Existing law requires the governing body of certain cities and counties to adopt at least 6 of 12 specified measures in implementing a plan for maintaining and developing affordable housing, which may include a measure to reduce or subsidize impact fees, fees for the issuance of building permits and fees imposed for the purpose for which an enterprise fund was created to assist in maintaining or developing a project for affordable housing. The use of this measure is subject to certain requirements, including that, when the incomes of all residents of the project are averaged, the housing would be affordable on average for a family with a total gross income that does not exceed 60 percent of the median gross income for the county based upon certain estimates of the most current median gross family income for the county. (NRS 278.235) Section 1 of this bill increases this threshold from 60 percent to 120 percent. Existing law authorizes the governing body of a municipality to designate a tax increment area for the purpose of creating a special account for the payment of bonds or other securities to defray the cost of certain undertakings, which is defined to include various projects based on the mechanism used to create the tax increment area, including a drainage and flood control project, an overpass project, a sewerage project, a street project, an underpass project, a water project, a natural resources project or a rail project. The designation of a tax increment area provides for the allocation of a portion of the taxes levied upon taxable property in the tax increment area each year to pay the bond requirements of loans, money advanced to or indebtedness incurred by the municipality to finance or refinance the undertaking. (NRS 278C.140, 278C.150, 278C.250) Section 13 of this bill revises the definition of undertaking to include: (1) an affordable housing project; (2) a fixed guideway project; (3) a high-capacity transit project; (4) a multi-family housing project; (5) a transit-oriented development; and (6) a transportation project. Sections 3-11 of this bill define these projects and certain terms relating to these projects. Section 12 of this bill establishes requirements for a governing body of a municipality to order one of these undertakings, including that the tax increment area be located: (1) in an area designated for transit-oriented development or another land use specified in the master plan adopted by the governing body; and (2) not more than one-half mile from certain structures for a fixed guideway or high-capacity transit project. Section 12 also requires the governing body to ensure that the area chosen for the tax increment area meets certain other requirements. Section 12 further requires that if a governing body adopts an ordinance designating the tax increment area and ordering one of these undertakings: (1) the ordinance may include additional requirements for the tax increment area and undertaking; and (2) the governing body must file an exhibit with the ordinance that addresses the determination of the governing body that the area chosen for the tax increment area meets these requirements.

Statutes affected:
As Introduced: 278.235, 278C.140
BDR: 278.235, 278C.140