Nevada Assembly Bill AB540 Latest Draft

                              
  
  	A.B. 540 
 
- 	*AB540* 
 
ASSEMBLY BILL NO. 540–COMMITTEE  
ON GOVERNMENT AFFAIRS 
 
(ON BEHALF OF THE OFFICE OF THE GOVERNOR) 
 
MARCH 25, 2025 
____________ 
 
Referred to Committee on Commerce and Labor 
 
SUMMARY—Revises provisions relating to governmental 
administration. (BDR 25-1036) 
 
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. 
 Effect on the State: Contains Appropriation not included 
in Executive Budget. 
 
CONTAINS UNFUNDED MANDATE (§§ 30, 31) 
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) 
 
~ 
 
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 
 
 
AN ACT relating to governmental administration; creating the 
Nevada Attainable Housing Account and setting forth the 
allowable uses of money in the Account; requiring, with 
certain exceptions, an eligible entity to provide or secure 
certain matching funds as a condition of receiving money 
from the Account; exempting any attainable housing 
project from provisions of law relating to public works 
and the payment of prevailing wages; requiring the 
Administrator of the Housing Division of the Department 
of Business and Industry to adopt an allocation plan for 
attainable housing; creating and setting forth the duties of 
the Nevada Attainable Housing Council; authorizing the 
Division to establish programs for the reporting of rental 
payments to credit reporting agencies; providing that 
attainable housing projects that receive financial 
assistance from the Nevada State Infrastructure Bank are 
not subject to prevailing wage requirements; revising 
provisions governing the sale, lease or conveyance of 
certain real property by the governing body of a county or 
city; requiring the governing body of a county or city to   
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adopt certain expedited processes relating to attainable 
housing; revising the definitions of certain tiers of 
affordable housing; requiring, under certain 
circumstances, the State Contractors’ Board to issue 
licenses by endorsement or provisional licenses; 
requiring, under certain circumstances, the State 
Contractors’ Board to waive certain fees relating to 
contractor’s licenses in rural areas; making various other 
changes relating to housing; making an appropriation; and 
providing other matters properly relating thereto. 
Legislative Counsel’s Digest: 
 Existing law charges the Housing Division of the Department of Business and 1 
Industry with certain duties relating to low-income housing and affordable housing. 2 
(Chapter 319 of NRS) Section 9 of this bill creates the Nevada Attainable Housing 3 
Account in the State General Fund, to be administered by the Division. Section 10 4 
of this bill authorizes the Division to distribute money in the Account to eligible 5 
entities for expenditures relating to attainable housing. Section 50 of this bill 6 
appropriates $200,000,000 to the Account for the purposes of section 10. 7 
 Section 11 of this bill requires the Administrator of the Division to adopt an 8 
annual allocation plan for disbursing money from the Account. Section 22 of this 9 
bill exempts the Division from complying with the provisions of the Administrative 10 
Procedures Act in adopting the annual allocation plan. 11 
 Section 12 of this bill requires, with certain exceptions, that an eligible entity 12 
provide or secure matching funds in an amount not less than the amount of the 13 
money awarded to the eligible entity from the Account. 14 
 Section 13 of this bill provides, with certain exceptions, that any attainable 15 
housing project that receives money from the Account is not a public work and is 16 
exempt from the requirements to pay prevailing wages. 17 
 Section 14 of this bill authorizes the Division to adopt regulations setting forth 18 
standards and requirements for any program for rental assistance or eviction 19 
diversion that receives funding from the Account. 20 
 Section 15 of this bill: (1) creates the Nevada Attainable Housing Council to 21 
provide oversight and strategic guidance for the administration and allocation of the 22 
Account; and (2) sets forth the membership of the Council.  23 
 Section 16 of this bill: (1) prohibits a member of the Council from having a 24 
direct financial interest in any attainable housing project or eligible entity that 25 
applies for or receives funding from the Account; and (2) requires the Division to 26 
establish procedures to ensure that any member of the Council discloses any direct 27 
or indirect financial interest in any attainable housing project or eligible entity that 28 
applies for or receives funding from the Account. 29 
 Section 17 of this bill requires the Council to: (1) review and comment on 30 
certain housing reports; and (2) provide recommendations to the Division regarding 31 
the allocation and use of money from the Account.  32 
 Existing law authorizes, with certain exceptions, the Division to: (1) establish 33 
certain funds or accounts; and (2) invest or deposit its money, but does not require 34 
the Division to keep any of its money in the State Treasury. (NRS 319.170) Section 35 
18 of this bill creates an additional exception to these provisions for the Account 36 
created by section 9. 37 
 Sections 2-8 of this bill define certain terms relating to the provisions of 38 
sections 2-17. 39 
 Sections 19 and 20 of this bill authorize the Division to establish a program for 40 
the reporting of rental payments to a credit reporting agency. 41   
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 Existing law creates the Nevada State Infrastructure Bank within the Office of 42 
the State Treasurer, the purpose of which is to provide loans and other financial 43 
assistance to qualified borrowers for the development, construction, repair, 44 
improvement, operation, maintenance decommissioning and ownership of certain 45 
transportation facilities, utility infrastructure, water and wastewater infrastructure, 46 
renewable energy infrastructure, recycling and sustainability infrastructure, digital 47 
infrastructure, K-12 school facilities, social infrastructure and other infrastructure 48 
related to economic development as necessary for public purposes. (NRS 226.778) 49 
Existing law further provides that provisions of law that require the payment of 50 
prevailing wages to skilled labor apply to any contract for construction work on a 51 
qualified project if all or part of the costs of the qualified project are paid for using 52 
a loan or other financial assistance from the Bank. (NRS 226.826) Section 21 of 53 
this bill provides an exception so that the requirement to pay prevailing wages do 54 
not apply to any contract for construction work on a qualified project relating to 55 
attainable housing if the qualified borrower demonstrates that the qualified project 56 
addresses a need for critical infrastructure in an area with a shortage of attainable 57 
housing. Section 21 also authorizes the Bank to give a preference for approval to 58 
such a qualified project if the qualified borrower, contractor and subcontractors 59 
agree to pay prevailing wages.  60 
 Existing law sets forth certain procedures for a board of county commissioners 61 
or governing body of a city to sell or lease real property. (NRS 244.281, 268.061) 62 
Sections 23 and 26 of this bill require, before approving the sale or lease of real 63 
property for the development of attainable housing, in addition to other procedures, 64 
the board or governing body to evaluate the capacity and commitment of the 65 
developer to provide long-term benefits to the county in a manner that promotes 66 
transparency and does not interfere with equitable competition. Sections 23 and 26 67 
also require the developer to submit certain information to the board or governing 68 
body. 69 
 Existing law authorizes a nonprofit organization to submit to a board of county 70 
commissioners or governing body of a city an application for conveyance of certain 71 
property that is owned by the county. The board or governing body may approve 72 
such an application if the nonprofit organization demonstrates that the organization 73 
or its assignee will use the property to develop affordable housing. (NRS 244.287, 74 
268.058) Sections 24 and 25 of this bill: (1) instead authorize the board or 75 
governing body to approve such an application for attainable housing; and (2) 76 
require an application to include certain information. 77 
 Existing law makes the prevailing wage requirements applicable to certain 78 
construction projects that are not public works, including certain projects in a local 79 
improvement district that are funded by the issuance of bonds or otherwise financed 80 
through the levy of assessments on property within the district. (NRS 271.710) 81 
Section 27 of this bill provides that if more than 85 percent of the cost of the 82 
project is funded from assessments generated within the district, the prevailing 83 
wage requirements do not apply to the project. 84 
 Existing law establishes three tiers of affordable housing for various purposes 85 
in existing law and defines “affordable housing” as housing that falls within any of 86 
the three tiers. (NRS 232.860, 244.189, 244.287, 268.058, 268.190, 278.0105, 87 
279.385, 279A.020, 279B.020, 315.9625, 319.042) Section 33 of this bill revises 88 
the term “affordable housing” to be “attainable housing.” 89 
 Under existing law, the tiers are based on both household income and the costs 90 
of housing as a percentage of that income. With respect to household income: (1) 91 
“tier one affordable housing” is housing for a household which has a total monthly 92 
gross income that is equal to not more than 60 percent of the median monthly gross 93 
household income for the county in which the housing is located, which is 94 
commonly known as the area median household income; (2) “tier two affordable 95 
housing” is housing for a household which has a total monthly gross income that is 96   
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equal to more than 60 percent but not more than 80 percent of the area median 97 
household income; and (3) “tier three affordable housing” is housing for a 98 
household which has a total monthly gross income that is equal to more than 80 99 
percent but not more than 120 percent of the area median household income. In 100 
addition, with respect to the costs of housing, affordable housing under existing law 101 
is housing that costs not more than 30 percent of the total monthly gross household 102 
income of the household with an income at the maximum percentage of the area 103 
median household income for the tier. (NRS 278.01902, 278.01904, 278,01906) 104 
Section 29 of this bill creates a new tier of affordable housing, to be known as “tier 105 
four affordable housing,” that addresses housing for a household that has a total 106 
monthly gross income that is equal to not more than 120 percent but not more than 107 
150 percent of the area median household income. 108 
 Existing law sets forth an approval process for the subdivision of land that 109 
requires a subdivider to submit a tentative map to the planning commission or 110 
governing body of a county or city, as applicable. (NRS 278.330) Existing law also 111 
requires the tentative map to be forwarded to certain state agencies and local 112 
governments for review. (NRS 278.335) Section 31 of this bill requires each 113 
reviewing agency to adopt a process for the expedited review of and comment on a 114 
tentative map that includes attainable housing.  115 
 Existing law requires the governing body of each county and city, on or before 116 
July 1, 2024, to enact by ordinance an expedited process for the consideration and 117 
approval of projects for affordable housing. (Section 12 of Assembly Bill No. 213, 118 
chapter 200, Statutes of Nevada 2023, at p. 1171) Section 30 of this bill requires 119 
the governing body of each county and the governing body of each city to adopt an 120 
expedited process for the consideration and approval of projects for attainable 121 
housing.  122 
 Section 32 of this bill applies the definitions of certain terms relating to 123 
planning and zoning to sections 29-31.  124 
 Sections 34-36 of this bill, respectively, revise the definitions of “tier one 125 
affordable housing,” “tier three affordable housing” and “tier two affordable 126 
housing” to provide that the costs of such housing may be offset by certain energy 127 
cost savings. 128 
 Existing law requires the governing body of certain cities and counties to adopt 129 
at least 6 of 12 specified measures in implementing a plan for maintaining and 130 
developing affordable housing, which may include a measure to reduce or subsidize 131 
impact fees, fees for the issuance of building permits and fees imposed for the 132 
purpose for which an enterprise fund was created. (NRS 278.235) Section 37 of 133 
this bill authorizes that the governing body of such a county or city include a 134 
measure to also reimburse such fees. 135 
 Existing law sets forth the requirements for obtaining a contractor’s license 136 
from the State Contractors’ Board. (Chapter 624 of NRS) Section 39 of this bill 137 
requires, under certain circumstances, the Board to issue a contractor’s license by 138 
endorsement to certain applicants who will perform work in a rural area. Section 40 139 
of this bill provides that, if the Director of the Department of Business and Industry 140 
determines that there is a shortage of skilled labor or licensed contractors in a rural 141 
area that is adversely impacting the availability of attainable housing for essential 142 
workers who are employed in the area, the Director may issue a declaration of such 143 
shortage for not more than 3 years. Upon such a declaration, the Board is required 144 
to implement a process to issue provisional contractors’ licenses to certain 145 
applicants. 146 
 Sections 41 and 42 of this bill make conforming changes to exempt the license 147 
by endorsement issued pursuant to section 39 or a provisional license issued 148 
pursuant to section 40 from certain licensing requirements and the expiration date 149 
that generally apply to contractors’ licenses. Sections 40 and 42-46 of this bill 150 
exempt applicants for a new contractor’s license and existing licensed contractors 151   
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in rural areas from any application, license or renewal fee or certain other fees 152 
relating to a contractor’s license under circumstances where the Director of the 153 
Department of Business and Industry has issued a declaration of shortage pursuant 154 
to section 40. 155 
 Sections 48 and 49 of this bill require the Board to: (1) adopt regulations to 156 
carry out the provisions of sections 39 and 40 before January 1, 2026; and (2) 157 
submit a report to the Governor and Director of the Legislative Counsel Bureau that 158 
includes a recommendation as to whether the requirements to issue such licenses by 159 
endorsement and provisional licenses, as required by sections 39 and 40, should be 160 
continued, modified or terminated.  161 
 
 
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 
 
 Section 1.  Chapter 319 of NRS is hereby amended by adding 1 
thereto the provisions set forth as sections 2 to 17, inclusive, of this 2 
act.  3 
 Sec. 2.  As used in sections 2 to 17, inclusive, of this act, 4 
unless the context otherwise requires, the words and terms defined 5 
in sections 3 to 8, inclusive, of this act have the meanings ascribed 6 
to them in those sections. 7 
 Sec. 3.  “Attainable housing” has the meaning ascribed to it 8 
in NRS 278.0105. 9 
 Sec. 4.  “Attainable housing project” means any project or 10 
program that receives a grant of money from the Nevada 11 
Attainable Housing Account pursuant to section 10 of this act. 12 
 Sec. 5.  “Council” means the Nevada Attainable Housing 13 
Council created by section 15 of this act. 14 
 Sec. 6.  “Eligible entity” means a person or entity that is 15 
eligible to receive money from the Nevada Attainable Housing 16 
Account in accordance with the allocation plan for attainable 17 
housing adopted by the Administrator pursuant to section 11 of 18 
this act. The term includes, without limitation: 19 
 1. A state agency. 20 
 2. A local government. 21 
 3. A nonprofit organization. 22 
 4. A housing authority, as defined in NRS 315.021. 23 
 5. A tribal government or agency. 24 
 6. A housing counseling agency that is certified by the United 25 
States Department of Housing and Urban Development. 26 
 7. Any private entity that enters into a public-private 27 
partnership with the State or a local government to: 28 
 (a) Provide or administer a homebuyer assistance program 29 
that provides down payment assistance, interest rate buydowns or 30 
other forms of direct financial support to residents of this State for 31 
purchasing a home; 32   
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 (b) Administer a program for rental assistance or eviction 1 
diversion for residents of this State; 2 
 (c) Distribute housing assistance to residents of this State; or 3 
 (d) Manage casework services for eligible residents of this 4 
State. 5 
 8. Any owner or manager of rental properties that enters into 6 
an agreement with the State or a local government to participate 7 
in a program for rental assistance or eviction diversion that has 8 
specific affordability requirements for residents in this State. 9 
 9. Any other entity determined by the Administrator of the 10 
Division to be eligible to provide rental assistance or eviction 11 
diversion to residents in this State. 12 
 Sec. 7.  “Essential worker” means a person employed in: 13 
 1. Health care; 14 
 2. Education; 15 
 3. Public safety; 16 
 4. Construction labor; or 17 
 5. Any other industry that is a critical sector of employment 18 
in this State, as determined by executive order of the Governor. 19 
 Sec. 8.  “Nevada Attainable Housing Account” or “Account” 20 
means the Nevada Attainable Housing Account created by section 21 
9 of this act. 22 
 Sec. 9.  1. The Nevada Attainable Housing Account is 23 
hereby created in the State General Fund. All money that is 24 
collected for the use of the Account from any source must be 25 
deposited in the Account. 26 
 2. The money in the Nevada Attainable Housing Account 27 
must be used for the purposes described in section 10 of this act.  28 
 3. The Nevada Attainable Housing Account must be 29 
administered by the Division. The Division may apply for and 30 
accept any gift, grant, donation, bequest or other source of money 31 
for deposit in the Account. 32 
 4. The interest and income earned on money in the Nevada 33 
Attainable Housing Account, after deducting any applicable 34 
charges, must be credited to the Account.  35 
 5. Any money remaining in the Account at the end of the 36 
fiscal year must remain in the Account and does not revert to the 37 
State General Fund, and the balance in the Account must be 38 
carried forward to the next fiscal year. 39 
 Sec. 10.  1. Money in the Account may be distributed by the 40 
Division, in consultation with the Council, to eligible entities for 41 
expenditures relating to attainable housing, including, without 42 
limitation, for: 43 
 (a) Competitive loans, grants or rebates to support the 44 
development of attainable housing; 45   
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 (b) Competitive loans, grants or rebates for the development of 1 
attainable housing projects that qualify for federal low-income 2 
housing tax credits, as defined in NRS 360.863; 3 
 (c) Financial assistance for supportive housing; 4 
 (d) Programs for rental assistance or eviction diversion that 5 
meet any requirements prescribed by regulation by the Division 6 
pursuant to section 14 of this act; 7 
 (e) The acquisition of land for the development of attainable 8 
housing projects especially in areas of high demand and limited 9 
availability of attainable housing, as determined by the Division; 10 
 (f) Programs that assist essential workers to purchase homes; 11 
and 12 
 (g) Incentives for local governments to increase the supply of 13 
attainable housing, including, without limitation: 14 
  (1) Incentives for local governments to expedite the 15 
approval of attainable housing projects; 16 
  (2) Reimbursing local governments for waiving or 17 
deferring the payment of fees or taxes for attainable housing 18 
projects that are affordable for households that have a total 19 
monthly gross income that is not more than 150 percent of the 20 
median monthly gross household income for the county in which 21 
the housing is located; or 22 
  (3) Taking any other action within the authority of the local 23 
government that increases the supply of attainable housing.  24 
 2. In awarding money from the Account, the Division, in 25 
consultation with the Council: 26 
 (a) Shall prioritize projects that demonstrate the highest 27 
potential impact on addressing the attainable housing needs of the 28 
State; and 29 
 (b) In addition to any preference granted pursuant to 30 
subsection 2 of section 13 of this act, may prioritize projects that: 31 
  (1) Request to purchase land owned by the Federal 32 
Government at a discounted price for the creation of affordable 33 
housing pursuant to federal law, including, without limitation, the 34 
provisions of section 7(b) of the Southern Nevada Public Land 35 
Management Act of 1998, Public Law 105-263; 36 
  (2) Utilize innovative strategies for expanding the supply of 37 
attainable housing; or 38 
  (3) Utilize cost-effective methods and efficient use of 39 
allocated resources. 40 
 Sec. 11.  1. For each calendar year, the Administrator shall 41 
adopt an allocation plan for disbursing money from the Nevada 42 
Attainable Housing Account for attainable housing. A 43 
disbursement of money from the Account must comply with the 44   
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allocation plan for the calendar year in which the disbursement is 1 
made. 2 
 2. The allocation plan adopted pursuant to subsection 1 must, 3 
without limitation set forth: 4 
 (a) The application and eligibility requirements for an eligible 5 
entity to apply for and receive money from the Nevada Attainable 6 
Housing Account, including, without limitation, requirements for 7 
an eligible entity to demonstrate: 8 
  (1) The necessary expertise and capacity to properly carry 9 
out the proposed attainable housing project for which the eligible 10 
entity receives money from the Account;  11 
  (2) The extent to which the proposed attainable housing 12 
project maximizes the use of money from the Account by obtaining 13 
additional financial support from federal, local, private or other 14 
sources; and 15 
  (3) The long-term sustainability of the proposed attainable 16 
housing project and its potential to contribute to community 17 
stability, foster economic development and increase access to 18 
attainable housing. 19 
 (b) Any requirements for an eligible entity that receives money 20 
from the Nevada Attainable Housing Account to demonstrate 21 
compliance with any condition upon the receipt of money from the 22 
Account. 23 
 3. Before adopting a proposed allocation plan pursuant to 24 
subsection 1, the Administrator must: 25 
 (a) Hold at least one public hearing on the proposed allocation 26 
plan that complies with the provisions set forth in chapter 241 of 27 
NRS; and  28 
 (b) Make the proposed allocation plan available on the 29 
Internet website of the Division at least 14 days before the first 30 
public hearing held pursuant to paragraph (a). 31 
 Sec. 12.  1. Except as otherwise provided in subsection 2, an 32 
eligible entity must provide or secure matching funds in an 33 
amount that is not less than the amount of money awarded to the 34 
eligible entity from the Account. Such matching funds may come 35 
from, without limitation, private investment, contributions from 36 
local governments or federal money. 37 
 2. If the Division, in consultation with the Council, 38 
determines that it is in the best interests of the residents of the 39 
State, an eligible entity is not required to provide or secure 40 
matching funds for a program for rental assistance or eviction 41 
diversion.  42 
 Sec. 13.  1. Except as otherwise provided in subsection 2, 43 
any attainable housing project that receives money from the 44 
Nevada Attainable Housing Account: 45   
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 (a) Is not a public work, as defined in NRS 338.010; and  1 
 (b) Is exempt from the provisions of chapter 338 of NRS. 2 
 2. If the owner or developer of an attainable housing project 3 
agrees to comply with the provisions of NRS 338.013 to 338.090, 4 
inclusive, in the same manner as if a public body had undertaken 5 
the project or had awarded the contract, the Division shall give a 6 
preference for awarding money from the Account to that 7 
attainable housing project over any substantially similar project 8 
where the owner or developer of an attainable housing project 9 
does not agree to comply with the provisions of NRS 338.013 to 10 
338.090, inclusive. 11 
 Sec. 14.  1. The Division may adopt regulations setting forth 12 
standards and requirements for any program for rental assistance 13 
or eviction diversion that receives funding from the Nevada 14 
Attainable Housing Account.  15 
 2. The regulations adopted pursuant to subsection 1 may, 16 
without limitation, set forth: 17 
 (a) Uniform standards for eligibility for rental assistance or 18 
eviction diversion that ensure equitable access to rental assistance 19 
or eviction diversion;  20 
 (b) Requirements to apply for rental assistance or eviction 21 
diversion that are clear and streamlined to reduce administrative 22 
delay of processing applications and disbursement of funds for 23 
rental assistance or eviction diversion; and 24 
 (c) Measures that allow programs for rental assistance or 25 
eviction diversion to proactively identify tenants who are at risk of 26 
eviction for not paying rent before eviction proceedings are 27 
initiated. 28 
 3. The provisions of this section and any regulation adopted 29 
pursuant thereto does not affect any right or remedy of a landlord 30 
or tenant, including, without limitation, any right or remedy set 31 
forth in chapter 40, 118A or 118B of NRS.  32 
 4. On or before November 15 of each even-numbered year, 33 
the Division shall prepare and submit a report to the Governor 34 
and the Director of the Legislative Counsel Bureau for transmittal 35 
to the Legislature that includes, without limitation: 36 
 (a) The number of households and demographic information 37 
of recipients of rental assistance from programs for rental 38 
assistance or eviction diversion that receive funding from the 39 
Account; 40 
 (b) The average amount of time for processing an application 41 
for rental assistance from a program for rental assistance or 42 
eviction diversion that received funding from the Account; 43 
 (c) A description of the outcomes resulting from early 44 
intervention efforts, including, without limitation, whether 45   
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eviction proceedings were reduced as a result of the program for 1 
rental assistance or eviction diversion; and 2 
 (d) Recommendations for improvements or adjustments to 3 
programs for rental assistance or eviction diversion, based on the 4 
performance data of the programs. 5 
 Sec. 15.  1. The Nevada Attainable Housing Council is 6 
hereby created to provide oversight and strategic guidance for the 7 
administration and allocation of the Nevada Attainable Housing 8 
Account. 9 
 2. The Nevada Attainable Housing Council consists of: 10 
 (a) The Director of the Department of Business and Industry 11 
or his or her designee, who is chair of the Council; 12 
 (b) The Administrator of the Division or his or her designee; 13 
 (c) One member appointed by the Majority Leader of the 14 
Senate who has expertise in banking and the financing of housing 15 
projects; 16 
 (d) One member appointed by the Minority Leader of the 17 
Senate who represents the builders and developers of housing 18 
projects; 19 
 (e) One member appointed by the Minority Leader of the 20 
Assembly who has expertise in the multifamily housing industry; 21 
 (f) One member appointed by the Speaker of the Assembly who 22 
represents a low-income housing organization; and 23 
 (g) One member appointed by the Governor who represents the 24 
general public. 25 
 3. Each appointed member of the Council serves a term of 2 26 
years and may be reappointed for additional terms of 2 years in 27 
the same manner as the original appointments. 28 
 4. Any vacancy occurring in the appointed membership of the 29 
Council must be filled in the same manner as the original 30 
appointment for the remainder of the unexpired term. 31 
 5. Each appointed member of the Council: 32 
 (a) Serves without compensation; and 33 
 (b) While engaged in the business of the Council, is entitled to 34 
receive the per diem allowance and travel expenses provided for 35 
state officers and employees generally. 36 
 6. The Department of Business and Industry shall provide the 37 
Council with administrative support. 38 
 Sec. 16.  1. A member of the Council shall not have any 39 
direct financial interest in any attainable housing project or 40 
eligible entity that applies for or receives funding from the Nevada 41 
Attainable Housing Account.  42 
 2. The Division shall establish procedures to ensure that any 43 
member of the Council discloses any direct or indirect financial 44 
interest in an attainable housing project or eligible entity. Such 45   
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procedures must be consistent with the provisions of chapter 281A 1 
of NRS and any regulation adopted by the Nevada Commission on 2 
Ethics pursuant to that chapter. 3 
 Sec. 17.  The Nevada Attainable Housing Council shall: 4 
 1. Review and comment on: 5 
 (a) The annual housing progress report compiled by the 6 
Division pursuant to NRS 278.235; 7 
 (b) The reports compiled by the Division pursuant to NRS 8 
278.237; and 9 
 (c) The report concerning housing prepared by the Advisory 10 
Committee on Housing pursuant to NRS 319.174; and 11 
 2. Provide recommendations to the Division regarding the 12 
allocation and use of money from the Nevada Attainable Housing 13 
Account pursuant to the allocation plan adopted pursuant to 14 
section 11 of this act. 15 
 Sec. 18.  NRS 319.170 is hereby amended to read as follows: 16 
 319.170 Except as otherwise provided in NRS 319.169 and 17 
319.500 [,] and section 9 of this act, the Division may: 18 
 1.  Establish such funds or accounts as may be necessary or 19 
desirable for furtherance of the purposes of this chapter. 20 
 2.  Invest or deposit its money, subject to any agreement with 21 
bondholders or noteholders, and is not required to keep any of its 22 
money in the State Treasury. The provisions of chapters 355 and 23 
356 of NRS do not apply to such investments or deposits. 24 
 Sec. 19.  Chapter 118A of NRS is hereby amended by adding 25 
thereto a new section to read as follows: 26 
 1. The Housing Division of the Department of Business and 27 
Industry may establish a program for the reporting of rental 28 
payments to a credit reporting agency.  29 
 2. The Division may not require any landlord or tenant to 30 
participate in such a program. A landlord shall not require any 31 
tenant to participate in the program or subject a tenant to any 32 
penalty or consequence for not participating in the program. 33 
 3. The Division may: 34 
 (a) Establish requirements for any landlord or tenant to 35 
voluntarily participate in the program, including, without 36 
limitation, any safeguard necessary to ensure that participation in 37 
the program is voluntary and that tenants are not subject to any 38 
adverse action for participating or not participating in the 39 
program. 40 
 (b) Provide guidelines for the use of an independent third-41 
party vendor to manage the collection and reporting of rental 42 
payments. The Division shall maintain and publish a list of third-43 
party vendors that are approved by the Division to manage the 44 
reporting of rental payments pursuant to the program. 45   
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 4. The Division may adopt any regulation necessary to carry 1 
out the provisions of this section, including, without limitation: 2 
 (a) Criteria for approving an independent third-party vendor to 3 
manage the collection and reporting of rental payments; 4 
 (b) Requirements for tenants to be notified and provide proper 5 
consent to participate in the program; and 6 
 (c) Procedures for resolving any dispute relating to the 7 
reporting of rental payments pursuant to the program. 8 
 Sec. 20.  Chapter 118B of NRS is hereby amended by adding 9 
thereto a new section to read as follows: 10 
 1. The Division may establish a program for the reporting of 11 
rental payments to a credit reporting agency.  12 
 2. The Division may not require any landlord or tenant to 13 
participate in such a program. A landlord shall not require any 14 
tenant to participate in the program or subject a tenant to any 15 
penalty or consequence for not participating in the program. 16 
 3. The Division may: 17 
 (a) Establish requirements for any landlord or tenant to 18 
voluntarily participate in the program, including, without 19 
limitation, any safeguard necessary to ensure that participation in 20 
the program is voluntary and that tenants are not subject to any 21 
adverse action for participating or not participating in the 22 
program. 23 
 (b) Provide guidelines for the use of an independent third-24 
party vendor to manage the collection and reporting of rental 25 
payments. The Division shall maintain and publish a list of third-26 
party vendors that are approved by the Division to manage the 27 
reporting of rental payments pursuant to the program. 28 
 4. The Division may adopt any regulations necessary to carry 29 
out the provisions of this section, including, without limitation: 30 
 (a) Criteria for approving an independent third-party vendor to 31 
manage the collection and reporting of rental payments; 32 
 (b) Requirements for tenants to be notified and provide proper 33 
consent to participate in the program; and 34 
 (c) Procedures for resolving any dispute relating to the 35 
reporting of rental payments pursuant to the program. 36 
 Sec. 21.  NRS 226.826 is hereby amended to read as follows: 37 
 226.826 1.  To the extent possible, the provisions of NRS 38 
226.700 to 226.832, inclusive, are intended to supplement other 39 
statutory provisions governing the development, construction, 40 
repair, improvement, maintenance, decommissioning, operation and 41 
ownership of transportation facilities, utility infrastructure, water 42 
and wastewater infrastructure, renewable energy infrastructure, 43 
recycling and sustainability infrastructure, digital infrastructure, K-44 
12 school facilities, social infrastructure or other infrastructure 45   
 	– 13 – 
 
 
- 	*AB540* 
related to economic development and the issuance of bonds and 1 
other securities by this State or a political subdivision thereof, and 2 
such other provisions must be given effect to the extent that those 3 
provisions do not conflict with the provisions of NRS 226.700 to 4 
226.832, inclusive. If there is a conflict between such other 5 
provisions and the provisions of NRS 226.700 to 226.832, inclusive, 6 
the provisions of NRS 226.700 to 226.832, inclusive, control. 7 
 2. [The] Except as otherwise provided in subsection 3, the 8 
provisions of NRS 338.013 to 338.090, inclusive, apply to any 9 
contract for construction work on a qualified project if all or part of 10 
the costs of the qualified project are paid for using a loan or other 11 
financial assistance from the Bank. [The] Except as otherwise 12 
provided in subsection 3, the Bank, the qualified borrower, any 13 
contractor who is awarded a contract or enters into an agreement to 14 
perform construction work on the qualified project, and any 15 
subcontractor who performs any portion of the construction work 16 
shall comply with the provisions of NRS 338.013 to 338.090, 17 
inclusive, in the same manner as if a public body had undertaken the 18 
qualified project or had awarded the contract. 19 
 3. Except as otherwise provided in this subsection, the 20 
provisions of NRS 338.013 to 338.090, inclusive, do not apply to 21 
any contract for construction work on a qualified project relating 22 
to attainable housing, as defined in NRS 278.0105, if the qualified 23 
borrower demonstrates that the qualified project addresses a need 24 
for critical infrastructure in an area with a shortage of attainable 25 
housing.  26 
 4. Notwithstanding the provisions of subsection 3, the Bank 27 
may give a preference for providing a loan or other financial 28 
assistance to a qualified project relating to attainable housing, as 29 
defined in NRS 278.0105, if the qualified borrower, contractor and 30 
subcontractors agree to comply with the provisions of NRS 31 
338.013 to 338.090, inclusive, in the same manner as if a public 32 
body had undertaken the qualified project or had awarded the 33 
contract. 34 
 Sec. 22.  NRS 233B.039 is hereby amended to read as follows: 35 
 233B.039 1.  The following agencies are entirely exempted 36 
from the requirements of this chapter: 37 
 (a) The Governor. 38 
 (b) Except as otherwise provided in subsection 7 and NRS 39 
209.221 and 209.2473, the Department of Corrections. 40 
 (c) The Nevada System of Higher Education. 41 
 (d) The Office of the Military. 42 
 (e) The Nevada Gaming Control Board. 43 
 (f) Except as otherwise provided in NRS 368A.140 and 463.765, 44 
the Nevada Gaming Commission. 45   
 	– 14 – 
 
 
- 	*AB540* 
 (g) Except as otherwise provided in NRS 425.620, the Division 1 
of Welfare and Supportive Services of the Department of Health and 2 
Human Services. 3 
 (h) Except as otherwise provided in NRS 422.390, the Division 4 
of Health Care Financing and Policy of the Department of Health 5 
and Human Services. 6 
 (i) Except as otherwise provided in NRS 533.365, the Office of 7 
the State Engineer. 8 
 (j) The Division of Industrial Relations of the Department of 9 
Business and Industry acting to enforce the provisions of  10 
NRS 618.375. 11 
 (k) The Administrator of the Division of Industrial Relations of 12 
the Department of Business and Industry in establishing and 13 
adjusting the schedule of fees and charges for accident benefits 14 
pursuant to subsection 2 of NRS 616C.260. 15 
 (l) The Board to Review Claims in adopting resolutions to carry 16 
out its duties pursuant to NRS 445C.310. 17 
 (m) The Silver State Health Insurance Exchange. 18 
 (n) The Administrator of the Housing Division of the 19 
Department of Business and Industry in adopting the allocation 20 
plan pursuant to section 11 of this act. 21 
 2.  Except as otherwise provided in subsection 5 and NRS 22 
391.323, the Department of Education, the Board of the Public 23 
Employees’ Benefits Program and the Commission on Professional 24 
Standards in Education are subject to the provisions of this chapter 25 
for the purpose of adopting regulations but not with respect to any 26 
contested case. 27 
 3.  The special provisions of: 28 
 (a) Chapter 612 of NRS for the adoption of an emergency 29 
regulation or the distribution of regulations by and the judicial 30 
review of decisions of the Employment Security Division of the 31 
Department of Employment, Training and Rehabilitation; 32 
 (b) Chapters 616A to 617, inclusive, of NRS for the 33 
determination of contested claims; 34 
 (c) Chapter 91 of NRS for the judicial review of decisions of the 35 
Administrator of the Securities Division of the Office of the 36 
Secretary of State; and 37 
 (d) NRS 90.800 for the use of summary orders in contested 38 
cases, 39 
 prevail over the general provisions of this chapter. 40 
 4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 41 
233B.126 do not apply to the Department of Health and Human 42 
Services in the adjudication of contested cases involving the 43 
issuance of letters of approval for health facilities and agencies. 44 
 5.  The provisions of this chapter do not apply to: 45   
 	– 15 – 
 
 
- 	*AB540* 
 (a) Any order for immediate action, including, but not limited 1 
to, quarantine and the treatment or cleansing of infected or infested 2 
animals, objects or premises, made under the authority of the State 3 
Board of Agriculture, the State Board of Health, or any other agency 4 
of this State in the discharge of a responsibility for the preservation 5 
of human or animal health or for insect or pest control; 6 
 (b) An extraordinary regulation of the State Board of Pharmacy 7 
adopted pursuant to NRS 453.2184; 8 
 (c) A regulation adopted by the State Board of Education 9 
pursuant to NRS 388.255 or 394.1694; 10 
 (d) The judicial review of decisions of the Public Utilities 11 
Commission of Nevada; 12 
 (e) The adoption, amendment or repeal of policies by the 13 
Rehabilitation Division of the Department of Employment, Training 14 
and Rehabilitation pursuant to NRS 426.561 or 615.178; 15 
 (f) The adoption or amendment of a rule or regulation to be 16 
included in the State Plan for Services for Victims of Crime by  17 
the Department of Health and Human Services pursuant to  18 
NRS 217.130; 19 
 (g) The adoption, amendment or repeal of rules governing the 20 
conduct of contests and exhibitions of unarmed combat by the 21 
Nevada Athletic Commission pursuant to NRS 467.075; 22 
 (h) The adoption, amendment or repeal of standards of content 23 
and performance for courses of study in public schools by the 24 
Council to Establish Academic Standards for Public Schools and the 25 
State Board of Education pursuant to NRS 389.520; 26 
 (i) The adoption, amendment or repeal of the statewide plan to 27 
allocate money from the Fund for a Resilient Nevada created by 28 
NRS 433.732 established by the Department of Health and Human 29 
Services pursuant to paragraph (b) of subsection 1 of NRS 433.734; 30 
or 31 
 (j) The adoption or amendment of a data request by the 32 
Commissioner of Insurance pursuant to NRS 687B.404. 33 
 6.  The State Board of Parole Commissioners is subject to the 34 
provisions of this chapter for the purpose of adopting regulations but 35 
not with respect to any contested case. 36 
 7.  The Department of Corrections is subject to the provisions 37 
of this chapter for the purpose of adopting regulations relating to 38 
fiscal policy, correspondence with inmates and visitation with 39 
inmates of the Department of Corrections. 40 
 Sec. 23.  NRS 244.281 is hereby amended to read as follows: 41 
 244.281 1.  Except as otherwise provided in this [subsection] 42 
section and NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 43 
244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 44 
278.4965, inclusive, and subsection 3 of NRS 496.080, except as 45   
 	– 16 – 
 
 
- 	*AB540* 
otherwise required by federal law, except as otherwise required 1 
pursuant to a cooperative agreement entered into pursuant to NRS 2 
277.050 or 277.053 or an interlocal agreement in existence on or 3 
before October 1, 2004, except if the board of county 4 
commissioners is entering into a joint development agreement for 5 
real property owned by the county to which the board of county 6 
commissioners is a party, except for a lease of residential property 7 
with a term of 1 year or less, except for the sale or lease of real 8 
property to a public utility, as defined in NRS 704.020, to be used 9 
for a public purpose and except for the sale or lease of real property 10 
larger than 1 acre which is approved by the voters at a primary or 11 
general election or special election: 12 
 (a) When a board of county commissioners has determined by 13 
resolution that the sale or lease of any real property owned by the 14 
county will be for purposes other than to establish, align, realign, 15 
change, vacate or otherwise adjust any street, alley, avenue or other 16 
thoroughfare, or portion thereof, or flood control facility within the 17 
county and will be in the best interest of the county, it may: 18 
  (1) Sell the real property in the manner prescribed for the 19 
sale of real property in NRS 244.282. 20 
  (2) Lease the real property in the manner prescribed for the 21 
lease of real property in NRS 244.283. 22 
 (b) Before the board of county commissioners may sell or lease 23 
any real property as provided in paragraph (a), it shall: 24 
  (1) Post copies of the resolution described in paragraph (a) in 25 
three public places in the county; and 26 
  (2) Cause to be published at least once a week for 3 27 
successive weeks, in a newspaper qualified under chapter 238 of 28 
NRS that is published in the county in which the real property is 29 
located, a notice setting forth: 30 
   (I) A description of the real property proposed to be sold 31 
or leased in such a manner as to identify it; 32 
   (II) The minimum price, if applicable, of the real property 33 
proposed to be sold or leased; and 34 
   (III) The places at which the resolution described in 35 
paragraph (a) has been posted pursuant to subparagraph (1), and any 36 
other places at which copies of that resolution may be obtained. 37 
 If no qualified newspaper is published within the county in which 38 
the real property is located, the required notice must be published in 39 
some qualified newspaper printed in the State of Nevada and having 40 
a general circulation within that county. 41 
 (c) Except as otherwise provided in this paragraph and 42 
paragraph (h), if the board of county commissioners by its resolution 43 
further finds that the real property to be sold or leased is worth more 44 
than $1,000, the board shall select two or more disinterested, 45   
 	– 17 – 
 
 
- 	*AB540* 
competent real estate appraisers pursuant to NRS 244.2795 to 1 
appraise the real property. If the board of county commissioners 2 
holds a public hearing on the matter of the fair market value of the 3 
property, one disinterested, competent appraisal of the real property 4 
is sufficient before selling or leasing it. Except for real property 5 
acquired pursuant to NRS 371.047, the board of county 6 
commissioners shall not sell or lease it for less than: 7 
  (1) If two independent appraisals were obtained, the average 8 
of the appraisals of the real property. 9 
  (2) If only one independent appraisal was obtained, the 10 
appraised value of the real property.  11 
 (d) If the real property is appraised at $1,000 or more, the board 12 
of county commissioners may: 13 
  (1) Lease the real property; or 14 
  (2) Sell the real property either for cash or for not less than 15 
25 percent cash down and upon deferred payments over a period of 16 
not more than 10 years, secured by a mortgage or deed of trust, 17 
bearing such interest and upon such further terms as the board of 18 
county commissioners may specify. 19 
 (e) A board of county commissioners may sell or lease any real 20 
property owned by the county without complying with the 21 
provisions of NRS 244.282 or 244.283 to: 22 
  (1) A person who owns real property located adjacent to the 23 
real property to be sold or leased if the board has determined by 24 
resolution that the sale will be in the best interest of the county and 25 
the real property is a: 26 
   (I) Remnant that was separated from its original parcel 27 
due to the construction of a street, alley, avenue or other 28 
thoroughfare, or portion thereof, flood control facility or other 29 
public facility; 30 
   (II) Parcel that, as a result of its size, is too small to 31 
establish an economically viable use by anyone other than the 32 
person who owns real property adjacent to the real property for sale 33 
or lease; or 34 
   (III) Parcel which is subject to a deed restriction 35 
prohibiting the use of the real property by anyone other than the 36 
person who owns real property adjacent to the real property for sale 37 
or lease. 38 
  (2) The State or another governmental entity if: 39 
   (I) The sale or lease restricts the use of the real property 40 
to a public use; and 41 
   (II) The board adopts a resolution finding that the sale or 42 
lease will be in the best interest of the county. 43 
 (f) A board of county commissioners that disposes of real 44 
property pursuant to paragraph (d) is not required to offer to 45   
 	– 18 – 
 
 
- 	*AB540* 
reconvey the real property to the person from whom the real 1 
property was received or acquired by donation or dedication. 2 
 (g) If real property that is offered for sale or lease pursuant to 3 
this section is not sold or leased at the initial offering of the contract 4 
for the sale or lease of the real property, the board of county 5 
commissioners may offer the real property for sale or lease a second 6 
time pursuant to this section. The board of county commissioners 7 
must obtain a new appraisal or appraisals, as applicable, of the real 8 
property pursuant to the provisions of NRS 244.2795 before 9 
offering the real property for sale or lease a second time if: 10 
  (1) There is a material change relating to the title, the zoning 11 
or an ordinance governing the use of the real property; or 12 
  (2) The appraisal or appraisals, as applicable, were prepared 13 
more than 6 months before the date on which the real property is 14 
offered for sale or lease the second time.  15 
 (h) If real property that is offered for sale or lease pursuant to 16 
this section is not sold or leased at the second offering of the 17 
contract for the sale or lease of the real property, the board of county 18 
commissioners may list the real property for sale or lease at the 19 
appraised value or average of the appraised value if two or more 20 
appraisals were obtained, as applicable, with a licensed real estate 21 
broker, provided that the broker or a person related to the broker 22 
within the first degree of consanguinity or affinity does not have an 23 
interest in the real property or an adjoining property. If the appraisal 24 
or appraisals, as applicable, were prepared more than 6 months 25 
before the date on which the real property is listed with a licensed 26 
real estate broker, the board of county commissioners must obtain 27 
one new appraisal of the real property pursuant to the provisions of 28 
NRS 244.2795 before listing the real property for sale or lease at the 29 
new appraised value. 30 
 2.  Before approving the sale or lease of real property owned 31 
by the county for the development of attainable housing, in 32 
addition to complying with the provisions of subsection 1, the 33 
board of county commissioners shall evaluate the capacity and 34 
commitment of the developer to provide long-term benefits to the 35 
county in a manner that promotes transparency and does not 36 
interfere with equitable competition. The developer shall submit to 37 
the board of county commissioners: 38 
 (a) Information that sets forth: 39 
  (1) The number of employees of the developer or any 40 
affiliate of the developer who are residents of this State; and 41 
  (2) The number of households in this State who live in 42 
attainable housing units that are owned or managed by the 43 
developer or any affiliate of the developer; 44   
 	– 19 – 
 
 
- 	*AB540* 
 (b) A description of any previous project for which the 1 
developer received federal low-income housing tax credits, as 2 
defined in NRS 360.863, with documentation of compliance with 3 
any federal requirements; and 4 
 (c) A description of any previous project where the developer 5 
has obtained additional federal low-income housing tax credits, as 6 
defined in NRS 360.863, or alternative financing for the 7 
rehabilitation or resyndication of attainable housing. The 8 
description must include, without limitation, the name, location, 9 
number of units and cost per unit of the attainable housing.  10 
 3. If real property is sold or leased in violation of the 11 
provisions of this section: 12 
 (a) The sale or lease is void; and 13 
 (b) Any change to an ordinance or law governing the zoning or 14 
use of the real property is void if the change takes place within 5 15 
years after the date of the void sale or lease. 16 
 [3.] 4.  As used in this section [, “flood] : 17 
 (a) “Attainable housing” has the meaning ascribed to it in 18 
NRS 278.0105. 19 
 (b) “Flood control facility” has the meaning ascribed to it in 20 
NRS 244.276. 21 
 Sec. 24.  NRS 244.287 is hereby amended to read as follows: 22 
 244.287 1.  A nonprofit organization may submit to a board 23 
of county commissioners an application for conveyance of property 24 
that is owned by the county if the property was: 25 
 (a) Received by donation for the use and benefit of the county 26 
pursuant to NRS 244.270. 27 
 (b) Purchased by the county pursuant to NRS 244.275. 28 
 2.  Before the board of county commissioners makes a 29 
determination on such an application for conveyance, it shall hold at 30 
least one public hearing on the application. Notice of the time, place 31 
and specific purpose of the hearing must be: 32 
 (a) Published at least once in a newspaper of general circulation 33 
in the county. 34 
 (b) Mailed to all owners of record of real property which is 35 
located not more than 300 feet from the property that is proposed for 36 
conveyance.  37 
 (c) Posted in a conspicuous place on the property that is 38 
proposed for conveyance.  39 
 The hearing must be held not fewer than 10 days but not more 40 
than 40 days after the notice is published, mailed and posted in 41 
accordance with this subsection. 42 
 3.  The board of county commissioners may approve such an 43 
application for conveyance if the nonprofit organization 44 
demonstrates to the satisfaction of the board that the organization or 45   
 	– 20 – 
 
 
- 	*AB540* 
its assignee will use the property to develop [affordable] attainable 1 
housing. An application must include, without limitation: 2 
 (a) Information that sets forth: 3 
  (1) The number of employees of the nonprofit organization 4 
or its affiliates who are residents of this State; and 5 
  (2) The number of households in this State who live in 6 
attainable housing units that are owned or managed by the 7 
nonprofit organization or any affiliate of the nonprofit 8 
organization; 9 
 (b) A description of any previous project for which the 10 
nonprofit organization received federal low-income housing tax 11 
credits, as defined in NRS 360.863, with documentation of 12 
compliance with any federal requirements; and 13 
 (c) A description of any previous project where the nonprofit 14 
organization has obtained additional federal low-income housing 15 
tax credits, as defined in NRS 360.863, or alternative financing for 16 
the rehabilitation or resyndication of attainable housing. The 17 
description must include, without limitation, the name, location, 18 
number of units and cost per unit of the attainable housing.  19 
 4. If the board of county commissioners receives more than 20 
one application for conveyance of the property, the board must give 21 
priority to an application of a nonprofit organization that 22 
demonstrates to the satisfaction of the board that the organization or 23 
its assignee will use the property to develop [affordable] attainable 24 
housing for persons who are seniors or disabled . [or elderly. 25 
 4.] 5.  If the board of county commissioners approves an 26 
application for conveyance, it may convey the property to the 27 
nonprofit organization without consideration. Such a conveyance 28 
must not be in contravention of any condition in a gift or devise of 29 
the property to the county. 30 
 [5.] 6.  As a condition to the conveyance of the property 31 
pursuant to subsection [4,] 5, the board of county commissioners 32 
shall enter into an agreement with the nonprofit organization that 33 
requires the nonprofit organization or its assignee to use the 34 
property to provide [affordable] attainable housing for at least 50 35 
years. If the nonprofit organization or its assignee fails to use the 36 
property to provide [affordable] attainable housing pursuant to the 37 
agreement, the board of county commissioners may take reasonable 38 
action to return the property to use as [affordable] attainable 39 
housing, including, without limitation: 40 
 (a) Repossessing the property from the nonprofit organization or 41 
its assignee. 42 
 (b) Transferring ownership of the property from the nonprofit 43 
organization or its assignee to another person or governmental entity 44 
that will use the property to provide [affordable] attainable housing. 45   
 	– 21 – 
 
 
- 	*AB540* 
 [6.] 7.  The agreement required by subsection [5] 6 must be 1 
recorded in the office of the county recorder of the county in which 2 
the property is located and must specify: 3 
 (a) The number of years for which the nonprofit organization or 4 
its assignee must use the property to provide [affordable] attainable 5 
housing; and 6 
 (b) The action that the board of county commissioners will take 7 
if the nonprofit organization or its assignee fails to use the property 8 
to provide [affordable] attainable housing pursuant to the 9 
agreement. 10 
 [7.] 8.  A board of county commissioners that has conveyed 11 
property pursuant to subsection [4] 5 shall: 12 
 (a) Prepare annually a list which includes a description of all 13 
property that was conveyed to a nonprofit organization pursuant to 14 
this section; and 15 
 (b) Include the list in the annual audit of the county which is 16 
conducted pursuant to NRS 354.624. 17 
 [8.] 9.  If, 5 years after the date of a conveyance pursuant to 18 
subsection [4,] 5, a nonprofit organization or its assignee has not 19 
commenced construction of [affordable] attainable housing, or 20 
entered into such contracts as are necessary to commence the 21 
construction of [affordable] attainable housing, the property that 22 
was conveyed automatically reverts to the county. 23 
 [9.] 10.  A board of county commissioners may subordinate the 24 
interest of the county in property conveyed pursuant to subsection 25 
[4] 5 to a first or subsequent holder of a mortgage on that property 26 
to the extent the board deems necessary to promote investment in 27 
the construction of [affordable] attainable housing. 28 
 [10.] 11.  As used in this section, unless the context otherwise 29 
requires: 30 
 (a) [“Affordable] “Attainable housing” has the meaning 31 
ascribed to it in NRS 278.0105. 32 
 (b) “Nonprofit organization” means an organization that is 33 
recognized as exempt pursuant to 26 U.S.C. § 501(c)(3). 34 
 Sec. 25.  NRS 268.058 is hereby amended to read as follows: 35 
 268.058 1.  A nonprofit organization may submit to the 36 
governing body of a city an application for conveyance of property 37 
that is owned by the city if the property was purchased or received 38 
by the city pursuant to NRS 268.008. 39 
 2.  Before the governing body makes a determination on such 40 
an application for conveyance, it shall hold at least one public 41 
hearing on the application. Notice of the time, place and specific 42 
purpose of the hearing must be: 43 
 (a) Published at least once in a newspaper of general circulation 44 
in the city. 45   
 	– 22 – 
 
 
- 	*AB540* 
 (b) Mailed to all owners of record of real property which is 1 
located not more than 300 feet from the property that is proposed for 2 
conveyance.  3 
 (c) Posted in a conspicuous place on the property that is 4 
proposed for conveyance.  5 
 The hearing must be held not fewer than 10 days but not more 6 
than 40 days after the notice is published, mailed and posted in 7 
accordance with this subsection. 8 
 3.  The governing body may approve such an application for 9 
conveyance if the nonprofit organization demonstrates to the 10 
satisfaction of the governing body that the organization or its 11 
assignee will use the property to develop [affordable] attainable 12 
housing. An application must include, without limitation: 13 
 (a) Information that sets forth: 14 
  (1) The number of employees of the nonprofit organization 15 
or its affiliates who are residents of this State; and 16 
  (2) The number of households in this State who live in 17 
attainable housing units that are owned or managed by the 18 
nonprofit organization or any affiliate of the nonprofit 19 
organization; 20 
 (b) A description of any previous project for which the 21 
nonprofit organization received federal low-income housing tax 22 
credits, as defined in NRS 360.863, with documentation of 23 
compliance with any federal requirements; and 24 
 (c) A description of any previous project where the nonprofit 25 
organization has obtained additional federal low-income housing 26 
tax credits, as defined in NRS 360.863, or alternative financing for 27 
the rehabilitation or resyndication of attainable housing. The 28 
description must include, without limitation, the name, location, 29 
number of units and cost per unit of the attainable housing.  30 
 4. If the governing body receives more than one application for 31 
conveyance of the property, the governing body must give priority 32 
to an application of a nonprofit organization that demonstrates to the 33 
satisfaction of the governing body that the organization or its 34 
assignee will use the property to develop [affordable] attainable 35 
housing for persons who are seniors or disabled . [or elderly. 36 
 4.] 5.  If the governing body approves an application for 37 
conveyance, it may convey the property to the nonprofit 38 
organization without consideration. Such a conveyance must not be 39 
in contravention of any condition in a gift or devise of the property 40 
to the city. 41 
 [5.] 6.  As a condition to the conveyance of the property 42 
pursuant to subsection [4,] 5, the governing body shall enter into an 43 
agreement with the nonprofit organization that requires the 44 
nonprofit organization or its assignee to use the property to provide 45   
 	– 23 – 
 
 
- 	*AB540* 
[affordable] attainable housing for at least 50 years. If the nonprofit 1 
organization or its assignee fails to use the property to provide 2 
[affordable] attainable housing pursuant to the agreement, the 3 
governing body may take reasonable action to return the property to 4 
use as [affordable] attainable housing, including, without limitation: 5 
 (a) Repossessing the property from the nonprofit organization or 6 
its assignee. 7 
 (b) Transferring ownership of the property from the nonprofit 8 
organization or its assignee to another person or governmental entity 9 
that will use the property to provide [affordable] attainable housing. 10 
 [6.] 7.  The agreement required by subsection [5] 6 must be 11 
recorded in the office of the county recorder of the county in which 12 
the property is located and must specify: 13 
 (a) The number of years for which the nonprofit organization or 14 
its assignee must use the property to provide [affordable] attainable 15 
housing; and 16 
 (b) The action that the governing body will take if the nonprofit 17 
organization or its assignee fails to use the property to provide 18 
[affordable] attainable housing pursuant to the agreement. 19 
 [7.] 8.  A governing body that has conveyed property pursuant 20 
to subsection [4] 5 shall: 21 
 (a) Prepare annually a list which includes a description of all 22 
property conveyed to a nonprofit organization pursuant to this 23 
section; and 24 
 (b) Include the list in the annual audit of the city which is 25 
conducted pursuant to NRS 354.624. 26 
 [8.] 9.  If, 5 years after the date of a conveyance pursuant to 27 
subsection [4,] 5, a nonprofit organization or its assignee has not 28 
commenced construction of [affordable] attainable housing, or 29 
entered into such contracts as are necessary to commence the 30 
construction of [affordable] attainable housing, the property that 31 
was conveyed automatically reverts to the city. 32 
 [9.] 10.  A governing body may subordinate the interest of the 33 
city in property conveyed pursuant to subsection [4] 5 to a first or 34 
subsequent holder of a mortgage on that property to the extent the 35 
governing body deems necessary to promote investment in the 36 
construction of [affordable] attainable housing. 37 
 [10.] 11.  As used in this section, unless the context otherwise 38 
requires: 39 
 (a) [“Affordable] “Attainable housing” has the meaning 40 
ascribed to it in NRS 278.0105. 41 
 (b) “Nonprofit organization” means an organization that is 42 
recognized as exempt pursuant to 26 U.S.C. § 501(c)(3). 43   
 	– 24 – 
 
 
- 	*AB540* 
 Sec. 26.  NRS 268.061 is hereby amended to read as follows: 1 
 268.061 1.  Except as otherwise provided in this [subsection] 2 
section and NRS 268.048 to 268.058, inclusive, 268.063, 268.064, 3 
278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, 4 
except as otherwise provided by federal law, except as otherwise 5 
required pursuant to a cooperative agreement entered into pursuant 6 
to NRS 277.050 or 277.053 or an interlocal agreement in existence 7 
on October 1, 2004, except if the governing body is entering into a 8 
joint development agreement for real property owned by the city to 9 
which the governing body is a party, except for a lease of residential 10 
property with a term of 1 year or less, except for the sale or lease of 11 
real property to a public utility, as defined in NRS 704.020, to be 12 
used for a public purpose and except for the sale or lease of real 13 
property larger than 1 acre which is approved by the voters at a 14 
primary or general election, primary or general city election or 15 
special election: 16 
 (a) If a governing body has determined by resolution that the 17 
sale or lease of any real property owned by the city will be in the 18 
best interest of the city, it may sell or lease the real property in  19 
the manner prescribed for the sale or lease of real property in  20 
NRS 268.062. 21 
 (b) Before the governing body may sell or lease any real 22 
property as provided in paragraph (a), it shall: 23 
  (1) Post copies of the resolution described in paragraph (a) in 24 
three public places in the city; and 25 
  (2) Cause to be published at least once a week for 3 26 
successive weeks, in a newspaper qualified under chapter 238 of 27 
NRS that is published in the county in which the real property is 28 
located, a notice setting forth: 29 
   (I) A description of the real property proposed to be sold 30 
or leased in such a manner as to identify it; 31 
   (II) The minimum price, if applicable, of the real property 32 
proposed to be sold or leased; and 33 
   (III) The places at which the resolution described in 34 
paragraph (a) has been posted pursuant to subparagraph (1), and any 35 
other places at which copies of that resolution may be obtained. 36 
 If no qualified newspaper is published within the county in which 37 
the real property is located, the required notice must be published in 38 
some qualified newspaper printed in the State of Nevada and having 39 
a general circulation within that county. 40 
 (c) If the governing body by its resolution finds additionally that 41 
the real property to be sold is worth more than $1,000, the 42 
governing body shall, as applicable, conduct an appraisal or 43 
appraisals pursuant to NRS 268.059 to determine the value of the 44   
 	– 25 – 
 
 
- 	*AB540* 
real property. Except for real property acquired pursuant to NRS 1 
371.047, the governing body shall not sell or lease it for less than: 2 
  (1) If two independent appraisals were obtained, the average 3 
of the appraisals of the real property. 4 
  (2) If only one independent appraisal was obtained, the 5 
appraised value of the real property.  6 
 (d) If the real property is appraised at $1,000 or more, the 7 
governing body may: 8 
  (1) Lease the real property; or  9 
  (2) Sell the real property for: 10 
   (I) Cash; or 11 
   (II) Not less than 25 percent cash down and upon deferred 12 
payments over a period of not more than 10 years, secured by a 13 
mortgage or deed of trust bearing such interest and upon such 14 
further terms as the governing body may specify. 15 
 (e) A governing body may sell or lease any real property owned 16 
by the city without complying with the provisions of this section 17 
and NRS 268.059 and 268.062 to: 18 
  (1) A person who owns real property located adjacent to the 19 
real property to be sold or leased if the governing body has 20 
determined by resolution that the sale or lease will be in the best 21 
interest of the city and the real property is a: 22 
   (I) Remnant that was separated from its original parcel 23 
due to the construction of a street, alley, avenue or other 24 
thoroughfare, or portion thereof, flood control facility or other 25 
public facility;  26 
   (II) Parcel that, as a result of its size, is too small to 27 
establish an economically viable use by anyone other than the 28 
person who owns real property adjacent to the real property offered 29 
for sale or lease; or 30 
   (III) Parcel which is subject to a deed restriction 31 
prohibiting the use of the real property by anyone other than the 32 
person who owns real property adjacent to the real property offered 33 
for sale or lease. 34 
  (2) The State or another governmental entity if: 35 
   (I) The sale or lease restricts the use of the real property 36 
to a public use; and 37 
   (II) The governing body adopts a resolution finding that 38 
the sale or lease will be in the best interest of the city. 39 
 (f) A governing body that disposes of real property pursuant to 40 
paragraph (e) is not required to offer to reconvey the real property to 41 
the person from whom the real property was received or acquired by 42 
donation or dedication. 43 
 (g) If real property that is offered for sale or lease pursuant to 44 
this section is not sold or leased at the initial offering of the contract 45   
 	– 26 – 
 
 
- 	*AB540* 
for the sale or lease of the real property, the governing body may 1 
offer the real property for sale or lease a second time pursuant to this 2 
section. The governing body must obtain a new appraisal or 3 
appraisals, as applicable, of the real property pursuant to the 4 
provisions of NRS 268.059 before offering the real property for sale 5 
or lease a second time if: 6 
  (1) There is a material change relating to the title, zoning or 7 
an ordinance governing the use of the real property; or 8 
  (2) The appraisal or appraisals, as applicable, were prepared 9 
more than 6 months before the date on which the real property is 10 
offered for sale or lease the second time.  11 
 (h) If real property that is offered for sale or lease pursuant to 12 
this section is not sold or leased at the second offering of the 13 
contract for the sale or lease of the real property, the governing body 14 
may list the real property for sale or lease at the appraised value or 15 
average of the appraised value if two or more appraisals were 16 
obtained, as applicable, with a licensed real estate broker, provided 17 
that the broker or a person related to the broker within the first 18 
degree of consanguinity or affinity does not have an interest in the 19 
real property or an adjoining property. If the appraisal or appraisals, 20 
as applicable, were prepared more than 6 months before the date on 21 
which the real property is listed with a licensed real estate broker, 22 
the governing body must obtain one new appraisal of the real 23 
property pursuant to the provisions of NRS 268.059 before listing 24 
the real property for sale or lease at the new appraised value.  25 
 2.  Before approving the sale or lease of real property owned 26 
by the city for the development of attainable housing, as defined in 27 
NRS 278.0105, in addition to complying with the provisions of 28 
subsection 1, the governing body shall evaluate the capacity and 29 
commitment of the developer to provide long-term benefits to the 30 
city in a manner that promotes transparency and does not 31 
interfere with equitable competition. The developer shall submit to 32 
the governing body: 33 
 (a) Information that sets forth: 34 
  (1) The number of employees of the developer or any 35 
affiliate of the developer who are residents of this State; and 36 
  (2) The number of households in this State who live in 37 
attainable housing units that are owned or managed by the 38 
developer or any affiliate of the developer; 39 
 (b) A description of any previous project for which the 40 
developer received federal low-income housing tax credits, as 41 
defined in NRS 360.863, with documentation of compliance with 42 
any federal requirements; and 43 
 (c) A description of any previous project where the developer 44 
has obtained additional federal low-income housing tax credits, as 45   
 	– 27 – 
 
 
- 	*AB540* 
defined in NRS 360.863, or alternative financing for the 1 
rehabilitation or resyndication of attainable housing. The 2 
description must include, without limitation, the name, location, 3 
number of units and cost per unit of the attainable housing.  4 
 3. If real property is sold or leased in violation of the 5 
provisions of this section: 6 
 (a) The sale or lease is void; and 7 
 (b) Any change to an ordinance or law governing the zoning or 8 
use of the real property is void if the change takes place within 5 9 
years after the date of the void sale or lease. 10 
 Sec. 27.  NRS 271.710 is hereby amended to read as follows: 11 
 271.710 1.  A governing body may adopt an ordinance 12 
pursuant to NRS 271.325 creating a district and ordering a project to 13 
be acquired or improved and may contract with a person to construct 14 
or improve a project, issue bonds or otherwise finance the cost of 15 
the project and levy assessments, without complying with the 16 
provisions of NRS 271.305 to 271.320, inclusive, 271.330 to 17 
271.345, inclusive, 271.380 and 271.385 and, except as otherwise 18 
provided in this section, the provisions of any law requiring public 19 
bidding or otherwise imposing requirements on any public contract, 20 
project, works or improvements, including, without limitation, 21 
chapters 332, 338 and 339 of NRS, if the governing body has 22 
entered into a written agreement with the owners of all of the 23 
assessable property within the district which states that: 24 
 (a) The governing body agrees to enter into a contract for the 25 
acquisition, construction or improvement of the project or projects 26 
in the district which includes: 27 
  (1) [A] Except as otherwise provided in subsection 5, a 28 
provision stating that the requirements of NRS 338.013 to 338.090, 29 
inclusive, apply to any construction work to be performed under the 30 
contract; and 31 
  (2) The price, stated as a lump sum or as unit prices, which 32 
the governing body agrees to pay for the project if the project meets 33 
all requirements and specifications in the contract. 34 
 (b) The owners of the assessable property agree that if the rate 35 
of interest on any assessment levied for the district is determined 36 
from time to time as provided in NRS 271.487, the owners will 37 
provide written notice to the governing body in a timely manner 38 
when a parcel of the assessable property in the district is sold to a 39 
person who intends to occupy a dwelling unit on the parcel as his or 40 
her residence. 41 
 (c) The owners of the assessable property agree that the 42 
governing body may create the district, levy the assessments and for 43 
all other purposes relating to the district proceed pursuant to the 44 
provisions of this section. 45   
 	– 28 – 
 
 
- 	*AB540* 
 2.  If an ordinance is adopted and the agreement entered into 1 
pursuant to subsection 1 so states: 2 
 (a) The governing body may amend the ordinance creating the 3 
district, change the assessment roll and redistribute the assessments 4 
required by NRS 271.390 in the same manner in which these actions 5 
were originally taken to add additional property to the district. The 6 
assessments may be redistributed between the assessable property 7 
originally in the district and the additional assessable property if: 8 
  (1) The owners of additional assessable property also consent 9 
in writing to inclusion of their property in the district and to the 10 
amount of the assessment against their property; and 11 
  (2) The redistribution of the assessments is not prohibited by 12 
any covenants made for the benefit of the owners of any bonds or 13 
interim warrants issued for the district. 14 
 (b) The governing body may amend the ordinance creating the 15 
district, change the assessment roll and redistribute the assessments 16 
required by NRS 271.390 in the same manner in which these actions 17 
were originally taken to remove assessable property from the 18 
district. The assessments may be redistributed among the assessable 19 
property remaining in the district if: 20 
  (1) The owners of the remaining assessable property consent 21 
in writing to the amount of the revised assessment on their property; 22 
and 23 
  (2) The redistribution of the assessments is not prohibited by 24 
any covenants made for the benefit of the owners of any bonds or 25 
interim warrants issued for the district. 26 
 (c) The governing body may adopt any ordinance pertaining to 27 
the district including the ordinance creating the district required by 28 
NRS 271.325, the ordinance authorizing interim warrants required 29 
by NRS 271.355, the ordinance levying assessments required by 30 
NRS 271.390, the ordinance authorizing bonds required by NRS 31 
271.475 or any ordinance amending those ordinances after a single 32 
reading and without holding a hearing thereon, as if an emergency 33 
exists, upon an affirmative vote of not less than two-thirds of all 34 
voting members of the governing body, excluding from any 35 
computation any vacancy on the governing body and any members 36 
thereon who may vote to break a tie vote, and provide that the 37 
ordinances become effective at the time an emergency ordinance 38 
would have become effective. The provisions of NRS 271.308 do 39 
not apply to any such ordinance. 40 
 (d) The governing body may provide for a reserve fund, letter of 41 
credit, surety bond or other collateral for payment of any interim 42 
warrants or bonds issued for the district and include all or any 43 
portion of the costs thereof in the amounts assessed against the 44 
property in the district and in the amount of bonds issued for the 45   
 	– 29 – 
 
 
- 	*AB540* 
district. The governing body may provide for the disposition of 1 
interest earned on the reserve fund and other bond proceeds, for the 2 
disposition of unexpended bond proceeds after completion of  3 
the project and for the disposition of the unexpended balance in the 4 
reserve fund after payment in full of the bonds for the district. 5 
 3.  If the governing body of a municipality forms a district 6 
pursuant to the provisions of this section, the governing body: 7 
 (a) Is not required to adopt the resolutions required pursuant to 8 
the provisions of NRS 271.280, 271.310, 271.360 and 271.390. 9 
 (b) Shall be deemed to have adopted the resolution required 10 
pursuant to the provisions of NRS 271.325 if the plans and 11 
specifications are sufficiently specific to allow a competent 12 
contractor with the assistance of a competent engineer to estimate 13 
the cost of constructing the project and to construct the project. 14 
 4.  [The] Except as otherwise provided in subsection 5, the 15 
governing body, the owners of the assessable property, any 16 
contractor who is awarded a contract or enters into an agreement to 17 
perform the construction work on a project pursuant to this section, 18 
and any subcontractor who performs any portion of the construction 19 
work on the project shall comply with the provisions of NRS 20 
338.013 to 338.090, inclusive, in the same manner as if the 21 
governing body had undertaken the project or had awarded the 22 
contract.  23 
 5. If more than 85 percent of the cost of the project is funded 24 
from assessments generated within the district, the requirements 25 
of NRS 338.013 to 338.090, inclusive, do not apply to any 26 
construction work to be performed under the contract. 27 
 Sec. 28.  Chapter 278 of NRS is hereby amended by adding 28 
thereto the provisions set forth as sections 29, 30 and 31 of this act. 29 
 Sec. 29.  1. “Tier four affordable housing” means housing 30 
for a household: 31 
 (a) Which has a total monthly gross income that is equal to 32 
more than 120 percent but not more than 150 percent of the 33 
median monthly gross household income for the county in which 34 
the housing is located; and 35 
 (b) Which costs not more than 30 percent of the total monthly 36 
gross household income of a household whose income equals 150 37 
percent of the median monthly gross household income for the 38 
county in which the housing is located, including the cost of 39 
utilities. 40 
 2.  For purposes of this section: 41 
 (a) Median monthly gross household income must be 42 
determined based upon the estimates of the United States 43 
Department of Housing and Urban Development of the most 44   
 	– 30 – 
 
 
- 	*AB540* 
current median gross family income for the county in which the 1 
housing is located; and 2 
 (b) The cost of housing for a household determined pursuant 3 
to paragraph (b) of subsection 1 may be offset by cost savings to 4 
the household of energy efficiency measures. 5 
 Sec. 30.  1. Each governing body of a county or city shall 6 
enact by ordinance: 7 
 (a) An expedited process for the consideration and approval of 8 
projects for attainable housing in the county or city, as applicable. 9 
Such expedited process must prioritize, to the extent practicable, 10 
the processing of projects for attainable housing in the county or 11 
city, as applicable, over all other projects and allow deviation from 12 
the current process for the consideration and approval of projects 13 
for attainable housing. Any such deviation includes, without 14 
limitation, authorizing the administrative approval for any 15 
applications relating to attainable housing projects by a person 16 
authorized by the governing body. 17 
 (b) Incentives for the development of projects for attainable 18 
housing in the county or city, as applicable, that encourage the 19 
use of the expedited process required pursuant to paragraph (a). 20 
 2. As used in this section, “attainable housing” has the 21 
meaning ascribed to it in NRS 278.0105. 22 
 Sec. 31.  1. Each reviewing agency shall adopt a process for 23 
the expedited review of and comment on a tentative map pursuant 24 
to NRS 278.330 to 278.3485, inclusive, that prioritizes the review 25 
of and comment on tentative maps that include attainable housing. 26 
 2. The expedited process adopted pursuant to subsection 1 27 
must, without limitation, comply with the applicable provisions of 28 
NRS 278.330 to 278.3485, inclusive. 29 
 3. If the reviewing agency is not able to use the expedited 30 
process adopted pursuant to subsection 1 for the expedited review 31 
of and comment on a tentative map, the reviewing agency must: 32 
 (a) Document the specific reasons why the use of the expedited 33 
process is not possible, including, without limitation, any 34 
deficiency with the tentative map; 35 
 (b) Notify the subdivider of the specific reasons documented 36 
pursuant to paragraph (a) and provide the subdivider with an 37 
estimated date on which the reviewing agency will complete its 38 
review of and comment on the tentative map; and 39 
 (c) Complete the review of and comment on a tentative map as 40 
soon as possible and not later than any deadline set forth in NRS 41 
278.330 to 278.3485, inclusive, for the reviewing agency to review 42 
and comment on a tentative map not subject to the expedited 43 
process. 44   
 	– 31 – 
 
 
- 	*AB540* 
 4. As used in this section, “reviewing agency” means any 1 
state agency, local government or quasi-governmental entity that 2 
is required to review tentative maps pursuant to NRS 278.330 to 3 
278.3485, inclusive. The term includes, without limitation: 4 
 (a) The Division of Water Resources of the State Department 5 
of Conservation and Natural Resources; 6 
 (b) The Division of Environmental Protection of the State 7 
Department of Conservation and Natural Resources; 8 
 (c) The Public Utilities Commission of Nevada and any utility, 9 
person or other entity that is regulated by the Commission; 10 
 (d) The Department of Wildlife; 11 
 (e) The Board of Wildlife Commissioners; 12 
 (f) A district board of health; 13 
 (g) A public water system; 14 
 (h) A planning commission; 15 
 (i) An irrigation district; 16 
 (j) The governing body of a county; 17 
 (k) The governing body of a city;  18 
 (l) The board of trustees of a school district; and 19 
 (m) The board of trustees of a general improvement district. 20 
 Sec. 32.  NRS 278.010 is hereby amended to read as follows: 21 
 278.010 As used in NRS 278.010 to 278.630, inclusive, and 22 
sections 29, 30 and 31 of this act, unless the context otherwise 23 
requires, the words and terms defined in NRS 278.0103 to 24 
278.0195, inclusive, and section 29 of this act have the meanings 25 
ascribed to them in those sections. 26 
 Sec. 33.  NRS 278.0105 is hereby amended to read as follows: 27 
 278.0105 [“Affordable] “Attainable housing” means tier one 28 
affordable housing, tier two affordable housing , [or] tier three 29 
affordable housing [.] or tier four affordable housing. 30 
 Sec. 34.  NRS 278.01902 is hereby amended to read as 31 
follows: 32 
 278.01902 1.  “Tier one affordable housing” means housing 33 
for a household: 34 
 (a) Which has a total monthly gross income that is equal to not 35 
more than 60 percent of the median monthly gross household 36 
income for the county in which the housing is located; and 37 
 (b) Which costs not more than 30 percent of the total monthly 38 
gross household income of a household whose income equals 60 39 
percent of the median monthly gross household income for the 40 
county in which the housing is located, including the cost of 41 
utilities. 42 
 2.  For purposes of this section [, median] : 43 
 (a) Median gross household income must be determined based 44 
upon the estimates of the United States Department of Housing and 45   
 	– 32 – 
 
 
- 	*AB540* 
Urban Development of the most current median gross family 1 
income for the county in which the housing is located [.] ; and 2 
 (b) The costs of housing for a household determined pursuant 3 
to paragraph (b) of subsection 1 may be offset by the cost savings 4 
to the household of energy efficiency measures. 5 
 Sec. 35.  NRS 278.01904 is hereby amended to read as 6 
follows: 7 
 278.01904 1.  “Tier three affordable housing” means housing 8 
for a household: 9 
 (a) Which has a total monthly gross income that is equal to more 10 
than 80 percent but not more than 120 percent of the median 11 
monthly gross household income for the county in which the 12 
housing is located; and 13 
 (b) Which costs not more than 30 percent of the total monthly 14 
gross household income of a household whose income equals 120 15 
percent of the median monthly gross household income for the 16 
county in which the housing is located, including the cost of 17 
utilities. 18 
 2.  For purposes of this section [, median] : 19 
 (a) Median gross household income must be determined based 20 
upon the estimates of the United States Department of Housing and 21 
Urban Development of the most current median gross family 22 
income for the county in which the housing is located [.] ; and 23 
 (b) The costs of housing for a household determined pursuant 24 
to paragraph (b) of subsection 1 may be offset by the cost savings 25 
to the household of energy efficiency measures. 26 
 Sec. 36.  NRS 278.01906 is hereby amended to read as 27 
follows: 28 
 278.01906 1.  “Tier two affordable housing” means housing 29 
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] : 40 
 (a) Median gross household income must be determined based 41 
upon the estimates of the United States Department of Housing and 42 
Urban Development of the most current median gross family 43 
income for the county in which the housing is located [.] ; and 44   
 	– 33 – 
 
 
- 	*AB540* 
 (b) The costs of housing for a household determined pursuant 1 
to paragraph (b) of subsection 1 may be offset by the cost savings 2 
to the household of energy efficiency measures. 3 
 Sec. 37.  NRS 278.235 is hereby amended to read as follows: 4 
 278.235 1.  If the governing body of a city or county is 5 
required to include the housing element in its master plan pursuant 6 
to NRS 278.150, the governing body, in carrying out the plan for 7 
maintaining and developing [affordable] attainable housing to meet 8 
the housing needs of the community, which is required to be 9 
included in the housing element pursuant to subparagraph (8) of 10 
paragraph (c) of subsection 1 of NRS 278.160, shall adopt at least 11 
six of the following measures: 12 
 (a) Reducing , [or] subsidizing or reimbursing, in whole or in 13 
part impact fees, fees for the issuance of building permits collected 14 
pursuant to NRS 278.580 and fees imposed for the purpose for 15 
which an enterprise fund was created. 16 
 (b) Selling land owned by the city or county, as applicable, to 17 
developers exclusively for the development of [affordable] 18 
attainable housing at not more than 10 percent of the appraised 19 
value of the land, and requiring that any such savings, subsidy or 20 
reduction in price be passed on to the purchaser of housing in such a 21 
development. Nothing in this paragraph authorizes a city or county 22 
to obtain land pursuant to the power of eminent domain for the 23 
purposes set forth in this paragraph. 24 
 (c) Donating land owned by the city or county to a nonprofit 25 
organization to be used for [affordable] attainable housing. 26 
 (d) Leasing land by the city or county to be used for [affordable] 27 
attainable housing. 28 
 (e) Requesting to purchase land owned by the Federal 29 
Government at a discounted price for the creation of [affordable] 30 
attainable housing pursuant to the provisions of section 7(b) of the 31 
Southern Nevada Public Land Management Act of 1998, Public 32 
Law 105-263. 33 
 (f) Establishing a trust fund for [affordable] attainable housing 34 
that must be used for the acquisition, construction or rehabilitation 35 
of [affordable] attainable housing. 36 
 (g) Establishing a process that expedites the approval of plans 37 
and specifications relating to maintaining and developing 38 
[affordable] attainable housing. 39 
 (h) Providing money, support or density bonuses for 40 
[affordable] attainable housing developments that are financed, 41 
wholly or in part, with low-income housing tax credits, private 42 
activity bonds or money from a governmental entity for [affordable] 43 
attainable housing, including, without limitation, money received 44 
pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013. 45   
 	– 34 – 
 
 
- 	*AB540* 
 (i) Providing financial incentives or density bonuses to promote 1 
appropriate transit-oriented or multi-story housing developments 2 
that would include an [affordable] attainable housing component. 3 
 (j) Offering density bonuses or other incentives to encourage the 4 
development of [affordable] attainable housing. 5 
 (k) Providing direct financial assistance to qualified applicants 6 
for the purchase or rental of [affordable] attainable housing. 7 
 (l) Providing money for supportive services necessary to enable 8 
persons with supportive housing needs to reside in [affordable] 9 
attainable housing in accordance with a need for supportive housing 10 
identified in the 5-year consolidated plan adopted by the United 11 
States Department of Housing and Urban Development for the city 12 
or county pursuant to 42 U.S.C. § 12705 and described in 24 C.F.R. 13 
Part 91. 14 
 2.  A governing body may reduce , [or] subsidize or reimburse 15 
impact fees, fees for the issuance of building permits or fees 16 
imposed for the purpose for which an enterprise fund was created to 17 
assist in maintaining or developing a project for [affordable] 18 
attainable housing, pursuant to paragraph (a) of subsection 1, only 19 
if: 20 
 (a) [When the incomes of all the residents of the project for 21 
affordable housing are averaged, the housing would be affordable 22 
on average for a family with a total gross income that does not 23 
exceed 60 percent of the median gross income for the county 24 
concerned based upon the estimates of the United States Department 25 
of Housing and Urban Development of the most current median 26 
gross family income for the county. 27 
 (b) The governing body has adopted an ordinance that 28 
establishes the criteria that a project for affordable housing must 29 
satisfy to receive assistance in maintaining or developing the project 30 
for affordable housing. Such criteria must be designed to put into 31 
effect all relevant elements of the master plan adopted by the 32 
governing body pursuant to NRS 278.150.  33 
 (c) The project for affordable housing satisfies the criteria set 34 
forth in the ordinance adopted pursuant to paragraph (b). 35 
 (d)] The governing body makes a determination that reducing , 36 
[or] subsidizing or reimbursing such fees will not impair adversely 37 
the ability of the governing body to pay, when due, all interest and 38 
principal on any outstanding bonds or any other obligations for 39 
which revenue from such fees was pledged.  40 
 [(e)] (b) The governing body holds a public hearing concerning 41 
the effect of the reduction , [or] subsidization or reimbursement of 42 
such fees on the economic viability of the general fund of the city or 43 
county, as applicable, and, if applicable, the economic viability of 44 
any affected enterprise fund. 45   
 	– 35 – 
 
 
- 	*AB540* 
 3. On or before July 15 of each year, the governing body shall 1 
submit to the Housing Division of the Department of Business and 2 
Industry a report, in the form prescribed by the Housing Division, of 3 
how the measures adopted pursuant to subsection 1 assisted the city 4 
or county in maintaining and developing [affordable] attainable 5 
housing to meet the needs of the community for the preceding year. 6 
The report must include an analysis of the need for [affordable] 7 
attainable housing within the city or county that exists at the end of 8 
the reporting period. The governing body shall cooperate with the 9 
Housing Division to ensure that the information contained in the 10 
report is appropriate for inclusion in, and can be effectively 11 
incorporated into, the statewide low-income housing database 12 
created pursuant to NRS 319.143. 13 
 4.  On or before August 15 of each year, the Housing Division 14 
shall compile the reports submitted pursuant to subsection 3 and 15 
post the compilation on the Internet website of the Housing 16 
Division. 17 
 Sec. 38.  Chapter 624 of NRS is hereby amended by adding 18 
thereto the provisions set forth as sections 39 and 40 of this act. 19 
 Sec. 39.  1. The Board shall issue a contractor’s license by 20 
endorsement to an applicant who: 21 
 (a) Submits to the Board proof of employment in a rural area, 22 
a business presence in a rural area or a contractual agreement to 23 
perform work in a rural area for which a contractor’s license is 24 
required; 25 
 (b) Holds a valid and unrestricted contractor’s license in the 26 
District of Columbia or any state or territory of the United States 27 
and the Board determines that the qualifications for that 28 
contractor’s license are substantially similar to the requirements 29 
for the issuance of a contractor’s license in this State; 30 
 (c) Has held the contractor’s license described in paragraph 31 
(a) for at least 4 consecutive years;  32 
 (d) Has not been disciplined by the corresponding regulatory 33 
authority of the District of Columbia or any state or territory of the 34 
United States in which the applicant currently holds or has held a 35 
contractor’s license; 36 
 (e) Does not have pending any disciplinary action concerning 37 
his or her contractor’s license in the District of Columbia or any 38 
state or territory of the United States; 39 
 (f) Submits to the Board a complete set of his or her 40 
fingerprints and written permission authorizing the regulatory 41 
body to forward the fingerprints to the Central Repository for 42 
Nevada Records of Criminal History for submission to the Federal 43 
Bureau of Investigation for its report or proof that the applicant 44   
 	– 36 – 
 
 
- 	*AB540* 
has previously passed a comparable criminal background check; 1 
and 2 
 (g) Submits to the Board the statement required by  3 
NRS 425.520. 4 
 2. The Board shall approve or deny an application for a 5 
contractor’s license by endorsement submitted pursuant to this 6 
section not more than 60 days after the receipt of a completed 7 
application, including, without limitation, evidence that the 8 
applicant meets the requirements set forth in subsection 1. 9 
 3. Before issuing a contractor’s license pursuant to this 10 
section, the Board shall require that the applicant comply with the 11 
requirements set forth in NRS 624.256 and 624.270. 12 
 4. A person who obtains a contractor’s license by 13 
endorsement pursuant to this section shall not perform any work 14 
that is not in a rural area of this State unless the person obtains a 15 
contractor’s license in this State. 16 
 5. A contractor’s license by endorsement issued pursuant to 17 
this section expires on December 31, 2029. 18 
 6. The Board shall adopt any regulation necessary to carry 19 
out the provisions of this section.  20 
 7. As used in this section, “rural area” means: 21 
 (a) Any county whose population is less than 100,000; 22 
 (b) Any city in a county whose population is less than 100,000; 23 
or 24 
 (c) Any city whose population is less than 60,000 in a county 25 
whose population is 100,000 or more. 26 
 Sec. 40.  1. Notwithstanding any provision of law to the 27 
contrary, if the Director of the Department of Business and 28 
Industry determines that there is a shortage of skilled labor or 29 
licensed contractors in a rural area of this State that is adversely 30 
impacting the availability of attainable housing for essential 31 
workers who are employed in the rural area, the Director may 32 
issue a declaration of such shortage. No declaration of shortage 33 
may be in effect for more than 3 years. 34 
 2. Upon the issuance of a declaration pursuant to subsection 35 
1, the Board shall implement a process to issue provisional 36 
contractors’ licenses to any applicant who: 37 
 (a) Submits to the Board proof of employment in a rural area, 38 
a business presence in a rural area or a contractual agreement to 39 
perform work relating to attainable housing in a rural area for 40 
which a contractor’s license is required; 41 
 (b) Successfully passes an examination prescribed by the 42 
Board relating to Nevada-specific construction standards or 43 
otherwise demonstrates knowledge and experience of Nevada-44 
specific construction standards; 45   
 	– 37 – 
 
 
- 	*AB540* 
 (c) Holds a valid and unrestricted contractor’s license in the 1 
District of Columbia or any state or territory of the United States 2 
and the Board determines that the qualifications for that 3 
contractor’s license are substantially similar to the requirements 4 
for the issuance of a contractor’s license in this State; 5 
 (d) Has held the contractor’s license described in paragraph 6 
(a) for at least 3 consecutive years;  7 
 (e) Has not been disciplined by the corresponding regulatory 8 
authority of the District of Columbia or any state or territory of the 9 
United States in which the applicant currently holds or has held a 10 
contractor’s license; 11 
 (f) Does not have pending any disciplinary action concerning 12 
his or her contractor’s license in the District of Columbia or any 13 
state or territory of the United States; 14 
 (g) Submits to the Board a complete set of his or her 15 
fingerprints and written permission authorizing the regulatory 16 
body to forward the fingerprints to the Central Repository for 17 
Nevada Records of Criminal History for submission to the Federal 18 
Bureau of Investigation for its report or proof that the applicant 19 
has previously passed a comparable criminal background check; 20 
and 21 
 (h) Submits to the Board the statement required by  22 
NRS 425.520. 23 
 3. The Board shall not charge any fee in connection with a 24 
license issued pursuant to this section. 25 
 4. The Board shall approve or deny an application for a 26 
provisional contractor’s license submitted pursuant to this section 27 
not more than 60 days after the receipt of a completed application, 28 
including, without limitation, evidence that the applicant meets the 29 
requirements set forth in subsection 2. 30 
 5. Before issuing a contractor’s license pursuant to this 31 
section, the Board shall require that the applicant complies with 32 
the requirements set forth in NRS 624.256 and 624.270. 33 
 6. A person who obtains a provisional contractor’s license 34 
pursuant to this section: 35 
 (a) May only perform work relating to attainable housing in 36 
an area of the State described in the declaration issued by the 37 
Director of the Department of Business and Industry pursuant to 38 
subsection 1; and 39 
 (b) Shall not perform in any area of the State other work for 40 
which a contractor’s license is required in this State. 41 
 7. A provisional contractor’s license issued pursuant to this 42 
section expires 3 years after the date of issuance.  43 
 8. The Board shall adopt any regulation necessary to carry 44 
out the provisions of this section.  45   
 	– 38 – 
 
 
- 	*AB540* 
 9. As used in this section: 1 
 (a) “Attainable housing” has the meaning ascribed to it in 2 
NRS 278.0105. 3 
 (b) “Essential worker” has the meaning ascribed to it in 4 
section 7 of this act.  5 
 (c) “Rural area” means: 6 
  (1) Any county whose population is less than 100,000; 7 
  (2) Any city in a county whose population is less than 8 
100,000; or 9 
  (3) Any city whose population is less than 60,000 in a 10 
county whose population is 100,000 or more. 11 
 Sec. 41.  NRS 624.240 is hereby amended to read as follows: 12 
 624.240 1.  [Under] Except as otherwise provided in section 13 
39 or 40 of this act, under reasonable regulations adopted by the 14 
Board, the Board may investigate, classify and qualify applicants for 15 
contractors’ licenses by written or oral examinations, or both, and 16 
may issue contractors’ licenses to qualified applicants. The 17 
examinations may, in the discretion of the Board, be given in 18 
specific classifications only. 19 
 2.  If a natural person passes the technical examination given by 20 
the Board on or after July 1, 1985, to qualify for a classification 21 
established pursuant to this chapter, demonstrates to the Board the 22 
degree of experience and knowledge required in the regulations of 23 
the Board, and is granted a license, the person is qualified for a 24 
master’s license, if issued by any political subdivision, in the 25 
classification for which the examination was given, if the 26 
examination required the person to demonstrate his or her 27 
knowledge and ability to: 28 
 (a) Utilize and understand; 29 
 (b) Direct and supervise work in compliance with; and 30 
 (c) Perform and apply any calculations required to ensure that 31 
work performed is in compliance with, 32 
 the applicable codes, standards and regulations. 33 
 3.  If a natural person qualified for a license before July 1, 1985, 34 
in accordance with NRS 624.260 in a trade for which a master’s 35 
license is required by any political subdivision, and if the license is 36 
active on or after July 1, 1985, and if the person so qualified wishes 37 
to obtain a master’s license, the person must pass either the 38 
appropriate examination given by the Board on or after July 1, 1985, 39 
in accordance with NRS 624.260 and the regulations of the Board, 40 
or the examination given by the political subdivision in the trade for 41 
which a master’s license is required. 42 
 Sec. 42.  NRS 624.250 is hereby amended to read as follows: 43 
 624.250 1.  To obtain or renew a license, an applicant must 44 
submit to the Board an application in writing containing: 45   
 	– 39 – 
 
 
- 	*AB540* 
 (a) The statement that the applicant desires the issuance of a 1 
license under the terms of this chapter. 2 
 (b) The street address or other physical location of the 3 
applicant’s place of business. 4 
 (c) The name of a person physically located in this State for 5 
service of process on the applicant. 6 
 (d) The street address or other physical location in this State 7 
and, if different, the mailing address, for service of process on the 8 
applicant. 9 
 (e) Except as otherwise provided in paragraph (f) or (g), the 10 
names and physical and mailing addresses of any owners, partners, 11 
officers, directors, members and managerial personnel of the 12 
applicant. 13 
 (f) If the applicant is a corporation, the names and physical and 14 
mailing addresses of the president, secretary, treasurer, any officers 15 
responsible for contracting activities in this State, any officers 16 
responsible for renewing the license of the applicant, any persons 17 
used by the applicant to qualify pursuant to NRS 624.260 and any 18 
other persons required by the Board.  19 
 (g) If the applicant is a limited-liability company, the names and 20 
physical and mailing addresses of any managers or members with 21 
managing authority, any managers or members responsible for 22 
contracting activities in this State, any managers or members 23 
responsible for renewing the license of the applicant, any persons 24 
used by the applicant to qualify pursuant to NRS 624.260 and any 25 
other persons required by the Board.  26 
 (h) Any information requested by the Board to ascertain the 27 
background, financial responsibility, experience, knowledge and 28 
qualifications of the applicant. 29 
 (i) All information required to complete the application. 30 
 2.  The application must be: 31 
 (a) Made on a form prescribed by the Board in accordance with 32 
the rules and regulations adopted by the Board. 33 
 (b) [Accompanied] Except as otherwise provided in this 34 
paragraph, accompanied by the application fee fixed by this 35 
chapter. If the Director of the Department of Business and 36 
Industry issues a declaration of shortage pursuant to section 40 of 37 
this act, the Board shall not charge any application fee in 38 
connection with obtaining or renewing any contractor’s license in 39 
a rural area until the declaration of shortage is no longer in effect. 40 
 3.  The Board shall include on an application form for the 41 
issuance or renewal of a license, a method for allowing an applicant 42 
to make a monetary contribution to the Construction Education 43 
Account created pursuant to NRS 624.580. The application form 44 
must state in a clear and conspicuous manner that a contribution to 45   
 	– 40 – 
 
 
- 	*AB540* 
the Construction Education Account is voluntary and is in addition 1 
to any fees required for licensure. If the Board receives a 2 
contribution from an applicant, the Board shall deposit the 3 
contribution with the State Treasurer for credit to the Construction 4 
Education Account. 5 
 4.  [Before] Except as otherwise provided in this subsection, 6 
before issuing a license to any applicant, the Board shall require the 7 
applicant to pay the license fee fixed by this chapter and, if 8 
applicable, any assessment required pursuant to NRS 624.470. If the 9 
Director of the Department of Business and Industry issues a 10 
declaration of shortage pursuant to section 40 of this act, the 11 
Board shall not charge any license fee to an applicant in a rural 12 
area until the declaration of shortage is no longer in effect. 13 
 5. As used in this section, “rural area” has the meaning 14 
ascribed to it in section 40 of this act. 15 
 Sec. 43.  NRS 624.253 is hereby amended to read as follows: 16 
 624.253 1.  A licensee may make application for 17 
classification and be classified in one or more classifications if the 18 
licensee meets the qualifications prescribed by the Board for such 19 
additional classification or classifications. 20 
 2.  [An] Except as otherwise provided in this subsection, an 21 
additional application and license fee may be charged for qualifying 22 
or classifying a licensee in additional classifications. If the Director 23 
of the Department of Business and Industry issues a declaration of 24 
shortage pursuant to section 40 of this act, the Board shall not 25 
charge any additional application and license fee for qualifying or 26 
classifying a licensee in additional classifications in a rural area 27 
until the declaration of shortage is no longer in effect. 28 
 3. As used in this section, “rural area” has the meaning 29 
ascribed to it in section 40 of this act. 30 
 Sec. 44.  NRS 624.265 is hereby amended to read as follows: 31 
 624.265 1.  An applicant for a contractor’s license or a 32 
licensed contractor, each officer, director, partner and associate 33 
thereof, and any person who qualifies on behalf of the applicant 34 
pursuant to subsection 2 of NRS 624.260 must possess good 35 
character. Lack of character may be established by showing that the 36 
applicant or licensed contractor, any officer, director, partner or 37 
associate thereof, or any person who qualifies on behalf of the 38 
applicant has: 39 
 (a) Committed any act which would be grounds for the denial, 40 
suspension or revocation of a contractor’s license; 41 
 (b) A bad reputation for honesty and integrity; 42 
 (c) Entered a plea of guilty, guilty but mentally ill or nolo 43 
contendere to, been found guilty or guilty but mentally ill of, or 44 
been convicted, in this State or any other jurisdiction, of a crime 45   
 	– 41 – 
 
 
- 	*AB540* 
arising out of, in connection with or related to the activities of such 1 
person in such a manner as to demonstrate his or her unfitness to act 2 
as a contractor, and the time for appeal has elapsed or the judgment 3 
of conviction has been affirmed on appeal; or 4 
 (d) Had a license revoked or suspended for reasons that would 5 
preclude the granting or renewal of a license for which the 6 
application has been made. 7 
 2.  Upon the request of the Board, an applicant for a 8 
contractor’s license, any officer, director, partner or associate of the 9 
applicant and any person who qualifies on behalf of the applicant 10 
pursuant to subsection 2 of NRS 624.260 must submit to the Board 11 
completed fingerprint cards and a form authorizing an investigation 12 
of the applicant’s background and the submission of the fingerprints 13 
to the Central Repository for Nevada Records of Criminal History 14 
and the Federal Bureau of Investigation. The fingerprint cards and 15 
authorization form submitted must be those that are provided to the 16 
applicant by the Board. The applicant’s fingerprints may be taken by 17 
an agent of the Board or an agency of law enforcement. 18 
 3.  Except as otherwise provided in NRS 239.0115, the Board 19 
shall keep the results of the investigation confidential and not 20 
subject to inspection by the general public. 21 
 4.  The Board shall establish by regulation the fee for 22 
processing the fingerprints to be paid by the applicant. [The] Except 23 
as otherwise provided in this subsection, the fee must not exceed 24 
the sum of the amounts charged by the Central Repository for 25 
Nevada Records of Criminal History and the Federal Bureau of 26 
Investigation for processing the fingerprints. If the Director of the 27 
Department of Business and Industry issues a declaration of 28 
shortage pursuant to section 40 of this act, the Board shall not 29 
charge a fee for processing the fingerprints of an applicant for a 30 
contractor’s license in a rural area or any officer, director, partner 31 
or associate of the applicant or any person who qualifies on behalf 32 
of the applicant until the declaration of shortage is no longer in 33 
effect. 34 
 5.  The Board may obtain records of a law enforcement agency 35 
or any other agency that maintains records of criminal history, 36 
including, without limitation, records of: 37 
 (a) Arrests; 38 
 (b) Guilty and guilty but mentally ill pleas; 39 
 (c) Sentencing; 40 
 (d) Probation; 41 
 (e) Parole; 42 
 (f) Bail; 43 
 (g) Complaints; and 44 
 (h) Final dispositions, 45   
 	– 42 – 
 
 
- 	*AB540* 
 for the investigation of a licensee or an applicant for a 1 
contractor’s license. 2 
 6. As used in this section, “rural area” has the meaning 3 
ascribed to it in section 40 of this act. 4 
 Sec. 45.  NRS 624.281 is hereby amended to read as follows: 5 
 624.281 1.  [If] Except as otherwise provided in this section, 6 
if an applicant wishes to have a license issued in an expedited 7 
manner, the applicant must pay a fee for an application equal to two 8 
times the amount of the fee regularly paid for an application 9 
pursuant to subsection 1 of NRS 624.280. 10 
 2.  [The] Except as otherwise provided in this section, the 11 
applicant must pay one-half of the fee required pursuant to 12 
subsection 1 when submitting the application and the other one-half 13 
of the fee when the Board issues the license. 14 
 3.  [In] Except as otherwise provided in this section, in 15 
addition to the fee required pursuant to subsection 1, the applicant 16 
shall reimburse the Board for the actual costs and expenses incurred 17 
by the Board in processing the application. 18 
 4.  If the Director of the Department of Business and Industry 19 
issues a declaration of shortage pursuant to section 40 of this act, 20 
the Board shall not charge an applicant in a rural area any fee 21 
pursuant to subsection 1 or for the costs and expenses incurred by 22 
the Board, as described in subsection 3, in processing the 23 
application until the declaration of shortage is no longer in effect. 24 
 5. The Board shall adopt regulations prescribing the procedures 25 
for making an application pursuant to this section. 26 
 6. As used in this section, “rural area” has the meaning 27 
ascribed to it in section 40 of this act. 28 
 Sec. 46.  NRS 624.283 is hereby amended to read as follows: 29 
 624.283 1.  [Each] Except as otherwise provided in sections 30 
39 and 40 of this act, each license issued under the provisions of 31 
this chapter expires 2 years after the date on which it is issued, 32 
except that the Board may by regulation prescribe shorter or longer 33 
periods and prorated fees to establish a system of staggered biennial 34 
renewals. Any license which is not renewed on or before the date for 35 
renewal is automatically suspended. 36 
 2.  Except as otherwise provided in subsection 5, a license may 37 
be renewed by submitting to the Board: 38 
 (a) An application for renewal; 39 
 (b) [The] Except as otherwise provided in subsection 7, the fee 40 
for renewal fixed by the Board; 41 
 (c) Any assessment required pursuant to NRS 624.470 if the 42 
holder of the license is a residential contractor as defined in NRS 43 
624.450; and 44 
 (d) All information required to complete the renewal. 45   
 	– 43 – 
 
 
- 	*AB540* 
 3.  The Board may require a licensee to demonstrate financial 1 
responsibility at any time through the submission of: 2 
 (a) A financial statement that is: 3 
  (1) Prepared by an independent certified public accountant; 4 
or 5 
  (2) Submitted on a form or in a format prescribed by the 6 
Board together with an affidavit which verifies the accuracy of the 7 
financial statement; and 8 
 (b) If the licensee performs residential construction, such 9 
additional documentation as the Board deems appropriate. 10 
 4.  Except as otherwise provided in subsection 5, if a license is 11 
automatically suspended pursuant to subsection 1, the licensee may 12 
have the license reinstated upon filing an application for renewal 13 
within 6 months after the date of suspension and paying, in addition 14 
to the fee for renewal, a fee for reinstatement fixed by the Board, if 15 
the licensee is otherwise in good standing and there are no 16 
complaints pending against the licensee. If the licensee is otherwise 17 
not in good standing or there is a complaint pending, the Board shall 18 
require the licensee to provide a current financial statement prepared 19 
by an independent certified public accountant or establish other 20 
conditions for reinstatement. An application for renewal must be 21 
accompanied by all information required to complete the renewal. A 22 
license which is not reinstated within 6 months after it is 23 
automatically suspended may be cancelled by the Board, and a new 24 
license may be issued only upon application for an original 25 
contractor’s license. 26 
 5.  If a license is automatically suspended pursuant to 27 
subsection 1 while the licensee was on active duty as a member of 28 
the Armed Forces of the United States, a reserve component thereof 29 
or the National Guard, the licensee may submit an application to the 30 
Board requesting the reinstatement of his or her license without the 31 
imposition of any penalty, punishment or disciplinary action 32 
authorized by the provisions of this chapter. The Board may 33 
reinstate the license if: 34 
 (a) The application for reinstatement is submitted while the 35 
licensee is serving in the Armed Forces of the United States, a 36 
reserve component thereof or the National Guard; and 37 
 (b) Except as otherwise provided in subsection 6, the application 38 
for reinstatement is accompanied by an affidavit setting forth the 39 
dates of service of the licensee and the fee for renewal fixed by the 40 
Board pursuant to subsection 2. 41 
 6.  The Board may waive the fee for renewal of a license for a 42 
licensee specified in subsection 5 if: 43   
 	– 44 – 
 
 
- 	*AB540* 
 (a) The license was valid at the time the licensee was called to 1 
active duty in the Armed Forces of the United States, a reserve 2 
component thereof or the National Guard; and 3 
 (b) The licensee provides written documentation satisfactory to 4 
the Board substantiating his or her claim of service on active duty in 5 
the Armed Forces of the United States, a reserve component thereof 6 
or the National Guard. 7 
 7. If the Director of the Department of Business and Industry 8 
issues a declaration of shortage pursuant to section 40 of this act, 9 
the Board shall not charge an applicant for renewal in a rural 10 
area or an applicant for reinstatement in a rural area whose 11 
license was automatically suspended pursuant to subsection 1 any 12 
fee for renewal or reinstatement until the declaration of shortage 13 
is no longer in effect. 14 
 8. As used in this section, “rural area” has the meaning 15 
ascribed to it in section 40 of this act. 16 
 Sec. 47.  Section 9 of this act is hereby amended to read as 17 
follows: 18 
 Sec. 9. 1. The Nevada Attainable Housing Account is 19 
hereby created in the State General Fund. All money that is 20 
collected for the use of the Account from any source must be 21 
deposited in the Account. 22 
 2. The money in the Nevada Attainable Housing 23 
Account must be used for the purposes described in section 24 
10 of this act.  25 
 3. The Nevada Attainable Housing Account must be 26 
administered by the Division. The Division may apply for and 27 
accept any gift, grant, donation, bequest or other source of 28 
money for deposit in the Account. 29 
 4. The interest and income earned on money in the 30 
Nevada Attainable Housing Account, after deducting any 31 
applicable charges, must be credited to the Account.  32 
 5. [Any] Except as otherwise provided in subsection 6, 33 
any money remaining in the Account at the end of the fiscal 34 
year must remain in the Account and does not revert to the 35 
State General Fund, and the balance in the Account must be 36 
carried forward to the next fiscal year. 37 
 6.  At the end of each fiscal year, any money in the 38 
Account that exceeds $200,000,000 must be transferred to 39 
the State General Fund. 40 
 Sec. 48.  1. The State Contractors’ Board shall adopt any 41 
regulation necessary to carry out the provisions of section 39 of this 42 
act before January 1, 2026. 43 
 2. On or before December 31, 2028, the Board shall submit a 44 
report to the Governor and the Director of the Legislative Counsel 45   
 	– 45 – 
 
 
- 	*AB540* 
Bureau for transmittal to the 85th Session of the Legislature that, 1 
without limitation: 2 
 (a) Evaluates the impact in rural areas on workforce mobility, 3 
local businesses and economic development that can be attributed to 4 
the issuance of contractor’s licenses by endorsement pursuant to 5 
section 39 of this act; and 6 
 (b) Provides recommendations relating to whether the 7 
requirement for the Board to issue contractor’s licenses by 8 
endorsement pursuant to section 39 of this act should be continued, 9 
modified or terminated. 10 
 Sec. 49.  1. The State Contractors’ Board shall adopt any 11 
regulation necessary to carry out the provisions of section 40 of this 12 
act before January 1, 2026. 13 
 2. On or before December 31, 2028, the Board shall submit a 14 
report to the Governor and the Director of the Legislative Counsel 15 
Bureau for transmittal to the 85th Session of the Legislature that, 16 
without limitation: 17 
 (a) Evaluates the impact in rural areas on attainable housing, 18 
local businesses and economic development that can be attributed to 19 
the issuance of contractor’s licenses by endorsement pursuant to 20 
section 40 of this act; and 21 
 (b) Provides recommendations relating to whether the 22 
requirement for the Board to issue provisional contractor’s licenses 23 
pursuant to section 40 of this act should be continued, modified or 24 
terminated. 25 
 Sec. 50.  There is hereby appropriated from the State General 26 
Fund to the Nevada Attainable Housing Account created pursuant to 27 
section 9 of this act the sum of $200,000,000. 28 
 Sec. 51.  The provisions of NRS 218D.380 do not apply to any 29 
provision of this act which adds or revises a requirement to submit a 30 
report to the Legislature. 31 
 Sec. 52.  The provisions of NRS 354.599 do not apply to any 32 
additional expenses of a local government that are related to the 33 
provisions of this act. 34 
 Sec. 53.  1. This section and sections 51 and 52 of this act 35 
become effective upon passage and approval. 36 
 2. Sections 1 to 46, inclusive, 48 and 49 of this act become 37 
effective: 38 
 (a) Upon passage and approval for the purpose of adopting any 39 
regulations and performing any other preparatory administrative 40 
tasks that are necessary to carry out the provisions of this act; and 41 
 (b) On July 1, 2025, for all other purposes. 42 
 3. Section 50 of this act becomes effective on July 1, 2025. 43 
 4. Sections 39 to 46, inclusive, of this act expire by limitation 44 
on December 31, 2029. 45   
 	– 46 – 
 
 
- 	*AB540* 
 5. Section 47 of this act becomes effective on January 1, 2030. 1 
 
H