Revises provisions relating to governmental administration. (BDR 22-851)
Summary
AB 385 limits local government authority in Nevada’s largest county, currently Clark County, and any city within that county, with respect to cooling tower systems that use water. For projects requiring 500 nominal tons or more of cooling capacity, the bill bars those local governments from adopting building codes, ordinances, or other actions that would prohibit or restrict the use of such cooling towers, subject to limited exceptions. It also allows the affected local governments to create an exemption process for projects that would otherwise be covered by a local prohibition or limitation.
The bill does not apply to industrial or warehouse projects. It also makes conforming changes to existing county, city, and Las Vegas charter provisions governing building codes and construction regulation, and it declares any conflicting local ordinance, regulation, or rule void and unenforceable. The bill is framed as a preemption measure: it preserves general local building-code authority but removes local discretion to block water-based cooling tower systems in the specified projects and jurisdictions.
Impact
AB 385 would amend Nevada law to preempt certain local building-code and zoning restrictions in counties with populations of 700,000 or more and cities within those counties, which currently means Clark County and its cities. It would directly affect county commissions, city councils, and local permitting agencies by limiting their ability to regulate cooling tower systems for large projects, while leaving industrial and warehouse projects outside the bill’s scope. The bill also updates referenced statutes and the City of Las Vegas charter to align local authority with the new statewide restriction, and it would invalidate any conflicting local rule after October 1, 2025.
Sentiment
The available record shows no committee transcript, vote tally, or recorded opposition, so there is no documented debate to gauge broad sentiment. Based on the bill text alone, the measure appears to be supported as a targeted regulatory preemption intended to standardize permitting for certain large developments. Because it narrows local control, the bill would likely be viewed favorably by development and construction interests that want predictable approval rules, while local governments concerned about land-use autonomy may be less supportive.
Contention
The main point of contention is likely the bill’s removal of local discretion over building codes and ordinances related to cooling towers in Clark County and its cities. Local governments may object to being prevented from restricting or limiting water-based cooling tower systems, especially if they believe such systems raise concerns about water use, public health, or local planning standards. On the other hand, proponents would likely argue that the bill prevents inconsistent local barriers to large projects and creates a uniform permitting framework. The exclusion for industrial and warehouse projects also suggests a policy choice that may draw questions about why those uses are treated differently.