SB 99 — Authorizes, under certain circumstances, certain governing bodies of a city or county to impose linkage fees on certain developers. (BDR 22-373)

(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2025) FIRST REPRINT S.B.

9999–Committee SENATEon BILLGovernment NOAffairs .CHAPTER..........

99–COMMITTEE ON G OVERNMENT AFFAIRS (ON B EHALF OF THE LEGISLATIVE COMMITTEE FOR THE R EVIEW AND OVERSIGHT OF THE TAHOE REGIONAL PLANNING A GENCY AND THE M ARLETTE L AKE W ATER SYSTEM ) PREFILED ANUARY 16, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Authorizes, under certain circumstances, certain governing bodies of a city or county to impose linkage fees on certain developers.

(BDR 22-373) 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.

Existing law authorizes the governing body of a city or county to regulate and restrict the improvement of land, taking into account the availability of and need for affordable housing in the community.

(NRS 278.020) Existing law further requires theof governingaffordable bodieshousing ofwhen certainimplementing citiesa andmaster countiesplan; to:

(1)(2) ensureadopt ancertain adequatemeasurespply supplyto ofmaintain and develop affordable housing whento implementingcarry aout the housing plan required in the master plan;

(2)and adopt(3) report certain measuresinformation relating to maintain and develop affordable housing to carrycertain outentities. the housing plan required in the master plan;

and(NRS (3)278.230, report278.235, certain278.237) informationExisting relatinglaw toalso affordableauthorizes housing the governing body of a city or county to adopt zoning regulations that, in relevant part, ensure the development of an adequate supply of affordable housing in the community.

(NRS 278.250) Existing law creates the Tahoe Regional Planning Agency as part of the Tahoe Regional Planning Compact and sets forth certain provisions regarding thethee -Tahoe *SB99_R1* – 2 – governance of the Lake Tahoe region by the Agency, including provisions relating to the creation, review and amendment of a regional plan.

(NRS 277.200) Section 1 of this bill authorizes, under certain circumstances, the governing body of a city or county which is located within any region governed by a regional planning agency created by interstate compact (currently the Lake Tahoe region) to impose a linkage fee if the regional plan adopted by such a regional planning agency calls for the development of affordable housing in the region and identifies the use of linkage fees and deed restrictions as tools for the development of affordable housing on the:

(2) construction of any addition to existingany residential units whichif arethe 750value squareof feetthe orremodeling more;is estimated to be more thanof $100,000.

and (3) remodeling of any residential units if the value of the remodeling is estimated to be more than $100,000.

(1) requires such fees to be used for the purpose of paying certain fees to assist in the development of affordable housing units of a certain size which must be not more than 1,000 square feet per unit and subject to a deed restriction that requires the units to be sold or rented as affordable housing;

Section 3 of this bill applies certain provisions relating to judicial relief from or review of any final action,- decisions83rd orSession order(2025) – 2 – arises from the provisions of asection governing1.g body to an action or proceeding which arisesEXPLANATION from– theMatter provisionsin ofbolded sectionitalics 1.is new;

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

Except as otherwise provided in subsection 4, if, in any region of this State for which there has been created by interstate compact a regional planning agency, the regional plan adopted by the regional planning agency calls for the development ofofpted by affordable housing in the region and identifies the use of linkage fees and deed restrictions as tools for the development of such affordable housing, the governing body of a city or county located within the region that is governed by the regional planning agency may impose a linkage fee on the:

or (c) Remodeling of any existing residential units if the value of the remodeling is estimated to be more than $100,000, - *SB99_R1* – 3 –  to assist in the development of affordable housing that the governing body determines will be necessary as a result of the development, construction or remodeling, as applicable.

- 83rd Session (2025) – 3 – (1) Costs for utility hookups;

A governing body may not impose a linkage fee pursuant to subsection(a) 1Development onof the:residential units for affordable housing;

(a) Development of residential units for affordable housing;

- *SB99_R1* – 4 – 2.

A petitioner or cross-petitioner who is seeking judicial review must serve and file a memorandum of points and authorities withinwit3. 40 days after an action is commenced.

3.

- 83rd Session (2025) – 4 – 7.

In any region of this State for which there has been created by interstate compact a regional planning agency, the powers conferred by NRS 278.010 to 278.630, inclusive, andandncy, the section 1 of this act, are subordinate to the powers of such regional planning agency, and may be exercised only to the extent that their exercise does not conflict with any ordinance or plan adopted by such regional planning agency.

Upon the adoption by a regional planning agency created by interstate compact of any regional plan or interim plan, any plan adopted pursuant to NRS 278.010 to 278.630, inclusive, and section 1 of this act, shall cease to be effective as to the territory embraced in such regional or interim plan.

H~~~~~ 25 - *SB99_R1*83rd Session (2025)