council or other governing body of a city may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise - 82nd Session (2023) – 4 – which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the city.

If, on the effective date of this act, the board of countymore commissionersor inthe governing body of a countycity whoselocated populationin issuch 700,000a orcounty has adopted an ordinance restricting hours in which construction work may begin in a common-interest community and the ordinance does not allow construction work in a declarant-controlled common- interest community to begin at, but not earlier than, 5 a.m.

H~~~~~ 23 - *AB189_R1*82nd Session (2023)