A.B. 37 - *AB37* ASSEMBLY BILL NO. 37–COMMITTEE ON GOVERNMENT AFFAIRS (ON BEHALF OF THE HOUSING DIVISION OF THE DEPARTMENT OF BUSINESS AND INDUSTRY) PREFILED NOVEMBER 18, 2024 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions related to housing. (BDR 25-257) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to housing; renaming the position of Housing Advocate within the Housing Division of the Department of Business and Industry as the Housing Liaison; revising provisions relating to the statewide low-income housing database maintained by the Division; revising provisions relating to the Account for Affordable Housing; revising provisions governing the tiers of affordable housing; revising provisions relating to certain reports submitted to the Division by certain local governments relating to affordable housing; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Housing Division in the Department of Business and 1 Industry and charges the Division, among other duties, with responsibility for 2 increasing the availability of decent, safe and sanitary housing for persons of low 3 and moderate income in this State. (NRS 232.510; chapter 319 of NRS) Existing 4 law creates the position of Housing Advocate within the Division and establishes 5 the duties for the position, which include providing information and assistance to 6 persons who reside in affordable housing and manufactured housing. (NRS 7 319.141) Section 1 of this bill renames the position of Housing Advocate as the 8 Housing Liaison. 9 Existing law requires the Division to create and maintain a statewide low-10 income housing database. The database is required to include certain information 11 relating to low-income housing, including compilations and analysis of 12 – 2 – - *AB37* demographic, economic and housing data from a variety of sources. (NRS 319.143) 13 Section 2 of this bill requires the inclusion of any survey conducted by the Division 14 in the database. Section 2 also revises the data that is required to be included in the 15 database by: (1) changing the measure for determining the number of households in 16 various population groups experiencing high housing costs from 50 to 30 percent of 17 household income; (2) increasing from 2 years to 3 years the length of the planning 18 period for identifying when subsidized units are forecast to convert to market-rate 19 units; and (3) adding information regarding certain multi-family residential 20 housing. Section 2 further requires the Division, on or before December 31 of each 21 year, to analyze the data in the database and prepare and post on its website a report 22 of its analysis. 23 Existing law creates the Account for Affordable Housing in the State General 24 Fund, which is required to be administered by the Division, and prescribes the 25 distribution and use of money in the Account. (NRS 319.500, 319.510) Under 26 existing law, the costs to create and maintain the statewide low-income housing 27 database are required to be paid from the Account up to a maximum of $175,000 28 per year. (NRS 319.143, 319.510) Sections 2 and 3 of this bill: (1) require payment 29 from the Account of the costs to prepare the new annual report required by section 30 2; and (2) change the maximum annual amount authorized from the Account for the 31 payment of costs related to the database from the fixed amount of $175,000 to not 32 more than 6 percent of the money deposited in the Account in each fiscal year. 33 Existing law also authorizes the Division to expend not more than $40,000 per 34 year or an amount equal to 6 percent of money received pursuant to the federal 35 HOME Investment Partnerships Act, whichever is greater, as reimbursement for 36 administering the Account and that federal money. (NRS 319.510; 42 U.S.C. §§ 37 12701 et seq.) Section 3: (1) eliminates the authority of the Division to receive 38 reimbursement from the Account for administering that federal money; and (2) 39 changes the maximum amount authorized from the Account as reimbursement for 40 administering the Account to not more than 6 percent of the money deposited in the 41 Account in each fiscal year. 42 Existing law requires the Division to distribute a certain portion of money in 43 the Account to certain charitable organizations, housing authorities and local 44 governments for the acquisition, construction and rehabilitation of affordable 45 housing for eligible families, subject to certain requirements. One such eligibility 46 requirement in existing law is that not less than 15 percent of the units acquired, 47 constructed or rehabilitated be affordable to persons whose income is at or below 48 the federally designated level signifying poverty. (NRS 319.510) Section 3: (1) 49 changes the income level for that requirement to at or below 30 percent of the 50 median monthly gross household income for the applicable county; and (2) clarifies 51 that the money is authorized to be distributed to one or more of the types of entities 52 that are eligible recipients. Section 3 also eliminates the eligibility requirement in 53 existing law that a local government sponsor such a project. 54 Existing law establishes three tiers of affordable housing for various purposes 55 in existing law and defines “affordable housing” as housing that falls within any of 56 the three tiers. (NRS 232.860, 244.189, 244.287, 268.058, 268.190, 278.0105, 57 279.385, 279A.020, 279B.020, 315.9625, 319.042) Under existing law, the tiers are 58 based on both household income and the costs of housing as a percentage of that 59 income. With respect to household income: (1) “tier one affordable housing” is 60 housing for a household which has a total monthly gross income that is equal to not 61 more than 60 percent of the median monthly gross household income for the county 62 in which the housing is located, which is commonly known as the area median 63 household income; (2) “tier two affordable housing” is housing for a household 64 which has a total monthly gross income that is equal to more than 60 percent but 65 not more than 80 percent of the area median household income; and (3) “tier three 66 affordable housing” is housing for a household which has a total monthly gross 67 – 3 – - *AB37* income that is equal to more than 80 percent but not more than 120 percent of the 68 area median household income. In addition, with respect to the costs of housing, 69 affordable housing under existing law is housing that costs not more than 30 70 percent of the total monthly gross household income of the household with an 71 income at the maximum percentage of the area median household income for the 72 tier. (NRS 278.01902, 278.01904, 278,01906) Section 4 of this bill creates a new 73 tier of affordable housing, to be known as “tier one affordable housing,” that 74 addresses housing for a household that has a total monthly gross income that is 75 equal to not more than 30 percent of the area median household income. As a result 76 of the creation of this new tier of affordable housing, section 7 of this bill renames 77 “tier one affordable housing” in existing law as “tier two affordable housing” and 78 changes the percentage range for median income for that tier to more than 30 79 percent but not more than 60 percent of the area median household income. Section 80 9 of this bill renames “tier two affordable housing” in existing law, for which the 81 percentage range for median income is more than 60 percent but not more than 80 82 percent of the area median household income, as “workforce affordable housing.” 83 Section 8 of this bill renames “tier three affordable housing” in existing law, for 84 which the percentage range for median income is more than 80 percent but not 85 more than 120 percent of the area median household income, as “attainable 86 affordable housing.” Section 5 of this bill applies the newly defined term in section 87 4 to the provisions of existing law relating to planning and zoning. Sections 6 and 88 11 of this bill make conforming changes to existing law to reflect the new tier. 89 Existing law requires the governing body of certain cities or counties to submit 90 to the Division annual progress reports relating to affordable housing. (NRS 91 278.235) Existing law requires: (1) the inclusion of these reports in the statewide 92 low-income housing database; and (2) the Division to compile and post these 93 reports on its Internet website. (NRS 278.235, 319.143) Section 10 of this bill 94 moves the deadline for: (1) the submission of the reports to the Division from 95 July 15 to March 15; and (2) the posting of the compilation of the reports by the 96 Division from August 15 to April 15. Because the change in the deadlines is not 97 effective until October 1, 2025, pursuant to section 14 of this bill, the new 98 deadlines apply initially to the reports submitted in 2026. 99 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 319.141 is hereby amended to read as follows: 1 319.141 1. The Housing [Advocate] Liaison is hereby 2 created within the Division. 3 2. The Administrator shall appoint a person to serve in the 4 position of Housing [Advocate.] Liaison. The Housing [Advocate] 5 Liaison is in the unclassified service of the State and serves at the 6 pleasure of the Administrator. 7 3. The person so appointed pursuant to subsection 2 must be 8 knowledgeable about affordable housing and manufactured housing. 9 4. The Housing [Advocate] Liaison shall: 10 (a) Respond to written and telephonic inquiries received from 11 residents who reside in affordable housing and manufactured 12 housing and provide assistance to such residents in understanding 13 their rights and responsibilities; 14 – 4 – - *AB37* (b) Conduct community outreach and provide information 1 concerning housing to residents who reside in affordable housing 2 and manufactured housing; 3 (c) Identify and investigate complaints of residents of affordable 4 housing and manufactured housing that relate to their housing and 5 provide assistance to such residents to resolve the complaints; 6 (d) Establish and maintain a system to collect and maintain 7 information pertaining to written and telephonic inquiries received 8 by the Division; and 9 (e) [Any] Perform any other duties specified by the 10 Administrator. 11 5. The Administrator may remove the Housing [Advocate] 12 Liaison from the office for any reason not prohibited by law. 13 Sec. 2. NRS 319.143 is hereby amended to read as follows: 14 319.143 1. The Division shall create and maintain a statewide 15 low-income housing database. 16 2. The database must include, without limitation, the 17 compilation [and analysis] of demographic, economic and housing 18 data from a variety of sources, including, without limitation, reports 19 submitted pursuant to NRS 278.235 [, that:] and any survey 20 conducted by the Division, relating to the information that must be 21 included in the report required by subsection 3. 22 3. On or before December 31 of each year, the Division shall: 23 (a) [Provides for an annual assessment of] Analyze the data in 24 the database and prepare a report which must: 25 (1) Assess the affordable housing market at the city and 26 county level, including data relating to housing units, age of 27 housing, rental rates and rental vacancy rates, new home sales and 28 resale of homes, new construction permits, mobile homes, lots 29 available for mobile homes and conversions of multifamily 30 condominiums; 31 [(b) Addresses] 32 (2) Address the housing needs of various population groups 33 in Nevada, such as households that rent, homeowners, elderly 34 households, veterans, persons with disabilities or special needs, 35 homeless persons, recovering persons with a substance use disorder, 36 persons suffering from mental health ailments and victims of 37 domestic violence, with each group distinguished to show the 38 percentage of the population group at different income levels, and a 39 determination of the number of households within each special-40 needs group experiencing housing costs greater than [50] 30 percent 41 of their income, overcrowding or substandard housing; 42 [(c) Contains] 43 (3) Contain an estimate of the number and condition of 44 subsidized and other low-income housing units at the county level 45 – 5 – - *AB37* and the identification of any subsidized units that are forecast to 1 convert to market-rate units within a [2-year] 3-year planning 2 period; 3 [(d) Provides] 4 (4) Provide a demographic and economic overview by local 5 and county jurisdiction, if feasible, for the population of Nevada, 6 including age, race and ethnicity, household size, migration, current 7 and forecast employment, household income and a summary 8 relating to the effects of demographics and economic factors on 9 housing demand; 10 [(e) Provides] 11 (5) Provide the number of housing units available to a victim 12 of domestic violence from any housing authority, as defined in NRS 13 315.021, and from participation in the program of housing 14 assistance pursuant to section 8 of the United States Housing Act of 15 1937, 42 U.S.C. § 1437f; and 16 [(f) Provides] 17 (6) Provide the number of terminations of victims of 18 domestic violence in this State from the program of housing 19 assistance pursuant to section 8 of the United States Housing Act of 20 1937, 42 U.S.C. § 1437f. 21 [3. The costs of creating and maintaining the database: 22 (a) Must be paid from the Account for Affordable Housing 23 created by NRS 319.500; and] 24 (b) [May not exceed $175,000 per year.] Post the report on the 25 Internet website of the Division. 26 4. If an owner of multifamily residential housing that is offered 27 for rent or lease in this State and is: 28 (a) Accessible to persons with disabilities; and 29 (b) Affordable housing, as defined in NRS 278.0105, 30 has received any loan, grant or contribution for the multifamily 31 residential housing from the Federal Government or the State, the 32 owner shall, not less than quarterly, report to the Division for 33 inclusion in the database information concerning each unit of the 34 multifamily residential housing that is available and suitable for use 35 by a person with a disability. 36 5. The Division shall adopt regulations to carry out the 37 provisions of subsection 4. 38 Sec. 3. NRS 319.510 is hereby amended to read as follows: 39 319.510 1. Except as otherwise provided in subsection 2, 40 money deposited in the Account for Affordable Housing must be 41 used: 42 (a) For the acquisition, construction or rehabilitation of 43 affordable housing for eligible families by public or private 44 – 6 – - *AB37* nonprofit charitable organizations, housing authorities or local 1 governments through loans, grants or subsidies; 2 (b) To provide technical and financial assistance to public or 3 private nonprofit charitable organizations, housing authorities and 4 local governments for the acquisition, construction or rehabilitation 5 of affordable housing for eligible families; 6 (c) To provide funding for projects of public or private nonprofit 7 charitable organizations, housing authorities or local governments 8 that provide assistance to or guarantee the payment of rent or 9 deposits as security for rent for eligible families, including homeless 10 persons; 11 (d) To reimburse the Division for the costs of administering the 12 Account; 13 (e) To assist eligible persons by supplementing their monthly 14 rent for the manufactured home lots, as defined by NRS 118B.016, 15 on which their manufactured homes, as defined by NRS 118B.015, 16 are located; [and] 17 (f) To pay the costs of creating and maintaining the statewide 18 low-income housing database and preparing the annual report 19 required by NRS 319.143; and 20 (g) In any other manner consistent with this section to assist 21 eligible families in obtaining or keeping affordable housing, 22 including use as the State’s contribution to facilitate the receipt of 23 related federal money. 24 2. [Except as otherwise provided in this subsection, the] The 25 Division may expend each fiscal year not more than: 26 (a) Six percent of the money [from] deposited in the Account as 27 reimbursement for the necessary costs of efficiently administering 28 the Account . [and any money received pursuant to 42 U.S.C. §§ 29 12701 et seq. In no case may the Division expend more than 30 $40,000 per year or an amount equal to 6 percent of any money 31 made available to the State pursuant to 42 U.S.C. §§ 12701 et seq., 32 whichever is greater. In addition, the Division may expend not more 33 than $175,000 per year from] 34 (b) Six percent of the money deposited in the Account to create 35 and maintain the statewide low-income housing database and 36 prepare the annual report required by NRS 319.143. [The Division 37 may expend not more than $75,000 per year] 38 (c) Seventy-five thousand dollars of the money deposited in the 39 Account pursuant to NRS 375.070 for the purpose set forth in 40 paragraph (e) of subsection 1. 41 3. Of the remaining money allocated from the Account [:] after 42 the expenditures authorized by subsection 2: 43 (a) Except as otherwise provided in subsection [3,] 4, 15 percent 44 must be distributed to the Division of Welfare and Supportive 45 – 7 – - *AB37* Services of the Department of Health and Human Services for use in 1 its program developed pursuant to 45 C.F.R. § 233.120, as that 2 section existed on December 4, 1997, to provide emergency 3 assistance to needy families with children, subject to the following: 4 (1) The Division of Welfare and Supportive Services shall 5 adopt regulations governing the use of the money that are consistent 6 with the provisions of this section. 7 (2) The money must be used solely for activities relating to 8 affordable housing that are consistent with the provisions of this 9 section. 10 (3) The money must be made available to families that have 11 children and whose income is at or below the federally designated 12 level signifying poverty. 13 (4) All money provided by the Federal Government to match 14 the money distributed to the Division of Welfare and Supportive 15 Services pursuant to this section must be expended for activities 16 consistent with the provisions of this section. 17 (b) Eighty-five percent must be distributed to public or private 18 nonprofit charitable organizations, housing authorities [and] or local 19 governments for the acquisition, construction and rehabilitation of 20 affordable housing for eligible families, subject to the following: 21 (1) Priority may be given to those projects that provide a 22 preference for: 23 (I) Women who are veterans; 24 (II) Women who were previously incarcerated; 25 (III) Survivors of domestic violence; 26 (IV) Elderly women who do not have stable or adequate 27 living arrangements; and 28 (V) Unmarried persons with primary physical custody of 29 a child. 30 (2) Priority must be given to those projects that qualify for 31 the federal tax credit relating to low-income housing. 32 (3) Priority must be given to those projects that anticipate 33 receiving federal money to match the state money distributed to 34 them. 35 (4) Priority must be given to those projects that have the 36 commitment of a local government to provide assistance to them. 37 (5) All money must be used to benefit families whose 38 income does not exceed 120 percent of the median income for 39 families residing in the same county, as defined by the United States 40 Department of Housing and Urban Development. 41 (6) Not less than 15 percent of the units acquired, constructed 42 or rehabilitated must be affordable to persons whose income is at or 43 below [the federally designated level signifying poverty.] 30 percent 44 of the median monthly gross household income for the county in 45 – 8 – - *AB37* which the housing is located. For the purposes of this 1 subparagraph, a unit is affordable if a family does not have to pay 2 more than 30 percent of its gross income for housing costs, 3 including both utility and mortgage or rental costs. 4 [(7) To be eligible to receive money pursuant to this 5 paragraph, a project must be sponsored by a local government. 6 3.] 4. The Division may, pursuant to contract and in lieu of 7 distributing money to the Division of Welfare and Supportive 8 Services pursuant to paragraph (a) of subsection [2,] 3, distribute 9 any amount of that money to private or public nonprofit entities for 10 use consistent with the provisions of this section. 11 Sec. 4. Chapter 278 of NRS is hereby amended by adding 12 thereto a new section to read as follows: 13 1. “Tier one affordable housing” means housing for a 14 household: 15 (a) Which has a total monthly gross income that is equal to not 16 more than 30 percent of the median monthly gross household 17 income for the county in which the housing is located; and 18 (b) Which costs not more than 30 percent of the total monthly 19 gross household income of a household whose income equals 30 20 percent of the median monthly gross household income for the 21 county in which the housing is located, including the cost of 22 utilities. 23 2. For the purposes of this section, median gross household 24 income must be determined based upon the estimates of the United 25 States Department of Housing and Urban Development of the 26 most current median gross family income for the county in which 27 the housing is located. 28 Sec. 5. NRS 278.010 is hereby amended to read as follows: 29 278.010 As used in NRS 278.010 to 278.630, inclusive, unless 30 the context otherwise requires, the words and terms defined in NRS 31 278.0103 to 278.0195, inclusive, and section 4 of this act have the 32 meanings ascribed to them in those sections. 33 Sec. 6. NRS 278.0105 is hereby amended to read as follows: 34 278.0105 “Affordable housing” means tier one affordable 35 housing, tier two affordable housing [or tier three] , workforce 36 affordable housing or attainable affordable housing. 37 Sec. 7. NRS 278.01902 is hereby amended to read as follows: 38 278.01902 1. “Tier [one] two affordable housing” means 39 housing for a household: 40 (a) Which has a total monthly gross income that is equal to more 41 than 30 percent but not more than 60 percent of the median 42 monthly gross household income for the county in which the 43 housing is located; and 44 – 9 – - *AB37* (b) Which costs not more than 30 percent of the total monthly 1 gross household income of a household whose income equals 60 2 percent of the median monthly gross household income for the 3 county in which the housing is located, including the cost of 4 utilities. 5 2. For purposes of this section, median gross household income 6 must be determined based upon the estimates of the United States 7 Department of Housing and Urban Development of the most current 8 median gross family income for the county in which the housing is 9 located. 10 Sec. 8. NRS 278.01904 is hereby amended to read as follows: 11 278.01904 1. [“Tier three] “Attainable affordable housing” 12 means housing for a household: 13 (a) Which has a total monthly gross income that is equal to more 14 than 80 percent but not more than 120 percent of the median 15 monthly gross household income for the county in which the 16 housing is located; and 17 (b) Which costs not more than 30 percent of the total monthly 18 gross household income of a household whose income equals 120 19 percent of the median monthly gross household income for the 20 county in which the housing is located, including the cost of 21 utilities. 22 2. For purposes of this section, median gross household income 23 must be determined based upon the estimates of the United States 24 Department of Housing and Urban Development of the most current 25 median gross family income for the county in which the housing is 26 located. 27 Sec. 9. NRS 278.01906 is hereby amended to read as follows: 28 278.01906 1. [“Tier two] “Workforce affordable housing” 29 means housing for a household: 30 (a) Which has a total monthly gross income that is equal to more 31 than 60 percent but not more than 80 percent of the median monthly 32 gross household income for the county in which the housing is 33 located; and 34 (b) Which costs not more than 30 percent of the total monthly 35 gross household income of a household whose income equals 80 36 percent of the median monthly gross household income for the 37 county in which the housing is located, including the cost of 38 utilities. 39 2. For purposes of this section, median gross household income 40 must be determined based upon the estimates of the United States 41 Department of Housing and Urban Development of the most current 42 median gross family income for the county in which the housing is 43 located. 44 – 10 – - *AB37* Sec. 10. NRS 278.235 is hereby amended to read as follows: 1 278.235 1. If the governing body of a city or county is 2 required to include the housing element in its master plan pursuant 3 to NRS 278.150, the governing body, in carrying out the plan for 4 maintaining and developing affordable housing to meet the housing 5 needs of the community, which is required to be included in the 6 housing element pursuant to subparagraph (8) of paragraph (c) of 7 subsection 1 of NRS 278.160, shall adopt at least six of the 8 following measures: 9 (a) Reducing or subsidizing in whole or in part impact fees, fees 10 for the issuance of building permits collected pursuant to NRS 11 278.580 and fees imposed for the purpose for which an enterprise 12 fund was created. 13 (b) Selling land owned by the city or county, as applicable, to 14 developers exclusively for the development of affordable housing at 15 not more than 10 percent of the appraised value of the land, and 16 requiring that any such savings, subsidy or reduction in price be 17 passed on to the purchaser of housing in such a development. 18 Nothing in this paragraph authorizes a city or county to obtain land 19 pursuant to the power of eminent domain for the purposes set forth 20 in this paragraph. 21 (c) Donating land owned by the city or county to a nonprofit 22 organization to be used for affordable housing. 23 (d) Leasing land by the city or county to be used for affordable 24 housing. 25 (e) Requesting to purchase land owned by the Federal 26 Government at a discounted price for the creation of affordable 27 housing pursuant to the provisions of section 7(b) of the Southern 28 Nevada Public Land Management Act of 1998, Public Law 29 105-263. 30 (f) Establishing a trust fund for affordable housing that must be 31 used for the acquisition, construction or rehabilitation of affordable 32 housing. 33 (g) Establishing a process that expedites the approval of plans 34 and specifications relating to maintaining and developing affordable 35 housing. 36 (h) Providing money, support or density bonuses for affordable 37 housing developments that are financed, wholly or in part, with low-38 income housing tax credits, private activity bonds or money from a 39 governmental entity for affordable housing, including, without 40 limitation, money received pursuant to 12 U.S.C. § 1701q and 42 41 U.S.C. § 8013. 42 (i) Providing financial incentives or density bonuses to promote 43 appropriate transit-oriented or multi-story housing developments 44 that would include an affordable housing component. 45 – 11 – - *AB37* (j) Offering density bonuses or other incentives to encourage the 1 development of affordable housing. 2 (k) Providing direct financial assistance to qualified applicants 3 for the purchase or rental of affordable housing. 4 (l) Providing money for supportive services necessary to enable 5 persons with supportive housing needs to reside in affordable 6 housing in accordance with a need for supportive housing identified 7 in the 5-year consolidated plan adopted by the United States 8 Department of Housing and Urban Development for the city or 9 county pursuant to 42 U.S.C. § 12705 and described in 24 C.F.R. 10 Part 91. 11 2. A governing body may reduce or subsidize impact fees, fees 12 for the issuance of building permits or fees imposed for the purpose 13 for which an enterprise fund was created to assist in maintaining or 14 developing a project for affordable housing, pursuant to paragraph 15 (a) of subsection 1, only if: 16 (a) When the incomes of all the residents of the project for 17 affordable housing are averaged, the housing would be affordable 18 on average for a family with a total gross income that does not 19 exceed 60 percent of the median gross income for the county 20 concerned based upon the estimates of the United States Department 21 of Housing and Urban Development of the most current median 22 gross family income for the county. 23 (b) The governing body has adopted an ordinance that 24 establishes the criteria that a project for affordable housing must 25 satisfy to receive assistance in maintaining or developing the project 26 for affordable housing. Such criteria must be designed to put into 27 effect all relevant elements of the master plan adopted by the 28 governing body pursuant to NRS 278.150. 29 (c) The project for affordable housing satisfies the criteria set 30 forth in the ordinance adopted pursuant to paragraph (b). 31 (d) The governing body makes a determination that reducing or 32 subsidizing such fees will not impair adversely the ability of the 33 governing body to pay, when due, all interest and principal on any 34 outstanding bonds or any other obligations for which revenue from 35 such fees was pledged. 36 (e) The governing body holds a public hearing concerning the 37 effect of the reduction or subsidization of such fees on the economic 38 viability of the general fund of the city or county, as applicable, and, 39 if applicable, the economic viability of any affected enterprise fund. 40 3. On or before [July] March 15 of each year, the governing 41 body shall submit to the Housing Division of the Department of 42 Business and Industry a report, in the form prescribed by the 43 Housing Division, of how the measures adopted pursuant to 44 subsection 1 assisted the city or county in maintaining and 45 – 12 – - *AB37* developing affordable housing to meet the needs of the community 1 for the preceding year. The report must include an analysis of the 2 need for affordable housing within the city or county that exists at 3 the end of the reporting period. The governing body shall cooperate 4 with the Housing Division to ensure that the information contained 5 in the report is appropriate for inclusion in, and can be effectively 6 incorporated into, the statewide low-income housing database 7 created pursuant to NRS 319.143. 8 4. On or before [August] April 15 of each year, the Housing 9 Division shall compile the reports submitted pursuant to subsection 10 3 and post the compilation on the Internet website of the Housing 11 Division. 12 Sec. 11. NRS 375.070 is hereby amended to read as follows: 13 375.070 1. The county recorder shall transmit the proceeds of 14 the tax imposed by NRS 375.020 at the end of each quarter in the 15 following manner: 16 (a) An amount equal to that portion of the proceeds which is 17 equivalent to 10 cents for each $500 of value or fraction thereof 18 must be transmitted to the State Controller who shall deposit that 19 amount in the Account for Affordable Housing created pursuant to 20 NRS 319.500. 21 (b) In a county whose population is 700,000 or more, an amount 22 equal to that portion of the proceeds which is equivalent to 60 cents 23 for each $500 of value or fraction thereof must be transmitted to the 24 county treasurer for deposit in the county school district’s fund for 25 capital projects established pursuant to NRS 387.328, to be held and 26 expended in the same manner as other money deposited in that fund. 27 (c) The remaining proceeds must be transmitted to the State 28 Controller for deposit in the Local Government Tax Distribution 29 Account created by NRS 360.660 for credit to the respective 30 accounts of Carson City and each county. 31 2. In addition to any other authorized use of the proceeds it 32 receives pursuant to subsection 1, a county or city may use the 33 proceeds to pay expenses related to or incurred for the development 34 of tier one affordable housing , [and] tier two affordable housing [.] 35 and workforce affordable housing. A county or city that uses the 36 proceeds in that manner must give priority to the development of 37 tier one affordable housing , [and] tier two affordable housing and 38 workforce affordable housing for persons who are elderly or 39 persons with disabilities. 40 3. The expenses authorized by subsection 2 include, but are not 41 limited to: 42 (a) The costs to acquire land and developmental rights; 43 (b) Related predevelopment expenses; 44 – 13 – - *AB37* (c) The costs to develop the land, including the payment of 1 related rebates; 2 (d) Contributions toward down payments made for the purchase 3 of affordable housing; and 4 (e) The creation of related trust funds. 5 4. As used in this section: 6 (a) “Tier one affordable housing” has the meaning ascribed to it 7 in [NRS 278.01902.] section 4 of this act. 8 (b) “Tier two affordable housing” has the meaning ascribed to it 9 in NRS [278.01906.] 278.01902. 10 (c) “Workforce affordable housing” has the meaning ascribed 11 to it in NRS 278.01906. 12 Sec. 12. The Legislative Counsel shall, in preparing 13 supplements to the Nevada Administrative Code, appropriately 14 change any references to an officer, agency or other entity whose 15 name is changed or whose responsibilities are transferred pursuant 16 to the provisions of this act to refer to the appropriate officer, 17 agency or other entity. 18 Sec. 13. 1. Any administrative regulations adopted by an 19 officer or an agency whose name has been changed or whose 20 responsibilities have been transferred pursuant to the provisions of 21 this act to another officer or agency remain in force until amended 22 by the officer or agency to which the responsibility for the adoption 23 of the regulations has been transferred. 24 2. Any contracts or other agreements entered into by an officer 25 or agency whose name has been changed or whose responsibilities 26 have been transferred pursuant to the provisions of this act to 27 another officer or agency are binding upon the officer or agency to 28 which the responsibility for the administration of the provisions of 29 the contract or other agreement has been transferred. Such contracts 30 and other agreements may be enforced by the officer or agency to 31 which the responsibility for the enforcement of the provisions of the 32 contract or other agreement has been transferred. 33 3. Any action taken by an officer or agency whose name has 34 been changed or whose responsibilities have been transferred 35 pursuant to the provisions of this act to another officer or agency 36 remains in effect as if taken by the officer or agency to which the 37 responsibility for the enforcement of such actions has been 38 transferred. 39 Sec. 14. 1. This section and sections 1 to 9, inclusive, 11, 12 40 and 13 of this act become effective on July 1, 2025. 41 2. Section 10 of this act becomes effective on October 1, 2025. 42 H