Authorizes, under certain circumstances, certain governing bodies of a city or county to impose linkage fees on certain developers. (BDR 22-373)
Summary
SB99 authorizes certain city and county governing bodies in regions governed by an interstate-compact regional planning agency to impose a linkage fee on specified residential development, additions, and high-value remodels. The authority applies only where the regional plan calls for affordable housing development and identifies linkage fees and deed restrictions as tools to achieve it. Covered projects include new residential units of 1,000 square feet or more, additions of 750 square feet or more, and remodels valued above $100,000.
The bill requires the fee to be tied to a finding of an essential nexus between the project and the need for affordable housing, and to be roughly proportional to the project’s impact. Revenue must be used to help develop affordable housing units of no more than 1,000 square feet that are subject to deed restrictions requiring them to remain affordable. The bill also bars the fee from being imposed on affordable housing projects themselves and on certain accessory dwelling unit construction or remodeling that is or will be deed-restricted as affordable housing. It further makes clear that the new authority is subordinate to the powers of the regional planning agency and incorporates existing judicial review procedures for challenges to local actions under the bill.
Impact
SB99 would amend Nevada’s planning and zoning statutes in Chapter 278 to create a new local funding mechanism for affordable housing in limited regions, currently applicable to the Lake Tahoe region if the regional plan includes linkage fees and deed restrictions as tools. It would give qualifying cities and counties a new regulatory and revenue tool aimed at offsetting housing impacts from larger residential projects and major remodels, while also protecting affordable housing and certain accessory dwelling unit projects from the fee. The bill also reinforces the primacy of interstate-compact regional planning agencies over local land-use authority in those regions and extends existing judicial review timelines and procedures to actions taken under the new section.
Sentiment
The available vote history suggests the bill had meaningful but not overwhelming support. It passed the Senate 14-6 and the Assembly 27-15, indicating majority approval in both chambers but with a notable minority of opposition. No committee transcript excerpts were provided, so the record here shows support for expanding affordable-housing funding tools, tempered by some legislative resistance to the new fee authority.
Contention
The main points of contention are likely the imposition of a new fee on residential development and the scope of local authority to levy it. Opponents may view the linkage fee as an added cost on builders and homeowners, especially for larger homes, additions, and remodels, while supporters likely see it as a targeted way to fund affordable housing generated by growth. Another likely issue is the bill’s limited geographic application and its subordination to regional planning agencies, which may raise questions about local control versus regional oversight. The exemptions for affordable housing and deed-restricted accessory dwelling units suggest an effort to narrow the bill’s reach and reduce opposition from housing advocates.
Authorizes, under certain circumstances, the reimbursement of costs incurred by certain counties related to certain activities that are subject to the excise tax on live entertainment. (BDR 32-115)