2005 Nevada Revised Statutes - Chapter 277 — Cooperative Agreements: State, Counties, Cities, Districts and Other Public Agencies

Title 22 - COOPERATIVE AGREEMENTS BY PUBLIC AGENCIES;PLANNING AND ZONING; DEVELOPMENT AND REDEVELOPMENT

CHAPTER 277 - COOPERATIVE AGREEMENTS:STATE, COUNTIES, CITIES, DISTRICTS AND OTHER PUBLIC AGENCIES

IMPLIED AGREEMENTS

NRS 277.035 Impliedagreement between law enforcement agencies in absence of interlocal orcooperative agreement.

MISCELLANEOUS COOPERATIVE AGREEMENTS

NRS 277.045 Cooperativeagreements between political subdivisions for performance of governmentalfunctions; budget for expenses.

NRS 277.050 Sale,exchange or lease of real property by public agency: Conditions; procedure.

NRS 277.053 Conveyanceof real property by one political subdivision to another political subdivisionor Indian tribe without charge.

NRS 277.055 Cooperativeagreements concerning insurance between public agencies or nonprofit medicalfacilities.

NRS 277.057 Cooperativeagreements concerning sites of archeological or historical significance:Legislative declaration.

NRS 277.058 Cooperativeagreements concerning sites of archeological or historical significance:Consultation and cooperation with certain entities required; purposes.

NRS 277.060 Cooperativeagreements concerning water and sewerage between political subdivisions incertain counties.

NRS 277.065 Cooperativeagreements for improvement of quality of academic and career and technicaleducation at correctional institutions for juveniles and state facilities fordetention of children.

NRS 277.067 Cooperativeagreements concerning insurance: Political subdivisions, state agencies orNevada System of Higher Education may enter into agreement; approval of Boardof Public Employees Benefits Program required under certain circumstances;establishment of separate entity.

NRS 277.069 Cooperativeagreements concerning insurance: Powers and obligations of parties.

NRS 277.0695 Cooperativeagreements concerning insurance: Issuance of securities; applicability of otherlaws concerning securities.

COOPERATIVE AGREEMENTS BETWEEN LOCAL GOVERNMENTS FOR FINANCINGGOVERNMENTAL FACILITIES

NRS 277.0705 Definitions.

NRS 277.071 Borrowinglocal government defined.

NRS 277.0715 Facilitydefined.

NRS 277.072 Financedefined.

NRS 277.0725 Issuerdefined.

NRS 277.073 Localgovernment defined.

NRS 277.0735 Revenuesecurities defined.

NRS 277.074 Localgovernments may enter into cooperative agreements for borrowing money tofinance facility; contents of agreement.

NRS 277.0745 Issuanceof revenue securities; repayment.

NRS 277.075 Borrowinglocal government prohibited from borrowing from issuer or becoming obligatedfor facility; conditions.

NRS 277.0755 Applicationof Local Government Securities Law.

INTERLOCAL COOPERATION ACT

NRS 277.080 Shorttitle.

NRS 277.090 Purpose.

NRS 277.100 Definitions.

NRS 277.103 Consolidationof governmental services: Authorization; interlocal agreement; supplementaryand prevailing provisions. [Expires by limitation upon proclamation ofExecutive Director of Department of Taxation that no saving of total public expenditureresulted from consolidation of services.]

NRS 277.105 Consolidationof governmental services: Permanent administrative entity to perform specificfunctions; negotiations concerning contributions to budget of entity. [Expiresby limitation upon proclamation of Executive Director of Department of Taxationthat no saving of total public expenditure resulted from consolidation ofservices.]

NRS 277.110 Jointexercise of powers, privileges and authority by public agencies; agreements.

NRS 277.120 Contentsof agreement establishing separate legal or administrative entity; contents ofother agreements.

NRS 277.130 Effectof agreement on legal obligations and responsibilities of public agency;certain legal entities created by agreement prohibited from operating incertain manner.

NRS 277.140 Approvalof agreement by Attorney General; failure to disapprove agreement withincertain period to be deemed approval; recording and filing.

NRS 277.150 Approvalof agreement by officer or agency of State.

NRS 277.160 Agreementas interstate compact; liability of state; actions.

NRS 277.170 Appropriations;furnishing of property, personnel and services; issuance of securities.

NRS 277.180 Interlocalcontracts.

COORDINATION OF COLLECTION OF CERTAIN INFORMATION FROMBUSINESSES

NRS 277.185 Requirements;annual meeting to design and modify joint forms; report of annual meeting.

TAHOE REGIONAL PLANNING COMPACT

(NRS 277.190 to 277.220, inclusive, became effective uponproclamation by the Governor of the enactment of the Tahoe Regional Planning Compactby the State of California and its approval by the Congress of the UnitedStates. The compact was amended by the State of California and the amendmentswere adopted by a special session of the Nevada Legislature in 1980. Theamendments became effective upon their approval by the Congress of the UnitedStates that same year. See chapter 575, Statutes of Nevada 1979, at page 1135and chapter 1, Statutes of Nevada 1980, at page 1. The compact was furtheramended by the State of California and the amendments were adopted by theNevada Legislature in 1987. These amendments become effective upon theirapproval by the Congress of the United States. See chapter 22, Statutes ofNevada 1987, at page 28. The compact was further amended by the NevadaLegislature in 1997. These amendments become effective upon adoption of theamendments by the State of California. See chapter 311, Statutes of Nevada1997, at page 1125.)

 

NRS 277.190 Enactmentof Tahoe Regional Planning Compact.

NRS 277.200 Textof Compact. [Effective until approval by the Congress of the United States ofthe proposed amendments of 1987 or until proclamation by the Governor of thisState that the State of California has enacted amendments substantially similarto the amendments approved in 1997 by the Legislature of this State.]

NRS 277.200 Textof Compact. [Effective upon approval by the Congress of the United States ofthe proposed amendments of 1987 and expires by limitation upon proclamation bythe Governor of this State that the State of California has enacted amendmentssubstantially similar to the amendments approved in 1997 by the Legislature ofthis State.]

NRS 277.200 Textof Compact. [Effective upon proclamation by the Governor of this State that theState of California has enacted amendments substantially similar to theamendments approved in 1997 by the Legislature of this State and expires bylimitation upon approval by the Congress of the United States of the proposedamendments of 1987.]

NRS 277.200 Textof Compact. [Effective upon proclamation by the Governor of this State that theState of California has enacted amendments substantially similar to theamendments approved in 1997 by the Legislature of this State and upon approvalby the Congress of the United States of the proposed amendments of 1987.]

NRS 277.207 Priorityfor hearings in judicial actions and proceedings.

NRS 277.210 Conflictof interest of member of governing body; penalties.

NRS 277.215 Violationof certain provisions of Code of Ordinances of Tahoe Regional Planning Agency:Peace officer authorized to take various actions; reporting of name and addressof violator; exception.

NRS 277.220 Accountfor Tahoe Regional Planning Agency: Creation; source and use of money.

REGIONAL DEVELOPMENT DISTRICTS

General Provisions

NRS 277.300 Legislativefindings and declarations; purpose; general duties of district.

NRS 277.305 Definitions.

NRS 277.310 Boarddefined.

NRS 277.315 Developmentregion or region defined.

NRS 277.320 Governmentalunit defined.

NRS 277.325 Regionaldevelopment district or district defined.

NRS 277.330 Subregionaldefined.

 

Establishment and Governance

NRS 277.335 Authorityof counties and cities to establish district; petitioning of Governor;contiguity; duties of Governor; ability of other counties and cities to joindistrict.

NRS 277.340 Initialgoverning body; composition of board of directors; bylaws; operating budget;dues; membership.

NRS 277.345 Boardof directors: Qualifications and duties of chairman; election of officers;meetings; staff; executive director; authority to adopt personnel system;independent audits; contracting for services.

 

Powers and Duties

NRS 277.350 Powers;preparation and submission of comprehensive economic development strategies andother plans; right of counties and cities to conduct local or subregionalplanning unaffected.

NRS 277.355 Additionaldiscretionary powers of district.

NRS 277.360 Establishmentof nonprofit corporation; powers of nonprofit corporation; authority ofdistrict to receive and administer certain housing funds; rights of countiesand cities unaffected.

NRS 277.365 Reassignmentor addition of county to development region; requirement of contiguity;approval or denial of request; appeal to Governor.

NRS 277.370 Districtto prepare annual report; required contents; separate additional reportassessing districts performance.

NRS 277.375 Advisorycommittees.

 

Miscellaneous Provisions

NRS 277.380 Cooperationby state departments and agencies; Governor to develop working agreements.

NRS 277.385 Grantsand financial assistance: Designation of responsible state agency; distributionof money from State General Fund; gifts, grants and loans; depositories.

NRS 277.390 Populationof county or city.

_________

IMPLIED AGREEMENTS

NRS 277.035 Impliedagreement between law enforcement agencies in absence of interlocal orcooperative agreement.

1. In the absence of an interlocal or cooperativeagreement entered into pursuant to this chapter, if a law enforcement agencyrequests the assistance of another law enforcement agency which responds to therequest, the law enforcement agencies shall be deemed to have entered into animplied agreement whereby:

(a) Both law enforcement agencies shall be deemed, forthe limited purpose of the exclusive remedy set forth in NRS 616A.020, to employ jointly a personwho:

(1) Is an employee of either law enforcementagency; and

(2) Sustains an injury by accident whileparticipating in the matter for which assistance was requested.

(b) Each law enforcement agency shall defend, holdharmless and indemnify the other law enforcement agency and its employees fromany claim or liability arising from an act or omission performed by its ownemployee while participating in the matter for which assistance was requested,unless such act or omission is a negligent act or omission for which the lawenforcement agency who employs that employee is not liable pursuant to NRS 41.0336.

2. As used in this section:

(a) Employee includes a person who:

(1) Is paid by a law enforcement agency to serveas a peace officer, as that term is defined in NRS 169.125; or

(2) Is recognized by and serves a lawenforcement agency as a volunteer peace officer, as that term is described in NRS 616A.160.

(b) Law enforcement agency means an agency, office orbureau of this state or a political subdivision of this state, the primary dutyof which is to enforce the law.

(Added to NRS by 1997, 3336)

MISCELLANEOUS COOPERATIVE AGREEMENTS

NRS 277.045 Cooperativeagreements between political subdivisions for performance of governmentalfunctions; budget for expenses.

1. Except as limited by NRS 280.105 and 711.175, any two or more political subdivisionsof this state, including, without limitation, counties, incorporated cities andtowns, unincorporated towns, school districts and special districts, may enterinto a cooperative agreement for the performance of any governmental function.Such an agreement may include the furnishing or exchange of personnel,equipment, property or facilities of any kind, or the payment of money.

2. Every such agreement must be by formal resolutionor ordinance of the governing body of each political subdivision included, andmust be spread at large upon the minutes, or attached in full thereto as anexhibit, of each governing body.

3. Each participating political subdivision shallprovide in its annual budget for any expense to be incurred under any suchagreement, the money for which is not made available through grant, gift orother source.

(Added to NRS by 1965, 651; A 1967, 698; 1981, 645;1985, 665; 1987, 535; 2003,1230)

NRS 277.050 Sale,exchange or lease of real property by public agency: Conditions; procedure.

1. As used in this section, public agency includes,without limitation, the United States or a department or agency of the FederalGovernment, a county, a public corporation and a public district.

2. Without a vote of the electors of a public agencyfirst being had, the governing body of the agency may:

(a) Sell or exchange to another public agency, theState of Nevada or a department or agency of the State or an Indian tribe; or

(b) Lease to another public agency, the State of Nevadaor a department or agency of the State or an Indian tribe, for a term notexceeding 99 years,

any realproperty belonging to it.

3. A sale or exchange may be:

(a) Negotiated without advertising for public bids.

(b) Made for cash or property, or for part cash andproperty, or for part cash and terms of deferred payments secured by mortgageor deed of trust, but the purchasing public agency or entity or exchangingpublic agencies or entities shall, except as otherwise provided in NRS 277.053, pay or convey property worthan amount at least equal to the current appraised value of the real propertybeing conveyed or exchanged. Money derived from a sale must be used for capitaloutlay.

4. A lease may be:

(a) Negotiated without advertising for public bids.

(b) Made for such consideration as is authorized byaction of the governing body of the lessor public agency.

5. Before ordering the sale, exchange or lease of anysuch property, the governing body of a public agency shall, in a regular openmeeting, by a majority vote of its members, adopt a resolution declaring itsintention to sell or exchange it, or a resolution declaring its intention tolease it, as the case may be. The resolution must:

(a) Describe the property proposed to be sold,exchanged or leased in such a manner as to identify it.

(b) Specify the minimum price, consideration or rentand the terms upon which it will be sold, exchanged or leased.

(c) Fix a time not less than 2 weeks thereafter for apublic meeting of the governing body, at which objections to the sale, exchangeor lease may be made by the electors of the public agency.

6. Notice of the adoption of the resolution and of thetime and place of the public meeting must be published in a newspaper ofgeneral circulation published in the county in which the public agency or anypart thereof is situated. The notice must be published not less than twice, onsuccessive days, the last publication to be not less than 7 days before thedate of the public meeting.

7. Any resolution accepting a bid or any other form ofacceptance of a bid by another public agency must direct the chairman,president or other presiding officer of the governing body of the selling,exchanging or lessor public agency to execute a deed or lease and to deliver itto the purchasing, exchanging or lessee public agency or entity upon theperformance and compliance by it of all the terms and conditions of thecontract to be performed concurrently with the delivery.

[1:388:1955] + [2:388:1955] + [3:388:1955] +[4:388:1955] + [5:388:1955] + [6:388:1955] + [7:388:1955] + [8:388:1955](NRS A1957, 138; 1965, 631; 1969, 325, 865; 1975, 572; 1981, 376; 1991, 587; 1999, 1160)

NRS 277.053 Conveyanceof real property by one political subdivision to another political subdivisionor Indian tribe without charge. A governingbody of a political subdivision may convey real property to another politicalsubdivision or an Indian tribe without charge if the property is to be used fora public purpose.

(Added to NRS by 1981, 376; A 1999, 1161)

NRS 277.055 Cooperativeagreements concerning insurance between public agencies or nonprofit medicalfacilities.

1. As used in this section:

(a) Medical facility has the meaning ascribed to itin NRS 449.0151.

(b) Nonprofit medical facility means a nonprofitmedical facility in this or another state.

(c) Public agency has the meaning ascribed to it in NRS 277.100, and includes any municipalcorporation.

2. Any two or more public agencies or nonprofitmedical facilities may enter into a cooperative agreement for the purchase ofinsurance or the establishment of a self-insurance reserve or fund for coverageunder a plan of:

(a) Casualty insurance, as that term is defined in NRS 681A.020;

(b) Marine and transportation insurance, as that termis defined in NRS 681A.050;

(c) Property insurance, as that term is defined in NRS 681A.060;

(d) Surety insurance, as that term is defined in NRS 681A.070;

(e) Health insurance, as that term is defined in NRS 681A.030; or

(f) Insurance for any combination of these kinds.

3. Every such agreement must:

(a) Be ratified by formal resolution or ordinance ofthe governing body or board of trustees of each agency or nonprofit medicalfacility included;

(b) Be included in the minutes of each governing bodyor board of trustees, or attached in full to the minutes as an exhibit;

(c) Be submitted to the Commissioner of Insurance notless than 30 days before the date on which the agreement is to become effectivefor approval in the manner provided by NRS277.150; and

(d) If a public agency is a party to the agreement,comply with the provisions of NRS 277.080to 277.180, inclusive.

4. Each participating agency or nonprofit medicalfacility shall provide for any expense to be incurred under any such agreement.

(Added to NRS by 1987, 535; A 1993, 1938, 2444; 1995,699; 1999, 2819)

NRS 277.057 Cooperativeagreements concerning sites of archeological or historical significance:Legislative declaration. The Legislaturehereby finds and declares that:

1. There are various unique and irreplaceable sites inthis state of archeological or historical significance.

2. Certain of these sites are in danger of degradationand destruction from the encroachment of urban development.

3. This state has a compelling interest in preserving,protecting, restoring and enhancing these sites.

4. The preservation, protection, restoration andenhancement of these sites is a matter of such significance that it must becarried out on a continual basis.

5. It is in the best interest of this state to ensurethat certain public entities have continuing authority to enter intocooperative agreements for the preservation, protection, restoration andenhancement of such unique and irreplaceable sites in this state.

(Added to NRS by 1999, 1687)

NRS 277.058 Cooperativeagreements concerning sites of archeological or historical significance:Consultation and cooperation with certain entities required; purposes.

1. A public entity, in consultation with any Indiantribe that has local aboriginal ties to the geographical area in which a uniquearcheological or historical site is located and in cooperation with the Officeof Historic Preservation of the Department of Cultural Affairs, may enter intoa cooperative agreement with the owner of any property that contains a uniquearcheological or historical site in this state or with any other person, agencyof the Federal Government or other public entity for the preservation,protection, restoration and enhancement of unique archeological or historical sitesin this state, including, without limitation, cooperative agreements to:

(a) Monitor compliance with and enforce any federal orstate statutes or regulations for the protection of such sites.

(b) Ensure the sensitive treatment of such sites in amanner that provides for their long-term preservation and the consideration ofthe values of relevant cultures.

(c) Apply for and accept grants and donations for thepreservation, protection, restoration and enhancement of such sites.

(d) Create and enforce:

(1) Legal restrictions on the use of realproperty; and

(2) Easements for conservation, as defined in NRS 111.410,

for theprotection of such sites.

2. As used in this section, public entity means any:

(a) Agency of this state, including the Office ofHistoric Preservation of the Department of Cultural Affairs; and

(b) County, city or town in this state.

(Added to NRS by 1999, 1688; A 2001, 937)

NRS 277.060 Cooperativeagreements concerning water and sewerage between political subdivisions incertain counties.

1. In any county having a population of 100,000 ormore, any county, city, town, water district, sewer or sanitation district orother political subdivision of the State authorized by law to acquire, operateand maintain water or sewage facilities, or both, or to improve a governmentalservice in connection therewith, may contract with one or more of thesepolitical subdivisions if the contract is authorized by each party thereto withthe approval of its legislative body or other authority having the power to enterinto or approve the contract.

2. Any such contract must set forth fully thepurposes, powers, rights, obligations and responsibilities, financial andotherwise, of the contracting parties.

3. The contract may:

(a) Include, among other things, the renting ofmachinery and equipment, mobile or otherwise.

(b) Provide for the payment for water facilities, sewerfacilities, lands, rights in land and water rights sold, leased or otherwisealienated, the payment to be made within a period of time not exceeding 30years from the date of the contract from the rates, fees, tolls or chargesderived from the operation of the water or sewer facilities, or both, upon suchterms and conditions as may be specified in the contract, without theobligation being authorized by any qualified electors of any politicalsubdivision which is a party to the contract.

4. The equipment and employees of any such politicalsubdivision, while engaged in performing any governmental service, activity orundertaking under the contract, have and retain all the rights, privileges andimmunities of, and shall be deemed to be engaged in the service and employmentof, that political subdivision, notwithstanding that the governmental service,activity or undertaking is being performed in or for another politicalsubdivision.

5. The powers conferred by this section are inaddition and supplemental to, and not in substitution for, and the limitationsimposed by this section do not affect the powers conferred by, any other law.No part of this section repeals or affects any other law or any part thereof,it being intended that this section provide a separate method of accomplishingits objectives, and not an exclusive one.

6. This section, being necessary to secure andpreserve the public health, safety and convenience and welfare, must beliberally construed to effect its purpose.

(Added to NRS by 1957, 657; A 1969, 1539; 1979, 528;1983, 127)

NRS 277.065 Cooperativeagreements for improvement of quality of academic and career and technicaleducation at correctional institutions for juveniles and state facilities fordetention of children.

1. Within the limits of legislative appropriations,the Department of Education, the county school districts of the variouscounties of the State, the Nevada Youth Training Center Bureau and the CalienteYouth Center Bureau of the Division of Child and Family Services of theDepartment of Health and Human Services and any other state facility for thedetention of children that is operated pursuant to title 5 of NRS may enterinto cooperative arrangements for improving the quality of the academic, andcareer and technical education provided at the Nevada Youth Training Center,the Caliente Youth Center and any other state facility for the detention ofchildren that is operated pursuant to title 5 of NRS.

2. This authorization includes the right to pay overmoney appropriated to the Nevada Youth Training Center, the Caliente YouthCenter or any other state facility for the detention of children that isoperated pursuant to title 5 of NRS to the Department of Education or to acounty school district when necessary to accomplish the purpose of thissection.

(Added to NRS by 1965, 339; A 1973, 1406, 1614; 1983,127; 1985, 815; 1989, 1958; 1991, 2127; 2003, 1131; 2005, 1052)

NRS 277.067 Cooperativeagreements concerning insurance: Political subdivisions, state agencies orNevada System of Higher Education may enter into agreement; approval of Boardof Public Employees Benefits Program required under certain circumstances;establishment of separate entity.

1. Except as otherwise provided in subsection 2, anytwo or more political subdivisions of this State, agencies of the State or theNevada System of Higher Education may enter into a cooperative agreement forthe purchase of insurance or the establishment of a self-insurance reserve orfund for coverage under a plan of:

(a) Casualty insurance, as that term is defined in NRS 681A.020;

(b) Marine and transportation insurance, as that termis defined in NRS 681A.050;

(c) Property insurance, as that term is defined in NRS 681A.060;

(d) Surety insurance, as that term is defined in NRS 681A.070;

(e) Health insurance, as that term is defined in NRS 681A.030; or

(f) Insurance for any combination of these kinds ofprotection.

2. Any political subdivision of the State, any agencyof the State or the Nevada System of Higher Education which participates in thePublic Employees Benefits Program shall obtain the approval of the Board ofthe Public Employees Benefits Program before it enters into a cooperativeagreement for the purchase of health insurance pursuant to paragraph (e) ofsubsection 1.

3. Any such agreement may obligate the respective partiesto pledge revenues or contribute money to secure the obligations or pay theexpenses of the cooperative undertaking and may provide for the establishmentof a separate entity to administer the undertaking.

(Added to NRS by 1987, 1678; A 1993, 371; 1995, 2508;1999, 3040)

NRS 277.069 Cooperativeagreements concerning insurance: Powers and obligations of parties.

1. Except as otherwise provided in subsections 2 and3, any party to an agreement entered into pursuant to NRS 277.067, or any entity established bysuch an agreement, may:

(a) Obligate itself to contribute money for thepurchase of insurance, the establishment of a reserve or fund for coverage, thepayment of any debt, or for any other purpose related to the undertaking;

(b) Borrow money for any such purpose;

(c) Issue notes and bonds evidencing the borrowing; and

(d) Secure payment of the notes and bonds by a pledgeof revenues.

2. Except as otherwise provided in subsection 3, anyobligation to contribute money which is undertaken pursuant to a cooperativeagreement:

(a) Is binding notwithstanding that it is intended toremain in force beyond the current budget year or the terms of office of thepresent members of the governing body of the obligor.

(b) If undertaken to pay any debt, does not remain inforce more than 30 years after the date of the borrowing.

(c) If undertaken to pay claims and administrativeexpenses, does not remain in force more than 10 years, except with respect toclaims arising from occurrences during the period it is in force.

3. Except for a pledge of revenues or obligation tocontribute money which pledges revenues or commits money derived from a sourceother than taxation, any pledge or obligation which is made or undertakenpursuant to a cooperative agreement by an agency of the State or the NevadaSystem of Higher Education does not remain in force after the end of thebiennium in which it is made or undertaken.

(Added to NRS by 1987, 1679; A 1993, 371; 1995, 2508;2005, 363)

NRS 277.0695 Cooperativeagreements concerning insurance: Issuance of securities; applicability of otherlaws concerning securities.

1. NRS 277.067and 277.069 provide full authority forthe exercise of the powers granted in those sections. No other act or lawrelating to the authorization or issuance of securities that provides for anelection applies to any proceedings taken or acts done pursuant to thosesections.

2. An issuance of bonds or notes, pledge of revenues,or obligation to contribute money which is made or undertaken pursuant to NRS 277.067 and 277.069 shall be deemed not to createindebtedness for the purposes of any limitation on indebtedness contained inany general or special law or charter.

3. Except as otherwise provided in this section and inNRS 277.067 and 277.069, the issuance of any bonds or notespursuant to NRS 277.069 must be made inaccordance with:

(a) The Local Government Securities Law, if the bondsor notes are issued by or on behalf of a municipality as that term is definedin NRS 350.538;

(b) The State Securities Law, if the bonds or notes areissued by or on behalf of an agency of the State; or

(c) The University Securities Law, if the bonds ornotes are issued by or on behalf of the Nevada System of Higher Education.

(Added to NRS by 1987, 1679; A 1993, 372; 2005, 363)

COOPERATIVE AGREEMENTS BETWEEN LOCAL GOVERNMENTS FORFINANCING GOVERNMENTAL FACILITIES

NRS 277.0705 Definitions. As used in NRS277.0705 to 277.0755, inclusive,unless the context otherwise requires, the words and terms defined in NRS 277.071 to 277.0735, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1987, 1619)

NRS 277.071 Borrowinglocal government defined. Borrowing localgovernment means a local government authorized to borrow money and becomeobligated to repay it which:

1. Borrows money from an issuer; or

2. Leases or enters into an arrangement for aninstallment purchase with a facility financed by an issuer.

(Added to NRS by 1987, 1619)

NRS 277.0715 Facilitydefined. Facility means any governmental improvementor operation financed for a borrowing local government, including:

1. Land and interests therein;

2. Buildings;

3. Other structures;

4. Equipment;

5. Water systems;

6. Sewer systems;

7. Drainage and flood control systems;

8. Motor vehicles;

9. Police, ambulance and fire equipment;

10. Hospitals;

11. Jails;

12. Schools;

13. Libraries;

14. Highways, streets and sidewalks;

15. Airports;

16. Any other purpose for which a local government isauthorized to borrow money; and

17. Furnishings, appurtenances and other itemsfinanced in connection with subsections 1 to 16, inclusive.

(Added to NRS by 1987, 1620)

NRS 277.072 Financedefined. Finance includes refinancing orrefunding obligations previously issued by an issuer or a borrowing localgovernment for a facility.

(Added to NRS by 1987, 1620)

NRS 277.0725 Issuerdefined. Issuer means:

1. A local government or separate administrative orlegal entity designated in a cooperative agreement to issue revenue securities;or

2. A borrowing local government.

(Added to NRS by 1987, 1620)

NRS 277.073 Localgovernment defined. Local government hasthe meaning ascribed to it in NRS 354.474.

(Added to NRS by 1987, 1620)

NRS 277.0735 Revenuesecurities defined. Revenue securitiesmeans negotiable revenue bonds or notes payable from the sources designated in NRS 277.0745.

(Added to NRS by 1987, 1620)

NRS 277.074 Localgovernments may enter into cooperative agreements for borrowing money tofinance facility; contents of agreement. Twoor more local governments may enter into cooperative agreements for borrowingmoney to finance a facility. The agreement must designate the issuer. If theagreement creates a separate legal or administrative entity to administer theborrowing or the proceeds it must specify the composition and powers of thegoverning body of that entity.

(Added to NRS by 1987, 1620)

NRS 277.0745 Issuanceof revenue securities; repayment. The issueron behalf of the borrowing local government may issue revenue securities inorder to finance a facility. The revenue securities and the interest must berepaid solely from:

1. The proceeds of the revenue securities and interestearned;

2. Revenues of any facility financed with the revenuesecurities;

3. Repayments of loans to borrowing local governmentsmade with the proceeds of the revenue securities;

4. Rentals or payments for installment purchases madewith respect to facilities financed with revenue securities; and

5. The proceeds of the sale of any facility financedwith the proceeds of the revenue securities or any part of it.

Repaymentmay be additionally secured by a mortgage, security interest or otherencumbrance on a facility financed with the revenue securities.

(Added to NRS by 1987, 1620)

NRS 277.075 Borrowinglocal government prohibited from borrowing from issuer or becoming obligatedfor facility; conditions. A borrowing localgovernment may not borrow money from an issuer or become obligated on a leaseor agreement for an installment purchase for a facility financed by revenuesecurities unless the borrowing local government:

1. Has the authority to borrow money or enter into alease or agreement for an installment purchase for the facility being financedwith the revenue securities; and

2. Has followed the procedure required by law toborrow money or enter into a lease or an agreement for an installment purchase.

(Added to NRS by 1987, 1621)

NRS 277.0755 Applicationof Local Government Securities Law. Theprovisions of the Local Government Securities Law apply to revenue securities issuedpursuant to NRS 277.0745 to the extentthat they are consistent with the provisions of NRS 277.0705 to 277.075, inclusive.

(Added to NRS by 1987, 1621)

INTERLOCAL COOPERATION ACT

NRS 277.080 Shorttitle. NRS277.080 to 277.180, inclusive, maybe cited as the Interlocal Cooperation Act.

(Added to NRS by 1965, 1332; A 1993, 1453)

NRS 277.090 Purpose. It is the purpose of NRS277.080 to 277.180, inclusive, topermit local governments to make the most efficient use of their powers byenabling them to cooperate with other local governments on a basis of mutualadvantage and thereby to provide services and facilities in a manner andpursuant to forms of governmental organization which will best accord withgeographic, economic, population and other factors influencing the needs anddevelopment of local communities.

(Added to NRS by 1965, 1332)

NRS 277.100 Definitions. As used in NRS 277.080to 277.180, inclusive, unless thecontext otherwise requires:

1. Public agency means:

(a) Any political subdivision of this State, includingwithout limitation counties, incorporated cities and towns, including CarsonCity, unincorporated towns, school districts and other districts.

(b) Any agency of this State or of the United States.

(c) Any political subdivision of another state.

(d) Any Indian tribe, group of tribes, organizedsegment of a tribe, or any organization representing two or more such entities.

2. State includes any of the United States and theDistrict of Columbia.

(Added to NRS by 1965, 1332; A 1969, 327; 1973, 260;1983, 128)

NRS 277.103 Consolidationof governmental services: Authorization; interlocal agreement; supplementaryand prevailing provisions. [Expires by limitation upon proclamation of ExecutiveDirector of Department of Taxation that no saving of total public expenditureresulted from consolidation of services.]

1. The governing bodies of a county, the largest city,and each other incorporated city which chooses to participate may consolidatethe services provided by those governments, by interlocal agreement pursuant tothe provisions of NRS 277.105.

2. The provisions of this section and NRS 277.105 supplement, and in case ofconflict prevail over, the provisions of NRS277.110 to 277.180, inclusive.

(Added to NRS by 1993, 1453)

NRS 277.105 Consolidationof governmental services: Permanent administrative entity to perform specificfunctions; negotiations concerning contributions to budget of entity. [Expiresby limitation upon proclamation of Executive Director of Department of Taxationthat no saving of total public expenditure resulted from consolidation ofservices.]

1. In a county in which governmental services areconsolidated, the governing bodies may establish a permanent administrativeentity to perform specific functions throughout the participating cities and inthe unincorporated area of the county, including, but not limited to:

(a) Prevention and suppression of fire.

(b) Sanitation and sewerage.

(c) Planning, regulation of use of land and buildings,inspection of buildings for safety, and the issuance of building permits.

(d) Regulation of business and gaming and issuance ofbusiness and gaming licenses.

(e) Provision of parks and recreation, including themaintenance of existing facilities.

(f) Provision of informational systems and dataprocessing for the county and participating cities.

(g) General services and the maintenance of buildingsand vehicles for the county and participating cities.

2. The county and each participating city maynegotiate concerning the manner of contributing to the budget of theadministrative entity in proportion to the sum of revenues derived by each fromtaxes, licenses for business and gaming, and fees for services performed, ineach city and in the unincorporated area of the county, respectively.

(Added to NRS by 1993, 1453)

NRS 277.110 Jointexercise of powers, privileges and authority by public agencies; agreements. Except as limited by NRS280.105 and 711.175:

1. Any power, privilege or authority exercised orcapable of exercise by a public agency of this state, including, but notlimited to, law enforcement, may be exercised jointly with any other publicagency of this state, and jointly with any public agency of any other state orof the United States to the extent that the laws of such other state or of theUnited States permit such joint exercise. Any agency of this state when actingjointly with any other public agency may exercise all the powers, privilegesand authority conferred by NRS 277.080to 277.180, inclusive, upon a publicagency.

2. Any two or more public agencies may enter intoagreements with one another for joint or cooperative action pursuant to theprovisions of NRS 277.080 to 277.170, inclusive. Those agreements becomeeffective only upon ratification by appropriate ordinance, resolution orotherwise pursuant to law on the part of the governing bodies of theparticipating public agencies. If it is reasonably foreseeable that aparticipating public agency will be required to expend $2,000 or more to carryout such an agreement, the agreement must be in writing.

(Added to NRS by 1965, 1332; A 1973, 1077; 1981, 646;2001, 1079; 2003, 1231)

NRS 277.120 Contentsof agreement establishing separate legal or administrative entity; contents ofother agreements.

1. Except as otherwise provided in NRS 277.105, any agreement made pursuant toNRS 277.110 which establishes a separatelegal or administrative entity to conduct the joint or cooperative undertakingshall specify:

(a) The precise organization, composition and nature ofsuch entity and the powers delegated thereto.

(b) The duration of the agreement.

(c) The purpose of the agreement.

(d) The manner of financing such undertaking and ofestablishing and maintaining a budget therefor.

(e) The method or methods to be employed inaccomplishing the partial or complete termination of the agreement and fordisposing of property upon such partial or complete termination.

(f) Any other necessary or proper matters.

2. Any agreement so made which does not establish suchan entity shall contain:

(a) The provisions enumerated in paragraphs (b) to (f),inclusive, of subsection 1.

(b) Provision for an administrator or joint boardresponsible for administering the joint or cooperative undertaking. In the caseof a joint board, public agencies which are parties to the agreement shall berepresented.

(c) The manner of acquiring, holding and disposing ofreal and personal property used in such undertaking.

(Added to NRS by 1965, 1332; A 1993, 1454)

NRS 277.130 Effectof agreement on legal obligations and responsibilities of public agency;certain legal entities created by agreement prohibited from operating incertain manner.

1. No agreement made pursuant to NRS 277.080 to 277.170, inclusive, relieves any publicagency of any obligation or responsibility imposed upon it by law except thatto the extent of actual and timely performance by a joint board or other legalor administrative entity created by the agreement, such performance may be offeredin satisfaction of the obligation or responsibility.

2. A legal entity created before July 1, 2001, by anagreement made pursuant to NRS 277.080to 277.170, inclusive, must not beoperated in such a manner as to affect adversely the continued existence of apublic agency that is not a party to the agreement.

(Added to NRS by 1965, 1333; A 2001, 1698)

NRS 277.140 Approvalof agreement by Attorney General; failure to disapprove agreement withincertain period to be deemed approval; recording and filing. As conditions precedent to the entry into force of anyagreement made pursuant to NRS 277.080to 277.170, inclusive:

1. The agreement must be submitted to the AttorneyGeneral, who shall determine whether it is in proper form and compatible withthe laws of this state. The Attorney General shall set forth in detail, inwriting, addressed to the governing bodies of the public agencies concerned,any specific respects in which he finds that the proposed agreement fails tocomply with the requirements of law. Any failure by the Attorney General todisapprove an agreement submitted under the provisions of this section within30 days after its submission shall be deemed to constitute his approval.

2. If the agreement is in writing, it must be recordedwith the county recorder of each county in which a participating politicalsubdivision of this state is located, and filed with the Secretary of State.

(Added to NRS by 1965, 1333; A 2001, 1080, 1759; 2003, 75)

NRS 277.150 Approvalof agreement by officer or agency of State. Inthe event that an agreement made pursuant to NRS277.080 to 277.170, inclusive, dealsin whole or in part with the provision of services of facilities over which anofficer or agency of this State has constitutional or statutory powers ofcontrol, the agreement shall, as a condition precedent to its entry into force,be submitted to the state officer or agency having such power of control forapproval or disapproval by him or it as to all matters within his or itsjurisdiction in the same manner and subject to the same requirements as governthe action of the Attorney General under NRS277.140. This requirement of submission and approval is in addition to andnot in substitution for the requirement of submission and approval by theAttorney General.

(Added to NRS by 1965, 1333)

NRS 277.160 Agreementas interstate compact; liability of state; actions. Anagreement entered into pursuant to NRS277.080 to 277.170, inclusive,between or among one or more public agencies of this state and one or morepublic agencies of another state or of the United States shall have the statusof an interstate compact, but in any case or controversy involving performanceor interpretation thereof or liability thereunder, the public agencies whichare parties to the agreement shall be real parties in interest, and the statemay maintain an action to recover for any damages or liability which it mayincur by reason of being joined as a party in such case or controversy. Suchaction shall be maintainable against any public agency whose default, failureof performance, or other conduct caused or contributed to the incurring ofdamage or liability by the state.

(Added to NRS by 1965, 1333)

NRS 277.170 Appropriations;furnishing of property, personnel and services; issuance of securities.

1. A public agency which has entered into an agreementpursuant to NRS 277.080 to 277.170, inclusive, may support theadministrative joint board or other legal or administrative entity created tooperate the joint or cooperative undertaking, to the extent that funds for suchoperation are not made available through grant, gift or other source, in anyone or more of the following ways:

(a) By appropriating funds;

(b) By selling, leasing, giving or otherwise supplyingproperty; or

(c) By providing such personnel or services as may bewithin its legal power to furnish.

2. A public agency may also support a joint orcooperative undertaking by issuing its own securities to defray costsultimately to be borne by the other party, in contemplation of later repayment.

(Added to NRS by 1965, 1334; A 1967, 698; 1995, 1605)

NRS 277.180 Interlocalcontracts.

1. Any one or more public agencies may contract withany one or more other public agencies to perform any governmental service,activity or undertaking which any of the public agencies entering into thecontract is authorized by law to perform. Such a contract must:

(a) Be ratified by appropriate official action of thegoverning body of each party to the contract as a condition precedent to itsentry into force;

(b) Set forth fully the purposes, powers, rights,objectives and responsibilities of the contracting parties; and

(c) If an agency of this State is a party to thecontract, be approved by the Attorney General as to form and compliance withlaw.

If it isreasonably foreseeable that a contracting party will be required to expend$2,000 or more to carry out the contract, the contract must be in writing.

2. The authorized purposes of agreements made pursuantto subsection 1 include, but are not limited to:

(a) The joint use of hospitals, road construction andrepair equipment, and such other facilities or services as may and can bereasonably used for the promotion and protection of the health and welfare ofthe inhabitants of this State.

(b) The joint use of county and city personnel,equipment and facilities, including sewer systems, drainage systems, streetlighting systems, fire alarm systems, sewage disposal plants, playgrounds,parks and recreational facilities, and public buildings constructed by or underthe supervision of the board of county commissioners or the city council of thecounty and city concerned, upon such terms and agreements, and within suchareas within the county as may be determined, for the promotion and protectionof health, comfort, safety, life, welfare and property of the inhabitants ofthe counties and cities.

(c) The joint employment of clerks, stenographers andother employees in the offices of the city and county auditor, city and countyassessor, city and county treasurer, or any other joint city and county officeexisting or hereafter established in the several counties, upon such terms andconditions as may be determined for the equitable apportionment of the expensesof the joint city and county office.

(d) The joint and cooperative use of fire-fighting andfire-protection equipment for the protection of property and the prevention andsuppression of fire.

(e) The joint use of county and city personnel,equipment and facilities, upon such terms and conditions, and within such areaswithin the county as may be determined, for the promotion and protection of thehealth of the inhabitants of the county and city through the regulation,control and prohibition of the excessive emission of dense smoke and airpollution.

(f) The joint and cooperative use of law enforcementagencies.

(g) The joint use or operation of a system of publictransportation.

3. Each public agency which has entered into anagreement pursuant to this section shall annually at the time of preparing itsbudget include an estimate of the expenses necessary to carry out suchagreement, the funds for which are not made available through grant, gift orother source, and provide for such expense as other items are provided in itsbudget. Each such public agency may furnish property, personnel or services asnecessary to carry out the agreement.

(Added to NRS by 1965, 1334; A 1967, 699; 1973, 1077;1999, 2173; 2001, 808, 1080, 1083)

COORDINATION OF COLLECTION OF CERTAIN INFORMATION FROMBUSINESSES

NRS 277.185 Requirements;annual meeting to design and modify joint forms; report of annual meeting.

1. The agencies of this State, and the localgovernments within this State, that collect taxes or fees from persons engagedin business, or require such persons to provide related information and forms,shall coordinate their collection of information and forms so that eachenterprise is required to furnish information in as few separate reports aspossible. This section applies specifically, but is not limited, to theDepartment of Taxation, the Employment Security Division of the Department ofEmployment, Training and Rehabilitation, the State Department of Conservationand Natural Resources, and the counties and cities that require a businesslicense.

2. On or before October 1 of each year, the ExecutiveDirector of the Department of Taxation shall convene the heads, or personsdesignated by the respective heads, of the state agencies named in subsection 1and the appropriate officers of the cities and counties that require a businesslicense. The Secretary of State, a representative of the Nevada Association ofCounties and a representative of the Nevada League of Cities must be invited toattend the meeting. If he knows, or is made aware by persuasive informationfurnished by any enterprise required to pay a tax or fee or to provideinformation, that any other state or local agency needs to participate toaccomplish the purpose set forth in subsection 1, he shall also invite the headof that agency or the appropriate officer of the local government, and theperson so invited shall attend. The Director of the Department of InformationTechnology shall assist in effecting the consolidation of the information andthe creation of the forms.

3. The persons so assembled shall design and modify,as appropriate, the necessary joint forms for use during the ensuing fiscalyear to accomplish the purpose set forth in subsection 1. If any dispute cannotbe resolved by the participants, it must be referred to the Nevada TaxCommission for a decision that is binding on all parties.

4. On or before February 15 of each year, theExecutive Director of the Department of Taxation shall submit a report to theDirector of the Legislative Counsel Bureau for presentation to the Legislature.The report must include a summary of the annual meeting held during theimmediately preceding year and any recommendations for proposed legislation.

5. The provisions of chapter241 of NRS apply to a meeting held pursuant to this section. The ExecutiveDirector of the Department of Taxation shall provide members of the staff ofthe Department of Taxation to assist in complying with the requirements of chapter 241 of NRS.

(Added to NRS by 1993, 1470; A 1995, 649; 1997, 58,3088; 1999, 398, 1813)

TAHOE REGIONAL PLANNING COMPACT

(NRS 277.190 to 277.220, inclusive, became effective uponproclamation by the Governor of the enactment of the Tahoe Regional PlanningCompact by the State of California and its approval by the Congress of theUnited States. The compact was amended by the State of California and theamendments were adopted by a special session of the Nevada Legislature in 1980.The amendments became effective upon their approval by the Congress of theUnited States that same year. See chapter 575, Statutes of Nevada 1979, at page1135 and chapter 1, Statutes of Nevada 1980, at page 1. The compact was furtheramended by the State of California and the amendments were adopted by theNevada Legislature in 1987. These amendments become effective upon theirapproval by the Congress of the United States. See chapter 22, Statutes ofNevada 1987, at page 28. The compact was further amended by the Nevada Legislaturein 1997. These amendments become effective upon adoption of the amendments bythe State of California. See chapter 311, Statutes of Nevada 1997, at page1125.)

NRS 277.190 Enactmentof Tahoe Regional Planning Compact. The TahoeRegional Planning Compact, set forth in full in NRS 277.200, is hereby enacted into law.

(Added to NRS by 1968, 4)

NRS 277.200 Textof Compact. [Effective until approval by the Congress of the United States ofthe proposed amendments of 1987 or until proclamation by the Governor of thisState that the State of California has enacted amendments substantially similarto the amendments approved in 1997 by the Legislature of this State.] The Tahoe Regional Planning Compact is as follows:

 

Tahoe RegionalPlanning Compact

 

ARTICLE I. Findings and Declarations of Policy

 

(a) It is found and declared that:

(1) The waters of Lake Tahoe and other resourcesof the region are threatened with deterioration or degeneration, whichendangers the natural beauty and economic productivity of the region.

(2) The public and private interests andinvestments in the region are substantial.

(3) The region exhibits unique environmental andecological values which are irreplaceable.

(4) By virtue of the special conditions andcircumstances of the regions natural ecology, developmental pattern,population distribution and human needs, the region is experiencing problems ofresource use and deficiencies of environmental control.

(5) Increasing urbanization is threatening theecological values of the region and threatening the public opportunities foruse of the public lands.

(6) Maintenance of the social and economichealth of the region depends on maintaining the significant scenic,recreational, educational, scientific, natural and public health valuesprovided by the Lake Tahoe Basin.

(7) There is a public interest in protecting,preserving and enhancing these values for the residents of the region and forvisitors to the region.

(8) Responsibilities for providing recreationaland scientific opportunities, preserving scenic and natural areas, andsafeguarding the public who live, work and play in or visit the region aredivided among local governments, regional agencies, the states of Californiaand Nevada, and the Federal Government.

(9) In recognition of the public investment andmultistate and national significance of the recreational values, the FederalGovernment has an interest in the acquisition of recreational property and themanagement of resources in the region to preserve environmental andrecreational values, and the Federal Government should assist the states infulfilling their responsibilities.

(10) In order to preserve the scenic beauty andoutdoor recreational opportunities of the region, there is a need to insure anequilibrium between the regions natural endowment and its man-madeenvironment.

(b) In order to enhance the efficiency and governmentaleffectiveness of the region, it is imperative that there be established a TahoeRegional Planning Agency with the powers conferred by this compact includingthe power to establish environmental threshold carrying capacities and to adoptand enforce a regional plan and implementing ordinances which will achieve andmaintain such capacities while providing opportunities for orderly growth anddevelopment consistent with such capacities.

(c) The Tahoe Regional Planning Agency shall interpretand administer its plans, ordinances, rules and regulations in accordance withthe provisions of this compact.

 

ARTICLE II. Definitions

 

As used in this compact:

(a) Region, includes Lake Tahoe, the adjacent partsof Douglas and Washoe counties and Carson City, which for the purposes of thiscompact shall be deemed a county, lying within the Tahoe Basin in the State ofNevada, and the adjacent parts of the Counties of Placer and El Dorado lyingwithin the Tahoe Basin in the State of California, and that additional andadjacent part of the County of Placer outside of the Tahoe Basin in the Stateof California which lies southward and eastward of a line starting at theintersection of the basin crestline and the north boundary of Section 1, thencewest to the northwest corner of Section 3, thence south to the intersection ofthe basin crestline and the west boundary of Section 10; all sections referringto Township 15 North, Range 16 East, M.D.B. & M. The region defined and describedherein shall be as precisely delineated on official maps of the agency.

(b) Agency means the Tahoe Regional Planning Agency.

(c) Governing body means the governing board of theTahoe Regional Planning Agency.

(d) Regional plan means the long-term general planfor the development of the region.

(e) Planning commission means the advisory planningcommission appointed pursuant to subdivision (h) of Article III.

(f) Gaming means to deal, operate, carry on, conduct,maintain or expose for play any banking or percentage game played with cards,dice or any mechanical device or machine for money, property, checks, credit orany representative of value, including, without limiting the generality of theforegoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack,seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slotmachine, but does not include social games played solely for drinks, or cigarsor cigarettes served individually, games played in private homes or residencesfor prizes or games operated by charitable or educational organizations, to theextent excluded by applicable state law.

(g) Restricted gaming license means a license tooperate not more than 15 slot machines on which a quarterly fee is chargedpursuant to NRS 463.373 and no othergames.

(h) Project means an activity undertaken by anyperson, including any public agency, if the activity may substantially affectthe land, water, air, space or any other natural resources of the region.

(i) Environmental threshold carrying capacity meansan environmental standard necessary to maintain a significant scenic,recreational, educational, scientific or natural value of the region or tomaintain public health and safety within the region. Such standards shall includebut not be limited to standards for air quality, water quality, soilconservation, vegetation preservation and noise.

(j) Feasible means capable of being accomplished in asuccessful manner within a reasonable period of time, taking into accounteconomic, environmental, social and technological factors.

(k) Areas open to public use means all of the areaswithin a structure housing gaming under a nonrestricted license except areasdevoted to the private use of guests.

(l) Areas devoted to private use of guests meanshotel rooms and hallways to serve hotel room areas, and any parking areas. Ahallway serves hotel room areas if more than 50 percent of the areas on eachside of the hallway are hotel rooms.

(m) Nonrestricted license means a gaming licensewhich is not a restricted gaming license.

 

ARTICLE III. Organization

 

(a) There is created the Tahoe Regional Planning Agencyas a separate legal entity.

The governing body of the agency shall be constitutedas follows:

(1) California delegation:

(A) One member appointed by each of the County Boardsof Supervisors of the Counties of El Dorado and Placer and one member appointedby the City Council of the City of South Lake Tahoe. Any such member may be amember of the county board of supervisors or city council, respectively, andshall reside in the territorial jurisdiction of the governmental body makingthe appointment.

(B) Two members appointed by the Governor ofCalifornia, one member appointed by the Speaker of the Assembly of Californiaand one member appointed by the Senate Rules Committee of the State ofCalifornia. The members appointed pursuant to this subparagraph shall not beresidents of the region and shall represent the public at large within theState of California.

(2) Nevada delegation:

(A) One member appointed by each of the boards ofcounty commissioners of Douglas and Washoe counties and one member appointed bythe board of supervisors of Carson City. Any such member may be a member of theboard of county commissioners or board of supervisors, respectively, and shallreside in the territorial jurisdiction of the governmental body making theappointment.

(B) One member appointed by the governor of Nevada, thesecretary of state of Nevada or his designee, and the director of the statedepartment of conservation and natural resources of Nevada or his designee.Except for the secretary of state and the director of the state department ofconservation and natural resources, the members or designees appointed pursuantto this subparagraph shall not be residents of the region. All membersappointed pursuant to this subparagraph shall represent the public at large withinthe State of Nevada.

(C) One member appointed for a 1-year term by the sixother members of the Nevada delegation. If at least four members of the Nevadadelegation are unable to agree upon the selection of a seventh member within 60days after the effective date of the amendments to this compact or theoccurrence of a vacancy on the governing body for that state the governor ofthe State of Nevada shall make such an appointment. The member appointedpursuant to this subparagraph may, but is not required to, be a resident of theregion within the State of Nevada.

(3) If any appointing authority under paragraph (1)(A),(1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days afterthe effective date of the amendments to this compact or the occurrence of avacancy on the governing body, the governor of the state in which theappointing authority is located shall make the appointment. The term of anymember so appointed shall be 1 year.

(4) The position of any member of the governing bodyshall be deemed vacant if such a member is absent from three consecutivemeetings of the governing body in any calendar year.

(5) Each member and employee of the agency shalldisclose his economic interests in the region within 10 days after taking hisseat on the governing board or being employed by the agency and shallthereafter disclose any further economic interest which he acquires, as soon asfeasible after he acquires it. As used in this paragraph, economic interestsmeans:

(A) Any business entity operating in the region inwhich the member or employee has a direct or indirect investment worth morethan $1,000;

(B) Any real property located in the region in whichthe member or employee has a direct or indirect interest worth more than$1,000;

(C) Any source of income attributable to activities inthe region, other than loans by or deposits with a commercial lendinginstitution in the regular course of business, aggregating $250 or more invalue received by or promised to the member within the preceding 12 months; or

(D) Any business entity operating in the region inwhich the member or employee is a director, officer, partner, trustee, employeeor holds any position of management.

No member oremployee of the agency shall make, or attempt to influence, an agency decisionin which he knows or has reason to know he has an economic interest. Membersand employees of the agency must disqualify themselves from making orparticipating in the making of any decision of the agency when it is reasonablyforeseeable that the decision will have a material financial effect,distinguishable from its effect on the public generally, on the economicinterests of the member or employee.

(b) The members of the agency shall serve withoutcompensation, but the expenses of each member shall be met by the body which herepresents in accordance with the law of that body. All other expenses incurredby the governing body in the course of exercising the powers conferred upon itby this compact unless met in some other manner specifically provided, shall bepaid by the agency out of its own funds.

(c) Except for the secretary of state and director ofthe state department of conservation and natural resources of Nevada and themember appointed pursuant to subdivision (a)(2)(C), the members of thegoverning body serve at the pleasure of the appointing authority in each case,but each appointment shall be reviewed no less often than every 4 years.Members may be reappointed.

(d) The governing body of the agency shall meet atleast monthly. All meetings shall be open to the public to the extent requiredby the law of the State of California or the State of Nevada, whichever imposesthe greater requirement, applicable to local governments at the time suchmeeting is held. The governing body shall fix a date for its regular monthlymeeting in such terms as the first Monday of each month, and shall not changesuch date more often than once in any calendar year. Notice of the date sofixed shall be given by publication at least once in a newspaper or combinationof newspapers whose circulation is general throughout the region and in eachcounty a portion of whose territory lies within the region. Notice of any specialmeeting, except an emergency meeting, shall be given by so publishing the dateand place and posting an agenda at least 5 days prior to the meeting.

(e) The position of a member of the governing bodyshall be considered vacated upon his loss of any of the qualifications requiredfor his appointment and in such event the appointing authority shall appoint asuccessor.

(f) The governing body shall elect from its own membersa chairman and vice chairman, whose terms of office shall be 2 years, and whomay be reelected. If a vacancy occurs in either office, the governing body mayfill such vacancy for the unexpired term.

(g) Four of the members of the governing body from eachstate constitute a quorum for the transaction of the business of the agency.The voting procedures shall be as follows:

(1) For adopting, amending or repealing environmentalthreshold carrying capacities, the regional plan, and ordinances, rules andregulations, and for granting variances from the ordinances, rules andregulations, the vote of at least four of the members of each state agreeingwith the vote of at least four members of the other state shall be required totake action. If there is no vote of at least four of the members from one stateagreeing with the vote of at least four of the members of the other state onthe actions specified in this paragraph, an action of rejection shall be deemedto have been taken.

(2) For approving a project, the affirmative vote of atleast five members from the state in which the project is located and theaffirmative vote of at least nine members of the governing body are required.If at least five members of the governing body from the state in which theproject is located and at least nine members of the entire governing body donot vote in favor of the project, upon a motion for approval, an action ofrejection shall be deemed to have been taken. A decision by the agency toapprove a project shall be supported by a statement of findings, adopted by theagency, which indicates that the project complies with the regional plan andwith applicable ordinances, rules and regulations of the agency.

(3) For routine business and for directing the agencysstaff on litigation and enforcement actions, at least eight members of thegoverning body must agree to take action. If at least eight votes in favor ofsuch action are not cast, an action of rejection shall be deemed to have beentaken.

Wheneverunder the provisions of this compact or any ordinance, rule, regulation orpolicy adopted pursuant thereto, the agency is required to review or approveany project, public or private, the agency shall take final action by vote,whether to approve, to require modification or to reject such project, within180 days after the application for such project is accepted as complete by theagency in compliance with the agencys rules and regulations governing suchdelivery unless the applicant has agreed to an extension of this time limit. Ifa final action by vote does not take place within 180 days, the applicant maybring an action in a court of competent jurisdiction to compel a vote unless hehas agreed to an extension. This provision does not limit the right of anyperson to obtain judicial review of agency action under subdivision (h) ofArticle VI. The vote of each member of the governing body shall be individuallyrecorded. The governing body shall adopt its own rules, regulations andprocedures.

(h) An advisory planning commission shall be appointedby the agency. The commission shall include: the chief planning officers ofPlacer County, El Dorado County, and the City of South Lake Tahoe in Californiaand of Douglas County, Washoe County and Carson City in Nevada, the executiveofficer of the Lahontan Regional Water Quality Control Board of the State ofCalifornia, the executive officer of the Air Resources Board of the State ofCalifornia, the director of the state department of conservation and naturalresources of the State of Nevada, the administrator of the division ofenvironmental protection in the state department of conservation and naturalresources of the State of Nevada, the administrator of the Lake TahoeManagement Unit of the United States Forest Service, and at least four laymembers with an equal number from each state, at least half of whom shall beresidents of the region. Any official member may designate an alternate.

The term of office of each lay member of the advisoryplanning commission shall be 2 years. Members may be reappointed.

The position of each member of the advisory planningcommission shall be considered vacated upon loss of any of the qualificationsrequired for appointment, and in such an event the appointing authority shallappoint a successor.

The advisory planning commission shall elect from itsown members a chairman and a vice chairman, whose terms of office shall be 2years and who may be reelected. If a vacancy occurs in either office, theadvisory planning commission shall fill such vacancy for the unexpired term.

A majority of the members of the advisory planningcommission constitutes a quorum for the transaction of the business of thecommission. A majority vote of the quorum present shall be required to takeaction with respect to any matter.

(i) The agency shall establish and maintain an officewithin the region, and for this purpose the agency may rent or own property andequipment. Every plan, ordinance and other record of the agency which is ofsuch nature as to constitute a public record under the law of either the Stateof California or the State of Nevada shall be open to inspection and copyingduring regular office hours.

(j) Each authority charged under this compact or by thelaw of either state with the duty of appointing a member of the governing bodyof the agency shall by certified copy of its resolution or other action notifythe Secretary of State of its own state of the action taken.

 

ARTICLE IV. Personnel

 

(a) The governing body shall determine thequalification of, and it shall appoint and fix the salary of, the executiveofficer of the agency, and shall employ such other staff and legal counsel asmay be necessary to execute the powers and functions provided for under thiscompact or in accordance with any intergovernmental contracts or agreements theagency may be responsible for administering.

(b) Agency personnel standards and regulations shallconform insofar as possible to the regulations and procedures of the civilservice of the State of California or the State of Nevada, as may be determinedby the governing body of the agency; and shall be regional and bistate inapplication and effect; provided that the governing body may, foradministrative convenience and at its discretion, assign the administration ofdesignated personnel arrangements to an agency of either state, and providedthat administratively convenient adjustments be made in the standards and regulationsgoverning personnel assigned under intergovernmental agreements.

(c) The agency may establish and maintain orparticipate in such additional programs of employee benefits as may beappropriate to afford employees of the agency terms and conditions ofemployment similar to those enjoyed by employees of California and Nevadagenerally.

 

ARTICLE V. Planning

 

(a) In preparing each of the plans required by thisarticle and each amendment thereto, if any, subsequent to its adoption, theplanning commission after due notice shall hold at least one public hearingwhich may be continued from time to time, and shall review the testimony andany written recommendations presented at such hearing before recommending theplan or amendment. The notice required by this subdivision shall be given atleast 20 days prior to the public hearing by publication at least once in anewspaper or combination of newspapers whose circulation is general throughoutthe region and in each county a portion of whose territory lies within theregion.

The planning commission shall then recommend such planor amendment to the governing body for adoption by ordinance. The governingbody may adopt, modify or reject the proposed plan or amendment, or mayinitiate and adopt a plan or amendment without referring it to the planning commission.If the governing body initiates or substantially modifies a plan or amendment,it shall hold at least one public hearing thereon after due notice as requiredin this subdivision.

If a request is made for the amendment of the regionalplan by:

(1) A political subdivision a part of whose territorywould be affected by such amendment; or

(2) The owner or lessee of real property which would beaffected by such amendment,

thegoverning body shall complete its action on such amendment within 180 daysafter such request is accepted as complete according to standards which must beprescribed by ordinance of the agency.

(b) The agency shall develop, in cooperation with thestates of California and Nevada, environmental threshold carrying capacitiesfor the region. The agency should request the Presidents Council onEnvironmental Quality, the United States Forest Service and other appropriateagencies to assist in developing such environmental threshold carryingcapacities. Within 18 months after the effective date of the amendments to thiscompact, the agency shall adopt environmental threshold carrying capacities forthe region.

(c) Within 1 year after the adoption of theenvironmental threshold carrying capacities for the region, the agency shallamend the regional plan so that, at a minimum, the plan and all of itselements, as implemented through agency ordinances, rules and regulations,achieves and maintains the adopted environmental threshold carrying capacities.Each element of the plan shall contain implementation provisions and timeschedules for such implementation by ordinance. The planning commission andgoverning body shall continuously review and maintain the regional plan. Theregional plan shall consist of a diagram, or diagrams, and text, or textssetting forth the projects and proposals for implementation of the regionalplan, a description of the needs and goals of the region and a statement of thepolicies, standards and elements of the regional plan.

The regional plan shall be a single enforceable planand includes all of the following correlated elements:

(1) A land-use plan for the integrated arrangement andgeneral location and extent of, and the criteria and standards for, the uses ofland, water, air, space and other natural resources within the region,including but not limited to an indication or allocation of maximum populationdensities and permitted uses.

(2) A transportation plan for the integrateddevelopment of a regional system of transportation, including but not limitedto parkways, highways, transportation facilities, transit routes, waterways,navigation facilities, public transportation facilities, bicycle facilities,and appurtenant terminals and facilities for the movement of people and goodswithin the region. The goal of transportation planning shall be:

(A) To reduce dependency on the automobile by makingmore effective use of existing transportation modes and of public transit tomove people and goods within the region; and

(B) To reduce to the extent feasible air pollutionwhich is caused by motor vehicles.

Whereincreases in capacity are required, the agency shall give preference to providingsuch capacity through public transportation and public programs and projectsrelated to transportation. The agency shall review and consider all existingtransportation plans in preparing its regional transportation plan pursuant tothis paragraph.

The plan shall provide for an appropriate transitsystem for the region.

The plan shall give consideration to:

(A) Completion of the Loop Road in the states of Nevadaand California;

(B) Utilization of a light rail mass transit system inthe South Shore area; and

(C) Utilization of a transit terminal in the KingsburyGrade area.

Until theregional plan is revised, or a new transportation plan is adopted in accordancewith this paragraph, the agency has no effective transportation plan.

(3) A conservation plan for the preservation,development, utilization, and management of the scenic and other naturalresources within the basin, including but not limited to, soils, shoreline andsubmerged lands, scenic corridors along transportation routes, open spaces,recreational and historical facilities.

(4) A recreation plan for the development, utilization,and management of the recreational resources of the region, including but notlimited to, wilderness and forested lands, parks and parkways, riding andhiking trails, beaches and playgrounds, marinas, areas for skiing and otherrecreational facilities.

(5) A public services and facilities plan for thegeneral location, scale and provision of public services and facilities, which,by the nature of their function, size, extent and other characteristics arenecessary or appropriate for inclusion in the regional plan.

In formulating and maintaining the regional plan, theplanning commission and governing body shall take account of and shall seek toharmonize the needs of the region as a whole, the plans of the counties andcities within the region, the plans and planning activities of the state,federal and other public agencies and nongovernmental agencies andorganizations which affect or are concerned with planning and developmentwithin the region.

(d) The regional plan shall provide for attaining andmaintaining federal, state, or local air and water quality standards, whicheverare strictest, in the respective portions of the region for which the standardsare applicable.

The agency may, however, adopt air or water qualitystandards or control measures more stringent than the applicable stateimplementation plan or the applicable federal, state, or local standards forthe region, if it finds that such additional standards or control measures arenecessary to achieve the purposes of this compact. Each element of the regionalplan, where applicable, shall, by ordinance, identify the means and timeschedule by which air and water quality standards will be attained.

(e) Except for the Regional Transportation Plan of theCalifornia Tahoe Regional Planning Agency, the regional plan, ordinances, rulesand regulations adopted by the California Tahoe Regional Planning Agency ineffect on July 1, 1980, shall be the regional plan, ordinances, rules andregulations of the Tahoe Regional Planning Agency for that portion of the Tahoeregion located in the State of California. Such plan, ordinance, rule orregulation may be amended or repealed by the governing body of the agency. Theplans, ordinances, rules and regulations of the Tahoe Regional Planning Agencythat do not conflict with, or are not addressed by, the California TahoeRegional Planning Agencys plans, ordinances, rules and regulations referred toin this subdivision shall continue to be applicable unless amended or repealedby the governing body of the agency. No provision of the regional plan, ordinances,rules and regulations of the California Tahoe Regional Planning Agency referredto in this subdivision shall apply to that portion of the region within theState of Nevada, unless such provision is adopted for the Nevada portion of theregion by the governing body of the agency.

(f) The regional plan, ordinances, rules andregulations of the Tahoe Regional Planning Agency apply to that portion of theregion within the State of Nevada.

(g) The agency shall adopt ordinances prescribingspecific written findings that the agency must make prior to approving anyproject in the region. These findings shall relate to environmental protectionand shall insure that the project under review will not adversely affectimplementation of the regional plan and will not cause the adoptedenvironmental threshold carrying capacities of the region to be exceeded.

(h) The agency shall maintain the data, maps and otherinformation developed in the course of formulating and administering theregional plan, in a form suitable to assure a consistent view of developmentaltrends and other relevant information for the availability of and use by otheragencies of government and by private organizations and individuals concerned.

(i) Where necessary for the realization of the regionalplan, the agency may engage in collaborative planning with local governmentaljurisdictions located outside the region, but contiguous to its boundaries. Informulating and implementing the regional plan, the agency shall seek thecooperation and consider the recommendations of counties and cities and otheragencies of local government, of state and federal agencies, of educationalinstitutions and research organizations, whether public or private, and ofcivic groups and private persons.

 

ARTICLE VI. Agencys Powers

 

(a) The governing body shall adopt all necessaryordinances, rules, and regulations to effectuate the adopted regional plan.Except as otherwise provided in this compact, every such ordinance, rule orregulation shall establish a minimum standard applicable throughout the region.Any political subdivision or public agency may adopt and enforce an equal orhigher requirement applicable to the same subject of regulation in itsterritory. The regulations of the agency shall contain standards including butnot limited to the following: water purity and clarity; subdivision; zoning;tree removal; solid waste disposal; sewage disposal; land fills, excavations,cuts and grading; piers, harbors, breakwaters or channels and other shorelinedevelopments; waste disposal in shoreline areas; waste disposal from boats;mobile-home parks; house relocation; outdoor advertising; floodplainprotection; soil and sedimentation control; air pollution; and watershedprotection. Whenever possible without diminishing the effectiveness of theregional plan, the ordinances, rules, regulations and policies shall beconfined to matters which are general and regional in application, leaving tothe jurisdiction of the respective states, counties and cities the enactment ofspecific and local ordinances, rules, regulations and policies which conform tothe regional plan.

The agency shall prescribe by ordinance thoseactivities which it has determined will not have substantial effect on theland, water, air, space or any other natural resources in the region andtherefore will be exempt from its review and approval.

Every ordinance adopted by the agency shall bepublished at least once by title in a newspaper or combination of newspaperswhose circulation is general throughout the region. Except an ordinanceadopting or amending the regional plan, no ordinance shall become effectiveuntil 60 days after its adoption. Immediately after its adoption, a copy ofeach ordinance shall be transmitted to the governing body of each politicalsubdivision having territory within the region.

(b) No project other than those to be reviewed andapproved under the special provisions of subdivisions (d), (e), (f) and (g) maybe developed in the region without obtaining the review and approval of theagency and no project may be approved unless it is found to comply with theregional plan and with the ordinances, rules and regulations enacted pursuantto subdivision (a) to effectuate that plan.

The agency may approve a project in the region onlyafter making the written findings required by this subdivision or subdivision(g) of Article V. Such findings shall be based on substantial evidence in therecord.

Before adoption by the agency of the ordinancesrequired in subdivision (g) of Article V, the agency may approve a project inthe region only after making written findings on the basis of substantialevidence in the record that the project is consistent with the regional planthen in effect and with applicable plans, ordinances, regulations, andstandards of federal and state agencies relating to the protection, maintenanceand enhancement of environmental quality in the region.

(c) The legislatures of the states of California andNevada find that in order to make effective the regional plan as revised by theagency, it is necessary to halt temporarily works of development in the regionwhich might otherwise absorb the entire capability of the region for furtherdevelopment or direct it out of harmony with the ultimate plan. Subject to thelimitation provided in this subdivision, from the effective date of theamendments to this compact until the regional plan is amended pursuant to subdivision(c) of Article V, or until May 1, 1983, whichever is earlier:

(1) Except as otherwise provided in this paragraph, nonew subdivision, planned unit development, or condominium project may beapproved unless a complete tentative map or plan has been approved before theeffective date of the amendments to this compact by all agencies havingjurisdiction. The subdivision of land owned by a general improvement district,which existed and owned the land before the effective date of the amendments tothis compact, may be approved if subdivision of the land is necessary to avoidinsolvency of the district.

(2) Except as provided in paragraph (3), no apartmentbuilding may be erected unless the required permits for such building have beensecured from all agencies having jurisdiction, prior to the effective date ofthe amendments to this compact.

(3) During each of the calendar years 1980, 1981 and1982, no city or county may issue building permits which authorize theconstruction of a greater number of new residential units within the regionthan were authorized within the region by building permits issued by that cityor county during the calendar year 1978. For the period of January throughApril, 1983, building permits authorizing the construction of no more thanone-third of that number may be issued by each such city or county. Forpurposes of this paragraph a residential unit means either a single familyresidence or an individual residential unit within a larger building, such asan apartment building, a duplex or a condominium.

The legislatures find the respective numbers ofresidential units authorized within the region during the calendar year 1978 tobe as follows:

1. City of South Lake Tahoe and El Dorado County(combined)................. 252

2. Placer County................................................................................................... 278

3. Carson City....................................................................................................... -0-

4. Douglas County.............................................................................................. 339

5. Washoe County.............................................................................................. 739

(4) During each of the calendar years 1980, 1981 and1982, no city or county may issue building permits which authorize constructionof a greater square footage of new commercial buildings within the region thanwere authorized within the region by building permits for commercial purposesissued by that city or county during the calendar year 1978. For the period ofJanuary through April, 1983, building permits authorizing the construction ofno more than one-third the amount of that square footage may be issued by eachsuch city or county.

The legislatures find the respective square footages ofcommercial buildings authorized within the region during calendar year 1978 tobe as follows:

1. City of South Lake Tahoe and El Dorado County(combined)................. 64,324

2. Placer County................................................................................................... 23,000

3. Carson City....................................................................................................... -0-

4. Douglas County.............................................................................................. 57,354

5. Washoe County.............................................................................................. 50,600

(5) No structure may be erected to house gaming under anonrestricted license.

(6) No facility for the treatment of sewage may beconstructed or enlarged except:

(A) To comply, as ordered by the appropriate stateagency for the control of water pollution, with existing limitations ofeffluent under the Clean Water Act, 33 U.S.C. 1251 et seq., and theapplicable state law for control of water pollution;

(B) To accommodate development which is not prohibitedor limited by this subdivision; or

(C) In the case of Douglas County Sewer District # 1,to modify or otherwise alter sewage treatment facilities existing on theeffective date of the amendments to this compact so that such facilities willbe able to treat the total volume of effluent for which they were originallydesigned, which is 3.0 million gallons per day. Such modification or alterationis not a project; is not subject to the requirements of Article VII; and doesnot require a permit from the agency. Before commencing such modification oralteration, however, the district shall submit to the agency its reportidentifying any significant soil erosion problems which may be caused by suchmodifications or alterations and the measures which the district proposes totake to mitigate or avoid such problems.

The moratorium imposed by this subdivision does notapply to work done pursuant to a right vested before the effective date of theamendments to this compact. Notwithstanding the expiration date of themoratorium imposed by this subdivision, no new highway may be built or existinghighway widened to accommodate additional continuous lanes for automobilesuntil the regional transportation plan is revised and adopted.

The moratorium imposed by this subdivision does notapply to the construction of any parking garage which has been approved by theagency prior to May 4, 1979, whether that approval was affirmative or bydefault. The provisions of this paragraph are not an expression of legislativeintent that any such parking garage, the approval of which is the subject oflitigation which was pending on the effective date of the amendments to thiscompact, should or should not be constructed. The provisions of this paragraphare intended solely to permit construction of such a parking garage if ajudgment sustaining the agencys approval to construct that parking garage hasbecome final and no appeal is pending or may lawfully be taken to a highercourt.

(d) Subject to the final order of any court ofcompetent jurisdiction entered in litigation contesting the validity of anapproval by the Tahoe Regional Planning Agency, whether that approval wasaffirmative or by default, if that litigation was pending on May 4, 1979, theagency and the states of California and Nevada shall recognize as a permittedand conforming use:

(1) Every structure housing gaming under anonrestricted license which existed as a licensed gaming establishment on May4, 1979, or whose construction was approved by the Tahoe Regional PlanningAgency affirmatively or deemed approved before that date. The construction oruse of any structure to house gaming under a nonrestricted license not soexisting or approved, or the enlargement in cubic volume of any such existingor approved structure is prohibited.

(2) Every other nonrestricted gaming establishment whoseuse was seasonal and whose license was issued before May 4, 1979, for the sameseason and for the number and type of games and slot machines on which taxes orfees were paid in the calendar year 1978.

(3) Gaming conducted pursuant to a restricted gaminglicense issued before May 4, 1979, to the extent permitted by that license onthat date.

The areawithin any structure housing gaming under a nonrestricted license which may beopen to public use (as distinct from that devoted to the private use of guestsand exclusive of any parking area) is limited to the area existing or approvedfor public use on May 4, 1979. Within these limits, any external modificationof the structure which requires a permit from a local government also requiresapproval from the agency. The agency shall not permit restaurants, conventionfacilities, showrooms or other public areas to be constructed elsewhere in theregion outside the structure in order to replace areas existing or approved forpublic use on May 4, 1979.

(e) Any structure housing licensed gaming may berebuilt or replaced to a size not to exceed the cubic volume, height and landcoverage existing or approved on May 4, 1979, without the review or approval ofthe agency or any planning or regulatory authority of the State of Nevada whosereview or approval would be required for a new structure.

(f) The following provisions apply to any internal orexternal modification, remodeling, change in use, or repair of a structurehousing gaming under a nonrestricted license which is not prohibited by ArticleVI (d):

(1) The agencys review of an external modification ofthe structure which requires a permit from a local government is limited todetermining whether the external modification will do any of the following:

(A) Enlarge the cubic volume of the structure;

(B) Increase the total square footage of area open toor approved for public use on May 4, 1979;

(C) Convert an area devoted to the private use ofguests to an area open to public use;

(D) Increase the public area open to public use whichis used for gaming beyond the limits contained in paragraph (3); and

(E) Conflict with or be subject to the provisions ofany of the agencys ordinances that are generally applicable throughout theregion.

The agencyshall make this determination within 60 days after the proposal is delivered tothe agency in compliance with the agencys rules or regulations governing suchdelivery unless the applicant has agreed to an extension of this time limit. Ifan external modification is determined to have any of the effects enumerated insubparagraphs (A) through (C), it is prohibited. If an external modification isdetermined to have any of the effects enumerated in subparagraph (D) or (E), itis subject to the applicable provisions of this compact. If an externalmodification is determined to have no such effect, it is not subject to theprovisions of this compact.

(2) Except as provided in paragraph (3), internalmodification, remodeling, change in use or repair of a structure housing gamingunder a nonrestricted license is not a project and does not require the reviewor approval of the agency.

(3) Internal modification, remodeling, change in use orrepair of areas open to public use within a structure housing gaming under anonrestricted license which alone or in combination with any other suchmodification, remodeling, change in use or repair will increase the totalportion of those areas which is actually used for gaming by more than theproduct of the total base area, as defined below, in square feet existing on orapproved before August 4, 1980, multiplied by 15 percent constitutes a projectand is subject to all of the provisions of this compact relating to projects.For purposes of this paragraph and the determination required by Article VI(g), base area means all of the area within a structure housing gaming under anonrestricted license which may be open to public use, whether or not gaming isactually conducted or carried on in that area, except retail stores, conventioncenters and meeting rooms, administrative offices, kitchens, maintenance andstorage areas, rest rooms, engineering and mechanical rooms, accounting roomsand counting rooms.

(g) In order to administer and enforce the provisionsof paragraphs (d), (e) and (f) the State of Nevada, through its appropriateplanning or regulatory agency, shall require the owner or licensee of astructure housing gaming under a nonrestricted license to provide:

(1) Documents containing sufficient information for theNevada agency to establish the following relative to the structure:

(A) The location of its external walls;

(B) Its total cubic volume;

(C) Within its external walls, the area in square feetopen or approved for public use and the area in square feet devoted to orapproved for the private use of guests on May 4, 1979;

(D) The amount of surface area of land under thestructure; and

(E) The base area as defined in paragraph (f)(3) insquare feet existing on or approved before August 4, 1980.

(2) An informational report whenever any internalmodification, remodeling, change in use, or repair will increase the totalportion of the areas open to public use which is used for gaming.

The Nevada agency shall transmit this information tothe Tahoe Regional Planning Agency.

(h) Gaming conducted pursuant to a restricted gaminglicense is exempt from review by the agency if it is incidental to the primaryuse of the premises.

(i) The provisions of subdivisions (d) and (e) areintended only to limit gaming and related activities as conducted within agaming establishment, or construction designed to permit the enlargement ofsuch activities, and not to limit any other use of property zoned for commercialuse or the accommodation of tourists, as approved by the agency.

(j) Legal actions arising out of or alleging aviolation of the provisions of this compact, of the regional plan or of anordinance or regulation of the agency or of a permit or a condition of a permitissued by the agency are governed by the following provisions:

(1) This subdivision applies to:

(A) Actions arising out of activities directlyundertaken by the agency.

(B) Actions arising out of the issuance to a person ofa lease, permit, license or other entitlement for use by the agency.

(C) Actions arising out of any other act or failure toact by any person or public agency.

Such legalactions may be filed and the provisions of this subdivision apply equally inthe appropriate courts of California and Nevada and of the United States.

(2) Venue lies:

(A) If a civil or criminal action challenges anactivity by the agency or any person which is undertaken or to be undertakenupon a parcel of real property, in the state or federal judicial district wherethe real property is situated.

(B) If an action challenges an activity which does notinvolve a specific parcel of land (such as an action challenging an ordinanceof the agency), in any state or federal court having jurisdiction within theregion.

(3) Any aggrieved person may file an action in an appropriatecourt of the State of California or Nevada or of the United States allegingnoncompliance with the provisions of this compact or with an ordinance orregulation of the agency. In the case of governmental agencies, aggrievedperson means the Tahoe Regional Planning Agency or any state, federal or localagency. In the case of any person other than a governmental agency whochallenges an action of the Tahoe Regional Planning Agency, aggrieved personmeans any person who has appeared, either in person, through an authorizedrepresentative, or in writing, before the agency at an appropriateadministrative hearing to register objection to the action which is being challenged,or who had good cause for not making such an appearance.

(4) A legal action arising out of the adoption oramendment of the regional plan or of any ordinance or regulation of the agency,or out of the granting or denial of any permit, shall be commenced within 60days after final action by the agency. All other legal actions shall becommenced within 65 days after discovery of the cause of action.

(5) In any legal action filed pursuant to thissubdivision which challenges an adjudicatory act or decision of the agency toapprove or disapprove a project, the scope of judicial inquiry shall extendonly to whether there was prejudicial abuse of discretion. Prejudicial abuse ofdiscretion is established if the agency has not proceeded in a manner requiredby law or if the act or decision of the agency was not supported by substantialevidence in light of the whole record. In making such a determination the courtshall not exercise its independent judgment on evidence but shall onlydetermine whether the act or decision was supported by substantial evidence inlight of the whole record. In any legal action filed pursuant to this subdivisionwhich challenges a legislative act or decision of the agency (such as theadoption of the regional plan and the enactment of implementing ordinances),the scope of the judicial inquiry shall extend only to the questions of whetherthe act or decision has been arbitrary, capricious or lacking substantialevidentiary support or whether the agency has failed to proceed in a mannerrequired by law.

(6) The provisions of this subdivision do not apply toany legal proceeding pending on the date when this subdivision becomeseffective. Any such legal proceeding shall be conducted and concluded under theprovisions of law which were applicable prior to the effective date of thissubdivision.

(7) The security required for the issuance of atemporary restraining order or preliminary injunction based upon an allegedviolation of this compact or any ordinance, plan, rule or regulation adoptedpursuant thereto is governed by the rule or statute applicable to the court inwhich the action is brought, unless the action is brought by a public agency orpolitical subdivision to enforce its own rules, regulations and ordinances inwhich case no security shall be required.

(k) The agency shall monitor activities in the regionand may bring enforcement actions in the region to ensure compliance with theregional plan and adopted ordinances, rules, regulations and policies. If it isfound that the regional plan, or ordinances, rules, regulations and policiesare not being enforced by a local jurisdiction, the agency may bring action ina court of competent jurisdiction to ensure compliance.

(l) Any person who violates any provision of thiscompact or of any ordinance or regulation of the agency or of any condition ofapproval imposed by the agency is subject to a civil penalty not to exceed$5,000. Any such person is subject to an additional civil penalty not to exceed$5,000 per day, for each day on which such a violation persists. In imposingthe penalties authorized by this subdivision, the court shall consider thenature of the violation and shall impose a greater penalty if it was willful orresulted from gross negligence than if it resulted from inadvertence or simplenegligence.

(m) The agency is hereby empowered to initiate,negotiate and participate in contracts and agreements among the localgovernmental authorities of the region, or any other intergovernmentalcontracts or agreements authorized by state or federal law.

(n) Each intergovernmental contract or agreement shallprovide for its own funding and staffing, but this shall not preclude financialcontributions from the local authorities concerned or from supplementarysources.

(o) Every record of the agency, whether public or not,shall be open for examination to the Legislature and Controller of the State ofCalifornia and the legislative auditor of the State of Nevada.

(p) Approval by the agency of any project expires 3years after the date of final action by the agency or the effective date of theamendments to this compact, whichever is later, unless construction is begunwithin that time and diligently pursued thereafter, or the use or activity hascommenced. In computing the 3-year period any period of time during which theproject is the subject of a legal action which delays or renders impossible thediligent pursuit of that project shall not be counted. Any license, permit orcertificate issued by the agency which has an expiration date shall be extendedby that period of time during which the project is the subject of such legalaction as provided in this subdivision.

(q) The governing body shall maintain a current list ofreal property known to be available for exchange with the United States or withother owners of real property in order to facilitate exchanges of real propertyby owners of real property in the region.

 

ARTICLE VII. Environmental Impact Statements

 

(a) The Tahoe Regional Planning Agency when acting uponmatters that have a significant effect on the environment shall:

(1) Utilize a systematic, interdisciplinary approachwhich will insure the integrated use of the natural and social sciences and theenvironmental design arts in planning and in decision making which may have animpact on mans environment;

(2) Prepare and consider a detailed environmentalimpact statement before deciding to approve or carry out any project. Thedetailed environmental impact statement shall include the following:

(A) The significant environmental impacts of theproposed project;

(B) Any significant adverse environmental effects whichcannot be avoided should the project be implemented;

(C) Alternatives to the proposed project;

(D) Mitigation measures which must be implemented toassure meeting standards of the region;

(E) The relationship between local short-term uses ofmans environment and the maintenance and enhancement of long-termproductivity;

(F) Any significant irreversible and irretrievablecommitments of resources which would be involved in the proposed project shouldit be implemented; and

(G) The growth-inducing impact of the proposed project;

(3) Study, develop and describe appropriatealternatives to recommended courses of action for any project which involvesunresolved conflicts concerning alternative uses of available resources;

(4) Make available to states, counties, municipalities,institutions and individuals, advice and information useful in restoring,maintaining and enhancing the quality of the regions environment; and

(5) Initiate and utilize ecological information in theplanning and development of resource-oriented projects.

(b) Prior to completing an environmental impactstatement, the agency shall consult with and obtain the comments of anyfederal, state or local agency which has jurisdiction by law or specialexpertise with respect to any environmental impact involved. Copies of suchstatement and the comments and views of the appropriate federal, state andlocal agencies which are authorized to develop and enforce environmentalstandards shall be made available to the public and shall accompany the projectthrough the review processes. The public shall be consulted during the environmentalimpact statement process and views shall be solicited during a public commentperiod not to be less than 60 days.

(c) Any environmental impact statement requiredpursuant to this article need not repeat in its entirety any information ordata which is relevant to such a statement and is a matter of public record oris generally available to the public, such as information contained in anenvironmental impact report prepared pursuant to the California EnvironmentalQuality Act or a federal environmental impact statement prepared pursuant tothe National Environmental Policy Act of 1969. However, such information ordata shall be briefly described in the environmental impact statement and itsrelationship to the environmental impact statement shall be indicated.

In addition, any person may submit information relativeto a proposed project which may be included, in whole or in part, in anyenvironmental impact statement required by this article.

(d) In addition to the written findings specified byagency ordinance to implement the regional plan, the agency shall make eitherof the following written findings before approving a project for which anenvironmental impact statement was prepared:

(1) Changes or alterations have been required in orincorporated into such project which avoid or reduce the significant adverseenvironmental effects to a less than significant level; or

(2) Specific considerations, such as economic, socialor technical, make infeasible the mitigation measures or project alternativesdiscussed in the environmental impact statement on the project.

A separatewritten finding shall be made for each significant effect identified in theenvironmental impact statement on the project. All written findings must be supportedby substantial evidence in the record.

(e) The agency may charge and collect a reasonable feefrom any person proposing a project subject to the provisions of this compactin order to recover the estimated costs incurred by the agency in preparing anenvironmental impact statement under this article.

(f) The agency shall adopt by ordinance a list ofclasses of projects which the agency has determined will not have a significanteffect on the environment and therefore will be exempt from the requirement forthe preparation of an environmental impact statement under this article. Priorto adopting the list, the agency shall make a written finding supported bysubstantial evidence in the record that each class of projects will not have asignificant effect on the environment.

 

ARTICLE VIII. Finances

 

(a) On or before September 30 of each calendar year theagency shall establish the amount of money necessary to support its activitiesfor the next succeeding fiscal year commencing July 1 of the following year.The agency shall apportion $75,000 of this amount among the counties within theregion on the same ratio to the total sum required as the full cash valuationof taxable property within the region in each county bears to the total fullcash valuation of taxable property within the region. In addition, each countywithin the region in California shall pay $18,750 to the agency and each countywithin the region in Nevada, including Carson City, shall pay $12,500 to theagency, from any funds available therefor. The State of California and theState of Nevada may pay to the agency by July 1 of each year any additionalsums necessary to support the operations of the agency pursuant to thiscompact. If additional funds are required, the agency shall make a request forthe funds to the states of California and Nevada. Requests for state funds mustbe apportioned two-thirds from California and one-third from Nevada. Moneyappropriated shall be paid within 30 days.

(b) The agency may fix and collect reasonable fees forany services rendered by it.

(c) The agency shall submit an itemized budget to thestates for review with any request for state funds, shall be strictlyaccountable to any county in the region and the states for all funds paid bythem to the agency and shall be strictly accountable to all participatingbodies for all receipts and disbursement.

(d) The agency is authorized to receive gifts,donations, subventions, grants, and other financial aids and funds; but theagency may not own land except as provided in subdivision (i) of Article III.

(e) The agency shall not obligate itself beyond themoneys due under this article for its support from the several counties and thestates for the current fiscal year, plus any moneys on hand or irrevocablypledged to its support from other sources. No obligation contracted by theagency shall bind either of the party states or any political subdivisionthereof.

 

ARTICLE IX. Transportation District

 

(a) The Tahoe transportation district is herebyestablished as a special purpose district. The boundaries of the district arecoterminous with those of the region.

(b) The business of the district shall be managed by aboard of directors consisting of:

(1) One member of the county board of supervisors ofeach of the counties of El Dorado and Placer;

(2) One member of the city council of the City of SouthLake Tahoe;

(3) One member each of the board of countycommissioners of Douglas County and of Washoe County;

(4) One member of the board of supervisors of CarsonCity;

(5) The director of the California Department ofTransportation; and

(6) The director of the department of transportation ofthe State of Nevada.

Any directormay designate an alternate.

(c) The vote of at least five of the directors mustagree to take action. If at least five votes in favor of an action are notcast, an action of rejection shall be deemed to have been taken.

(d) The Tahoe transportation district may in accordancewith the adopted transportation plan:

(1) Own and operate a public transportation system tothe exclusion of all other publicly owned transportation systems in the region.

(2) Acquire upon mutually agreeable terms any publictransportation system or facility owned by a county, city or special purposedistrict within the region.

(3) Hire the employees of existing publictransportation systems that are acquired by the district without loss ofbenefits to the employees, bargain collectively with employee organizations,and extend pension and other collateral benefits to employees.

(4) Fix the rates and charges for transit servicesprovided pursuant to this subdivision.

(5) Issue revenue bonds and other evidence ofindebtedness.

(6) By resolution, determine and propose for adoption atax for the purpose of obtaining services of the district. The tax proposedmust be general and of uniform operation throughout the region, and may not begraduated in any way. The district is prohibited from imposing an ad valoremtax, a tax measured by gross or net receipts on business, a tax or charge thatis assessed against people or vehicles as they enter or leave the region, andany tax, direct or indirect, on gaming tables and devices. Any such propositionmust be submitted to the voters of the district and shall become effective uponapproval of two-thirds of the voters voting on the proposition. The revenuesfrom any such tax must be used for the service for which it was imposed, andfor no other purpose.

(7) Provide service from inside the region toconvenient airport, railroad and interstate bus terminals without regard to theboundaries of the region.

(e) The legislatures of the states of California andNevada may, by substantively identical enactments, amend this article.

 

ARTICLE X. Miscellaneous

 

(a) It is intended that the provisions of this compactshall be reasonably and liberally construed to effectuate the purposes thereof.Except as provided in subdivision (c), the provisions of this compact shall beseverable and if any phrase, clause, sentence or provision of this compact isdeclared to be contrary to the constitution of any participating state or ofthe United States or the applicability thereof to any government, agency,person or circumstance is held invalid, the validity of the remainder of thiscompact and the applicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If this compact shall be heldcontrary to the constitution of any state participating therein, the compactshall remain in full force and effect as to the remaining state and in fullforce and effect as to the state affected as to all severable matters.

(b) The agency shall have such additional powers andduties as may hereafter be delegated or imposed upon it from time to time bythe action of the Legislature of either state concurred in by the Legislatureof the other.

(c) A state party to this compact may withdrawtherefrom by enacting a statute repealing the compact. Notice of withdrawalshall be communicated officially and in writing to the Governor of the otherstate and to the agency administrators. This provision is not severable, and ifit is held to be unconstitutional or invalid, no other provision of thiscompact shall be binding upon the State of Nevada or the State of California.

(d) No provision of this compact shall have any effectupon the allocation, distribution or storage of interstate waters or upon anyappropriative water right.

(Added to NRS by 1968, 4; A 1979, 1135; 1980, 1)

NRS 277.200 Text of Compact. [Effective upon approvalby the Congress of the United States of the proposed amendments of 1987 andexpires by limitation upon proclamation by the Governor of this State that theState of California has enacted amendments substantially similar to theamendments approved in 1997 by the Legislature of this State.] The Tahoe Regional Planning Compact is as follows:

 

Tahoe RegionalPlanning Compact

 

ARTICLE I. Findings and Declarations of Policy

 

(a) It is found and declared that:

(1) The waters of Lake Tahoe and other resourcesof the region are threatened with deterioration or degeneration, whichendangers the natural beauty and economic productivity of the region.

(2) The public and private interests andinvestments in the region are substantial.

(3) The region exhibits unique environmental andecological values which are irreplaceable.

(4) By virtue of the special conditions andcircumstances of the regions natural ecology, developmental pattern,population distribution and human needs, the region is experiencing problems ofresource use and deficiencies of environmental control.

(5) Increasing urbanization is threatening theecological values of the region and threatening the public opportunities foruse of the public lands.

(6) Maintenance of the social and economichealth of the region depends on maintaining the significant scenic,recreational, educational, scientific, natural and public health valuesprovided by the Lake Tahoe Basin.

(7) There is a public interest in protecting,preserving and enhancing these values for the residents of the region and forvisitors to the region.

(8) Responsibilities for providing recreationaland scientific opportunities, preserving scenic and natural areas, andsafeguarding the public who live, work and play in or visit the region aredivided among local governments, regional agencies, the states of Californiaand Nevada, and the Federal Government.

(9) In recognition of the public investment andmultistate and national significance of the recreational values, the FederalGovernment has an interest in the acquisition of recreational property and themanagement of resources in the region to preserve environmental andrecreational values, and the Federal Government should assist the states infulfilling their responsibilities.

(10) In order to preserve the scenic beauty andoutdoor recreational opportunities of the region, there is a need to insure anequilibrium between the regions natural endowment and its man-madeenvironment.

(b) In order to enhance the efficiency and governmentaleffectiveness of the region, it is imperative that there be established a TahoeRegional Planning Agency with the powers conferred by this compact includingthe power to establish environmental threshold carrying capacities and to adoptand enforce a regional plan and implementing ordinances which will achieve andmaintain such capacities while providing opportunities for orderly growth anddevelopment consistent with such capacities.

(c) The Tahoe Regional Planning Agency shall interpretand administer its plans, ordinances, rules and regulations in accordance withthe provisions of this compact.

 

ARTICLE II. Definitions

 

As used in this compact:

(a) Region, includes Lake Tahoe, the adjacent partsof Douglas and Washoe counties and Carson City, which for the purposes of thiscompact shall be deemed a county, lying within the Tahoe Basin in the State ofNevada, and the adjacent parts of the Counties of Placer and El Dorado lyingwithin the Tahoe Basin in the State of California, and that additional andadjacent part of the County of Placer outside of the Tahoe Basin in the Stateof California which lies southward and eastward of a line starting at theintersection of the basin crestline and the north boundary of Section 1, thencewest to the northwest corner of Section 3, thence south to the intersection ofthe basin crestline and the west boundary of Section 10; all sections referringto Township 15 North, Range 16 East, M.D.B. & M. The region defined and describedherein shall be as precisely delineated on official maps of the agency.

(b) Agency means the Tahoe Regional Planning Agency.

(c) Governing body means the governing board of theTahoe Regional Planning Agency.

(d) Regional plan means the long-term general planfor the development of the region.

(e) Planning commission means the advisory planningcommission appointed pursuant to subdivision (h) of Article III.

(f) Gaming means to deal, operate, carry on, conduct,maintain or expose for play any banking or percentage game played with cards,dice or any mechanical device or machine for money, property, checks, credit orany representative of value, including, without limiting the generality of theforegoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack,seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slotmachine, but does not include social games played solely for drinks, or cigarsor cigarettes served individually, games played in private homes or residencesfor prizes or games operated by charitable or educational organizations, to theextent excluded by applicable state law.

(g) Restricted gaming license means a license tooperate not more than 15 slot machines on which a quarterly fee is chargedpursuant to NRS 463.373 and no othergames.

(h) Project means an activity undertaken by anyperson, including any public agency, if the activity may substantially affectthe land, water, air, space or any other natural resources of the region.

(i) Environmental threshold carrying capacity meansan environmental standard necessary to maintain a significant scenic,recreational, educational, scientific or natural value of the region or tomaintain public health and safety within the region. Such standards shall includebut not be limited to standards for air quality, water quality, soilconservation, vegetation preservation and noise.

(j) Feasible means capable of being accomplished in asuccessful manner within a reasonable period of time, taking into accounteconomic, environmental, social and technological factors.

(k) Areas open to public use means all of the areaswithin a structure housing gaming under a nonrestricted license except areasdevoted to the private use of guests.

(l) Areas devoted to private use of guests meanshotel rooms and hallways to serve hotel room areas, and any parking areas. Ahallway serves hotel room areas if more than 50 percent of the areas on eachside of the hallway are hotel rooms.

(m) Nonrestricted license means a gaming licensewhich is not a restricted gaming license.

 

ARTICLE III. Organization

 

(a) There is created the Tahoe Regional Planning Agencyas a separate legal entity.

The governing body of the agency shall be constitutedas follows:

(1) California delegation:

(A) One member appointed by each of the County Boardsof Supervisors of the Counties of El Dorado and Placer and one member appointedby the City Council of the City of South Lake Tahoe. Any such member may be amember of the county board of supervisors or city council, respectively, andshall reside in the territorial jurisdiction of the governmental body makingthe appointment.

(B) Two members appointed by the Governor ofCalifornia, one member appointed by the Speaker of the Assembly of Californiaand one member appointed by the Senate Rules Committee of the State ofCalifornia. The members appointed pursuant to this subparagraph shall not beresidents of the region and shall represent the public at large within theState of California. A member appointed by the Speaker of the Assembly or theSenate Rules Committee may, subject to confirmation by his or her appointingpower, designate an alternate to attend meetings and vote in the absence of theappointed member. The designation of a named alternate, which shall be inwriting and contain evidence of confirmation by the appointing power, shall bekept on file with the agency. An appointed member may change his or heralternate from time to time, with the confirmation of the appointing power, butshall have only one designated alternate at a time. An alternate shall besubject to those qualifications and requirements prescribed by this compactthat are applicable to the appointed member.

(2) Nevada delegation:

(A) One member appointed by each of the boards ofcounty commissioners of Douglas and Washoe counties and one member appointed bythe board of supervisors of Carson City. Any such member may be a member of theboard of county commissioners or board of supervisors, respectively, and shallreside in the territorial jurisdiction of the governmental body making theappointment.

(B) Two members appointed by the governor of Nevada,one member appointed by the speaker of the assembly and one member appointed bythe majority leader of the Nevada senate. All members appointed pursuant tothis subparagraph shall not be residents of the region and shall represent thepublic at large within the State of Nevada. A member appointed by the speakerof the Nevada assembly or the majority leader of the Nevada senate may, subjectto confirmation by his or her appointing power, designate an alternate toattend meetings and vote in the absence of the appointed member. Thedesignation of a named alternate, which shall be in writing and containevidence of confirmation by the appointing power, shall be kept on file withthe agency. An appointed member may change his or her alternate from time totime, with the confirmation of the appointing power, but shall have only onedesignated alternate at a time. An alternate shall be subject to thosequalifications and requirements prescribed by this compact that are applicableto the appointed member.

(3) If any appointing authority under paragraph (1)(A),(1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days afterthe effective date of the amendments to this compact or the occurrence of avacancy on the governing body, the governor of the state in which theappointing authority is located shall make the appointment. The term of anymember so appointed shall be 1 year.

(4) The position of any member of the governing bodyshall be deemed vacant if such a member is absent from three consecutivemeetings of the governing body in any calendar year.

(5) Each member and employee of the agency shalldisclose his economic interests in the region within 10 days after taking hisseat on the governing board or being employed by the agency and shallthereafter disclose any further economic interest which he acquires, as soon asfeasible after he acquires it. As used in this paragraph, economic interestsmeans:

(A) Any business entity operating in the region inwhich the member or employee has a direct or indirect investment worth morethan $1,000;

(B) Any real property located in the region in whichthe member or employee has a direct or indirect interest worth more than$1,000;

(C) Any source of income attributable to activities inthe region, other than loans by or deposits with a commercial lendinginstitution in the regular course of business, aggregating $250 or more invalue received by or promised to the member within the preceding 12 months; or

(D) Any business entity operating in the region inwhich the member or employee is a director, officer, partner, trustee, employeeor holds any position of management.

No member oremployee of the agency shall make, or attempt to influence, an agency decisionin which he knows or has reason to know he has an economic interest. Membersand employees of the agency must disqualify themselves from making orparticipating in the making of any decision of the agency when it is reasonablyforeseeable that the decision will have a material financial effect,distinguishable from its effect on the public generally, on the economicinterests of the member or employee.

(b) The members of the agency shall serve withoutcompensation, but the expenses of each member shall be met by the body which herepresents in accordance with the law of that body. All other expenses incurredby the governing body in the course of exercising the powers conferred upon itby this compact unless met in some other manner specifically provided, shall bepaid by the agency out of its own funds.

(c) The members of the governing body serve at thepleasure of the appointing authority in each case, but each appointment shallbe reviewed no less often than every 4 years. Members may be reappointed.

(d) The governing body of the agency shall meet at leastmonthly. All meetings shall be open to the public to the extent required by thelaw of the State of California or the State of Nevada, whichever imposes thegreater requirement, applicable to local governments at the time such meetingis held. The governing body shall fix a date for its regular monthly meeting insuch terms as the first Monday of each month, and shall not change such datemore often than once in any calendar year. Notice of the date so fixed shall begiven by publication at least once in a newspaper or combination of newspaperswhose circulation is general throughout the region and in each county a portionof whose territory lies within the region. Notice of any special meeting,except an emergency meeting, shall be given by so publishing the date and placeand posting an agenda at least 5 days prior to the meeting.

(e) The position of a member of the governing bodyshall be considered vacated upon his loss of any of the qualifications requiredfor his appointment and in such event the appointing authority shall appoint asuccessor.

(f) The governing body shall elect from its own membersa chairman and vice chairman, whose terms of office shall be 2 years, and whomay be reelected. If a vacancy occurs in either office, the governing body mayfill such vacancy for the unexpired term.

(g) Four of the members of the governing body from eachstate constitute a quorum for the transaction of the business of the agency.The voting procedures shall be as follows:

(1) For adopting, amending or repealing environmentalthreshold carrying capacities, the regional plan, and ordinances, rules andregulations, and for granting variances from the ordinances, rules andregulations, the vote of at least four of the members of each state agreeingwith the vote of at least four members of the other state shall be required totake action. If there is no vote of at least four of the members from one stateagreeing with the vote of at least four of the members of the other state onthe actions specified in this paragraph, an action of rejection shall be deemedto have been taken.

(2) For approving a project, the affirmative vote of atleast five members from the state in which the project is located and theaffirmative vote of at least nine members of the governing body are required.If at least five members of the governing body from the state in which theproject is located and at least nine members of the entire governing body donot vote in favor of the project, upon a motion for approval, an action ofrejection shall be deemed to have been taken. A decision by the agency toapprove a project shall be supported by a statement of findings, adopted by theagency, which indicates that the project complies with the regional plan andwith applicable ordinances, rules and regulations of the agency.

(3) For routine business and for directing the agencysstaff on litigation and enforcement actions, at least eight members of thegoverning body must agree to take action. If at least eight votes in favor ofsuch action are not cast, an action of rejection shall be deemed to have beentaken.

Wheneverunder the provisions of this compact or any ordinance, rule, regulation orpolicy adopted pursuant thereto, the agency is required to review or approveany project, public or private, the agency shall take final action by vote,whether to approve, to require modification or to reject such project, within180 days after the application for such project is accepted as complete by theagency in compliance with the agencys rules and regulations governing suchdelivery unless the applicant has agreed to an extension of this time limit. Ifa final action by vote does not take place within 180 days, the applicant maybring an action in a court of competent jurisdiction to compel a vote unless hehas agreed to an extension. This provision does not limit the right of anyperson to obtain judicial review of agency action under subdivision (h) ofArticle VI. The vote of each member of the governing body shall be individuallyrecorded. The governing body shall adopt its own rules, regulations andprocedures.

(h) An advisory planning commission shall be appointedby the agency. The commission shall include: the chief planning officers ofPlacer County, El Dorado County, and the City of South Lake Tahoe in Californiaand of Douglas County, Washoe County and Carson City in Nevada, the executiveofficer of the Lahontan Regional Water Quality Control Board of the State ofCalifornia, the executive officer of the Air Resources Board of the State ofCalifornia, the director of the state department of conservation and naturalresources of the State of Nevada, the administrator of the division ofenvironmental protection in the state department of conservation and naturalresources of the State of Nevada, the administrator of the Lake TahoeManagement Unit of the United States Forest Service, and at least four laymembers with an equal number from each state, at least half of whom shall beresidents of the region. Any official member may designate an alternate.

The term of office of each lay member of the advisoryplanning commission shall be 2 years. Members may be reappointed.

The position of each member of the advisory planningcommission shall be considered vacated upon loss of any of the qualificationsrequired for appointment, and in such an event the appointing authority shallappoint a successor.

The advisory planning commission shall elect from itsown members a chairman and a vice chairman, whose terms of office shall be 2years and who may be reelected. If a vacancy occurs in either office, theadvisory planning commission shall fill such vacancy for the unexpired term.

A majority of the members of the advisory planningcommission constitutes a quorum for the transaction of the business of thecommission. A majority vote of the quorum present shall be required to takeaction with respect to any matter.

(i) The agency shall establish and maintain an officewithin the region, and for this purpose the agency may rent or own property andequipment. Every plan, ordinance and other record of the agency which is ofsuch nature as to constitute a public record under the law of either the Stateof California or the State of Nevada shall be open to inspection and copyingduring regular office hours.

(j) Each authority charged under this compact or by thelaw of either state with the duty of appointing a member of the governing bodyof the agency shall by certified copy of its resolution or other action notifythe Secretary of State of its own state of the action taken.

 

ARTICLE IV. Personnel

 

(a) The governing body shall determine thequalification of, and it shall appoint and fix the salary of, the executiveofficer of the agency, and shall employ such other staff and legal counsel asmay be necessary to execute the powers and functions provided for under thiscompact or in accordance with any intergovernmental contracts or agreements theagency may be responsible for administering.

(b) Agency personnel standards and regulations shallconform insofar as possible to the regulations and procedures of the civilservice of the State of California or the State of Nevada, as may be determinedby the governing body of the agency; and shall be regional and bistate inapplication and effect; provided that the governing body may, foradministrative convenience and at its discretion, assign the administration ofdesignated personnel arrangements to an agency of either state, and providedthat administratively convenient adjustments be made in the standards and regulationsgoverning personnel assigned under intergovernmental agreements.

(c) The agency may establish and maintain orparticipate in such additional programs of employee benefits as may beappropriate to afford employees of the agency terms and conditions ofemployment similar to those enjoyed by employees of California and Nevadagenerally.

 

ARTICLE V. Planning

 

(a) In preparing each of the plans required by thisarticle and each amendment thereto, if any, subsequent to its adoption, theplanning commission after due notice shall hold at least one public hearingwhich may be continued from time to time, and shall review the testimony andany written recommendations presented at such hearing before recommending theplan or amendment. The notice required by this subdivision shall be given atleast 20 days prior to the public hearing by publication at least once in anewspaper or combination of newspapers whose circulation is general throughoutthe region and in each county a portion of whose territory lies within theregion.

The planning commission shall then recommend such planor amendment to the governing body for adoption by ordinance. The governingbody may adopt, modify or reject the proposed plan or amendment, or mayinitiate and adopt a plan or amendment without referring it to the planning commission.If the governing body initiates or substantially modifies a plan or amendment,it shall hold at least one public hearing thereon after due notice as requiredin this subdivision.

If a request is made for the amendment of the regionalplan by:

(1) A political subdivision a part of whose territorywould be affected by such amendment; or

(2) The owner or lessee of real property which would beaffected by such amendment,

thegoverning body shall complete its action on such amendment within 180 daysafter such request is accepted as complete according to standards which must beprescribed by ordinance of the agency.

(b) The agency shall develop, in cooperation with thestates of California and Nevada, environmental threshold carrying capacitiesfor the region. The agency should request the Presidents Council onEnvironmental Quality, the United States Forest Service and other appropriateagencies to assist in developing such environmental threshold carryingcapacities. Within 18 months after the effective date of the amendments to thiscompact, the agency shall adopt environmental threshold carrying capacities forthe region.

(c) Within 1 year after the adoption of theenvironmental threshold carrying capacities for the region, the agency shallamend the regional plan so that, at a minimum, the plan and all of itselements, as implemented through agency ordinances, rules and regulations,achieves and maintains the adopted environmental threshold carrying capacities.Each element of the plan shall contain implementation provisions and timeschedules for such implementation by ordinance. The planning commission andgoverning body shall continuously review and maintain the regional plan. Theregional plan shall consist of a diagram, or diagrams, and text, or textssetting forth the projects and proposals for implementation of the regionalplan, a description of the needs and goals of the region and a statement of thepolicies, standards and elements of the regional plan.

The regional plan shall be a single enforceable planand includes all of the following correlated elements:

(1) A land-use plan for the integrated arrangement andgeneral location and extent of, and the criteria and standards for, the uses ofland, water, air, space and other natural resources within the region,including but not limited to, an indication or allocation of maximum populationdensities and permitted uses.

(2) A transportation plan for the integrateddevelopment of a regional system of transportation, including but not limitedto parkways, highways, transportation facilities, transit routes, waterways,navigation facilities, public transportation facilities, bicycle facilities,and appurtenant terminals and facilities for the movement of people and goodswithin the region. The goal of transportation planning shall be:

(A) To reduce dependency on the automobile by makingmore effective use of existing transportation modes and of public transit tomove people and goods within the region; and

(B) To reduce to the extent feasible air pollutionwhich is caused by motor vehicles.

Whereincreases in capacity are required, the agency shall give preference to providingsuch capacity through public transportation and public programs and projectsrelated to transportation. The agency shall review and consider all existingtransportation plans in preparing its regional transportation plan pursuant tothis paragraph.

The plan shall provide for an appropriate transitsystem for the region.

The plan shall give consideration to:

(A) Completion of the Loop Road in the states of Nevadaand California;

(B) Utilization of a light rail mass transit system inthe South Shore area; and

(C) Utilization of a transit terminal in the KingsburyGrade area.

Until theregional plan is revised, or a new transportation plan is adopted in accordancewith this paragraph, the agency has no effective transportation plan.

(3) A conservation plan for the preservation,development, utilization, and management of the scenic and other naturalresources within the basin, including but not limited to, soils, shoreline andsubmerged lands, scenic corridors along transportation routes, open spaces,recreational and historical facilities.

(4) A recreation plan for the development, utilization,and management of the recreational resources of the region, including but notlimited to, wilderness and forested lands, parks and parkways, riding andhiking trails, beaches and playgrounds, marinas, areas for skiing and otherrecreational facilities.

(5) A public services and facilities plan for thegeneral location, scale and provision of public services and facilities, which,by the nature of their function, size, extent and other characteristics arenecessary or appropriate for inclusion in the regional plan.

In formulating and maintaining the regional plan, theplanning commission and governing body shall take account of and shall seek toharmonize the needs of the region as a whole, the plans of the counties andcities within the region, the plans and planning activities of the state,federal and other public agencies and nongovernmental agencies andorganizations which affect or are concerned with planning and developmentwithin the region.

(d) The regional plan shall provide for attaining andmaintaining federal, state, or local air and water quality standards, whicheverare strictest, in the respective portions of the region for which the standardsare applicable.

The agency may, however, adopt air or water qualitystandards or control measures more stringent than the applicable stateimplementation plan or the applicable federal, state, or local standards forthe region, if it finds that such additional standards or control measures arenecessary to achieve the purposes of this compact. Each element of the regionalplan, where applicable, shall, by ordinance, identify the means and timeschedule by which air and water quality standards will be attained.

(e) Except for the Regional Transportation Plan of theCalifornia Tahoe Regional Planning Agency, the regional plan, ordinances, rulesand regulations adopted by the California Tahoe Regional Planning Agency ineffect on July 1, 1980, shall be the regional plan, ordinances, rules andregulations of the Tahoe Regional Planning Agency for that portion of the Tahoeregion located in the State of California. Such plan, ordinance, rule orregulation may be amended or repealed by the governing body of the agency. Theplans, ordinances, rules and regulations of the Tahoe Regional Planning Agencythat do not conflict with, or are not addressed by, the California TahoeRegional Planning Agencys plans, ordinances, rules and regulations referred toin this subdivision shall continue to be applicable unless amended or repealedby the governing body of the agency. No provision of the regional plan, ordinances,rules and regulations of the California Tahoe Regional Planning Agency referredto in this subdivision shall apply to that portion of the region within theState of Nevada, unless such provision is adopted for the Nevada portion of theregion by the governing body of the agency.

(f) The regional plan, ordinances, rules andregulations of the Tahoe Regional Planning Agency apply to that portion of theregion within the State of Nevada.

(g) The agency shall adopt ordinances prescribingspecific written findings that the agency must make prior to approving anyproject in the region. These findings shall relate to environmental protectionand shall insure that the project under review will not adversely affectimplementation of the regional plan and will not cause the adoptedenvironmental threshold carrying capacities of the region to be exceeded.

(h) The agency shall maintain the data, maps and otherinformation developed in the course of formulating and administering theregional plan, in a form suitable to assure a consistent view of developmentaltrends and other relevant information for the availability of and use by otheragencies of government and by private organizations and individuals concerned.

(i) Where necessary for the realization of the regionalplan, the agency may engage in collaborative planning with local governmentaljurisdictions located outside the region, but contiguous to its boundaries. Informulating and implementing the regional plan, the agency shall seek thecooperation and consider the recommendations of counties and cities and otheragencies of local government, of state and federal agencies, of educationalinstitutions and research organizations, whether public or private, and ofcivic groups and private persons.

 

ARTICLE VI. Agencys Powers

 

(a) The governing body shall adopt all necessaryordinances, rules, and regulations to effectuate the adopted regional plan.Except as otherwise provided in this compact, every such ordinance, rule orregulation shall establish a minimum standard applicable throughout the region.Any political subdivision or public agency may adopt and enforce an equal orhigher requirement applicable to the same subject of regulation in itsterritory. The regulations of the agency shall contain standards including butnot limited to the following: water purity and clarity; subdivision; zoning;tree removal; solid waste disposal; sewage disposal; land fills, excavations,cuts and grading; piers, harbors, breakwaters or channels and other shorelinedevelopments; waste disposal in shoreline areas; waste disposal from boats;mobile-home parks; house relocation; outdoor advertising; floodplainprotection; soil and sedimentation control; air pollution; and watershedprotection. Whenever possible without diminishing the effectiveness of theregional plan, the ordinances, rules, regulations and policies shall beconfined to matters which are general and regional in application, leaving tothe jurisdiction of the respective states, counties and cities the enactment ofspecific and local ordinances, rules, regulations and policies which conform tothe regional plan.

The agency shall prescribe by ordinance thoseactivities which it has determined will not have substantial effect on theland, water, air, space or any other natural resources in the region andtherefore will be exempt from its review and approval.

Every ordinance adopted by the agency shall bepublished at least once by title in a newspaper or combination of newspaperswhose circulation is general throughout the region. Except an ordinanceadopting or amending the regional plan, no ordinance shall become effectiveuntil 60 days after its adoption. Immediately after its adoption, a copy ofeach ordinance shall be transmitted to the governing body of each politicalsubdivision having territory within the region.

(b) No project other than those to be reviewed andapproved under the special provisions of subdivisions (d), (e), (f) and (g) maybe developed in the region without obtaining the review and approval of theagency and no project may be approved unless it is found to comply with theregional plan and with the ordinances, rules and regulations enacted pursuantto subdivision (a) to effectuate that plan.

The agency may approve a project in the region onlyafter making the written findings required by this subdivision or subdivision(g) of Article V. Such findings shall be based on substantial evidence in therecord.

Before adoption by the agency of the ordinancesrequired in subdivision (g) of Article V, the agency may approve a project inthe region only after making written findings on the basis of substantialevidence in the record that the project is consistent with the regional planthen in effect and with applicable plans, ordinances, regulations, andstandards of federal and state agencies relating to the protection, maintenanceand enhancement of environmental quality in the region.

(c) The legislatures of the states of California andNevada find that in order to make effective the regional plan as revised by theagency, it is necessary to halt temporarily works of development in the regionwhich might otherwise absorb the entire capability of the region for furtherdevelopment or direct it out of harmony with the ultimate plan. Subject to thelimitation provided in this subdivision, from the effective date of theamendments to this compact until the regional plan is amended pursuant to subdivision(c) of Article V, or until May 1, 1983, whichever is earlier:

(1) Except as otherwise provided in this paragraph, nonew subdivision, planned unit development, or condominium project may beapproved unless a complete tentative map or plan has been approved before theeffective date of the amendments to this compact by all agencies havingjurisdiction. The subdivision of land owned by a general improvement district,which existed and owned the land before the effective date of the amendments tothis compact, may be approved if subdivision of the land is necessary to avoidinsolvency of the district.

(2) Except as provided in paragraph (3), no apartmentbuilding may be erected unless the required permits for such building have beensecured from all agencies having jurisdiction, prior to the effective date ofthe amendments to this compact.

(3) During each of the calendar years 1980, 1981 and1982, no city or county may issue building permits which authorize theconstruction of a greater number of new residential units within the regionthan were authorized within the region by building permits issued by that cityor county during the calendar year 1978. For the period of January throughApril, 1983, building permits authorizing the construction of no more thanone-third of that number may be issued by each such city or county. Forpurposes of this paragraph a residential unit means either a single familyresidence or an individual residential unit within a larger building, such asan apartment building, a duplex or a condominium.

The legislatures find the respective numbers ofresidential units authorized within the region during the calendar year 1978 tobe as follows:

1. City of South Lake Tahoe and El Dorado County(combined)..................... 252

2. Placer County....................................................................................................... 278

3. Carson City........................................................................................................... -0-

4. Douglas County.................................................................................................. 339

5. Washoe County.................................................................................................. 739

(4) During each of the calendar years 1980, 1981 and1982, no city or county may issue building permits which authorize constructionof a greater square footage of new commercial buildings within the region thanwere authorized within the region by building permits for commercial purposesissued by that city or county during the calendar year 1978. For the period ofJanuary through April, 1983, building permits authorizing the construction ofno more than one-third the amount of that square footage may be issued by eachsuch city or county.

The legislatures find the respective square footages ofcommercial buildings authorized within the region during calendar year 1978 tobe as follows:

1. City of South Lake Tahoe and El Dorado County(combined)................... 64,324

2. Placer County..................................................................................................... 23,000

3. Carson City......................................................................................................... -0-

4. Douglas County................................................................................................ 57,354

5. Washoe County................................................................................................ 50,600

(5) No structure may be erected to house gaming under anonrestricted license.

(6) No facility for the treatment of sewage may beconstructed or enlarged except:

(A) To comply, as ordered by the appropriate stateagency for the control of water pollution, with existing limitations ofeffluent under the Clean Water Act, 33 U.S.C. 1251 et seq., and theapplicable state law for control of water pollution;

(B) To accommodate development which is not prohibitedor limited by this subdivision; or

(C) In the case of Douglas County Sewer District # 1,to modify or otherwise alter sewage treatment facilities existing on theeffective date of the amendments to this compact so that such facilities willbe able to treat the total volume of effluent for which they were originallydesigned, which is 3.0 million gallons per day. Such modification or alterationis not a project; is not subject to the requirements of Article VII; and doesnot require a permit from the agency. Before commencing such modification oralteration, however, the district shall submit to the agency its reportidentifying any significant soil erosion problems which may be caused by suchmodifications or alterations and the measures which the district proposes totake to mitigate or avoid such problems.

The moratorium imposed by this subdivision does notapply to work done pursuant to a right vested before the effective date of theamendments to this compact. Notwithstanding the expiration date of themoratorium imposed by this subdivision, no new highway may be built or existinghighway widened to accommodate additional continuous lanes for automobilesuntil the regional transportation plan is revised and adopted.

The moratorium imposed by this subdivision does notapply to the construction of any parking garage which has been approved by theagency prior to May 4, 1979, whether that approval was affirmative or bydefault. The provisions of this paragraph are not an expression of legislativeintent that any such parking garage, the approval of which is the subject oflitigation which was pending on the effective date of the amendments to thiscompact, should or should not be constructed. The provisions of this paragraphare intended solely to permit construction of such a parking garage if ajudgment sustaining the agencys approval to construct that parking garage hasbecome final and no appeal is pending or may lawfully be taken to a highercourt.

(d) Subject to the final order of any court ofcompetent jurisdiction entered in litigation contesting the validity of anapproval by the Tahoe Regional Planning Agency, whether that approval wasaffirmative or by default, if that litigation was pending on May 4, 1979, theagency and the states of California and Nevada shall recognize as a permittedand conforming use:

(1) Every structure housing gaming under anonrestricted license which existed as a licensed gaming establishment on May4, 1979, or whose construction was approved by the Tahoe Regional PlanningAgency affirmatively or deemed approved before that date. The construction oruse of any structure to house gaming under a nonrestricted license not soexisting or approved, or the enlargement in cubic volume of any such existingor approved structure is prohibited.

(2) Every other nonrestricted gaming establishment whoseuse was seasonal and whose license was issued before May 4, 1979, for the sameseason and for the number and type of games and slot machines on which taxes orfees were paid in the calendar year 1978.

(3) Gaming conducted pursuant to a restricted gaminglicense issued before May 4, 1979, to the extent permitted by that license onthat date.

The areawithin any structure housing gaming under a nonrestricted license which may beopen to public use (as distinct from that devoted to the private use of guestsand exclusive of any parking area) is limited to the area existing or approvedfor public use on May 4, 1979. Within these limits, any external modificationof the structure which requires a permit from a local government also requiresapproval from the agency. The agency shall not permit restaurants, conventionfacilities, showrooms or other public areas to be constructed elsewhere in theregion outside the structure in order to replace areas existing or approved forpublic use on May 4, 1979.

(e) Any structure housing licensed gaming may berebuilt or replaced to a size not to exceed the cubic volume, height and landcoverage existing or approved on May 4, 1979, without the review or approval ofthe agency or any planning or regulatory authority of the State of Nevada whosereview or approval would be required for a new structure.

(f) The following provisions apply to any internal orexternal modification, remodeling, change in use, or repair of a structurehousing gaming under a nonrestricted license which is not prohibited bysubdivision (d):

(1) The agencys review of an external modification ofthe structure which requires a permit from a local government is limited todetermining whether the external modification will do any of the following:

(A) Enlarge the cubic volume of the structure;

(B) Increase the total square footage of area open toor approved for public use on May 4, 1979;

(C) Convert an area devoted to the private use ofguests to an area open to public use;

(D) Increase the public area open to public use whichis used for gaming beyond the limits contained in paragraph (3); and

(E) Conflict with or be subject to the provisions ofany of the agencys ordinances that are generally applicable throughout theregion.

The agencyshall make this determination within 60 days after the proposal is delivered tothe agency in compliance with the agencys rules or regulations governing suchdelivery unless the applicant has agreed to an extension of this time limit. Ifan external modification is determined to have any of the effects enumerated insubparagraphs (A) through (C), it is prohibited. If an external modification isdetermined to have any of the effects enumerated in subparagraph (D) or (E), itis subject to the applicable provisions of this compact. If an externalmodification is determined to have no such effect, it is not subject to theprovisions of this compact.

(2) Except as provided in paragraph (3), internalmodification, remodeling, change in use or repair of a structure housing gamingunder a nonrestricted license is not a project and does not require the reviewor approval of the agency.

(3) Internal modification, remodeling, change in use orrepair of areas open to public use within a structure housing gaming under anonrestricted license which alone or in combination with any other suchmodification, remodeling, change in use or repair will increase the totalportion of those areas which is actually used for gaming by more than theproduct of the total base area, as defined below, in square feet existing on orapproved before August 4, 1980, multiplied by 15 percent constitutes a projectand is subject to all of the provisions of this compact relating to projects.For purposes of this paragraph and the determination required by subdivision(g), base area means all of the area within a structure housing gaming under anonrestricted license which may be open to public use, whether or not gaming isactually conducted or carried on in that area, except retail stores, conventioncenters and meeting rooms, administrative offices, kitchens, maintenance andstorage areas, rest rooms, engineering and mechanical rooms, accounting roomsand counting rooms.

(g) In order to administer and enforce the provisionsof subdivisions (d), (e) and (f) the State of Nevada, through its appropriateplanning or regulatory agency, shall require the owner or licensee of astructure housing gaming under a nonrestricted license to provide:

(1) Documents containing sufficient information for theNevada agency to establish the following relative to the structure:

(A) The location of its external walls;

(B) Its total cubic volume;

(C) Within its external walls, the area in square feetopen or approved for public use and the area in square feet devoted to orapproved for the private use of guests on May 4, 1979;

(D) The amount of surface area of land under thestructure; and

(E) The base area as defined in paragraph (3) of subdivision(f) in square feet existing on or approved before August 4, 1980.

(2) An informational report whenever any internalmodification, remodeling, change in use, or repair will increase the totalportion of the areas open to public use which is used for gaming.

The Nevada agency shall transmit this information tothe Tahoe Regional Planning Agency.

(h) Gaming conducted pursuant to a restricted gaminglicense is exempt from review by the agency if it is incidental to the primaryuse of the premises.

(i) The provisions of subdivisions (d) and (e) areintended only to limit gaming and related activities as conducted within agaming establishment, or construction designed to permit the enlargement ofsuch activities, and not to limit any other use of property zoned forcommercial use or the accommodation of tourists, as approved by the agency.

(j) Legal actions arising out of or alleging aviolation of the provisions of this compact, of the regional plan or of anordinance or regulation of the agency or of a permit or a condition of a permitissued by the agency are governed by the following provisions:

(1) This subdivision applies to:

(A) Actions arising out of activities directlyundertaken by the agency.

(B) Actions arising out of the issuance to a person ofa lease, permit, license or other entitlement for use by the agency.

(C) Actions arising out of any other act or failure toact by any person or public agency.

Such legalactions may be filed and the provisions of this subdivision apply equally inthe appropriate courts of California and Nevada and of the United States.

(2) Venue lies:

(A) If a civil or criminal action challenges anactivity by the agency or any person which is undertaken or to be undertakenupon a parcel of real property, in the state or federal judicial district wherethe real property is situated.

(B) If an action challenges an activity which does notinvolve a specific parcel of land (such as an action challenging an ordinanceof the agency), in any state or federal court having jurisdiction within theregion.

(3) Any aggrieved person may file an action in anappropriate court of the State of California or Nevada or of the United Statesalleging noncompliance with the provisions of this compact or with an ordinanceor regulation of the agency. In the case of governmental agencies, aggrievedperson means the Tahoe Regional Planning Agency or any state, federal or localagency. In the case of any person other than a governmental agency whochallenges an action of the Tahoe Regional Planning Agency, aggrieved personmeans any person who has appeared, either in person, through an authorizedrepresentative, or in writing, before the agency at an appropriateadministrative hearing to register objection to the action which is being challenged,or who had good cause for not making such an appearance.

(4) A legal action arising out of the adoption oramendment of the regional plan or of any ordinance or regulation of the agency,or out of the granting or denial of any permit, shall be commenced within 60days after final action by the agency. All other legal actions shall becommenced within 65 days after discovery of the cause of action.

(5) In any legal action filed pursuant to thissubdivision which challenges an adjudicatory act or decision of the agency toapprove or disapprove a project, the scope of judicial inquiry shall extendonly to whether there was prejudicial abuse of discretion. Prejudicial abuse ofdiscretion is established if the agency has not proceeded in a manner requiredby law or if the act or decision of the agency was not supported by substantialevidence in light of the whole record. In making such a determination the courtshall not exercise its independent judgment on evidence but shall onlydetermine whether the act or decision was supported by substantial evidence inlight of the whole record. In any legal action filed pursuant to this subdivisionwhich challenges a legislative act or decision of the agency (such as theadoption of the regional plan and the enactment of implementing ordinances),the scope of the judicial inquiry shall extend only to the questions of whetherthe act or decision has been arbitrary, capricious or lacking substantialevidentiary support or whether the agency has failed to proceed in a mannerrequired by law.

(6) The provisions of this subdivision do not apply toany legal proceeding pending on the date when this subdivision becomeseffective. Any such legal proceeding shall be conducted and concluded under theprovisions of law which were applicable prior to the effective date of thissubdivision.

(7) The security required for the issuance of atemporary restraining order or preliminary injunction based upon an allegedviolation of this compact or any ordinance, plan, rule or regulation adoptedpursuant thereto is governed by the rule or statute applicable to the court inwhich the action is brought, unless the action is brought by a public agency orpolitical subdivision to enforce its own rules, regulations and ordinances in whichcase no security shall be required.

(k) The agency shall monitor activities in the regionand may bring enforcement actions in the region to ensure compliance with theregional plan and adopted ordinances, rules, regulations and policies. If it isfound that the regional plan, or ordinances, rules, regulations and policiesare not being enforced by a local jurisdiction, the agency may bring action ina court of competent jurisdiction to ensure compliance.

(l) Any person who violates any provision of thiscompact or of any ordinance or regulation of the agency or of any condition ofapproval imposed by the agency is subject to a civil penalty not to exceed$5,000. Any such person is subject to an additional civil penalty not to exceed$5,000 per day, for each day on which such a violation persists. In imposingthe penalties authorized by this subdivision, the court shall consider thenature of the violation and shall impose a greater penalty if it was willful orresulted from gross negligence than if it resulted from inadvertence or simplenegligence.

(m) The agency is hereby empowered to initiate,negotiate and participate in contracts and agreements among the localgovernmental authorities of the region, or any other intergovernmentalcontracts or agreements authorized by state or federal law.

(n) Each intergovernmental contract or agreement shallprovide for its own funding and staffing, but this shall not preclude financialcontributions from the local authorities concerned or from supplementarysources.

(o) Every record of the agency, whether public or not,shall be open for examination to the Legislature and Controller of the State ofCalifornia and the legislative auditor of the State of Nevada.

(p) Approval by the agency of any project expires 3years after the date of final action by the agency or the effective date of theamendments to this compact, whichever is later, unless construction is begunwithin that time and diligently pursued thereafter, or the use or activity hascommenced. In computing the 3-year period any period of time during which theproject is the subject of a legal action which delays or renders impossible thediligent pursuit of that project shall not be counted. Any license, permit orcertificate issued by the agency which has an expiration date shall be extendedby that period of time during which the project is the subject of such legalaction as provided in this subdivision.

(q) The governing body shall maintain a current list ofreal property known to be available for exchange with the United States or withother owners of real property in order to facilitate exchanges of real propertyby owners of real property in the region.

 

ARTICLE VII. Environmental Impact Statements

 

(a) The Tahoe Regional Planning Agency when acting uponmatters that have a significant effect on the environment shall:

(1) Utilize a systematic, interdisciplinary approachwhich will insure the integrated use of the natural and social sciences and theenvironmental design arts in planning and in decision making which may have animpact on mans environment;

(2) Prepare and consider a detailed environmentalimpact statement before deciding to approve or carry out any project. Thedetailed environmental impact statement shall include the following:

(A) The significant environmental impacts of theproposed project;

(B) Any significant adverse environmental effects whichcannot be avoided should the project be implemented;

(C) Alternatives to the proposed project;

(D) Mitigation measures which must be implemented toassure meeting standards of the region;

(E) The relationship between local short-term uses ofmans environment and the maintenance and enhancement of long-termproductivity;

(F) Any significant irreversible and irretrievablecommitments of resources which would be involved in the proposed project shouldit be implemented; and

(G) The growth-inducing impact of the proposed project;

(3) Study, develop and describe appropriatealternatives to recommended courses of action for any project which involvesunresolved conflicts concerning alternative uses of available resources;

(4) Make available to states, counties, municipalities,institutions and individuals, advice and information useful in restoring,maintaining and enhancing the quality of the regions environment; and

(5) Initiate and utilize ecological information in theplanning and development of resource-oriented projects.

(b) Prior to completing an environmental impactstatement, the agency shall consult with and obtain the comments of anyfederal, state or local agency which has jurisdiction by law or specialexpertise with respect to any environmental impact involved. Copies of suchstatement and the comments and views of the appropriate federal, state andlocal agencies which are authorized to develop and enforce environmentalstandards shall be made available to the public and shall accompany the projectthrough the review processes. The public shall be consulted during the environmentalimpact statement process and views shall be solicited during a public commentperiod not to be less than 60 days.

(c) Any environmental impact statement requiredpursuant to this article need not repeat in its entirety any information ordata which is relevant to such a statement and is a matter of public record oris generally available to the public, such as information contained in anenvironmental impact report prepared pursuant to the California EnvironmentalQuality Act or a federal environmental impact statement prepared pursuant tothe National Environmental Policy Act of 1969. However, such information ordata shall be briefly described in the environmental impact statement and itsrelationship to the environmental impact statement shall be indicated.

In addition, any person may submit information relativeto a proposed project which may be included, in whole or in part, in anyenvironmental impact statement required by this article.

(d) In addition to the written findings specified byagency ordinance to implement the regional plan, the agency shall make eitherof the following written findings before approving a project for which anenvironmental impact statement was prepared:

(1) Changes or alterations have been required in orincorporated into such project which avoid or reduce the significant adverseenvironmental effects to a less than significant level; or

(2) Specific considerations, such as economic, socialor technical, make infeasible the mitigation measures or project alternativesdiscussed in the environmental impact statement on the project.

A separatewritten finding shall be made for each significant effect identified in theenvironmental impact statement on the project. All written findings must be supportedby substantial evidence in the record.

(e) The agency may charge and collect a reasonable feefrom any person proposing a project subject to the provisions of this compactin order to recover the estimated costs incurred by the agency in preparing anenvironmental impact statement under this article.

(f) The agency shall adopt by ordinance a list ofclasses of projects which the agency has determined will not have a significanteffect on the environment and therefore will be exempt from the requirement forthe preparation of an environmental impact statement under this article. Priorto adopting the list, the agency shall make a written finding supported bysubstantial evidence in the record that each class of projects will not have asignificant effect on the environment.

 

ARTICLE VIII. Finances

 

(a) On or before September 30 of each calendar year theagency shall establish the amount of money necessary to support its activitiesfor the next succeeding fiscal year commencing July 1 of the following year.The agency shall apportion $75,000 of this amount among the counties within theregion on the same ratio to the total sum required as the full cash valuationof taxable property within the region in each county bears to the total fullcash valuation of taxable property within the region. In addition, each countywithin the region in California shall pay $18,750 to the agency and each countywithin the region in Nevada, including Carson City, shall pay $12,500 to theagency, from any funds available therefor. The State of California and theState of Nevada may pay to the agency by July 1 of each year any additionalsums necessary to support the operations of the agency pursuant to thiscompact. If additional funds are required, the agency shall make a request forthe funds to the states of California and Nevada. Requests for state funds mustbe apportioned two-thirds from California and one-third from Nevada. Moneyappropriated shall be paid within 30 days.

(b) The agency may fix and collect reasonable fees forany services rendered by it.

(c) The agency shall submit an itemized budget to thestates for review with any request for state funds, shall be strictlyaccountable to any county in the region and the states for all funds paid bythem to the agency and shall be strictly accountable to all participatingbodies for all receipts and disbursement.

(d) The agency is authorized to receive gifts,donations, subventions, grants, and other financial aids and funds; but theagency may not own land except as provided in subdivision (i) of Article III.

(e) The agency shall not obligate itself beyond themoneys due under this article for its support from the several counties and thestates for the current fiscal year, plus any moneys on hand or irrevocablypledged to its support from other sources. No obligation contracted by theagency shall bind either of the party states or any political subdivisionthereof.

 

ARTICLE IX. Transportation District

 

(a) The Tahoe transportation district is herebyestablished as a special purpose district. The boundaries of the district arecoterminous with those of the region.

(b) The business of the district shall be managed by aboard of directors consisting of:

(1) One member of the county board of supervisors ofeach of the counties of El Dorado and Placer;

(2) One member of the city council of the City of SouthLake Tahoe;

(3) One member each of the board of countycommissioners of Douglas County and of Washoe County;

(4) One member of the board of supervisors of CarsonCity;

(5) The director of the California Department ofTransportation; and

(6) The director of the department of transportation ofthe State of Nevada.

Any directormay designate an alternate.

(c) The vote of at least five of the directors mustagree to take action. If at least five votes in favor of an action are notcast, an action of rejection shall be deemed to have been taken.

(d) The Tahoe transportation district may by resolutionestablish procedures for the adoption of its budgets, the appropriation of itsmoney and the carrying on of its other financial activities. These proceduresmust conform insofar as is practicable to the procedures for financialadministration of the State of California or the State of Nevada or one or moreof the local governments in the region.

(e) The Tahoe transportation district may in accordancewith the adopted transportation plan:

(1) Own and operate a public transportation system tothe exclusion of all other publicly owned transportation systems in the region.

(2) Acquire upon mutually agreeable terms any publictransportation system or facility owned by a county, city or special purposedistrict or any privately owned transportation system or facility within theregion.

(3) Hire the employees of existing publictransportation systems that are acquired by the district without loss ofbenefits to the employees, bargain collectively with employee organizations,and extend pension and other collateral benefits to employees.

(4) Contract with private companies to providesupplementary transportation or provide any of the services needed in operatinga system of transportation for the region.

(5) Fix the rates and charges for transit servicesprovided pursuant to this subdivision.

(6) Issue revenue bonds and other evidence ofindebtedness and make other financial arrangements appropriate for developingand operating a public transportation system.

(7) By resolution, determine and propose for adoption atax for the purpose of obtaining services of the district. The tax proposedmust be general and of uniform operation throughout the region, and may not begraduated in any way, except for a sales and use tax which, if approved by thevoters, may be administered by the states of California and Nevada respectivelyin accordance with the laws that apply within their respective jurisdictions.The district is prohibited from imposing any other tax measured by gross or netreceipts on business, an ad valorem tax, a tax or charge that is assessedagainst people or vehicles as they enter or leave the region, and any tax,direct or indirect, on gaming tables and devices. Any such proposition must besubmitted to the voters of the district and shall become effective uponapproval of a majority of the voters voting on the proposition. The revenuesfrom any such tax must be used for the service for which it was imposed, andfor no other purpose.

(8) Provide service from inside the region toconvenient airport, railroad and interstate bus terminals without regard to theboundaries of the region.

(f) The legislatures of the states of California andNevada may, by substantively identical enactments, amend this article.

 

ARTICLE X. Miscellaneous

 

(a) It is intended that the provisions of this compactshall be reasonably and liberally construed to effectuate the purposes thereof.Except as provided in subdivision (c), the provisions of this compact shall beseverable and if any phrase, clause, sentence or provision of this compact isdeclared to be contrary to the constitution of any participating state or ofthe United States or the applicability thereof to any government, agency,person or circumstance is held invalid, the validity of the remainder of thiscompact and the applicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If this compact shall be heldcontrary to the constitution of any state participating therein, the compactshall remain in full force and effect as to the remaining state and in fullforce and effect as to the state affected as to all severable matters.

(b) The agency shall have such additional powers andduties as may hereafter be delegated or imposed upon it from time to time bythe action of the Legislature of either state concurred in by the Legislatureof the other.

(c) A state party to this compact may withdrawtherefrom by enacting a statute repealing the compact. Notice of withdrawalshall be communicated officially and in writing to the Governor of the otherstate and to the agency administrators. This provision is not severable, and ifit is held to be unconstitutional or invalid, no other provision of thiscompact shall be binding upon the State of Nevada or the State of California.

(d) No provision of this compact shall have any effectupon the allocation, distribution or storage of interstate waters or upon anyappropriative water right.

(Added to NRS by 1968, 4; A 1979, 1135; 1980, 1;1987, 28, effective upon approval by the Congress of the United States of theproposed amendments of 1987 and expires by limitation upon proclamation by theGovernor of this State that the State of California has enacted amendmentssubstantially similar to the amendments approved in 1997 by the Legislature ofthis State)

NRS 277.200 Text of Compact. [Effective uponproclamation by the Governor of this State that the State of California hasenacted amendments substantially similar to the amendments approved in 1997 bythe Legislature of this State and expires by limitation upon approval by theCongress of the United States of the proposed amendments of 1987.] The Tahoe Regional Planning Compact is as follows:

 

Tahoe RegionalPlanning Compact

 

ARTICLE I. Findings and Declarations of Policy

 

(a) It is found and declared that:

(1) The waters of Lake Tahoe and other resourcesof the region are threatened with deterioration or degeneration, whichendangers the natural beauty and economic productivity of the region.

(2) The public and private interests andinvestments in the region are substantial.

(3) The region exhibits unique environmental andecological values which are irreplaceable.

(4) By virtue of the special conditions andcircumstances of the regions natural ecology, developmental pattern,population distribution and human needs, the region is experiencing problems ofresource use and deficiencies of environmental control.

(5) Increasing urbanization is threatening theecological values of the region and threatening the public opportunities foruse of the public lands.

(6) Maintenance of the social and economichealth of the region depends on maintaining the significant scenic,recreational, educational, scientific, natural and public health valuesprovided by the Lake Tahoe Basin.

(7) There is a public interest in protecting,preserving and enhancing these values for the residents of the region and forvisitors to the region.

(8) Responsibilities for providing recreationaland scientific opportunities, preserving scenic and natural areas, andsafeguarding the public who live, work and play in or visit the region aredivided among local governments, regional agencies, the states of Californiaand Nevada, and the Federal Government.

(9) In recognition of the public investment andmultistate and national significance of the recreational values, the FederalGovernment has an interest in the acquisition of recreational property and themanagement of resources in the region to preserve environmental andrecreational values, and the Federal Government should assist the states infulfilling their responsibilities.

(10) In order to preserve the scenic beauty andoutdoor recreational opportunities of the region, there is a need to insure anequilibrium between the regions natural endowment and its man-madeenvironment.

(b) In order to enhance the efficiency and governmentaleffectiveness of the region, it is imperative that there be established a TahoeRegional Planning Agency with the powers conferred by this compact includingthe power to establish environmental threshold carrying capacities and to adoptand enforce a regional plan and implementing ordinances which will achieve andmaintain such capacities while providing opportunities for orderly growth anddevelopment consistent with such capacities.

(c) The Tahoe Regional Planning Agency shall interpretand administer its plans, ordinances, rules and regulations in accordance withthe provisions of this compact.

 

ARTICLE II. Definitions

 

As used in this compact:

(a) Region, includes Lake Tahoe, the adjacent partsof Douglas and Washoe counties and Carson City, which for the purposes of thiscompact shall be deemed a county, lying within the Tahoe Basin in the State ofNevada, and the adjacent parts of the Counties of Placer and El Dorado lyingwithin the Tahoe Basin in the State of California, and that additional andadjacent part of the County of Placer outside of the Tahoe Basin in the Stateof California which lies southward and eastward of a line starting at theintersection of the basin crestline and the north boundary of Section 1, thencewest to the northwest corner of Section 3, thence south to the intersection ofthe basin crestline and the west boundary of Section 10; all sections referringto Township 15 North, Range 16 East, M.D.B. & M. The region defined and describedherein shall be as precisely delineated on official maps of the agency.

(b) Agency means the Tahoe Regional Planning Agency.

(c) Governing body means the governing board of theTahoe Regional Planning Agency.

(d) Regional plan means the long-term general planfor the development of the region.

(e) Planning commission means the advisory planningcommission appointed pursuant to subdivision (h) of Article III.

(f) Gaming means to deal, operate, carry on, conduct,maintain or expose for play any banking or percentage game played with cards,dice or any mechanical device or machine for money, property, checks, credit orany representative of value, including, without limiting the generality of theforegoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack,seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slotmachine, but does not include social games played solely for drinks, or cigarsor cigarettes served individually, games played in private homes or residencesfor prizes or games operated by charitable or educational organizations, to theextent excluded by applicable state law.

(g) Restricted gaming license means a license tooperate not more than 15 slot machines on which a quarterly fee is chargedpursuant to NRS 463.373 and no othergames.

(h) Project means an activity undertaken by anyperson, including any public agency, if the activity may substantially affectthe land, water, air, space or any other natural resources of the region.

(i) Environmental threshold carrying capacity meansan environmental standard necessary to maintain a significant scenic,recreational, educational, scientific or natural value of the region or tomaintain public health and safety within the region. Such standards shall includebut not be limited to standards for air quality, water quality, soilconservation, vegetation preservation and noise.

(j) Feasible means capable of being accomplished in asuccessful manner within a reasonable period of time, taking into accounteconomic, environmental, social and technological factors.

(k) Areas open to public use means all of the areaswithin a structure housing gaming under a nonrestricted license except areasdevoted to the private use of guests.

(l) Areas devoted to private use of guests meanshotel rooms and hallways to serve hotel room areas, and any parking areas. Ahallway serves hotel room areas if more than 50 percent of the areas on eachside of the hallway are hotel rooms.

(m) Nonrestricted license means a gaming licensewhich is not a restricted gaming license.

 

ARTICLE III. Organization

 

(a) There is created the Tahoe Regional Planning Agencyas a separate legal entity.

The governing body of the agency shall be constitutedas follows:

(1) California delegation:

(A) One member appointed by each of the County Boardsof Supervisors of the Counties of El Dorado and Placer and one member appointedby the City Council of the City of South Lake Tahoe. Any such member may be amember of the county board of supervisors or city council, respectively, andshall reside in the territorial jurisdiction of the governmental body makingthe appointment.

(B) Two members appointed by the Governor ofCalifornia, one member appointed by the Speaker of the Assembly of Californiaand one member appointed by the Senate Rules Committee of the State ofCalifornia. The members appointed pursuant to this subparagraph shall not beresidents of the region and shall represent the public at large within theState of California.

(2) Nevada delegation:

(A) One member appointed by each of the boards ofcounty commissioners of Douglas and Washoe counties and one member appointed bythe board of supervisors of Carson City. Any such member may be a member of theboard of county commissioners or board of supervisors, respectively, and shallreside in the territorial jurisdiction of the governmental body making theappointment.

(B) One member appointed by the governor of Nevada, thesecretary of state of Nevada or his designee, and the director of the statedepartment of conservation and natural resources of Nevada or his designee.Except for the secretary of state and the director of the state department ofconservation and natural resources, the members or designees appointed pursuantto this subparagraph shall not be residents of the region. All membersappointed pursuant to this subparagraph shall represent the public at large withinthe State of Nevada.

(C) One member appointed for a 1-year term by the sixother members of the Nevada delegation. If at least four members of the Nevadadelegation are unable to agree upon the selection of a seventh member within 60days after the effective date of the amendments to this compact or theoccurrence of a vacancy on the governing body for that state the governor ofthe State of Nevada shall make such an appointment. The member appointedpursuant to this subparagraph may, but is not required to, be a resident of theregion within the State of Nevada.

(3) If any appointing authority under paragraph (1)(A),(1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days afterthe effective date of the amendments to this compact or the occurrence of avacancy on the governing body, the governor of the state in which theappointing authority is located shall make the appointment. The term of anymember so appointed shall be 1 year.

(4) The position of any member of the governing bodyshall be deemed vacant if such a member is absent from three consecutivemeetings of the governing body in any calendar year.

(5) Each member and employee of the agency shalldisclose his economic interests in the region within 10 days after taking hisseat on the governing board or being employed by the agency and shallthereafter disclose any further economic interest which he acquires, as soon asfeasible after he acquires it. As used in this paragraph, economic interestsmeans:

(A) Any business entity operating in the region inwhich the member or employee has a direct or indirect investment worth morethan $1,000;

(B) Any real property located in the region in whichthe member or employee has a direct or indirect interest worth more than$1,000;

(C) Any source of income attributable to activities inthe region, other than loans by or deposits with a commercial lendinginstitution in the regular course of business, aggregating $250 or more invalue received by or promised to the member within the preceding 12 months; or

(D) Any business entity operating in the region inwhich the member or employee is a director, officer, partner, trustee, employeeor holds any position of management.

No member oremployee of the agency shall make, or attempt to influence, an agency decisionin which he knows or has reason to know he has an economic interest. Membersand employees of the agency must disqualify themselves from making orparticipating in the making of any decision of the agency when it is reasonablyforeseeable that the decision will have a material financial effect,distinguishable from its effect on the public generally, on the economicinterests of the member or employee.

(b) The members of the agency shall serve withoutcompensation, but the expenses of each member shall be met by the body which herepresents in accordance with the law of that body. All other expenses incurredby the governing body in the course of exercising the powers conferred upon itby this compact unless met in some other manner specifically provided, shall bepaid by the agency out of its own funds.

(c) Except for the secretary of state and director ofthe state department of conservation and natural resources of Nevada and themember appointed pursuant to subdivision (a)(2)(C), the members of thegoverning body serve at the pleasure of the appointing authority in each case,but each appointment shall be reviewed no less often than every 4 years.Members may be reappointed.

(d) The governing body of the agency shall meet atleast monthly. All meetings shall be open to the public to the extent requiredby the law of the State of California or the State of Nevada, whichever imposesthe greater requirement, applicable to local governments at the time suchmeeting is held. The governing body shall fix a date for its regular monthlymeeting in such terms as the first Monday of each month, and shall not changesuch date more often than once in any calendar year. Notice of the date sofixed shall be given by publication at least once in a newspaper or combinationof newspapers whose circulation is general throughout the region and in eachcounty a portion of whose territory lies within the region. Notice of any specialmeeting, except an emergency meeting, shall be given by so publishing the dateand place and posting an agenda at least 5 days prior to the meeting.

(e) The position of a member of the governing bodyshall be considered vacated upon his loss of any of the qualifications requiredfor his appointment and in such event the appointing authority shall appoint asuccessor.

(f) The governing body shall elect from its own membersa chairman and vice chairman, whose terms of office shall be 2 years, and whomay be reelected. If a vacancy occurs in either office, the governing body mayfill such vacancy for the unexpired term.

(g) Four of the members of the governing body from eachstate constitute a quorum for the transaction of the business of the agency.The voting procedures shall be as follows:

(1) For adopting, amending or repealing environmentalthreshold carrying capacities, the regional plan, and ordinances, rules andregulations, and for granting variances from the ordinances, rules andregulations, the vote of at least four of the members of each state agreeingwith the vote of at least four members of the other state shall be required totake action. If there is no vote of at least four of the members from one stateagreeing with the vote of at least four of the members of the other state onthe actions specified in this paragraph, an action of rejection shall be deemedto have been taken.

(2) For approving a project, the affirmative vote of atleast five members from the state in which the project is located and theaffirmative vote of at least nine members of the governing body are required.If at least five members of the governing body from the state in which theproject is located and at least nine members of the entire governing body donot vote in favor of the project, upon a motion for approval, an action ofrejection shall be deemed to have been taken. A decision by the agency toapprove a project shall be supported by a statement of findings, adopted by theagency, which indicates that the project complies with the regional plan andwith applicable ordinances, rules and regulations of the agency.

(3) For routine business and for directing the agencysstaff on litigation and enforcement actions, at least eight members of thegoverning body must agree to take action. If at least eight votes in favor ofsuch action are not cast, an action of rejection shall be deemed to have beentaken.

Wheneverunder the provisions of this compact or any ordinance, rule, regulation orpolicy adopted pursuant thereto, the agency is required to review or approveany project, public or private, the agency shall take final action by vote,whether to approve, to require modification or to reject such project, within180 days after the application for such project is accepted as complete by theagency in compliance with the agencys rules and regulations governing suchdelivery unless the applicant has agreed to an extension of this time limit. Ifa final action by vote does not take place within 180 days, the applicant maybring an action in a court of competent jurisdiction to compel a vote unless hehas agreed to an extension. This provision does not limit the right of anyperson to obtain judicial review of agency action under subdivision (h) ofArticle VI. The vote of each member of the governing body shall be individuallyrecorded. The governing body shall adopt its own rules, regulations andprocedures.

(h) An advisory planning commission shall be appointedby the agency. The commission shall include: the chief planning officers ofPlacer County, El Dorado County, and the City of South Lake Tahoe in Californiaand of Douglas County, Washoe County and Carson City in Nevada, the executiveofficer of the Lahontan Regional Water Quality Control Board of the State ofCalifornia, the executive officer of the Air Resources Board of the State ofCalifornia, the director of the state department of conservation and naturalresources of the State of Nevada, the administrator of the division ofenvironmental protection in the state department of conservation and naturalresources of the State of Nevada, the administrator of the Lake TahoeManagement Unit of the United States Forest Service, and at least four laymembers with an equal number from each state, at least half of whom shall beresidents of the region. Any official member may designate an alternate.

The term of office of each lay member of the advisoryplanning commission shall be 2 years. Members may be reappointed.

The position of each member of the advisory planningcommission shall be considered vacated upon loss of any of the qualificationsrequired for appointment, and in such an event the appointing authority shallappoint a successor.

The advisory planning commission shall elect from itsown members a chairman and a vice chairman, whose terms of office shall be 2years and who may be reelected. If a vacancy occurs in either office, theadvisory planning commission shall fill such vacancy for the unexpired term.

A majority of the members of the advisory planningcommission constitutes a quorum for the transaction of the business of thecommission. A majority vote of the quorum present shall be required to takeaction with respect to any matter.

(i) The agency shall establish and maintain an officewithin the region, and for this purpose the agency may rent or own property andequipment. Every plan, ordinance and other record of the agency which is ofsuch nature as to constitute a public record under the law of either the Stateof California or the State of Nevada shall be open to inspection and copyingduring regular office hours.

(j) Each authority charged under this compact or by thelaw of either state with the duty of appointing a member of the governing bodyof the agency shall by certified copy of its resolution or other action notifythe Secretary of State of its own state of the action taken.

 

ARTICLE IV. Personnel

 

(a) The governing body shall determine thequalification of, and it shall appoint and fix the salary of, the executiveofficer of the agency, and shall employ such other staff and legal counsel asmay be necessary to execute the powers and functions provided for under thiscompact or in accordance with any intergovernmental contracts or agreements theagency may be responsible for administering.

(b) Agency personnel standards and regulations shallconform insofar as possible to the regulations and procedures of the civilservice of the State of California or the State of Nevada, as may be determinedby the governing body of the agency; and shall be regional and bistate inapplication and effect; provided that the governing body may, foradministrative convenience and at its discretion, assign the administration ofdesignated personnel arrangements to an agency of either state, and providedthat administratively convenient adjustments be made in the standards and regulationsgoverning personnel assigned under intergovernmental agreements.

(c) The agency may establish and maintain orparticipate in such additional programs of employee benefits as may beappropriate to afford employees of the agency terms and conditions ofemployment similar to those enjoyed by employees of California and Nevadagenerally.

 

ARTICLE V. Planning

 

(a) In preparing each of the plans required by thisarticle and each amendment thereto, if any, subsequent to its adoption, theplanning commission after due notice shall hold at least one public hearingwhich may be continued from time to time, and shall review the testimony andany written recommendations presented at such hearing before recommending theplan or amendment. The notice required by this subdivision shall be given atleast 20 days prior to the public hearing by publication at least once in anewspaper or combination of newspapers whose circulation is general throughoutthe region and in each county a portion of whose territory lies within theregion.

The planning commission shall then recommend such planor amendment to the governing body for adoption by ordinance. The governingbody may adopt, modify or reject the proposed plan or amendment, or mayinitiate and adopt a plan or amendment without referring it to the planning commission.If the governing body initiates or substantially modifies a plan or amendment,it shall hold at least one public hearing thereon after due notice as requiredin this subdivision.

If a request is made for the amendment of the regionalplan by:

(1) A political subdivision a part of whose territorywould be affected by such amendment; or

(2) The owner or lessee of real property which would beaffected by such amendment,

thegoverning body shall complete its action on such amendment within 180 daysafter such request is accepted as complete according to standards which must beprescribed by ordinance of the agency.

(b) The agency shall develop, in cooperation with thestates of California and Nevada, environmental threshold carrying capacitiesfor the region. The agency should request the Presidents Council onEnvironmental Quality, the United States Forest Service and other appropriateagencies to assist in developing such environmental threshold carryingcapacities. Within 18 months after the effective date of the amendments to thiscompact, the agency shall adopt environmental threshold carrying capacities forthe region.

(c) Within 1 year after the adoption of theenvironmental threshold carrying capacities for the region, the agency shallamend the regional plan so that, at a minimum, the plan and all of itselements, as implemented through agency ordinances, rules and regulations,achieves and maintains the adopted environmental threshold carrying capacities.Each element of the plan shall contain implementation provisions and timeschedules for such implementation by ordinance. The planning commission andgoverning body shall continuously review and maintain the regional plan. Theregional plan shall consist of a diagram, or diagrams, and text, or textssetting forth the projects and proposals for implementation of the regionalplan, a description of the needs and goals of the region and a statement of thepolicies, standards and elements of the regional plan.

The regional plan shall be a single enforceable planand includes all of the following correlated elements:

(1) A land-use plan for the integrated arrangement andgeneral location and extent of, and the criteria and standards for, the uses ofland, water, air, space and other natural resources within the region,including but not limited to an indication or allocation of maximum populationdensities and permitted uses.

(2) A transportation plan for the integrateddevelopment of a regional system of transportation, including but not limitedto parkways, highways, transportation facilities, transit routes, waterways,navigation facilities, public transportation facilities, bicycle facilities,and appurtenant terminals and facilities for the movement of people and goodswithin the region. The goal of transportation planning shall be:

(A) To reduce dependency on the automobile by makingmore effective use of existing transportation modes and of public transit tomove people and goods within the region; and

(B) To reduce to the extent feasible air pollutionwhich is caused by motor vehicles.

Whereincreases in capacity are required, the agency shall give preference to providingsuch capacity through public transportation and public programs and projectsrelated to transportation. The agency shall review and consider all existingtransportation plans in preparing its regional transportation plan pursuant tothis paragraph.

The plan shall provide for an appropriate transitsystem for the region.

The plan shall give consideration to:

(A) Completion of the Loop Road in the states of Nevadaand California;

(B) Utilization of a light rail mass transit system inthe South Shore area; and

(C) Utilization of a transit terminal in the KingsburyGrade area.

Until theregional plan is revised, or a new transportation plan is adopted in accordancewith this paragraph, the agency has no effective transportation plan.

(3) A conservation plan for the preservation,development, utilization, and management of the scenic and other naturalresources within the basin, including but not limited to, soils, shoreline andsubmerged lands, scenic corridors along transportation routes, open spaces,recreational and historical facilities.

(4) A recreation plan for the development, utilization,and management of the recreational resources of the region, including but notlimited to, wilderness and forested lands, parks and parkways, riding andhiking trails, beaches and playgrounds, marinas, areas for skiing and otherrecreational facilities.

(5) A public services and facilities plan for thegeneral location, scale and provision of public services and facilities, which,by the nature of their function, size, extent and other characteristics arenecessary or appropriate for inclusion in the regional plan.

In formulating and maintaining the regional plan, theplanning commission and governing body shall take account of and shall seek toharmonize the needs of the region as a whole, the plans of the counties andcities within the region, the plans and planning activities of the state,federal and other public agencies and nongovernmental agencies andorganizations which affect or are concerned with planning and developmentwithin the region.

(d) The regional plan shall provide for attaining andmaintaining federal, state, or local air and water quality standards, whicheverare strictest, in the respective portions of the region for which the standardsare applicable.

The agency may, however, adopt air or water qualitystandards or control measures more stringent than the applicable stateimplementation plan or the applicable federal, state, or local standards forthe region, if it finds that such additional standards or control measures arenecessary to achieve the purposes of this compact. Each element of the regionalplan, where applicable, shall, by ordinance, identify the means and timeschedule by which air and water quality standards will be attained.

(e) Except for the Regional Transportation Plan of theCalifornia Tahoe Regional Planning Agency, the regional plan, ordinances, rulesand regulations adopted by the California Tahoe Regional Planning Agency ineffect on July 1, 1980, shall be the regional plan, ordinances, rules andregulations of the Tahoe Regional Planning Agency for that portion of the Tahoeregion located in the State of California. Such plan, ordinance, rule orregulation may be amended or repealed by the governing body of the agency. Theplans, ordinances, rules and regulations of the Tahoe Regional Planning Agencythat do not conflict with, or are not addressed by, the California TahoeRegional Planning Agencys plans, ordinances, rules and regulations referred toin this subdivision shall continue to be applicable unless amended or repealedby the governing body of the agency. No provision of the regional plan, ordinances,rules and regulations of the California Tahoe Regional Planning Agency referredto in this subdivision shall apply to that portion of the region within theState of Nevada, unless such provision is adopted for the Nevada portion of theregion by the governing body of the agency.

(f) The regional plan, ordinances, rules andregulations of the Tahoe Regional Planning Agency apply to that portion of theregion within the State of Nevada.

(g) The agency shall adopt ordinances prescribingspecific written findings that the agency must make prior to approving anyproject in the region. These findings shall relate to environmental protectionand shall insure that the project under review will not adversely affectimplementation of the regional plan and will not cause the adoptedenvironmental threshold carrying capacities of the region to be exceeded.

(h) The agency shall maintain the data, maps and otherinformation developed in the course of formulating and administering theregional plan, in a form suitable to assure a consistent view of developmentaltrends and other relevant information for the availability of and use by otheragencies of government and by private organizations and individuals concerned.

(i) Where necessary for the realization of the regionalplan, the agency may engage in collaborative planning with local governmentaljurisdictions located outside the region, but contiguous to its boundaries. Informulating and implementing the regional plan, the agency shall seek thecooperation and consider the recommendations of counties and cities and otheragencies of local government, of state and federal agencies, of educationalinstitutions and research organizations, whether public or private, and ofcivic groups and private persons.

 

ARTICLE VI. Agencys Powers

 

(a) The governing body shall adopt all necessaryordinances, rules, and regulations to effectuate the adopted regional plan.Except as otherwise provided in this compact, every such ordinance, rule orregulation shall establish a minimum standard applicable throughout the region.Any political subdivision or public agency may adopt and enforce an equal orhigher requirement applicable to the same subject of regulation in itsterritory. The regulations of the agency shall contain standards including butnot limited to the following: water purity and clarity; subdivision; zoning;tree removal; solid waste disposal; sewage disposal; land fills, excavations,cuts and grading; piers, harbors, breakwaters or channels and other shorelinedevelopments; waste disposal in shoreline areas; waste disposal from boats;mobile-home parks; house relocation; outdoor advertising; floodplainprotection; soil and sedimentation control; air pollution; and watershedprotection. Whenever possible without diminishing the effectiveness of theregional plan, the ordinances, rules, regulations and policies shall beconfined to matters which are general and regional in application, leaving tothe jurisdiction of the respective states, counties and cities the enactment ofspecific and local ordinances, rules, regulations and policies which conform tothe regional plan.

The agency shall prescribe by ordinance thoseactivities which it has determined will not have substantial effect on theland, water, air, space or any other natural resources in the region andtherefore will be exempt from its review and approval.

Every ordinance adopted by the agency shall bepublished at least once by title in a newspaper or combination of newspaperswhose circulation is general throughout the region. Except an ordinanceadopting or amending the regional plan, no ordinance shall become effectiveuntil 60 days after its adoption. Immediately after its adoption, a copy ofeach ordinance shall be transmitted to the governing body of each politicalsubdivision having territory within the region.

(b) No project other than those to be reviewed andapproved under the special provisions of subdivisions (d), (e), (f) and (g) maybe developed in the region without obtaining the review and approval of theagency and no project may be approved unless it is found to comply with theregional plan and with the ordinances, rules and regulations enacted pursuantto subdivision (a) to effectuate that plan.

The agency may approve a project in the region onlyafter making the written findings required by this subdivision or subdivision(g) of Article V. Such findings shall be based on substantial evidence in therecord.

Before adoption by the agency of the ordinancesrequired in subdivision (g) of Article V, the agency may approve a project inthe region only after making written findings on the basis of substantialevidence in the record that the project is consistent with the regional planthen in effect and with applicable plans, ordinances, regulations, andstandards of federal and state agencies relating to the protection, maintenanceand enhancement of environmental quality in the region.

(c) The legislatures of the states of California andNevada find that in order to make effective the regional plan as revised by theagency, it is necessary to halt temporarily works of development in the regionwhich might otherwise absorb the entire capability of the region for furtherdevelopment or direct it out of harmony with the ultimate plan. Subject to thelimitation provided in this subdivision, from the effective date of theamendments to this compact until the regional plan is amended pursuant tosubdivision (c) of Article V, or until May 1, 1983, whichever is earlier:

(1) Except as otherwise provided in this paragraph, nonew subdivision, planned unit development, or condominium project may beapproved unless a complete tentative map or plan has been approved before theeffective date of the amendments to this compact by all agencies havingjurisdiction. The subdivision of land owned by a general improvement district,which existed and owned the land before the effective date of the amendments tothis compact, may be approved if subdivision of the land is necessary to avoidinsolvency of the district.

(2) Except as provided in paragraph (3), no apartmentbuilding may be erected unless the required permits for such building have beensecured from all agencies having jurisdiction, prior to the effective date ofthe amendments to this compact.

(3) During each of the calendar years 1980, 1981 and1982, no city or county may issue building permits which authorize theconstruction of a greater number of new residential units within the regionthan were authorized within the region by building permits issued by that cityor county during the calendar year 1978. For the period of January throughApril, 1983, building permits authorizing the construction of no more thanone-third of that number may be issued by each such city or county. Forpurposes of this paragraph a residential unit means either a single familyresidence or an individual residential unit within a larger building, such asan apartment building, a duplex or a condominium.

The legislatures find the respective numbers ofresidential units authorized within the region during the calendar year 1978 tobe as follows:

1. City of South Lake Tahoe and El Dorado County(combined)................. 252

2. Placer County................................................................................................... 278

3. Carson City....................................................................................................... -0-

4. Douglas County.............................................................................................. 339

5. Washoe County.............................................................................................. 739

(4) During each of the calendar years 1980, 1981 and1982, no city or county may issue building permits which authorize constructionof a greater square footage of new commercial buildings within the region thanwere authorized within the region by building permits for commercial purposesissued by that city or county during the calendar year 1978. For the period ofJanuary through April, 1983, building permits authorizing the construction ofno more than one-third the amount of that square footage may be issued by eachsuch city or county.

The legislatures find the respective square footages ofcommercial buildings authorized within the region during calendar year 1978 tobe as follows:

1. City of South Lake Tahoe and El Dorado County(combined)................. 64,324

2. Placer County................................................................................................... 23,000

3. Carson City....................................................................................................... -0-

4. Douglas County.............................................................................................. 57,354

5. Washoe County.............................................................................................. 50,600

(5) No structure may be erected to house gaming under anonrestricted license.

(6) No facility for the treatment of sewage may beconstructed or enlarged except:

(A) To comply, as ordered by the appropriate stateagency for the control of water pollution, with existing limitations ofeffluent under the Clean Water Act, 33 U.S.C. 1251 et seq., and theapplicable state law for control of water pollution;

(B) To accommodate development which is not prohibitedor limited by this subdivision; or

(C) In the case of Douglas County Sewer District # 1,to modify or otherwise alter sewage treatment facilities existing on theeffective date of the amendments to this compact so that such facilities willbe able to treat the total volume of effluent for which they were originallydesigned, which is 3.0 million gallons per day. Such modification or alterationis not a project; is not subject to the requirements of Article VII; and doesnot require a permit from the agency. Before commencing such modification oralteration, however, the district shall submit to the agency its reportidentifying any significant soil erosion problems which may be caused by suchmodifications or alterations and the measures which the district proposes totake to mitigate or avoid such problems.

The moratorium imposed by this subdivision does notapply to work done pursuant to a right vested before the effective date of theamendments to this compact. Notwithstanding the expiration date of themoratorium imposed by this subdivision, no new highway may be built or existinghighway widened to accommodate additional continuous lanes for automobilesuntil the regional transportation plan is revised and adopted.

The moratorium imposed by this subdivision does notapply to the construction of any parking garage which has been approved by theagency prior to May 4, 1979, whether that approval was affirmative or bydefault. The provisions of this paragraph are not an expression of legislativeintent that any such parking garage, the approval of which is the subject oflitigation which was pending on the effective date of the amendments to thiscompact, should or should not be constructed. The provisions of this paragraphare intended solely to permit construction of such a parking garage if ajudgment sustaining the agencys approval to construct that parking garage hasbecome final and no appeal is pending or may lawfully be taken to a highercourt.

(d) Subject to the final order of any court ofcompetent jurisdiction entered in litigation contesting the validity of anapproval by the Tahoe Regional Planning Agency, whether that approval wasaffirmative or by default, if that litigation was pending on May 4, 1979, theagency and the states of California and Nevada shall recognize as a permittedand conforming use:

(1) Every structure housing gaming under anonrestricted license which existed as a licensed gaming establishment on May4, 1979, or whose construction was approved by the Tahoe Regional PlanningAgency affirmatively or deemed approved before that date. The construction oruse of any structure to house gaming under a nonrestricted license not soexisting or approved, or the enlargement in cubic volume of any such existingor approved structure is prohibited.

(2) Every other nonrestricted gaming establishmentwhose use was seasonal and whose license was issued before May 4, 1979, for thesame season and for the number and type of games and slot machines on whichtaxes or fees were paid in the calendar year 1978.

(3) Gaming conducted pursuant to a restricted gaminglicense issued before May 4, 1979, to the extent permitted by that license onthat date.

The areawithin any structure housing gaming under a nonrestricted license which may beopen to public use (as distinct from that devoted to the private use of guestsand exclusive of any parking area) is limited to the area existing or approvedfor public use on May 4, 1979. Within these limits, any external modificationof the structure which requires a permit from a local government also requiresapproval from the agency. The agency shall not permit restaurants, conventionfacilities, showrooms or other public areas to be constructed elsewhere in theregion outside the structure in order to replace areas existing or approved forpublic use on May 4, 1979.

(e) Any structure housing licensed gaming may berebuilt or replaced to a size not to exceed the cubic volume, height and landcoverage existing or approved on May 4, 1979, without the review or approval ofthe agency or any planning or regulatory authority of the State of Nevada whosereview or approval would be required for a new structure.

(f) The following provisions apply to any internal orexternal modification, remodeling, change in use, or repair of a structurehousing gaming under a nonrestricted license which is not prohibited by ArticleVI (d):

(1) The agencys review of an external modification ofthe structure which requires a permit from a local government is limited todetermining whether the external modification will do any of the following:

(A) Enlarge the cubic volume of the structure;

(B) Increase the total square footage of area open toor approved for public use on May 4, 1979;

(C) Convert an area devoted to the private use ofguests to an area open to public use;

(D) Increase the public area open to public use whichis used for gaming beyond the limits contained in paragraph (3); and

(E) Conflict with or be subject to the provisions ofany of the agencys ordinances that are generally applicable throughout theregion.

The agencyshall make this determination within 60 days after the proposal is delivered tothe agency in compliance with the agencys rules or regulations governing suchdelivery unless the applicant has agreed to an extension of this time limit. Ifan external modification is determined to have any of the effects enumerated insubparagraphs (A) through (C), it is prohibited. If an external modification isdetermined to have any of the effects enumerated in subparagraph (D) or (E), itis subject to the applicable provisions of this compact. If an externalmodification is determined to have no such effect, it is not subject to theprovisions of this compact.

(2) Except as provided in paragraph (3), internalmodification, remodeling, change in use or repair of a structure housing gamingunder a nonrestricted license is not a project and does not require the reviewor approval of the agency.

(3) Internal modification, remodeling, change in use orrepair of areas open to public use within a structure housing gaming under anonrestricted license which alone or in combination with any other suchmodification, remodeling, change in use or repair will increase the totalportion of those areas which is actually used for gaming by more than theproduct of the total base area, as defined below, in square feet existing on orapproved before August 4, 1980, multiplied by 15 percent constitutes a projectand is subject to all of the provisions of this compact relating to projects.For purposes of this paragraph and the determination required by Article VI(g), base area means all of the area within a structure housing gaming under anonrestricted license which may be open to public use, whether or not gaming isactually conducted or carried on in that area, except retail stores, conventioncenters and meeting rooms, administrative offices, kitchens, maintenance andstorage areas, rest rooms, engineering and mechanical rooms, accounting roomsand counting rooms.

(g) In order to administer and enforce the provisionsof paragraphs (d), (e) and (f) the State of Nevada, through its appropriateplanning or regulatory agency, shall require the owner or licensee of astructure housing gaming under a nonrestricted license to provide:

(1) Documents containing sufficient information for theNevada agency to establish the following relative to the structure:

(A) The location of its external walls;

(B) Its total cubic volume;

(C) Within its external walls, the area in square feetopen or approved for public use and the area in square feet devoted to orapproved for the private use of guests on May 4, 1979;

(D) The amount of surface area of land under thestructure; and

(E) The base area as defined in paragraph (f)(3) insquare feet existing on or approved before August 4, 1980.

(2) An informational report whenever any internalmodification, remodeling, change in use, or repair will increase the totalportion of the areas open to public use which is used for gaming.

The Nevada agency shall transmit this information tothe Tahoe Regional Planning Agency.

(h) Gaming conducted pursuant to a restricted gaminglicense is exempt from review by the agency if it is incidental to the primaryuse of the premises.

(i) The provisions of subdivisions (d) and (e) areintended only to limit gaming and related activities as conducted within agaming establishment, or construction designed to permit the enlargement ofsuch activities, and not to limit any other use of property zoned forcommercial use or the accommodation of tourists, as approved by the agency.

(j) Legal actions arising out of or alleging aviolation of the provisions of this compact, of the regional plan or of anordinance or regulation of the agency or of a permit or a condition of a permitissued by the agency are governed by the following provisions:

(1) This subdivision applies to:

(A) Actions arising out of activities directlyundertaken by the agency.

(B) Actions arising out of the issuance to a person ofa lease, permit, license or other entitlement for use by the agency.

(C) Actions arising out of any other act or failure toact by any person or public agency.

Such legalactions may be filed and the provisions of this subdivision apply equally inthe appropriate courts of California and Nevada and of the United States.

(2) Venue lies:

(A) If a civil or criminal action challenges anactivity by the agency or any person which is undertaken or to be undertakenupon a parcel of real property, in the state or federal judicial district wherethe real property is situated.

(B) If an action challenges an activity which does notinvolve a specific parcel of land (such as an action challenging an ordinanceof the agency), in any state or federal court having jurisdiction within theregion.

(3) Any aggrieved person may file an action in anappropriate court of the State of California or Nevada or of the United Statesalleging noncompliance with the provisions of this compact or with an ordinanceor regulation of the agency. In the case of governmental agencies, aggrievedperson means the Tahoe Regional Planning Agency or any state, federal or localagency. In the case of any person other than a governmental agency whochallenges an action of the Tahoe Regional Planning Agency, aggrieved personmeans any person who has appeared, either in person, through an authorizedrepresentative, or in writing, before the agency at an appropriateadministrative hearing to register objection to the action which is being challenged,or who had good cause for not making such an appearance.

(4) A legal action arising out of the adoption oramendment of the regional plan or of any ordinance or regulation of the agency,or out of the granting or denial of any permit, shall be commenced within 60days after final action by the agency. All other legal actions shall becommenced within 65 days after discovery of the cause of action.

(5) In any legal action filed pursuant to thissubdivision which challenges an adjudicatory act or decision of the agency toapprove or disapprove a project, the scope of judicial inquiry shall extendonly to whether there was prejudicial abuse of discretion. Prejudicial abuse ofdiscretion is established if the agency has not proceeded in a manner required bylaw or if the act or decision of the agency was not supported by substantialevidence in light of the whole record. In making such a determination the courtshall not exercise its independent judgment on evidence but shall onlydetermine whether the act or decision was supported by substantial evidence inlight of the whole record. In any legal action filed pursuant to this subdivisionwhich challenges a legislative act or decision of the agency (such as theadoption of the regional plan and the enactment of implementing ordinances),the scope of the judicial inquiry shall extend only to the questions of whetherthe act or decision has been arbitrary, capricious or lacking substantialevidentiary support or whether the agency has failed to proceed in a mannerrequired by law.

(6) The provisions of this subdivision do not apply toany legal proceeding pending on the date when this subdivision becomeseffective. Any such legal proceeding shall be conducted and concluded under theprovisions of law which were applicable prior to the effective date of thissubdivision.

(7) The security required for the issuance of atemporary restraining order or preliminary injunction based upon an allegedviolation of this compact or any ordinance, plan, rule or regulation adoptedpursuant thereto is governed by the rule or statute applicable to the court inwhich the action is brought, unless the action is brought by a public agency orpolitical subdivision to enforce its own rules, regulations and ordinances inwhich case no security shall be required.

(k) The agency shall monitor activities in the regionand may bring enforcement actions in the region to ensure compliance with theregional plan and adopted ordinances, rules, regulations and policies. If it isfound that the regional plan, or ordinances, rules, regulations and policiesare not being enforced by a local jurisdiction, the agency may bring action ina court of competent jurisdiction to ensure compliance.

(l) Any person who violates any provision of this compactor of any ordinance or regulation of the agency or of any condition of approvalimposed by the agency is subject to a civil penalty not to exceed $5,000. Anysuch person is subject to an additional civil penalty not to exceed $5,000 perday, for each day on which such a violation persists. In imposing the penaltiesauthorized by this subdivision, the court shall consider the nature of theviolation and shall impose a greater penalty if it was willful or resulted fromgross negligence than if it resulted from inadvertence or simple negligence.

(m) The agency is hereby empowered to initiate,negotiate and participate in contracts and agreements among the localgovernmental authorities of the region, or any other intergovernmentalcontracts or agreements authorized by state or federal law.

(n) Each intergovernmental contract or agreement shallprovide for its own funding and staffing, but this shall not preclude financialcontributions from the local authorities concerned or from supplementarysources.

(o) Every record of the agency, whether public or not,shall be open for examination to the Legislature and Controller of the State ofCalifornia and the legislative auditor of the State of Nevada.

(p) Approval by the agency of any project expires 3years after the date of final action by the agency or the effective date of theamendments to this compact, whichever is later, unless construction is begunwithin that time and diligently pursued thereafter, or the use or activity hascommenced. In computing the 3-year period any period of time during which theproject is the subject of a legal action which delays or renders impossible thediligent pursuit of that project shall not be counted. Any license, permit orcertificate issued by the agency which has an expiration date shall be extendedby that period of time during which the project is the subject of such legalaction as provided in this subdivision.

(q) The governing body shall maintain a current list ofreal property known to be available for exchange with the United States or withother owners of real property in order to facilitate exchanges of real propertyby owners of real property in the region.

 

ARTICLE VII. Environmental Impact Statements

 

(a) The Tahoe Regional Planning Agency when acting uponmatters that have a significant effect on the environment shall:

(1) Utilize a systematic, interdisciplinary approachwhich will insure the integrated use of the natural and social sciences and theenvironmental design arts in planning and in decision making which may have animpact on mans environment;

(2) Prepare and consider a detailed environmentalimpact statement before deciding to approve or carry out any project. Thedetailed environmental impact statement shall include the following:

(A) The significant environmental impacts of theproposed project;

(B) Any significant adverse environmental effects whichcannot be avoided should the project be implemented;

(C) Alternatives to the proposed project;

(D) Mitigation measures which must be implemented toassure meeting standards of the region;

(E) The relationship between local short-term uses ofmans environment and the maintenance and enhancement of long-termproductivity;

(F) Any significant irreversible and irretrievablecommitments of resources which would be involved in the proposed project shouldit be implemented; and

(G) The growth-inducing impact of the proposed project;

(3) Study, develop and describe appropriatealternatives to recommended courses of action for any project which involvesunresolved conflicts concerning alternative uses of available resources;

(4) Make available to states, counties, municipalities,institutions and individuals, advice and information useful in restoring,maintaining and enhancing the quality of the regions environment; and

(5) Initiate and utilize ecological information in theplanning and development of resource-oriented projects.

(b) Prior to completing an environmental impactstatement, the agency shall consult with and obtain the comments of anyfederal, state or local agency which has jurisdiction by law or specialexpertise with respect to any environmental impact involved. Copies of suchstatement and the comments and views of the appropriate federal, state andlocal agencies which are authorized to develop and enforce environmentalstandards shall be made available to the public and shall accompany the projectthrough the review processes. The public shall be consulted during the environmentalimpact statement process and views shall be solicited during a public commentperiod not to be less than 60 days.

(c) Any environmental impact statement requiredpursuant to this article need not repeat in its entirety any information ordata which is relevant to such a statement and is a matter of public record oris generally available to the public, such as information contained in anenvironmental impact report prepared pursuant to the California EnvironmentalQuality Act or a federal environmental impact statement prepared pursuant tothe National Environmental Policy Act of 1969. However, such information ordata shall be briefly described in the environmental impact statement and itsrelationship to the environmental impact statement shall be indicated.

In addition, any person may submit information relativeto a proposed project which may be included, in whole or in part, in anyenvironmental impact statement required by this article.

(d) In addition to the written findings specified byagency ordinance to implement the regional plan, the agency shall make eitherof the following written findings before approving a project for which anenvironmental impact statement was prepared:

(1) Changes or alterations have been required in orincorporated into such project which avoid or reduce the significant adverseenvironmental effects to a less than significant level; or

(2) Specific considerations, such as economic, socialor technical, make infeasible the mitigation measures or project alternativesdiscussed in the environmental impact statement on the project.

A separatewritten finding shall be made for each significant effect identified in theenvironmental impact statement on the project. All written findings must be supportedby substantial evidence in the record.

(e) The agency may charge and collect a reasonable feefrom any person proposing a project subject to the provisions of this compactin order to recover the estimated costs incurred by the agency in preparing anenvironmental impact statement under this article.

(f) The agency shall adopt by ordinance a list ofclasses of projects which the agency has determined will not have a significanteffect on the environment and therefore will be exempt from the requirement forthe preparation of an environmental impact statement under this article. Priorto adopting the list, the agency shall make a written finding supported bysubstantial evidence in the record that each class of projects will not have asignificant effect on the environment.

 

ARTICLE VIII. Finances

 

(a) On or before September 30 of each calendar year theagency shall establish the amount of money necessary to support its activitiesfor the next succeeding fiscal year commencing July 1 of the following year.The agency shall apportion $75,000 of this amount among the counties within theregion on the same ratio to the total sum required as the full cash valuationof taxable property within the region in each county bears to the total fullcash valuation of taxable property within the region. In addition, each countywithin the region in California shall pay $18,750 to the agency and each countywithin the region in Nevada, including Carson City, shall pay $12,500 to theagency, from any funds available therefor. The State of California and theState of Nevada may pay to the agency by July 1 of each year any additionalsums necessary to support the operations of the agency pursuant to thiscompact. If additional funds are required, the agency shall make a request forthe funds to the states of California and Nevada. Requests for state funds mustbe apportioned two-thirds from California and one-third from Nevada. Moneyappropriated shall be paid within 30 days.

(b) The agency may fix and collect reasonable fees forany services rendered by it.

(c) The agency shall submit an itemized budget to thestates for review with any request for state funds, shall be strictlyaccountable to any county in the region and the states for all funds paid bythem to the agency and shall be strictly accountable to all participatingbodies for all receipts and disbursement.

(d) The agency is authorized to receive gifts,donations, subventions, grants, and other financial aids and funds; but theagency may not own land except as provided in subdivision (i) of Article III.

(e) The agency shall not obligate itself beyond themoneys due under this article for its support from the several counties and thestates for the current fiscal year, plus any moneys on hand or irrevocablypledged to its support from other sources. No obligation contracted by the agencyshall bind either of the party states or any political subdivision thereof.

 

ARTICLE IX. Transportation District

 

(a) The Tahoe transportation district is herebyestablished as a special purpose district. The boundaries of the district arecoterminous with those of the region.

(b) The business of the district shall be managed by aboard of directors consisting of:

(1) One member of the county board of supervisors ofeach of the counties of El Dorado and Placer who must be appointed by hisrespective board of supervisors;

(2) One member of the city council of the City of SouthLake Tahoe who must be appointed by the city council;

(3) One member each of the board of countycommissioners of Douglas County and of Washoe County who must be appointed by hisrespective board of county commissioners;

(4) One member of the board of supervisors of CarsonCity who must be appointed by the board of supervisors;

(5) One member of the South Shore TransportationManagement Association or its successor organization who must be appointed bythe association or its successor organization;

(6) One member of the North Shore TransportationManagement Association or its successor organization who must be appointed bythe association or its successor organization;

(7) One member of each local transportation district inthe region that is authorized by the State of Nevada or the State of Californiawho must be appointed by his respective transportation district;

(8) One member appointed by a majority of the othervoting directors who represents a public or private transportation systemoperating in the region;

(9) The director of the California Department ofTransportation; and

(10) The director of the department of transportationof the State of Nevada.

Any entitythat appoints a member to the board of directors, the director of theCalifornia Department of Transportation or the director of the department oftransportation of the State of Nevada may designate an alternate.

(c) Before a local transportation district appoints amember to the board of directors pursuant to paragraph (7) of subdivision (b),the local transportation district must enter into a written agreement with theTahoe transportation district that sets forth the responsibilities of thedistricts for the establishment of policies and the management of financialmatters, including, but not limited to, the distribution of revenue among thedistricts.

(d) The directors of the California Department ofTransportation and the department of transportation of the State of Nevada, ortheir designated alternates, serve as nonvoting directors, but shall providetechnical and professional advice to the district as necessary and appropriate.

(e) The vote of a majority of the directors must agreeto take action. If a majority of votes in favor of an action are not cast, anaction of rejection shall be deemed to have been taken.

(f) The Tahoe transportation district may by resolutionestablish procedures for the adoption of its budgets, the appropriation of itsmoney and the carrying on of its other financial activities. These proceduresmust conform insofar as is practicable to the procedures for financialadministration of the State of California or the State of Nevada or one or moreof the local governments in the region.

(g) The Tahoe transportation district may in accordancewith the adopted transportation plan:

(1) Own and operate a public transportation system tothe exclusion of all other publicly owned transportation systems in the region.

(2) Own and operate support facilities for public andprivate systems of transportation, including, but not limited to, parking lots,terminals, facilities for maintenance, devices for the collection of revenueand other related equipment.

(3) Acquire or agree to operate upon mutually agreeableterms any publicly or privately owned transportation system or facility withinthe region.

(4) Hire the employees of existing publictransportation systems that are acquired by the district without loss ofbenefits to the employees, bargain collectively with employee organizations,and extend pension and other collateral benefits to employees.

(5) Contract with private companies to providesupplementary transportation or provide any of the services needed in operatinga system of transportation for the region.

(6) Contract with local governments in the region tooperate transportation facilities or provide any of the services necessary tooperate a system of transportation for the region.

(7) Fix the rates and charges for transportationservices provided pursuant to this subdivision.

(8) Issue revenue bonds and other evidence ofindebtedness and make other financial arrangements appropriate for developingand operating a public transportation system.

(9) By resolution, determine and propose for adoption atax for the purpose of obtaining services of the district. The tax proposedmust be general and of uniform operation throughout the region, and may not begraduated in any way, except for a sales and use tax. If a sales and use tax isapproved by the voters as provided in this paragraph, it may be administered bythe states of California and Nevada respectively in accordance with the lawsthat apply within their respective jurisdictions and must not exceed a rate of1 percent of the gross receipts from the sale of tangible personal propertysold in the district. The district is prohibited from imposing any other taxmeasured by gross or net receipts on business, an ad valorem tax, a tax orcharge that is assessed against people or vehicles as they enter or leave theregion, and any tax, direct or indirect, on gaming tables and devices. Any suchproposition must be submitted to the voters of the district and shall becomeeffective upon approval of the voters voting on the proposition who reside inthe State of California in accordance with the laws that apply within thatstate and approval of the voters voting on the proposition who reside in theState of Nevada in accordance with the laws that apply within that state. Therevenues from any such tax must be used for the service for which it wasimposed, and for no other purpose.

(10) Provide service from inside the region toconvenient airport, railroad and interstate bus terminals without regard to theboundaries of the region.

(h) The legislatures of the states of California andNevada may, by substantively identical enactments, amend this article.

 

ARTICLE X. Miscellaneous

 

(a) It is intended that the provisions of this compactshall be reasonably and liberally construed to effectuate the purposes thereof.Except as provided in subdivision (c), the provisions of this compact shall beseverable and if any phrase, clause, sentence or provision of this compact isdeclared to be contrary to the constitution of any participating state or ofthe United States or the applicability thereof to any government, agency,person or circumstance is held invalid, the validity of the remainder of thiscompact and the applicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If this compact shall be heldcontrary to the constitution of any state participating therein, the compactshall remain in full force and effect as to the remaining state and in fullforce and effect as to the state affected as to all severable matters.

(b) The agency shall have such additional powers andduties as may hereafter be delegated or imposed upon it from time to time bythe action of the Legislature of either state concurred in by the Legislatureof the other.

(c) A state party to this compact may withdrawtherefrom by enacting a statute repealing the compact. Notice of withdrawalshall be communicated officially and in writing to the Governor of the otherstate and to the agency administrators. This provision is not severable, and ifit is held to be unconstitutional or invalid, no other provision of thiscompact shall be binding upon the State of Nevada or the State of California.

(d) No provision of this compact shall have any effectupon the allocation, distribution or storage of interstate waters or upon anyappropriative water right.

(Added to NRS by 1968, 4; A 1979, 1135; 1980, 1;1997, 1125, effective upon proclamation by the Governor of this State that theState of California has enacted amendments substantially similar to theamendments approved in 1997 by the Legislature of this State and expires bylimitation upon approval by the Congress of the United States of the proposedamendments of 1987)

NRS 277.200 Text of Compact. [Effective uponproclamation by the Governor of this State that the State of California hasenacted amendments substantially similar to the amendments approved in 1997 bythe Legislature of this State and upon approval by the Congress of the UnitedStates of the proposed amendments of 1987.] TheTahoe Regional Planning Compact is as follows:

 

Tahoe RegionalPlanning Compact

 

ARTICLE I. Findings and Declarations of Policy

 

(a) It is found and declared that:

(1) The waters of Lake Tahoe and other resourcesof the region are threatened with deterioration or degeneration, whichendangers the natural beauty and economic productivity of the region.

(2) The public and private interests andinvestments in the region are substantial.

(3) The region exhibits unique environmental andecological values which are irreplaceable.

(4) By virtue of the special conditions andcircumstances of the regions natural ecology, developmental pattern,population distribution and human needs, the region is experiencing problems ofresource use and deficiencies of environmental control.

(5) Increasing urbanization is threatening theecological values of the region and threatening the public opportunities foruse of the public lands.

(6) Maintenance of the social and economichealth of the region depends on maintaining the significant scenic,recreational, educational, scientific, natural and public health valuesprovided by the Lake Tahoe Basin.

(7) There is a public interest in protecting,preserving and enhancing these values for the residents of the region and forvisitors to the region.

(8) Responsibilities for providing recreationaland scientific opportunities, preserving scenic and natural areas, andsafeguarding the public who live, work and play in or visit the region aredivided among local governments, regional agencies, the states of Californiaand Nevada, and the Federal Government.

(9) In recognition of the public investment andmultistate and national significance of the recreational values, the FederalGovernment has an interest in the acquisition of recreational property and themanagement of resources in the region to preserve environmental andrecreational values, and the Federal Government should assist the states infulfilling their responsibilities.

(10) In order to preserve the scenic beauty andoutdoor recreational opportunities of the region, there is a need to insure anequilibrium between the regions natural endowment and its man-madeenvironment.

(b) In order to enhance the efficiency and governmentaleffectiveness of the region, it is imperative that there be established a TahoeRegional Planning Agency with the powers conferred by this compact includingthe power to establish environmental threshold carrying capacities and to adoptand enforce a regional plan and implementing ordinances which will achieve andmaintain such capacities while providing opportunities for orderly growth anddevelopment consistent with such capacities.

(c) The Tahoe Regional Planning Agency shall interpretand administer its plans, ordinances, rules and regulations in accordance withthe provisions of this compact.

 

ARTICLE II. Definitions

 

As used in this compact:

(a) Region, includes Lake Tahoe, the adjacent partsof Douglas and Washoe counties and Carson City, which for the purposes of thiscompact shall be deemed a county, lying within the Tahoe Basin in the State ofNevada, and the adjacent parts of the Counties of Placer and El Dorado lyingwithin the Tahoe Basin in the State of California, and that additional andadjacent part of the County of Placer outside of the Tahoe Basin in the Stateof California which lies southward and eastward of a line starting at theintersection of the basin crestline and the north boundary of Section 1, thencewest to the northwest corner of Section 3, thence south to the intersection ofthe basin crestline and the west boundary of Section 10; all sections referringto Township 15 North, Range 16 East, M.D.B. & M. The region defined and describedherein shall be as precisely delineated on official maps of the agency.

(b) Agency means the Tahoe Regional Planning Agency.

(c) Governing body means the governing board of theTahoe Regional Planning Agency.

(d) Regional plan means the long-term general planfor the development of the region.

(e) Planning commission means the advisory planningcommission appointed pursuant to subdivision (h) of Article III.

(f) Gaming means to deal, operate, carry on, conduct,maintain or expose for play any banking or percentage game played with cards,dice or any mechanical device or machine for money, property, checks, credit orany representative of value, including, without limiting the generality of theforegoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack,seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slotmachine, but does not include social games played solely for drinks, or cigarsor cigarettes served individually, games played in private homes or residencesfor prizes or games operated by charitable or educational organizations, to theextent excluded by applicable state law.

(g) Restricted gaming license means a license tooperate not more than 15 slot machines on which a quarterly fee is chargedpursuant to NRS 463.373 and no othergames.

(h) Project means an activity undertaken by anyperson, including any public agency, if the activity may substantially affectthe land, water, air, space or any other natural resources of the region.

(i) Environmental threshold carrying capacity meansan environmental standard necessary to maintain a significant scenic,recreational, educational, scientific or natural value of the region or tomaintain public health and safety within the region. Such standards shallinclude but not be limited to standards for air quality, water quality, soilconservation, vegetation preservation and noise.

(j) Feasible means capable of being accomplished in asuccessful manner within a reasonable period of time, taking into accounteconomic, environmental, social and technological factors.

(k) Areas open to public use means all of the areaswithin a structure housing gaming under a nonrestricted license except areasdevoted to the private use of guests.

(l) Areas devoted to private use of guests meanshotel rooms and hallways to serve hotel room areas, and any parking areas. Ahallway serves hotel room areas if more than 50 percent of the areas on eachside of the hallway are hotel rooms.

(m) Nonrestricted license means a gaming licensewhich is not a restricted gaming license.

 

ARTICLE III. Organization

 

(a) There is created the Tahoe Regional Planning Agencyas a separate legal entity.

The governing body of the agency shall be constitutedas follows:

(1) California delegation:

(A) One member appointed by each of the County Boardsof Supervisors of the Counties of El Dorado and Placer and one member appointedby the City Council of the City of South Lake Tahoe. Any such member may be amember of the county board of supervisors or city council, respectively, andshall reside in the territorial jurisdiction of the governmental body makingthe appointment.

(B) Two members appointed by the Governor ofCalifornia, one member appointed by the Speaker of the Assembly of Californiaand one member appointed by the Senate Rules Committee of the State ofCalifornia. The members appointed pursuant to this subparagraph shall not beresidents of the region and shall represent the public at large within theState of California. A member appointed by the Speaker of the Assembly or theSenate Rules Committee may, subject to confirmation by his or her appointingpower, designate an alternate to attend meetings and vote in the absence of theappointed member. The designation of a named alternate, which shall be inwriting and contain evidence of confirmation by the appointing power, shall bekept on file with the agency. An appointed member may change his or heralternate from time to time, with the confirmation of the appointing power, butshall have only one designated alternate at a time. An alternate shall besubject to those qualifications and requirements prescribed by this compactthat are applicable to the appointed member.

(2) Nevada delegation:

(A) One member appointed by each of the boards ofcounty commissioners of Douglas and Washoe counties and one member appointed bythe board of supervisors of Carson City. Any such member may be a member of theboard of county commissioners or board of supervisors, respectively, and shallreside in the territorial jurisdiction of the governmental body making theappointment.

(B) Two members appointed by the governor of Nevada,one member appointed by the speaker of the assembly and one member appointed bythe majority leader of the Nevada senate. All members appointed pursuant tothis subparagraph shall not be residents of the region and shall represent thepublic at large within the State of Nevada. A member appointed by the speakerof the Nevada assembly or the majority leader of the Nevada senate may, subjectto confirmation by his or her appointing power, designate an alternate toattend meetings and vote in the absence of the appointed member. Thedesignation of a named alternate, which shall be in writing and containevidence of confirmation by the appointing power, shall be kept on file withthe agency. An appointed member may change his or her alternate from time totime, with the confirmation of the appointing power, but shall have only onedesignated alternate at a time. An alternate shall be subject to thosequalifications and requirements prescribed by this compact that are applicableto the appointed member.

(3) If any appointing authority under paragraph (1)(A),(1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days afterthe effective date of the amendments to this compact or the occurrence of avacancy on the governing body, the governor of the state in which theappointing authority is located shall make the appointment. The term of anymember so appointed shall be 1 year.

(4) The position of any member of the governing bodyshall be deemed vacant if such a member is absent from three consecutivemeetings of the governing body in any calendar year.

(5) Each member and employee of the agency shalldisclose his economic interests in the region within 10 days after taking hisseat on the governing board or being employed by the agency and shallthereafter disclose any further economic interest which he acquires, as soon asfeasible after he acquires it. As used in this paragraph, economic interestsmeans:

(A) Any business entity operating in the region inwhich the member or employee has a direct or indirect investment worth morethan $1,000;

(B) Any real property located in the region in whichthe member or employee has a direct or indirect interest worth more than$1,000;

(C) Any source of income attributable to activities inthe region, other than loans by or deposits with a commercial lendinginstitution in the regular course of business, aggregating $250 or more invalue received by or promised to the member within the preceding 12 months; or

(D) Any business entity operating in the region inwhich the member or employee is a director, officer, partner, trustee, employeeor holds any position of management.

No member oremployee of the agency shall make, or attempt to influence, an agency decisionin which he knows or has reason to know he has an economic interest. Membersand employees of the agency must disqualify themselves from making or participatingin the making of any decision of the agency when it is reasonably foreseeablethat the decision will have a material financial effect, distinguishable fromits effect on the public generally, on the economic interests of the member oremployee.

(b) The members of the agency shall serve withoutcompensation, but the expenses of each member shall be met by the body which herepresents in accordance with the law of that body. All other expenses incurredby the governing body in the course of exercising the powers conferred upon itby this compact unless met in some other manner specifically provided, shall bepaid by the agency out of its own funds.

(c) The members of the governing body serve at thepleasure of the appointing authority in each case, but each appointment shallbe reviewed no less often than every 4 years. Members may be reappointed.

(d) The governing body of the agency shall meet atleast monthly. All meetings shall be open to the public to the extent requiredby the law of the State of California or the State of Nevada, whichever imposesthe greater requirement, applicable to local governments at the time suchmeeting is held. The governing body shall fix a date for its regular monthlymeeting in such terms as the first Monday of each month, and shall not changesuch date more often than once in any calendar year. Notice of the date sofixed shall be given by publication at least once in a newspaper or combinationof newspapers whose circulation is general throughout the region and in eachcounty a portion of whose territory lies within the region. Notice of any specialmeeting, except an emergency meeting, shall be given by so publishing the dateand place and posting an agenda at least 5 days prior to the meeting.

(e) The position of a member of the governing bodyshall be considered vacated upon his loss of any of the qualifications requiredfor his appointment and in such event the appointing authority shall appoint asuccessor.

(f) The governing body shall elect from its own membersa chairman and vice chairman, whose terms of office shall be 2 years, and whomay be reelected. If a vacancy occurs in either office, the governing body mayfill such vacancy for the unexpired term.

(g) Four of the members of the governing body from eachstate constitute a quorum for the transaction of the business of the agency.The voting procedures shall be as follows:

(1) For adopting, amending or repealing environmentalthreshold carrying capacities, the regional plan, and ordinances, rules andregulations, and for granting variances from the ordinances, rules andregulations, the vote of at least four of the members of each state agreeingwith the vote of at least four members of the other state shall be required totake action. If there is no vote of at least four of the members from one stateagreeing with the vote of at least four of the members of the other state onthe actions specified in this paragraph, an action of rejection shall be deemedto have been taken.

(2) For approving a project, the affirmative vote of atleast five members from the state in which the project is located and theaffirmative vote of at least nine members of the governing body are required.If at least five members of the governing body from the state in which the projectis located and at least nine members of the entire governing body do not votein favor of the project, upon a motion for approval, an action of rejectionshall be deemed to have been taken. A decision by the agency to approve aproject shall be supported by a statement of findings, adopted by the agency,which indicates that the project complies with the regional plan and withapplicable ordinances, rules and regulations of the agency.

(3) For routine business and for directing the agencysstaff on litigation and enforcement actions, at least eight members of thegoverning body must agree to take action. If at least eight votes in favor ofsuch action are not cast, an action of rejection shall be deemed to have beentaken.

Wheneverunder the provisions of this compact or any ordinance, rule, regulation orpolicy adopted pursuant thereto, the agency is required to review or approveany project, public or private, the agency shall take final action by vote,whether to approve, to require modification or to reject such project, within180 days after the application for such project is accepted as complete by theagency in compliance with the agencys rules and regulations governing suchdelivery unless the applicant has agreed to an extension of this time limit. Ifa final action by vote does not take place within 180 days, the applicant maybring an action in a court of competent jurisdiction to compel a vote unless hehas agreed to an extension. This provision does not limit the right of anyperson to obtain judicial review of agency action under subdivision (h) ofArticle VI. The vote of each member of the governing body shall be individuallyrecorded. The governing body shall adopt its own rules, regulations andprocedures.

(h) An advisory planning commission shall be appointedby the agency. The commission shall include: the chief planning officers ofPlacer County, El Dorado County, and the City of South Lake Tahoe in Californiaand of Douglas County, Washoe County and Carson City in Nevada, the executiveofficer of the Lahontan Regional Water Quality Control Board of the State ofCalifornia, the executive officer of the Air Resources Board of the State ofCalifornia, the director of the state department of conservation and naturalresources of the State of Nevada, the administrator of the division ofenvironmental protection in the state department of conservation and naturalresources of the State of Nevada, the administrator of the Lake TahoeManagement Unit of the United States Forest Service, and at least four laymembers with an equal number from each state, at least half of whom shall beresidents of the region. Any official member may designate an alternate.

The term of office of each lay member of the advisoryplanning commission shall be 2 years. Members may be reappointed.

The position of each member of the advisory planningcommission shall be considered vacated upon loss of any of the qualificationsrequired for appointment, and in such an event the appointing authority shallappoint a successor.

The advisory planning commission shall elect from itsown members a chairman and a vice chairman, whose terms of office shall be 2years and who may be reelected. If a vacancy occurs in either office, theadvisory planning commission shall fill such vacancy for the unexpired term.

A majority of the members of the advisory planningcommission constitutes a quorum for the transaction of the business of thecommission. A majority vote of the quorum present shall be required to takeaction with respect to any matter.

(i) The agency shall establish and maintain an officewithin the region, and for this purpose the agency may rent or own property andequipment. Every plan, ordinance and other record of the agency which is ofsuch nature as to constitute a public record under the law of either the Stateof California or the State of Nevada shall be open to inspection and copyingduring regular office hours.

(j) Each authority charged under this compact or by thelaw of either state with the duty of appointing a member of the governing bodyof the agency shall by certified copy of its resolution or other action notifythe Secretary of State of its own state of the action taken.

 

ARTICLE IV. Personnel

 

(a) The governing body shall determine the qualificationof, and it shall appoint and fix the salary of, the executive officer of theagency, and shall employ such other staff and legal counsel as may be necessaryto execute the powers and functions provided for under this compact or inaccordance with any intergovernmental contracts or agreements the agency may beresponsible for administering.

(b) Agency personnel standards and regulations shallconform insofar as possible to the regulations and procedures of the civilservice of the State of California or the State of Nevada, as may be determinedby the governing body of the agency; and shall be regional and bistate inapplication and effect; provided that the governing body may, foradministrative convenience and at its discretion, assign the administration ofdesignated personnel arrangements to an agency of either state, and providedthat administratively convenient adjustments be made in the standards and regulationsgoverning personnel assigned under intergovernmental agreements.

(c) The agency may establish and maintain orparticipate in such additional programs of employee benefits as may beappropriate to afford employees of the agency terms and conditions ofemployment similar to those enjoyed by employees of California and Nevadagenerally.

 

ARTICLE V. Planning

 

(a) In preparing each of the plans required by thisarticle and each amendment thereto, if any, subsequent to its adoption, theplanning commission after due notice shall hold at least one public hearingwhich may be continued from time to time, and shall review the testimony andany written recommendations presented at such hearing before recommending theplan or amendment. The notice required by this subdivision shall be given atleast 20 days prior to the public hearing by publication at least once in anewspaper or combination of newspapers whose circulation is general throughoutthe region and in each county a portion of whose territory lies within theregion.

The planning commission shall then recommend such planor amendment to the governing body for adoption by ordinance. The governingbody may adopt, modify or reject the proposed plan or amendment, or mayinitiate and adopt a plan or amendment without referring it to the planningcommission. If the governing body initiates or substantially modifies a plan oramendment, it shall hold at least one public hearing thereon after due noticeas required in this subdivision.

If a request is made for the amendment of the regionalplan by:

(1) A political subdivision a part of whose territory wouldbe affected by such amendment; or

(2) The owner or lessee of real property which would beaffected by such amendment,

thegoverning body shall complete its action on such amendment within 180 daysafter such request is accepted as complete according to standards which must beprescribed by ordinance of the agency.

(b) The agency shall develop, in cooperation with thestates of California and Nevada, environmental threshold carrying capacitiesfor the region. The agency should request the Presidents Council onEnvironmental Quality, the United States Forest Service and other appropriateagencies to assist in developing such environmental threshold carryingcapacities. Within 18 months after the effective date of the amendments to thiscompact, the agency shall adopt environmental threshold carrying capacities forthe region.

(c) Within 1 year after the adoption of theenvironmental threshold carrying capacities for the region, the agency shallamend the regional plan so that, at a minimum, the plan and all of itselements, as implemented through agency ordinances, rules and regulations,achieves and maintains the adopted environmental threshold carrying capacities.Each element of the plan shall contain implementation provisions and timeschedules for such implementation by ordinance. The planning commission andgoverning body shall continuously review and maintain the regional plan. Theregional plan shall consist of a diagram, or diagrams, and text, or textssetting forth the projects and proposals for implementation of the regionalplan, a description of the needs and goals of the region and a statement of thepolicies, standards and elements of the regional plan.

The regional plan shall be a single enforceable planand includes all of the following correlated elements:

(1) A land-use plan for the integrated arrangement andgeneral location and extent of, and the criteria and standards for, the uses ofland, water, air, space and other natural resources within the region,including but not limited to, an indication or allocation of maximum populationdensities and permitted uses.

(2) A transportation plan for the integrateddevelopment of a regional system of transportation, including but not limitedto parkways, highways, transportation facilities, transit routes, waterways,navigation facilities, public transportation facilities, bicycle facilities,and appurtenant terminals and facilities for the movement of people and goodswithin the region. The goal of transportation planning shall be:

(A) To reduce dependency on the automobile by makingmore effective use of existing transportation modes and of public transit tomove people and goods within the region; and

(B) To reduce to the extent feasible air pollutionwhich is caused by motor vehicles.

Whereincreases in capacity are required, the agency shall give preference to providingsuch capacity through public transportation and public programs and projectsrelated to transportation. The agency shall review and consider all existingtransportation plans in preparing its regional transportation plan pursuant tothis paragraph.

The plan shall provide for an appropriate transitsystem for the region.

The plan shall give consideration to:

(A) Completion of the Loop Road in the states of Nevadaand California;

(B) Utilization of a light rail mass transit system inthe South Shore area; and

(C) Utilization of a transit terminal in the KingsburyGrade area.

Until theregional plan is revised, or a new transportation plan is adopted in accordancewith this paragraph, the agency has no effective transportation plan.

(3) A conservation plan for the preservation,development, utilization, and management of the scenic and other naturalresources within the basin, including but not limited to, soils, shoreline andsubmerged lands, scenic corridors along transportation routes, open spaces,recreational and historical facilities.

(4) A recreation plan for the development, utilization,and management of the recreational resources of the region, including but notlimited to, wilderness and forested lands, parks and parkways, riding andhiking trails, beaches and playgrounds, marinas, areas for skiing and otherrecreational facilities.

(5) A public services and facilities plan for thegeneral location, scale and provision of public services and facilities, which,by the nature of their function, size, extent and other characteristics arenecessary or appropriate for inclusion in the regional plan.

In formulating and maintaining the regional plan, theplanning commission and governing body shall take account of and shall seek toharmonize the needs of the region as a whole, the plans of the counties andcities within the region, the plans and planning activities of the state,federal and other public agencies and nongovernmental agencies andorganizations which affect or are concerned with planning and developmentwithin the region.

(d) The regional plan shall provide for attaining andmaintaining federal, state, or local air and water quality standards, whicheverare strictest, in the respective portions of the region for which the standardsare applicable.

The agency may, however, adopt air or water qualitystandards or control measures more stringent than the applicable stateimplementation plan or the applicable federal, state, or local standards forthe region, if it finds that such additional standards or control measures arenecessary to achieve the purposes of this compact. Each element of the regionalplan, where applicable, shall, by ordinance, identify the means and timeschedule by which air and water quality standards will be attained.

(e) Except for the Regional Transportation Plan of theCalifornia Tahoe Regional Planning Agency, the regional plan, ordinances, rulesand regulations adopted by the California Tahoe Regional Planning Agency ineffect on July 1, 1980, shall be the regional plan, ordinances, rules andregulations of the Tahoe Regional Planning Agency for that portion of the Tahoeregion located in the State of California. Such plan, ordinance, rule orregulation may be amended or repealed by the governing body of the agency. Theplans, ordinances, rules and regulations of the Tahoe Regional Planning Agencythat do not conflict with, or are not addressed by, the California TahoeRegional Planning Agencys plans, ordinances, rules and regulations referred toin this subdivision shall continue to be applicable unless amended or repealedby the governing body of the agency. No provision of the regional plan, ordinances,rules and regulations of the California Tahoe Regional Planning Agency referredto in this subdivision shall apply to that portion of the region within theState of Nevada, unless such provision is adopted for the Nevada portion of theregion by the governing body of the agency.

(f) The regional plan, ordinances, rules andregulations of the Tahoe Regional Planning Agency apply to that portion of theregion within the State of Nevada.

(g) The agency shall adopt ordinances prescribingspecific written findings that the agency must make prior to approving anyproject in the region. These findings shall relate to environmental protectionand shall insure that the project under review will not adversely affectimplementation of the regional plan and will not cause the adopted environmentalthreshold carrying capacities of the region to be exceeded.

(h) The agency shall maintain the data, maps and otherinformation developed in the course of formulating and administering theregional plan, in a form suitable to assure a consistent view of developmentaltrends and other relevant information for the availability of and use by otheragencies of government and by private organizations and individuals concerned.

(i) Where necessary for the realization of the regionalplan, the agency may engage in collaborative planning with local governmentaljurisdictions located outside the region, but contiguous to its boundaries. Informulating and implementing the regional plan, the agency shall seek thecooperation and consider the recommendations of counties and cities and otheragencies of local government, of state and federal agencies, of educationalinstitutions and research organizations, whether public or private, and ofcivic groups and private persons.

 

ARTICLE VI. Agencys Powers

 

(a) The governing body shall adopt all necessaryordinances, rules, and regulations to effectuate the adopted regional plan.Except as otherwise provided in this compact, every such ordinance, rule orregulation shall establish a minimum standard applicable throughout the region.Any political subdivision or public agency may adopt and enforce an equal orhigher requirement applicable to the same subject of regulation in itsterritory. The regulations of the agency shall contain standards including butnot limited to the following: water purity and clarity; subdivision; zoning;tree removal; solid waste disposal; sewage disposal; land fills, excavations,cuts and grading; piers, harbors, breakwaters or channels and other shorelinedevelopments; waste disposal in shoreline areas; waste disposal from boats;mobile-home parks; house relocation; outdoor advertising; floodplainprotection; soil and sedimentation control; air pollution; and watershedprotection. Whenever possible without diminishing the effectiveness of theregional plan, the ordinances, rules, regulations and policies shall beconfined to matters which are general and regional in application, leaving tothe jurisdiction of the respective states, counties and cities the enactment ofspecific and local ordinances, rules, regulations and policies which conform tothe regional plan.

The agency shall prescribe by ordinance thoseactivities which it has determined will not have substantial effect on theland, water, air, space or any other natural resources in the region andtherefore will be exempt from its review and approval.

Every ordinance adopted by the agency shall bepublished at least once by title in a newspaper or combination of newspaperswhose circulation is general throughout the region. Except an ordinanceadopting or amending the regional plan, no ordinance shall become effectiveuntil 60 days after its adoption. Immediately after its adoption, a copy ofeach ordinance shall be transmitted to the governing body of each politicalsubdivision having territory within the region.

(b) No project other than those to be reviewed andapproved under the special provisions of subdivisions (d), (e), (f) and (g) maybe developed in the region without obtaining the review and approval of theagency and no project may be approved unless it is found to comply with theregional plan and with the ordinances, rules and regulations enacted pursuantto subdivision (a) to effectuate that plan.

The agency may approve a project in the region onlyafter making the written findings required by this subdivision or subdivision(g) of Article V. Such findings shall be based on substantial evidence in therecord.

Before adoption by the agency of the ordinancesrequired in subdivision (g) of Article V, the agency may approve a project inthe region only after making written findings on the basis of substantialevidence in the record that the project is consistent with the regional planthen in effect and with applicable plans, ordinances, regulations, andstandards of federal and state agencies relating to the protection, maintenanceand enhancement of environmental quality in the region.

(c) The legislatures of the states of California andNevada find that in order to make effective the regional plan as revised by theagency, it is necessary to halt temporarily works of development in the regionwhich might otherwise absorb the entire capability of the region for furtherdevelopment or direct it out of harmony with the ultimate plan. Subject to thelimitation provided in this subdivision, from the effective date of theamendments to this compact until the regional plan is amended pursuant tosubdivision (c) of Article V, or until May 1, 1983, whichever is earlier:

(1) Except as otherwise provided in this paragraph, nonew subdivision, planned unit development, or condominium project may beapproved unless a complete tentative map or plan has been approved before theeffective date of the amendments to this compact by all agencies havingjurisdiction. The subdivision of land owned by a general improvement district,which existed and owned the land before the effective date of the amendments tothis compact, may be approved if subdivision of the land is necessary to avoidinsolvency of the district.

(2) Except as provided in paragraph (3), no apartmentbuilding may be erected unless the required permits for such building have beensecured from all agencies having jurisdiction, prior to the effective date ofthe amendments to this compact.

(3) During each of the calendar years 1980, 1981 and1982, no city or county may issue building permits which authorize theconstruction of a greater number of new residential units within the regionthan were authorized within the region by building permits issued by that cityor county during the calendar year 1978. For the period of January throughApril, 1983, building permits authorizing the construction of no more thanone-third of that number may be issued by each such city or county. Forpurposes of this paragraph a residential unit means either a single familyresidence or an individual residential unit within a larger building, such asan apartment building, a duplex or a condominium.

The legislatures find the respective numbers ofresidential units authorized within the region during the calendar year 1978 tobe as follows:

1. City of South Lake Tahoe and El Dorado County(combined)........................... 252

2. Placer County............................................................................................................. 278

3. Carson City.................................................................................................................. -0-

4. Douglas County........................................................................................................ 339

5. Washoe County........................................................................................................ 739

(4) During each of the calendar years 1980, 1981 and1982, no city or county may issue building permits which authorize constructionof a greater square footage of new commercial buildings within the region thanwere authorized within the region by building permits for commercial purposesissued by that city or county during the calendar year 1978. For the period ofJanuary through April, 1983, building permits authorizing the construction ofno more than one-third the amount of that square footage may be issued by eachsuch city or county.

The legislatures find the respective square footages ofcommercial buildings authorized within the region during calendar year 1978 tobe as follows:

1. City of South Lake Tahoe and El Dorado County(combined)................... 64,324

2. Placer County..................................................................................................... 23,000

3. Carson City......................................................................................................... -0-

4. Douglas County................................................................................................ 57,354

5. Washoe County................................................................................................ 50,600

(5) No structure may be erected to house gaming under anonrestricted license.

(6) No facility for the treatment of sewage may beconstructed or enlarged except:

(A) To comply, as ordered by the appropriate stateagency for the control of water pollution, with existing limitations ofeffluent under the Clean Water Act, 33 U.S.C. 1251 et seq., and theapplicable state law for control of water pollution;

(B) To accommodate development which is not prohibitedor limited by this subdivision; or

(C) In the case of Douglas County Sewer District # 1,to modify or otherwise alter sewage treatment facilities existing on theeffective date of the amendments to this compact so that such facilities willbe able to treat the total volume of effluent for which they were originallydesigned, which is 3.0 million gallons per day. Such modification or alterationis not a project; is not subject to the requirements of Article VII; and doesnot require a permit from the agency. Before commencing such modification oralteration, however, the district shall submit to the agency its reportidentifying any significant soil erosion problems which may be caused by suchmodifications or alterations and the measures which the district proposes totake to mitigate or avoid such problems.

The moratorium imposed by this subdivision does notapply to work done pursuant to a right vested before the effective date of theamendments to this compact. Notwithstanding the expiration date of themoratorium imposed by this subdivision, no new highway may be built or existinghighway widened to accommodate additional continuous lanes for automobilesuntil the regional transportation plan is revised and adopted.

The moratorium imposed by this subdivision does notapply to the construction of any parking garage which has been approved by theagency prior to May 4, 1979, whether that approval was affirmative or bydefault. The provisions of this paragraph are not an expression of legislativeintent that any such parking garage, the approval of which is the subject oflitigation which was pending on the effective date of the amendments to thiscompact, should or should not be constructed. The provisions of this paragraphare intended solely to permit construction of such a parking garage if ajudgment sustaining the agencys approval to construct that parking garage hasbecome final and no appeal is pending or may lawfully be taken to a highercourt.

(d) Subject to the final order of any court ofcompetent jurisdiction entered in litigation contesting the validity of anapproval by the Tahoe Regional Planning Agency, whether that approval wasaffirmative or by default, if that litigation was pending on May 4, 1979, theagency and the states of California and Nevada shall recognize as a permittedand conforming use:

(1) Every structure housing gaming under anonrestricted license which existed as a licensed gaming establishment on May4, 1979, or whose construction was approved by the Tahoe Regional PlanningAgency affirmatively or deemed approved before that date. The construction oruse of any structure to house gaming under a nonrestricted license not soexisting or approved, or the enlargement in cubic volume of any such existingor approved structure is prohibited.

(2) Every other nonrestricted gaming establishmentwhose use was seasonal and whose license was issued before May 4, 1979, for thesame season and for the number and type of games and slot machines on whichtaxes or fees were paid in the calendar year 1978.

(3) Gaming conducted pursuant to a restricted gaminglicense issued before May 4, 1979, to the extent permitted by that license onthat date.

The areawithin any structure housing gaming under a nonrestricted license which may beopen to public use (as distinct from that devoted to the private use of guestsand exclusive of any parking area) is limited to the area existing or approvedfor public use on May 4, 1979. Within these limits, any external modificationof the structure which requires a permit from a local government also requiresapproval from the agency. The agency shall not permit restaurants, conventionfacilities, showrooms or other public areas to be constructed elsewhere in theregion outside the structure in order to replace areas existing or approved forpublic use on May 4, 1979.

(e) Any structure housing licensed gaming may berebuilt or replaced to a size not to exceed the cubic volume, height and landcoverage existing or approved on May 4, 1979, without the review or approval ofthe agency or any planning or regulatory authority of the State of Nevada whosereview or approval would be required for a new structure.

(f) The following provisions apply to any internal orexternal modification, remodeling, change in use, or repair of a structurehousing gaming under a nonrestricted license which is not prohibited bysubdivision (d):

(1) The agencys review of an external modification ofthe structure which requires a permit from a local government is limited todetermining whether the external modification will do any of the following:

(A) Enlarge the cubic volume of the structure;

(B) Increase the total square footage of area open toor approved for public use on May 4, 1979;

(C) Convert an area devoted to the private use ofguests to an area open to public use;

(D) Increase the public area open to public use whichis used for gaming beyond the limits contained in paragraph (3); and

(E) Conflict with or be subject to the provisions ofany of the agencys ordinances that are generally applicable throughout theregion.

The agencyshall make this determination within 60 days after the proposal is delivered tothe agency in compliance with the agencys rules or regulations governing suchdelivery unless the applicant has agreed to an extension of this time limit. Ifan external modification is determined to have any of the effects enumerated insubparagraphs (A) through (C), it is prohibited. If an external modification isdetermined to have any of the effects enumerated in subparagraph (D) or (E), itis subject to the applicable provisions of this compact. If an externalmodification is determined to have no such effect, it is not subject to theprovisions of this compact.

(2) Except as provided in paragraph (3), internalmodification, remodeling, change in use or repair of a structure housing gamingunder a nonrestricted license is not a project and does not require the reviewor approval of the agency.

(3) Internal modification, remodeling, change in use orrepair of areas open to public use within a structure housing gaming under anonrestricted license which alone or in combination with any other suchmodification, remodeling, change in use or repair will increase the totalportion of those areas which is actually used for gaming by more than theproduct of the total base area, as defined below, in square feet existing on orapproved before August 4, 1980, multiplied by 15 percent constitutes a projectand is subject to all of the provisions of this compact relating to projects.For purposes of this paragraph and the determination required by subdivision(g), base area means all of the area within a structure housing gaming under anonrestricted license which may be open to public use, whether or not gaming isactually conducted or carried on in that area, except retail stores, conventioncenters and meeting rooms, administrative offices, kitchens, maintenance andstorage areas, rest rooms, engineering and mechanical rooms, accounting roomsand counting rooms.

(g) In order to administer and enforce the provisionsof subdivisions (d), (e) and (f) the State of Nevada, through its appropriateplanning or regulatory agency, shall require the owner or licensee of astructure housing gaming under a nonrestricted license to provide:

(1) Documents containing sufficient information for theNevada agency to establish the following relative to the structure:

(A) The location of its external walls;

(B) Its total cubic volume;

(C) Within its external walls, the area in square feetopen or approved for public use and the area in square feet devoted to orapproved for the private use of guests on May 4, 1979;

(D) The amount of surface area of land under thestructure; and

(E) The base area as defined in paragraph (3) ofsubdivision (f) in square feet existing on or approved before August 4, 1980.

(2) An informational report whenever any internalmodification, remodeling, change in use, or repair will increase the totalportion of the areas open to public use which is used for gaming.

The Nevada agency shall transmit this information tothe Tahoe Regional Planning Agency.

(h) Gaming conducted pursuant to a restricted gaminglicense is exempt from review by the agency if it is incidental to the primaryuse of the premises.

(i) The provisions of subdivisions (d) and (e) areintended only to limit gaming and related activities as conducted within agaming establishment, or construction designed to permit the enlargement ofsuch activities, and not to limit any other use of property zoned forcommercial use or the accommodation of tourists, as approved by the agency.

(j) Legal actions arising out of or alleging aviolation of the provisions of this compact, of the regional plan or of anordinance or regulation of the agency or of a permit or a condition of a permitissued by the agency are governed by the following provisions:

(1) This subdivision applies to:

(A) Actions arising out of activities directlyundertaken by the agency.

(B) Actions arising out of the issuance to a person ofa lease, permit, license or other entitlement for use by the agency.

(C) Actions arising out of any other act or failure toact by any person or public agency.

Such legalactions may be filed and the provisions of this subdivision apply equally inthe appropriate courts of California and Nevada and of the United States.

(2) Venue lies:

(A) If a civil or criminal action challenges anactivity by the agency or any person which is undertaken or to be undertakenupon a parcel of real property, in the state or federal judicial district wherethe real property is situated.

(B) If an action challenges an activity which does notinvolve a specific parcel of land (such as an action challenging an ordinanceof the agency), in any state or federal court having jurisdiction within theregion.

(3) Any aggrieved person may file an action in anappropriate court of the State of California or Nevada or of the United Statesalleging noncompliance with the provisions of this compact or with an ordinanceor regulation of the agency. In the case of governmental agencies, aggrievedperson means the Tahoe Regional Planning Agency or any state, federal or localagency. In the case of any person other than a governmental agency whochallenges an action of the Tahoe Regional Planning Agency, aggrieved personmeans any person who has appeared, either in person, through an authorizedrepresentative, or in writing, before the agency at an appropriateadministrative hearing to register objection to the action which is being challenged,or who had good cause for not making such an appearance.

(4) A legal action arising out of the adoption oramendment of the regional plan or of any ordinance or regulation of the agency,or out of the granting or denial of any permit, shall be commenced within 60days after final action by the agency. All other legal actions shall becommenced within 65 days after discovery of the cause of action.

(5) In any legal action filed pursuant to thissubdivision which challenges an adjudicatory act or decision of the agency toapprove or disapprove a project, the scope of judicial inquiry shall extendonly to whether there was prejudicial abuse of discretion. Prejudicial abuse ofdiscretion is established if the agency has not proceeded in a manner requiredby law or if the act or decision of the agency was not supported by substantialevidence in light of the whole record. In making such a determination the courtshall not exercise its independent judgment on evidence but shall only determinewhether the act or decision was supported by substantial evidence in light ofthe whole record. In any legal action filed pursuant to this subdivision whichchallenges a legislative act or decision of the agency (such as the adoption ofthe regional plan and the enactment of implementing ordinances), the scope ofthe judicial inquiry shall extend only to the questions of whether the act ordecision has been arbitrary, capricious or lacking substantial evidentiarysupport or whether the agency has failed to proceed in a manner required bylaw.

(6) The provisions of this subdivision do not apply toany legal proceeding pending on the date when this subdivision becomeseffective. Any such legal proceeding shall be conducted and concluded under theprovisions of law which were applicable prior to the effective date of thissubdivision.

(7) The security required for the issuance of atemporary restraining order or preliminary injunction based upon an allegedviolation of this compact or any ordinance, plan, rule or regulation adoptedpursuant thereto is governed by the rule or statute applicable to the court inwhich the action is brought, unless the action is brought by a public agency orpolitical subdivision to enforce its own rules, regulations and ordinances inwhich case no security shall be required.

(k) The agency shall monitor activities in the regionand may bring enforcement actions in the region to ensure compliance with theregional plan and adopted ordinances, rules, regulations and policies. If it isfound that the regional plan, or ordinances, rules, regulations and policiesare not being enforced by a local jurisdiction, the agency may bring action ina court of competent jurisdiction to ensure compliance.

(l) Any person who violates any provision of thiscompact or of any ordinance or regulation of the agency or of any condition ofapproval imposed by the agency is subject to a civil penalty not to exceed$5,000. Any such person is subject to an additional civil penalty not to exceed$5,000 per day, for each day on which such a violation persists. In imposingthe penalties authorized by this subdivision, the court shall consider thenature of the violation and shall impose a greater penalty if it was willful orresulted from gross negligence than if it resulted from inadvertence or simplenegligence.

(m) The agency is hereby empowered to initiate,negotiate and participate in contracts and agreements among the localgovernmental authorities of the region, or any other intergovernmentalcontracts or agreements authorized by state or federal law.

(n) Each intergovernmental contract or agreement shallprovide for its own funding and staffing, but this shall not preclude financialcontributions from the local authorities concerned or from supplementarysources.

(o) Every record of the agency, whether public or not,shall be open for examination to the Legislature and Controller of the State ofCalifornia and the legislative auditor of the State of Nevada.

(p) Approval by the agency of any project expires 3years after the date of final action by the agency or the effective date of theamendments to this compact, whichever is later, unless construction is begunwithin that time and diligently pursued thereafter, or the use or activity hascommenced. In computing the 3-year period any period of time during which theproject is the subject of a legal action which delays or renders impossible thediligent pursuit of that project shall not be counted. Any license, permit orcertificate issued by the agency which has an expiration date shall be extendedby that period of time during which the project is the subject of such legalaction as provided in this subdivision.

(q) The governing body shall maintain a current list ofreal property known to be available for exchange with the United States or withother owners of real property in order to facilitate exchanges of real propertyby owners of real property in the region.

 

ARTICLE VII. Environmental Impact Statements

 

(a) The Tahoe Regional Planning Agency when acting uponmatters that have a significant effect on the environment shall:

(1) Utilize a systematic, interdisciplinary approachwhich will insure the integrated use of the natural and social sciences and theenvironmental design arts in planning and in decision making which may have animpact on mans environment;

(2) Prepare and consider a detailed environmentalimpact statement before deciding to approve or carry out any project. Thedetailed environmental impact statement shall include the following:

(A) The significant environmental impacts of theproposed project;

(B) Any significant adverse environmental effects whichcannot be avoided should the project be implemented;

(C) Alternatives to the proposed project;

(D) Mitigation measures which must be implemented toassure meeting standards of the region;

(E) The relationship between local short-term uses ofmans environment and the maintenance and enhancement of long-termproductivity;

(F) Any significant irreversible and irretrievable commitmentsof resources which would be involved in the proposed project should it beimplemented; and

(G) The growth-inducing impact of the proposed project;

(3) Study, develop and describe appropriatealternatives to recommended courses of action for any project which involvesunresolved conflicts concerning alternative uses of available resources;

(4) Make available to states, counties, municipalities,institutions and individuals, advice and information useful in restoring,maintaining and enhancing the quality of the regions environment; and

(5) Initiate and utilize ecological information in theplanning and development of resource-oriented projects.

(b) Prior to completing an environmental impactstatement, the agency shall consult with and obtain the comments of anyfederal, state or local agency which has jurisdiction by law or specialexpertise with respect to any environmental impact involved. Copies of suchstatement and the comments and views of the appropriate federal, state andlocal agencies which are authorized to develop and enforce environmentalstandards shall be made available to the public and shall accompany the projectthrough the review processes. The public shall be consulted during the environmentalimpact statement process and views shall be solicited during a public commentperiod not to be less than 60 days.

(c) Any environmental impact statement requiredpursuant to this article need not repeat in its entirety any information ordata which is relevant to such a statement and is a matter of public record oris generally available to the public, such as information contained in anenvironmental impact report prepared pursuant to the California EnvironmentalQuality Act or a federal environmental impact statement prepared pursuant tothe National Environmental Policy Act of 1969. However, such information ordata shall be briefly described in the environmental impact statement and itsrelationship to the environmental impact statement shall be indicated.

In addition, any person may submit information relativeto a proposed project which may be included, in whole or in part, in anyenvironmental impact statement required by this article.

(d) In addition to the written findings specified byagency ordinance to implement the regional plan, the agency shall make eitherof the following written findings before approving a project for which anenvironmental impact statement was prepared:

(1) Changes or alterations have been required in orincorporated into such project which avoid or reduce the significant adverseenvironmental effects to a less than significant level; or

(2) Specific considerations, such as economic, socialor technical, make infeasible the mitigation measures or project alternativesdiscussed in the environmental impact statement on the project.

A separatewritten finding shall be made for each significant effect identified in theenvironmental impact statement on the project. All written findings must be supportedby substantial evidence in the record.

(e) The agency may charge and collect a reasonable feefrom any person proposing a project subject to the provisions of this compactin order to recover the estimated costs incurred by the agency in preparing anenvironmental impact statement under this article.

(f) The agency shall adopt by ordinance a list ofclasses of projects which the agency has determined will not have a significanteffect on the environment and therefore will be exempt from the requirement forthe preparation of an environmental impact statement under this article. Priorto adopting the list, the agency shall make a written finding supported bysubstantial evidence in the record that each class of projects will not have asignificant effect on the environment.

 

ARTICLE VIII. Finances

 

(a) On or before September 30 of each calendar year theagency shall establish the amount of money necessary to support its activitiesfor the next succeeding fiscal year commencing July 1 of the following year.The agency shall apportion $75,000 of this amount among the counties within theregion on the same ratio to the total sum required as the full cash valuationof taxable property within the region in each county bears to the total fullcash valuation of taxable property within the region. In addition, each countywithin the region in California shall pay $18,750 to the agency and each countywithin the region in Nevada, including Carson City, shall pay $12,500 to theagency, from any funds available therefor. The State of California and theState of Nevada may pay to the agency by July 1 of each year any additionalsums necessary to support the operations of the agency pursuant to thiscompact. If additional funds are required, the agency shall make a request forthe funds to the states of California and Nevada. Requests for state funds mustbe apportioned two-thirds from California and one-third from Nevada. Moneyappropriated shall be paid within 30 days.

(b) The agency may fix and collect reasonable fees forany services rendered by it.

(c) The agency shall submit an itemized budget to thestates for review with any request for state funds, shall be strictlyaccountable to any county in the region and the states for all funds paid bythem to the agency and shall be strictly accountable to all participating bodiesfor all receipts and disbursement.

(d) The agency is authorized to receive gifts,donations, subventions, grants, and other financial aids and funds; but theagency may not own land except as provided in subdivision (i) of Article III.

(e) The agency shall not obligate itself beyond themoneys due under this article for its support from the several counties and thestates for the current fiscal year, plus any moneys on hand or irrevocablypledged to its support from other sources. No obligation contracted by theagency shall bind either of the party states or any political subdivisionthereof.

 

ARTICLE IX. Transportation District

 

(a) The Tahoe transportation district is herebyestablished as a special purpose district. The boundaries of the district arecoterminous with those of the region.

(b) The business of the district shall be managed by aboard of directors consisting of:

(1) One member of the county board of supervisors ofeach of the counties of El Dorado and Placer who must be appointed by hisrespective board of supervisors;

(2) One member of the city council of the City of SouthLake Tahoe who must be appointed by the city council;

(3) One member each of the board of countycommissioners of Douglas County and of Washoe County who must be appointed byhis respective board of county commissioners;

(4) One member of the board of supervisors of CarsonCity who must be appointed by the board of supervisors;

(5) One member of the South Shore TransportationManagement Association or its successor organization who must be appointed bythe association or its successor organization;

(6) One member of the North Shore TransportationManagement Association or its successor organization who must be appointed bythe association or its successor organization;

(7) One member of each local transportation district inthe region that is authorized by the State of Nevada or the State of Californiawho must be appointed by his respective transportation district;

(8) One member appointed by a majority of the othervoting directors who represents a public or private transportation systemoperating in the region;

(9) The director of the California Department ofTransportation; and

(10) The director of the department of transportationof the State of Nevada.

Any entitythat appoints a member to the board of directors, the director of theCalifornia Department of Transportation or the director of the department oftransportation of the State of Nevada may designate an alternate.

(c) Before a local transportation district appoints amember to the board of directors pursuant to paragraph (7) of subdivision (b),the local transportation district must enter into a written agreement with theTahoe transportation district that sets forth the responsibilities of thedistricts for the establishment of policies and the management of financialmatters, including, but not limited to, the distribution of revenue among thedistricts.

(d) The directors of the California Department ofTransportation and the department of transportation of the State of Nevada, ortheir designated alternates, serve as nonvoting directors, but shall providetechnical and professional advice to the district as necessary and appropriate.

(e) The vote of a majority of the directors must agreeto take action. If a majority of votes in favor of an action are not cast, anaction of rejection shall be deemed to have been taken.

(f) The Tahoe transportation district may by resolutionestablish procedures for the adoption of its budgets, the appropriation of itsmoney and the carrying on of its other financial activities. These proceduresmust conform insofar as is practicable to the procedures for financialadministration of the State of California or the State of Nevada or one or moreof the local governments in the region.

(g) The Tahoe transportation district may in accordancewith the adopted transportation plan:

(1) Own and operate a public transportation system tothe exclusion of all other publicly owned transportation systems in the region.

(2) Own and operate support facilities for public andprivate systems of transportation, including, but not limited to, parking lots,terminals, facilities for maintenance, devices for the collection of revenueand other related equipment.

(3) Acquire or agree to operate upon mutually agreeableterms any publicly or privately owned transportation system or facility withinthe region.

(4) Hire the employees of existing publictransportation systems that are acquired by the district without loss ofbenefits to the employees, bargain collectively with employee organizations,and extend pension and other collateral benefits to employees.

(5) Contract with private companies to providesupplementary transportation or provide any of the services needed in operatinga system of transportation for the region.

(6) Contract with local governments in the region tooperate transportation facilities or provide any of the services necessary tooperate a system of transportation for the region.

(7) Fix the rates and charges for transportationservices provided pursuant to this subdivision.

(8) Issue revenue bonds and other evidence ofindebtedness and make other financial arrangements appropriate for developingand operating a public transportation system.

(9) By resolution, determine and propose for adoption atax for the purpose of obtaining services of the district. The tax proposedmust be general and of uniform operation throughout the region, and may not begraduated in any way, except for a sales and use tax. If a salesand use tax is approved by the voters as provided in this paragraph, itmay be administered by the states of California and Nevada respectively inaccordance with the laws that apply within their respective jurisdictions andmust not exceed a rate of 1 percent of the gross receipts from the sale oftangible personal property sold in the district. The district isprohibited from imposing any other tax measured by gross or net receipts onbusiness, an ad valorem tax, a tax or charge that is assessed against people orvehicles as they enter or leave the region, and any tax, direct or indirect, ongaming tables and devices. Any such proposition must be submitted to the votersof the district and shall become effective upon approval of the voters voting onthe proposition who reside in the State of California in accordance with thelaws that apply within that state and approval of the voters voting on theproposition who reside in the State of Nevada in accordance with the laws thatapply within that state. The revenues from any such tax must be used for theservice for which it was imposed, and for no other purpose.

(10) Provide service from inside the region toconvenient airport, railroad and interstate bus terminals without regard to theboundaries of the region.

(h) The legislatures of the states of Californiaand Nevada may, by substantively identical enactments, amend this article.

 

ARTICLE X. Miscellaneous

 

(a) It is intended that the provisions of this compactshall be reasonably and liberally construed to effectuate the purposes thereof.Except as provided in subdivision (c), the provisions of this compact shall beseverable and if any phrase, clause, sentence or provision of this compact isdeclared to be contrary to the constitution of any participating state or ofthe United States or the applicability thereof to any government, agency,person or circumstance is held invalid, the validity of the remainder of thiscompact and the applicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If this compact shall be heldcontrary to the constitution of any state participating therein, the compactshall remain in full force and effect as to the remaining state and in fullforce and effect as to the state affected as to all severable matters.

(b) The agency shall have such additional powers andduties as may hereafter be delegated or imposed upon it from time to time bythe action of the Legislature of either state concurred in by the Legislatureof the other.

(c) A state party to this compact may withdrawtherefrom by enacting a statute repealing the compact. Notice of withdrawalshall be communicated officially and in writing to the Governor of the otherstate and to the agency administrators. This provision is not severable, and ifit is held to be unconstitutional or invalid, no other provision of thiscompact shall be binding upon the State of Nevada or the State of California.

(d) No provision of this compact shall have any effectupon the allocation, distribution or storage of interstate waters or upon anyappropriative water right.

(Added to NRS by 1968, 4; A 1979, 1135; 1980, 1;1987, 28; 1997, 1125, 1147, effective upon proclamation by the Governor of thisState that the State of California has enacted amendments substantially similarto the amendments approved in 1997 by the Legislature of this State and uponapproval by the Congress of the United States of the proposed amendments of1987)

NRS 277.207 Priorityfor hearings in judicial actions and proceedings. Alljudicial actions and proceedings in which there may arise a question of thevalidity of any matter under the provisions of NRS 277.190 to 277.220, inclusive, shall be advanced as amatter of immediate public interest and concern, and be heard at the earliestpracticable moment.

(Added to NRS by 1971, 122; A 1999, 742)

NRS 277.210 Conflictof interest of member of governing body; penalties.

1. It is unlawful for any member of the governing bodyof the Tahoe Regional Planning Agency to be interested in any contract made byhim, or be a purchaser or be interested in any purchase of a sale made by himin the discharge of his official duties.

2. All contracts made in violation of subsection 1 maybe declared void at the instance of the Tahoe Regional Planning Agency, or ofany other party interested in such contract, except the member prohibited frommaking or being interested in such contract.

3. Any person violating the provisions of thissection, directly or indirectly, shall forfeit his office, and shall bepunished by a fine of not more than $1,000, or by imprisonment in the stateprison for not more than 1 year, or by both fine and imprisonment.

(Added to NRS by 1968, 13)

NRS 277.215 Violationof certain provisions of Code of Ordinances of Tahoe Regional Planning Agency: Peaceofficer authorized to take various actions; reporting of name and address ofviolator; exception.

1. Except as otherwise provided in subsection 3, everygame warden, sheriff and other peace officer of this state and its politicalsubdivisions may issue one or more of the following:

(a) Educational material provided by the Tahoe RegionalPlanning Agency;

(b) An oral advisory; or

(c) A warning citation,

to a personwho violates, within the portion of the region that is within the waters ofthis state, section 54.16(A), 54.16(B) or 81.2(E) of the Code of Ordinancesadopted by the Tahoe Regional Planning Agency and in effect on April 1, 1999.

2. A game warden, sheriff or other peace officer whoissues a warning citation pursuant to subsection 1 shall report the name andaddress of the person to whom such warning was issued to the Tahoe RegionalPlanning Agency.

3. An agency that provides law enforcement or otherpublic safety services is not subject to the provisions of section 54.16(A),54.16(B) or 81.2(E) of the Code of Ordinances adopted by the Tahoe RegionalPlanning Agency and in effect on April 1, 1999, when performing its officialduties during an emergency or disaster on the waters of Lake Tahoe if suchduties are performed in an effort to protect life or property.

4. As used in this section:

(a) Region has the meaning ascribed to it in NRS 277.200.

(b) Waters of this state means any waters within theterritorial limits of this state.

(Added to NRS by 1999, 741)

NRS 277.220 Accountfor Tahoe Regional Planning Agency: Creation; source and use of money. The Account for the Tahoe Regional Planning Agency ishereby established in the State General Fund and consists of any money providedby direct legislative appropriation. Money in this Account must be expended forthe support of, or paid over directly to, the Tahoe Regional Planning Agency inwhatever amount and manner is directed by each appropriation or provided bylaw.

(Added to NRS by 1968, 13; A 1985, 714)

REGIONAL DEVELOPMENT DISTRICTS

General Provisions

NRS 277.300 Legislativefindings and declarations; purpose; general duties of district.

1. The Legislature hereby finds that:

(a) Problems of development in urban and rural regionsof the State so transcend the boundary lines of governmental units that nosingle unit can plan for their solution without affecting other units in theregion;

(b) Coordination of multijurisdictional activities isessential to the development and implementation of effective policies andprograms; and

(c) Intergovernmental cooperation is an effective meansof pooling the resources of local government to approach common problems andopportunities to make the most effective use of local, state, federal andprivate programs in serving the citizens of such urban and rural regions.

2. It is the purpose of NRS 277.300 to 277.390, inclusive, to authorize the establishmentof regional development districts to work with and on behalf of governmentalunits to develop plans or implement programs to address economic, social,physical and governmental concerns of each region of the State.

3. A regional development district shall, as directedby its board, serve as a regional resource center and shall provide planning,community and economic development, and technical assistance to localgovernments that are members of the district and may provide assistance toindustrial development organizations, tourism promotion organizations,community development groups and similar organizations upon request.

(Added to NRS by 2003, 1954)

NRS 277.305 Definitions. For the purposes of NRS277.300 to 277.390, inclusive, thewords and terms defined in NRS 277.310to 277.330, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2003, 1954)

NRS 277.310 Boarddefined. Board means the board of directorsof a regional development district.

(Added to NRS by 2003, 1954)

NRS 277.315 Developmentregion or region defined. Developmentregion or region means two or more contiguous counties whose boundaries constitutethe geographic area of a regional development district.

(Added to NRS by 2003, 1954)

NRS 277.320 Governmentalunit defined. Governmental unit means acounty, city, town or other political subdivision of the State.

(Added to NRS by 2003, 1954)

NRS 277.325 Regionaldevelopment district or district defined. Regionaldevelopment district or district means a district created pursuant to NRS 277.300 to 277.390, inclusive.

(Added to NRS by 2003, 1954)

NRS 277.330 Subregionaldefined. Subregional means pertaining to aportion of a development region.

(Added to NRS by 2003, 1954)

Establishment and Governance

NRS 277.335 Authorityof counties and cities to establish district; petitioning of Governor;contiguity; duties of Governor; ability of other counties and cities to joindistrict.

1. Any combination of counties and cities representinga majority of the population of the region for which a district is proposed maypetition the Governor by formal resolution setting forth their desire toestablish and the need for the establishment of a regional developmentdistrict. The proposed district must consist of two or more contiguouscounties. For the purposes of this subsection, the population of a county doesnot include the population of a city within the county.

2. Within 60 days after the receipt of a petition thatsatisfies the requirements of subsection 1, the Governor shall establish aregional development district and shall notify all governmental units withinthe region for which the district is proposed.

3. Within 60 days after the establishment of aregional development district by the Governor, each county and city in thedevelopment region, except the counties and cities that petitioned the Governorfor formation of the district, may meet to determine whether to become membersof the district. The counties and cities that petitioned for the formation ofthe district and those that elect pursuant to this subsection to become membersshall each appoint one member of their governing bodies to organize thedistrict pursuant to NRS 277.340.

(Added to NRS by 2003, 1955)

NRS 277.340 Initialgoverning body; composition of board of directors; bylaws; operating budget;dues; membership.

1. The initial governing body of a regionaldevelopment district consists of the representatives of the counties and citiesappointed pursuant to NRS 277.335. Theinitial governing body shall meet to determine the composition of the board ofdirectors of the district. The board must include:

(a) At least one representative of each county and citythat has elected to be a member of the district;

(b) At least one member from each economic developmentauthority in the development region that is recognized by the ExecutiveDirector of the Commission on Economic Development;

(c) At least one member appointed by the nativeAmerican tribal councils located in the region; and

(d) Representatives of the general public in thedevelopment region representing broad public interests within the region and adiversity of membership based on factors such as age, gender and race.

At least 51percent of the members of the board must be elected officers who representcounties and cities in the region.

2. After the initial governing body has established aboard, the board shall meet to adopt bylaws setting forth its procedures andgoverning its operations. The bylaws must provide for the terms of office andmethod of selection of members of the board, and must establish a name for theorganization.

3. The board shall annually establish an operatingbudget, the amount of dues that must be paid by members of the district and aschedule for payment of the dues.

4. Membership in a regional developmentdistrict is voluntary. Each county and city within the development region shalldetermine annually whether to remain or become a member of the regionaldevelopment district. If a county or city determines to become a member of thedistrict, it shall pay the dues established pursuant to subsection 3. A countyor city that is not a member of the district is not entitled to be representedon the board.

(Added to NRS by 2003, 1955)

NRS 277.345 Boardof directors: Qualifications and duties of chairman; election of officers;meetings; staff; executive director; authority to adopt personnel system;independent audits; contracting for services.

1. The chairman of the board must be a personexperienced in the field of government affairs. The chairman shall preside atthe meetings of the board and is responsible for management of the board. Thechairman must be elected from the membership of the board according toprocedures established in its bylaws.

2. The board shall elect a secretary and such otherofficers as it deems necessary for the conduct of its affairs. Times and placesof regular and special meetings must be fixed by the district and may beprovided in the bylaws. The board may establish committees, divisions,departments and bureaus, and may employ such staff as is necessary to carry outits duties. Officers and employees of the district serve at the pleasure of theboard.

3. The board shall appoint an executive director toserve as the chief administrative officer of the district. The executivedirector is responsible for carrying out all policy decisions of the board, andmust be selected on the basis of training and experience in the field ofgovernment affairs.

4. The board may adopt a personnel system for itsofficers and employees, including terms and conditions for employment,compensation, classification, benefits, the filing of fidelity bonds and suchother policies of insurance as it deems advisable. The district shall pay thepremiums for any such insurance. The employees of the district are publicemployees within the meaning of chapters 281, 286 and 287 ofNRS.

5. The board shall direct that independent audits beconducted of the district as required pursuant to state or federal law or asthe board deems necessary or appropriate.

6. The board may contract for the services ofconsultants to perform engineering, legal or other services of a professionalnature for peak workloads, continuing advice on program direction, and forspecialized and technical services.

(Added to NRS by 2003, 1956)

Powers and Duties

NRS 277.350 Powers;preparation and submission of comprehensive economic development strategies andother plans; right of counties and cities to conduct local or subregionalplanning unaffected.

1. A district has and may exercise all powers which arenecessary or convenient to enable it to perform and carry out the duties andresponsibilities of NRS 277.300 to 277.390, inclusive.

2. A district may prepare and submit for adoption,after appropriate study and such public hearings as it deems necessary,comprehensive economic development strategies and other plans for governmentalunits, individually or collectively within the region. Plans may consist ofpolicy statements, goals, standards, programs and maps prescribing guides fororderly development within the jurisdiction subject to the plan. The plans mustrecognize and incorporate planning principles which encompass physical, socialor economic needs of the region. In preparing development plans, the districtshall use, to the maximum extent feasible, the resources, studies and dataavailable from other planning agencies within the region, including counties,cities, special districts and subregional planning agencies, and the resourcesof state agencies.

3. The creation of a regional development districtdoes not affect the right of counties or cities to conduct local or subregionalplanning. It is the purpose of NRS 277.300to 277.390, inclusive, to encouragelocal and subregional planning. A regional development district shall, as faras is practicable, use the data, resources and input of local planningagencies.

(Added to NRS by 2003, 1956)

NRS 277.355 Additionaldiscretionary powers of district.

1. A governmental unit may request that a regionaldevelopment district review, comment and provide advisory recommendations onlocal plans or development proposals.

2. A district may provide basic administrative,research and planning services for other regional bodies within the boundariesof the development district assisted by Federal or State Government.Development districts may contract to obtain from or to perform services forstate agencies, for profit or nonprofit entities, for subdistricts organized asthe result of federal or state programs, and with local governments.

3. A regional development district may be designatedas a regional data center providing data collection, storage, analysis anddissemination to be used by it and other governmental and private users, andmay establish fees to provide this service.

4. A regional development district may study thefeasibility of programs relating to water, land use, economic development,housing, demographics, cultural issues, governmental issues, human services,natural resources, communication, technology, transportation and other subjectsof concern to the citizens of the region. A district may institutedemonstration projects in connection with such studies, and may enter intocontracts for such purposes as otherwise authorized in NRS 277.300 to 277.390, inclusive.

5. Upon approval of the appropriate authority fromlocal, state and federal government agencies, a regional development districtmay be deemed a general purpose unit of government to receive funds and operateprograms on a regional or subregional basis.

6. A regional development district may buy, lease,acquire, own, hold, improve and use real or personal property or an interest inproperty, wherever located in the State, for purposes of housing theadministrative office of the district and for such other purposes as may beauthorized, required or deemed necessary by the board.

7. A regional development district may sell, convey,mortgage, create a security interest in, lease, exchange, transfer or disposeof all or part of its real or personal property or an interest in property,wherever located in the State.

8. A regional development district may contract withgovernmental units to provide them with services and technical assistance inthe conduct of local planning and development activities.

(Added to NRS by 2003, 1956)

NRS 277.360 Establishmentof nonprofit corporation; powers of nonprofit corporation; authority ofdistrict to receive and administer certain housing funds; rights of countiesand cities unaffected.

1. A regional development district may establish anonprofit corporation for any purpose for which the district is authorized toact pursuant to NRS 277.300 to 277.390, inclusive, including increasingthe supply of affordable housing and improving opportunities for home ownershipin a development region. A nonprofit corporation formed pursuant to thissection may, among other things, acquire land and buildings, accept private,state and federal grant and loan funds, construct and rehabilitate housingunits, and buy, sell or manage housing within the boundaries of the developmentdistrict.

2. A regional development district may receive andadminister private, state and federal affordable housing funds to increase thesupply of affordable housing and to improve opportunities for home ownershipwithin the boundaries of the district. The creation of a regional developmentdistrict does not affect the right of a county or city to receive andadminister affordable housing funds or to develop and implement subregionalaffordable housing programs.

(Added to NRS by 2003, 1957)

NRS 277.365 Reassignmentor addition of county to development region; requirement of contiguity;approval or denial of request; appeal to Governor.

1. A county may request modification of regionalboundaries and assignment to a development region other than that to which itis assigned, or may request to be added to an existing region if the county isnot included within any region.

2. A county may not be assigned to a developmentregion unless the county is contiguous to the region.

3. Except as otherwise provided in subsection 4, acounty may not be added to a development region unless the request forreassignment or addition is approved by the board of the district to which thecounty would be added and, if the request is for reassignment, the board of thedistrict from which the county is moving.

4. A county that has been denied approval to be addedto a region may appeal the decision to the Governor. The determination of theGovernor concerning the assignment of a county to a region is final.

(Added to NRS by 2003, 1957)

NRS 277.370 Districtto prepare annual report; required contents; separate additional reportassessing districts performance.

1. On or before June 1 of each year, a regionaldevelopment district shall prepare a report for the governmental units and thepublic within the region, the Legislature and the Governor. The report mustinclude:

(a) A statement of the districts receipts andexpenditures by category since the preceding report;

(b) A detailed budget for the year in which the reportis filed and a tentative budget for the following year, including an outline ofits program for that period;

(c) A description of any plan adopted in whole or inpart for the region;

(d) Summaries of any studies and the recommendationsresulting therefrom made for the region;

(e) A summary of significant accomplishments;

(f) A listing of plans of governmental units submittedto the district pursuant to NRS 277.355,and actions taken in relationship thereto;

(g) Recommendations of the district regarding federaland state programs, cooperation, funding and legislative needs; and

(h) A summary of any audit report made during theprevious fiscal year relative to the district.

2. At least every 5 years, a regional developmentdistrict shall review its activities and issue a report assessing itsperformance in fulfilling the purposes of NRS277.300 to 277.390, inclusive. Thereport must address whether the existence of the district is in the publicwelfare and interest.

(Added to NRS by 2003, 1958)

NRS 277.375 Advisorycommittees. A regional development districtmay appoint advisory committees of interested and affected citizens and electedofficers to assist in the review of plans, programs and other matters referredfor review by the district. Whenever a special advisory committee is requiredby any federal or state regional program, the district shall, as far as ispracticable, appoint such committees as advisory groups to the district.Members of the advisory committees serve without compensation, but may bereimbursed for their reasonable expenses as determined by the board.

(Added to NRS by 2003, 1958)

Miscellaneous Provisions

NRS 277.380 Cooperationby state departments and agencies; Governor to develop working agreements.

1. All state departments and agencies shall cooperatewith regional development districts established under NRS 277.300 to 277.390, inclusive, and shall makeavailable to them studies, reports, data, and other informational and technicalassistance within financial and personnel limitations.

2. The Governor shall, to the maximum extent possible,develop working agreements with state and federal departments and agencies to ensureconformance with established development regions and to avoid unnecessaryduplication of services.

(Added to NRS by 2003, 1958)

NRS 277.385 Grantsand financial assistance: Designation of responsible state agency; distributionof money from State General Fund; gifts, grants and loans; depositories.

1. The Governor shall designate a state agency to beresponsible for making grants to regional development districts created under NRS 277.300 to 277.390, inclusive, from appropriationsmade available for this purpose. Financial assistance provided from the StateGeneral Fund must be distributed in the following manner:

(a) Fifty percent of the total amount allocated must bedivided equally among the regional development districts.

(b) Twenty percent of the total amount allocated mustbe divided among the regional development districts in the proportion that thepopulation of a district bears to the population of all districts in the State.

(c) Thirty percent of the total amount allocated mustbe divided among the regional development districts in the proportion that thetotal population of the counties and cities who are members of a district bearsto the total population of all cities and counties that are members of alldistricts in the State. For purposes of this subsection, the population of acounty does not include the population of a city within the county.

2. Financial assistance to previously establisheddistricts must not be reduced during a biennium to allocate money to a newlycreated regional development district.

3. A regional development district may accept gifts,apply for and use grants or loans of money or other property from the UnitedStates, the State, or any person, local governmental body or other entity forany purpose authorized pursuant to NRS277.300 to 277.390, inclusive, andmay enter into agreements required in connection therewith and may hold, useand dispose of such money or property in accordance with the terms of the gift,grant, loan, agreement or contract relating thereto. For purposes of receipt ofstate and federal funds for community or economic development, regionaldistricts shall be deemed to be general purpose units of government andinstrumentalities of the State.

4. A regional development district shall, from time totime, designate one or more official depositories for money of the district.The designation must be in writing and must set forth all the terms and conditionsupon which the deposits are made, and must be signed by the chairman andsecretary, and made a part of the official minutes of the board.

(Added to NRS by 2003, 1959)

NRS 277.390 Populationof county or city. For the purposes of NRS 277.300 to 277.390, inclusive, the population of a countyor city is the population certified by the Governor pursuant to NRS 360.285.

(Added to NRS by 2003, 1959)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.