In my testimony this morning, I would like to outline some of the tools the State of Nevada has available to assist local governments and citizens to make our communities better places to live and improve environmental quality for the residents and visitors of the State.
As you are no doubt aware, in Nevada, land use planning and zoning are primarily county and city issues. Our state legislators have wisely recognized that such activities are best done at the local level. Consequently, limited authority over these issues is granted to state government. We do have however, certain resources and programs available to assist local governments in making these difficult decisions. Some of these resources have been in place for some time, some are very new; an outcome in fact of the 1999 session of the Nevada Legislature.
One long standing tool is Section 208 of the federal Clean Water Act which has been in place for over two decades and contains provisions to address long term community planning as it relates to water quality. In Nevada, a number of jurisdictions have taken responsibility for the development of these plans including Clark County Comprehensive Planning, the Truckee Meadows Regional Planning Agency for Washoe County, the Tahoe Regional Planning Agency for the Lake Tahoe Basin and the Nevada Division of Environmental Protection for the remaining areas of the State.
208 Plans must address anticipated municipal and industrial waste water treatment needs and priorities of the area for a twenty-year period and include alternatives for waste water treatment, land acquisitions for treatment systems, waste water collection, urban storm water runoff control and a program to provide the financial mechanisms for the development of such treatment works.
The 208 planning process is designed as a cooperative effort involving local, state and federal agencies as well as the public. The process is initiated with the preparation of a draft waste water management plan which is solicited for public comment. Once public comments have been received and integrated into the plan, the agency submits it to the State for certification. We then review the plan and if the required elements are in place and ensure it adequately addresses water quality, the State certifies the plan and submits it to EPA for final approval. This plan then controls the issuance of discharge permits and other water quality activities including the funding of wastewater improvement projects from the State Revolving Loan Fund.
Most importantly however, the 208 plan must identify open space and recreation opportunities that can be expected from improved water quality, including considerations of potential land use associated with treatment works. An excellent example here in the Las Vegas area is the national award winning wetlands area established by the City of Henderson. This unique area combines wastewater treatment while providing habitat and sanctuary for a variety of birds and animals. It is also becoming more and more recognized by the public as an area for experiencing the unique desert wetlands ecosystems which were historically in place in the Las Vegas Wash.
Clark and Washoe County have aggressively pursued the 208 planning process to meet the growth needs of their respective communities. Amendments to these plans have, to date, been well conceived and have limited the water quality impacts of continued growth. Another example; the Las Vegas Bay at Lake Mead were not meeting water quality standards in the 1980's and recreation was limited in that portion of the lake. Through the 208 planning process, local agencies designed and built upgrades to existing waste water treatment plants to improve water quality while at the same time expanding capacity to meet the needs of growth. Today, plant discharges have increased yet the receiving waters and overall water quality has been greatly improved. Because of these improvements, the State is now considering modifying the beneficial uses in the Las Vegas Bay to include swimming.
The 1999 session of the Nevada Legislature brought about a number of changes related to liveable communities, planning and urban redevelopment.
Senator Dina Titus introduced, the Legislature passed and Governor Guinn signed into law Senate Bill 363 (commonly called Nevada's Brownfields Bill) which will be administered by the Division of Environmental Protection to remove barriers and encourage the reuse of lands that contain environmental contamination. Through this process, we can help revitalize our urban cores, encourage environmental clean ups and reduce the need for development of virgin, undisturbed lands.
The 1999 Legislative session also passed a series of bills that will change the way we approach regional planning in Nevada especially as it relates to air quality. Through the concept of regional planning coalitions a process has been created to broadly organize and empower an umbrella planning entity that allows cities and counties to jointly work together on resource based issues. Planning efforts of State agencies will be coordinated and circulated through these regional planning coalitions which are geared to seeking innovative planning and development solutions outside the framework of conventional planning strategies. This is a dramatic step forward especially for air pollution which is obviously transient and doesn't recognize political boundaries.
These are but a few of the examples that we have available to assist in making our communities in Nevada better places to live from a resource perspective. The Nevada Division of Environmental Protection stands ready to assist and help in this effort in any way possible. Again, I want to thank you and the Committee for your interest on this very critical topic.
I would be happy to answer questions you may have.