AB385 - Revises provisions relating to governmental administration. (BDR 22-851)

A.B. 385 - *AB385* ASSEMBLY BILL NO. 385–ASSEMBLYMEMBER COLE MARCH 10, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to governmental administration. (BDR 22-851) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to governmental administration; prohibiting the governing body of certain counties and cities from taking certain actions to prohibit the use of cooling towers which use water for certain projects; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, subject to certain limitations, a governing body of any city 1 or county may adopt a building code. (NRS 278.580-278.586) Section 1 of this bill: 2 (1) prohibits, with certain exceptions, the governing body of a county whose 3 population is 700,000 or more (currently only Clark County) and the governing 4 body of any city within such a county from adopting a building code, ordinance or 5 taking any other action to prohibit or limit the use of a cooling tower system which 6 uses water in certain projects for which the governing body must issue a permit; 7 and (2) authorizes such a governing body to establish a process to exempt such 8 projects from a prohibition or limitation in a building code or ordinance on the use 9 of cooling towers. 10 Sections 3-5 of this bill limit the authority of a county or city subject to the 11 provisions of section 1 to adopt a building code. Section 2 of this bill applies the 12 definitions in existing law relating to planning and zoning to the provisions of 13 section 1. 14 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 278 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Except as otherwise provided in subsection 2, the 3 governing body of any county whose population is 700,000 or 4 – 2 – - *AB385* more or the governing body of any city located within such a 1 county: 2 (a) Shall not adopt a building code, ordinance or take any 3 other action to prohibit or limit the use of a cooling tower system 4 which uses water in any project that requires 500 nominal tons or 5 more of cooling capacity, as determined by a professional engineer 6 licensed pursuant to chapter 625 of NRS and during a review of 7 the plans for the project by the governing body or an agency 8 thereof; and 9 (b) May establish a process to exempt from a prohibition or 10 limitation on the use of a cooling tower system which uses water in 11 the existing building codes or ordinances any project that meets 12 the requirements of paragraph (a). 13 2. The provisions of this section do not apply to any project 14 for industrial or warehouse purposes. 15 Sec. 2. NRS 278.010 is hereby amended to read as follows: 16 278.010 As used in NRS 278.010 to 278.630, inclusive, and 17 section 1 of this act, unless the context otherwise requires, the 18 words and terms defined in NRS 278.0103 to 278.0195, inclusive, 19 have the meanings ascribed to them in those sections. 20 Sec. 3. NRS 244.3675 is hereby amended to read as follows: 21 244.3675 Subject to the limitations set forth in NRS 244.368, 22 278.02315, 278.580, 278.582, 278.584, 278.5846, 278.586, 444.340 23 to 444.430, inclusive, and 477.030, and section 1 of this act, the 24 boards of county commissioners within their respective counties 25 may: 26 1. Regulate all matters relating to the construction, 27 maintenance and safety of buildings, structures and property within 28 the county. 29 2. Adopt any building, electrical, housing, plumbing or safety 30 code necessary to carry out the provisions of this section and 31 establish such fees as may be necessary. Except as otherwise 32 provided in NRS 278.580, these fees do not apply to the State of 33 Nevada or the Nevada System of Higher Education. 34 Sec. 4. NRS 268.413 is hereby amended to read as follows: 35 268.413 Subject to the limitations contained in NRS 244.368, 36 278.02315, 278.580, 278.582, 278.584, 278.5846, 278.586, 444.340 37 to 444.430, inclusive, and 477.030, and section 1 of this act, the 38 city council or other governing body of an incorporated city may: 39 1. Regulate all matters relating to the construction, 40 maintenance and safety of buildings, structures and property within 41 the city. 42 2. Adopt any building, electrical, plumbing or safety code 43 necessary to carry out the provisions of this section and establish 44 such fees as may be necessary. Except as otherwise provided in 45 – 3 – - *AB385* NRS 278.580, those fees do not apply to the State of Nevada or the 1 Nevada System of Higher Education. 2 Sec. 5. Section 2.200 of the Charter of the City of Las Vegas, 3 being chapter 517, Statutes of Nevada 1983, at page 1400, is hereby 4 amended to read as follows: 5 Sec. 2.200 Powers of City Council: Buildings; 6 construction and maintenance regulations; building and safety 7 codes. Subject to the limitations which are contained in 8 NRS 278.580, 278.583 and 444.340 to 444.430, inclusive, 9 and section 1 of this act, the City Council may: 10 1. Regulate all matters which relate to the construction, 11 maintenance and safety of buildings, structures and property 12 within the City. 13 2. Adopt any building, electrical, plumbing, mechanical 14 or safety code which is necessary to carry out the provisions 15 of this section and establish such fees as may be necessary. 16 Sec. 6. Any ordinance, regulation or rule enacted by a county 17 or city before, on or after October 1, 2025, which conflicts with the 18 provisions of this act is void and unenforceable. 19 H