Analysis: Which legislators had the most (and fewest) bills passed in the 2021 session?

Democrats controlled both houses of the Legislature during the 2021 session, and hundreds of high-profile Democratic measures sailed through the Assembly and Senate while a vast majority of Republican-backed measures failed to make much headway in the legislative process.

Out of 605 bills introduced and sponsored by a lawmaker this session, Democratic legislators had 63 percent of their bills and resolutions pass out of the Legislature, compared to just 18 percent for Republicans. Those in the majority party were able to pass priority measures, including bills establishing the “Right to Return,” a public health insurance option and permanent expanded mail voting, while many priorities for Republicans, such as a voter ID law, were killed without so much as a hearing.

Which lawmakers had the most success passing their bills? Which lawmakers were least successful? How did Assembly members fare compared to senators?

The Nevada Independent analyzed all bills and resolutions that were both introduced and primarily sponsored by a lawmaker and examined which of those bills passed out of the Legislature and which ones died. Of those 605 bills, 267 (44 percent) were approved by members of the Assembly and Senate, while the remaining 338 (56 percent) were left in the graveyard of the legislative session.

Those 605 measures make up only a portion of the 1,035 bills and resolutions introduced during the session — others were sponsored by committees, constitutional officers such as the secretary of state or governor, or helped implement the state budget. The 2021 session also saw fewer measures introduced than previous sessions, as the 2019 and 2017 sessions each saw closer to 1,200 bills and resolutions introduced.

State law limits the number of bills that can be introduced by any individual lawmaker — incumbent senators and Assembly members can request 20 and 10 bill draft requests, respectively, while newly-elected legislators are limited to six bills in the Assembly and 12 in the Senate. Legislative leadership for both the majority and minority parties are also allowed to introduce additional bills beyond the normal limits.

The analysis revealed that Assemblywoman Sandra Jauregui (D-Las Vegas) and Sen. Chris Brooks (D-Las Vegas) led their caucuses with the highest rate of bill passage, while Assembly members Jill Tolles (R-Reno) and P.K. O'Neill (R-Carson City) were the only Republicans who had more than half of their bills passed out of the Legislature. Eight Republican legislators ended the session with zero bills passed.

A previous analysis of votes during the 2021 session revealed that most bills passed with bipartisan support, as more than half of all votes included no opposition. But that trend was largely driven by Democrats in the majority passing their priorities while not advancing nearly as many Republican bills, with 175 more Democrat-backed measures passing out of the Legislature than measures introduced by Republicans.

The guide below explores the results of our analysis, examining the successes and failures of both parties and of individual lawmakers this session.

We’ve double-checked our work to make sure we’ve counted every vote and hearing, but if you spot something off or think a bill was missed or improperly noted, feel free to email sgolonka@thenvindy.com.

How did Democrat-sponsored legislation fare? Did any Republican lawmakers find success?

Though hundreds of the more than 1,000 bills and resolutions introduced during the session were sponsored by Democrat-controlled committees, there were only 350 measures specifically sponsored and introduced by a lawmaker from the majority party.

Many were headline-grabbing progressive bills that drew staunch Republican opposition, including expanding permanent mail-in voting (AB321) and setting up Nevada to become one of the first states to have a public health insurance option starting in 2026 (SB420).

Of the 350 bills from Democratic lawmakers, 221 (63.1 percent) passed out of both houses. However, Assembly Democrats fared slightly better than their Senate counterparts, with 65 percent of their bills passing compared with 60 percent for those in the Senate Democratic Caucus.

Senate Majority Leader Nicole Cannizzaro on the fourth day of the 81st session of the Legislature in Carson City on Thursday, Feb. 4, 2021. (David Calvert/The Nevada Independent)

The success rate of bills introduced by Republican lawmakers was dismal in comparison.

Members of the Assembly Republican caucus had 27 of their 126 introduced measures (21 percent) pass out of both houses, while Senate Republicans had 19 of their 129 (15 percent) pass out of the Legislature. The majority of Republican-backed measures were not even given a chance by the majority party, as 56 percent of 255 bills and resolutions introduced by Republican legislators never received an initial committee hearing.

Failed Republican-backed bills included an effort to create a bipartisan redistricting commission (SB462), a measure requiring voters to provide proof of identity (SB225) and a bill that aimed to limit the number of legislative actions allowed per session (AB98).

Among the 46 Republican-sponsored measures that passed out of the Legislature were a variety of health care-related bills, including legislation from Sen. Joe Hardy (R-Boulder City) that appropriated state funds to the Nevada Health Service Corps for encouraging certain medical and dental practitioners to practice in underserved areas (SB233). Lawmakers also approved a measure from Assembly Minority Leader Robin Titus (R-Wellington) authorizing the Board of Regents to waive fees for family members of National Guard members who reenlist (AB156).

Senate Minority Leader James A. Settelmeyer, left, and Senator Joe Hardy on the fourth day of the 81st session of the Legislature in Carson City on Thursday, Feb. 4, 2021. (David Calvert/The Nevada Independent)

While Republicans fared far worse, Democratic lawmakers still had more than a third of their bills fall victim to the legislative process.

Some bills were overwhelmed by backlash, such as SB452, a bill that aimed to grant casino resorts greater authority to ban firearms on their premises but was opposed by a broad coalition of Republicans, gun right advocates and criminal justice reform organizations and failed to advance out of the Assembly. 

Other bills were watered down or axed after lawmakers deemed there was not enough time to consider the effects of a measure. Such was the case for AB161, a bill that started as a ban on the state’s “summary eviction” process, then was amended into a legislative study on the process but still never received a floor vote. Some measures fell just shy of the support they needed, including AB387, an attempt to license midwives that fell one vote shy of a two-thirds majority in the Senate on the final day of the session.

Which lawmakers were most prolific? Which lawmakers introduced the fewest bills?

Although Democratic lawmakers significantly outpaced Republican lawmakers in getting their bills passed out of both houses of the Legislature, the number of bills introduced by each legislator remained similar between the two parties.

On average, lawmakers from the majority party introduced 9.2 measures during the 2021 session, compared to 10.2 for lawmakers in the minority party. 

Those who led their parties in introductions were typically house leaders or more experienced lawmakers.

In the Assembly, Speaker Jason Frierson (D-Las Vegas) topped the rest of his party with 18 bills introduced and sponsored, while Minority Floor Leader Titus had the most bills introduced and sponsored of anyone in the Assembly Republican caucus with 14.

Assembly Minority Leader Robin Titus speaks to Assembly Speaker Jason Frierson inside the Legislature on Monday, March 15, 2021 in Carson City. (David Calvert/The Nevada Independent)

Minority Leader James Settelmeyer (R-Minden) introduced and sponsored 25 bills, which was the most of any legislator during the session.

Four other Senators also stood above the pack: Sen. Dallas Harris (D-Las Vegas) led Democrats with 23 introductions, while Sen. Pat Spearman (D-North Las Vegas) and two Republican senators, Hardy and Keith Pickard (R-Henderson), rounded out the top with 20 bills each.

Assemblywoman Tracy Brown-May (D-Las Vegas), who was appointed by the Clark County Commission on Feb. 2, 2021 to fill the seat of Democratic former Assemblyman Alex Assefa, who resigned amid an investigation into whether he met residency requirements, was the only lawmaker who did not introduce a single piece of legislation this session.

The others at the bottom of the list — Assembly members Elaine Marzola (D-Henderson), Maggie Carlton (D-Las Vegas) and Richard McArthur (R-Las Vegas), and Sens. Fabian Doñate (D-Las Vegas) and Ira Hansen (R-Sparks) — introduced three bills each. Doñate was appointed to fill the seat of former Sen. Yvanna Cancela (D-Las Vegas), and introduced three of her bill draft requests submitted prior to the start of the session.

Which legislators had the most success with their bills?

Assemblywoman Sandra Jauregui (D-Las Vegas) had more success getting her bills passed than any Nevada lawmaker during the 2021 session, as all eight bills that she introduced and sponsored passed out of both houses of the Legislature.

Jauregui had one bill that was passed only with the support of her own party members in both houses. AB286, which bans so-called “ghost guns” and other firearm assembly kits that don’t come equipped with serial numbers, passed through the Assembly and Senate along party lines. 

Other bills Jauregui introduced included measures focused on the environment and residential properties, as well as AB123, which increases fees on special Vegas Golden Knights license plates to help give more funds to charities.

Assemblywoman Sandra Jauregui arrives on the first day of the 81st session of the Legislature in Carson City on Monday, Feb. 1, 2021. (David Calvert/The Nevada Independent)

Five other Assembly Democrats, all based out of Southern Nevada, had at least 80 percent of their measures pass out of both houses, including Assembly Speaker Frierson. Frierson, who saw 15 of his 18 sponsored measures pass, introduced several high-profile Democratic measures, including a pair of big election bills: AB126, which moves the state to a presidential primary system instead of a caucus-based system, and AB321, which permanently expands mail-in voting. 

Other bills introduced by the Assembly leader that passed out of the Legislature included a measure requiring a three-day grace period before landlords can charge late fees for overdue rent (AB308) and a bill allowing college athletes to profit off of their name and likeness (AB254). Frierson was also the primary sponsor of AB484, which authorizes the Department of Employment, Training and Rehabilitation (DETR) to use $54 million in federal funds to modernize the state’s outdated unemployment insurance system.

Frierson had only three bills that did not pass out of the Legislature, including a controversial measure that would have allowed for the Washoe and Clark County school boards to be partially appointed (AB255).

Other lawmakers to have at least 80 percent of their measures pass out of both houses were Assembly members Venicia Considine (D-Las Vegas), Steve Yeager (D-Las Vegas), Daniele Monroe-Moreno (D-North Las Vegas) and Howard Watts (D-Las Vegas).

Considine had five of her six introduced measures pass both houses with significant bipartisan support, including a measure that replaces the gendered language for crimes of sexual assault with gender-neutral language (AB214). 

Yeager saw eight of ten introduced bills pass, including AB341, which authorizes the licensing of cannabis consumption lounges, though he also presented several other, sometimes controversial, measures as chair of the Assembly Judiciary Committee. He presented AB400, a bill that removes “per se” limits on non-felony DUIs involving marijuana and that passed along party lines out of the Assembly. And he presented AB395, the death penalty bill that was scrapped by Democratic lawmakers in the Senate.

Though Monroe-Moreno had four of her five introduced bills pass out of both houses, including a measure that reduces the criminal penalties for minors found in possession of alcohol or small amounts of marijuana (AB158), she was also the sponsor of one of the few measures to fail to advance out of the Legislature because it failed to achieve a needed two-thirds majority. Her bill AB387, which would have established a midwifery licensure board, fell one vote shy of the two-thirds majority in the Senate.

Watts, a second-term assemblyman, sparked a variety of partisan disagreements throughout the session, as six of his ten introduced bills passed out of the Assembly with zero Republican support (Watts had eight bills pass out of both chambers). Those measures ranged broadly from a pair of environment-focused measures to a bill that bans offensive or racially discriminatory language and imagery, names, logos or mascots in Nevada schools (AB88).

In the Senate, only three legislators had more than two-thirds of their introduced measures pass out of both houses: Chris Brooks (D-Las Vegas), Roberta Lange (D-Las Vegas) and Majority Leader Nicole Cannizzaro (D-Las Vegas).

Sen. Chris Brooks on the final day of the 81st session of the Legislature on Monday, May 31, 2021, in Carson City. (David Calvert/The Nevada Independent)

Brooks was the most successful of the bunch, getting five of his six introduced bills passed, including SB448, an omnibus energy bill expanding the state’s transmission infrastructure that was passed out of the Assembly on the final day of the session. With a larger number of introductions (13), Lange had twice as many bills passed as Brooks (10), covering a wide range of topics from health care to employment to a bill permanently authorizing curbside pickup at dispensaries (SB168).

The majority leader also succeeded in passing a higher percentage of her bills than most of her Senate colleagues, as 12 different Cannizzaro-sponsored bills made their way to the governor’s office. Those measures were met with varying degrees of bipartisan support, as a bill requiring data brokers to allow consumers to make requests to not sell their information passed with no opposition (SB260), while a bill barring the suspension of driver’s licenses for the nonpayment of fees received mixed support from Republicans in both chambers (SB219). Another bill, SB420, which enacts a state-managed public health insurance option, passed along party lines in both the Senate and Assembly.

A few Assembly Republicans stood above the pack, as Assembly members Jill Tolles (R-Reno), P.K. O’Neill (R-Carson City), Lisa Krasner (R-Reno) and Tom Roberts (R-Las Vegas) were the only members of their party to have at least half of their bills pass out of both houses.

Tolles, who was more likely to side with Democrats on close votes during the session than any other Republican lawmaker, found the most success of the group, as four of the six bills she introduced and sponsored were sent to the governor. Those bills that passed were met with broad bipartisan support, such as AB374 — that measure, which establishes a statewide working group in the attorney general’s office aimed at preventing and reducing substance use, passed unanimously out of both houses. The third-term legislator did introduce some bills that were killed by Democrats, such as AB248, which sought to allow "partisan observers" to watch over elections at polling places.

Assemblywoman Jill Tolles on the final day of the 81st session of the Legislature on Monday, May 31, 2021, in Carson City. (David Calvert/The Nevada Independent)

Four of O’Neill’s seven bills were sent to the governor. One allows the Stewart Indian School Cultural Center and Museum to designate certain buildings and grounds of the former boarding school for Native children for special events and authorizes the sale and consumption of alcoholic beverages at such events (AB270). O’Neill was the only Republican present at a bill signing event for Native-focused legislation, after many of those bills passed with bipartisan support.

Half of Krasner and Roberts’ bills passed out of the Legislature, with each lawmaker introducing and sponsoring eight measures during the session.   

Nearly all four of Krasner’s bills that made it out of both chambers attracted unanimous votes, including AB143, which creates a statewide human trafficking task force and a plan for resources and services delivered to victims. Another well-received bill, AB251, seals juvenile criminal records automatically at age 18 and allows offenders to petition the court for the expungement or destruction of their juvenile records for misdemeanors. Both AB143 and AB251 have been signed by the governor.

Roberts, who was among the Republicans most likely to cross party lines and vote contrary to the majority of his caucus, had several bills sent to the governor with strong bipartisan support, including AB319, which establishes a pilot program for high school students to take dual credit courses at the College of Southern Nevada. Another of his four successful bills was AB326, which is aimed at curbing the illicit cannabis market.

Success for Republican senators in passing bills was more rare.

Sen. Ira Hansen (R-Sparks) had one bill sent to the governor and two bills killed without a hearing, giving him a higher percentage of bills passed (33 percent) than any other member of his caucus. Hansen’s one successful measure, SB112, aligns Nevada law with federal law regarding the administration of certain products for livestock. One of Hansen’s failed bills included an attempt to prohibit police officers from using surveillance devices without a warrant, unless there were pressing circumstances that presented danger to someone’s safety (SB213).

Sen. Ben Kieckhefer (R-Reno) was the second most successful member of his caucus in terms of getting bills passed, as three of the 14 measures (21 percent) he introduced passed out of both houses, including a measure establishing an esports advisory committee within the Gaming Control Board (SB165). But many of the measures introduced by Kieckhefer still failed, including a resolution to create an independent redistricting commission to conduct the reapportionment of districts (SJR9).

Only three other members of the Senate Republican caucus, including Minority Leader Settelmeyer, Hardy and Pete Goicoechea (R-Eureka), had at least 20 percent of their introduced measures pass fully out of the Legislature.

Which legislators had the least success with their bills?

Despite Democrats controlling both legislative chambers, a handful of Democratic lawmakers still had less than half of their sponsored measures sent off to the governor’s office.

In the Assembly, five members of the Democratic caucus failed to have 50 percent of their bills advance out of both houses, including Assemblywoman Michelle Gorelow (D-Las Vegas), who rounded out the bottom of the list as just one of her eight introduced bills passing out of the Legislature. Though that one successful bill — AB189, which establishes presumptive eligibility for pregnant women for Medicaid — garnered bipartisan support, many of Gorelow’s introduced measures failed to even receive an initial committee vote. Those failed bills included multiple more health care-focused measures, including an effort to require certain health plans to cover fertility preservation services (AB274).

The others in the caucus to have more than half of their bills fail were Assembly members Bea Duran (D-Las Vegas), David Orentlicher (D-Las Vegas), Edgar Flores (D-Las Vegas) and Cecelia Gonzalez (D-Las Vegas), who each had between 33 and 43 percent of their bills passed.

Duran found mixed success with her bills, getting three of her seven introduced measures passed, including a bill that requires all public middle schools, junior high schools and high schools to offer free menstrual products in bathrooms (AB224), but seeing four others fail, including one requiring public schools implement a survey about sexual misconduct (AB353).

One of Orentlicher’s five bills was among a small group that failed to advance at a mid-May deadline for second committee passage. The measure, AB243, would have required courts to consider whether a defendant is younger than 21 when deciding a sentence and failed to clear the deadline after previously passing out of the Assembly along party lines. Orentlicher introduced five bills, but only two passed out of both chambers.

While Flores introduced several measures that received broad unanimous support throughout the session, such as a measure that established a new, simpler Miranda warning for children (AB132), he also proposed several controversial measures that failed to advance out of the Assembly. One of those bills, AB351, would have allowed terminally ill patients to self-administer life-ending medication, and another, AB131, would have required all uniformed police officers to wear body cameras when interacting with the public. Only four of Flores’s ten introduced bills passed out of both legislative chambers.

Assemblymen Edgar Flores, center, and Glen Leavitt, left, speak inside the Legislature on Tuesday, March 9, 2021 in Carson City. (David Calvert/The Nevada Independent)

Gonzalez, a freshman, had four of her six introduced bills die at different times over the course of the session. Two of her bills died without ever being heard. Another bill she introduced (AB151) was never voted on by the Assembly because a Cannizzaro-sponsored bill took almost the same approach in barring the suspension of driver’s licenses for the nonpayment of fees. 

Gonzalez even had one piece of legislation, AB201, fail in its second house. That bill, which would have required more tracking and reporting on use of criminal informants, failed to advance out of a Senate committee after passing out of the Assembly along party lines.

Sen. James Ohrenschall (D-Las Vegas) was the only member of his caucus to have more than half of his bills fail. Though seven of his sponsored measures passed out of the Legislature, eleven other bills and resolutions from Ohrenschall failed to advance. Those bills often focused on the criminal justice system, including a measure that aimed to eliminate the death penalty for people who are convicted of first degree murder (SB228), though some stretched beyond that scope, such as an attempt to make Nevada the first state with an opt-out organ donation system (SB134) that failed to be voted out of committee.

Across the Senate and Assembly, eight Republican lawmakers had zero bills pass out of the Legislature. Those eight were Assembly members Alexis Hansen (R-Sparks), Annie Black (R-Mesquite), Andy Matthews (R-Las Vegas), Jill Dickman (R-Sparks), Jim Wheeler (R-Minden) and Richard McArthur (R-Las Vegas) and Sens. Carrie Buck (R-Henderson) and Pickard.

All eight of those Republicans were also among the least likely in their party to break from the majority of their caucus and vote with Democrats on legislation.

State Senator Keith Pickard on the fourth day of the 81st session of the Legislature in Carson City on Thursday, Feb. 4, 2021. (David Calvert/The Nevada Independent)

Those eight legislators introduced 70 measures combined, of which 58 died without ever receiving a committee hearing. Pickard was particularly unsuccessful, as he introduced 20 bills, and only one received a committee hearing before failing to advance past the first committee passage deadline in early April. The Henderson-based senator was previously derided by Democratic lawmakers, after backing out of a deal with Senate Democrats centered on a mining tax during one of the 2020 special sessions.

When were bills heard and when did they pass?

Throughout the session, lawmakers often waited until the latest possible days to complete the work needed for certain legislative deadlines.

In the week leading up to the first major deadline — bills and resolutions without an exemption were required to have passed out of their first committee by April 9 — lawmakers voted 336 bills out of committee. In the roughly nine weeks prior to that, only 236 bills were passed out of their first committee.

The other deadlines of the legislative session followed a similar pattern.

In the week leading up to and the week including the first house passage deadline (April 20), 340 bills received a vote in their first house, while just 71 bills were voted out of their first house in the 10 previous weeks.

The busiest week of the session was the week ending May 21, which included the second house passage deadline (May 20). During that week, 337 bills and resolutions were voted out of their second house, while a couple hundred more measures were acted on in some other way, including committee hearings, committee votes and first house votes.

The final shortened weekend of the session, stretching from May 29 through May 31, was also chock-full of legislative action, as lawmakers passed more than 150 bills out of their second house during those three final days.

Analysis: Which lawmakers were least likely to toe the party line?

From permanent expanded mail voting to the state public health option, the 2021 legislative session saw no shortage of headline-grabbing partisan disagreements — but a look at actual vote totals reveals that the vast majority of bills were passed with at least some bipartisan buy-in.

Out of nearly 1,200 votes on bills and resolutions during the 120-day session, 625 (53 percent) were passed with no lawmakers in opposition, and a small minority of 52 votes (4 percent) included just one “nay” vote. Meanwhile, roughly 100 votes (8 percent) happened strictly along party lines. 

But there was a fourth, significant group of votes: on more than 150 votes, a minority of Republican lawmakers broke with their caucus and voted with Democrats, helping to pass bills ranging from marijuana DUI reform to expanded environmental protections.

So which Republicans were the most likely to side with Democrats?

The Nevada Independent analyzed and tallied every bill that received a recorded vote in at least one house where less than half of Republican caucus members supported the measure — a tally that includes 49 votes in the Senate and 104 in the Assembly. The analysis included any bill that received four or fewer votes from the nine-member Senate Republican Caucus and any bill that received seven or fewer votes from the 16-member Assembly Republican Caucus.

Instead of looking more broadly at all votes taken during the legislative session, focusing the analysis on the roughly 150 votes where less than half of Republican caucus members voted in favor of a particular bill offers a better view of which individual Republican lawmakers were most likely to cross party lines. 

Because Democrats control both the Assembly and state Senate, no Republican-sponsored bills with even a whiff of partisanship made it to a full floor vote, though a handful of Democratic lawmakers proved willing to buck their party on a smaller number of votes.

The analysis reveals that Sens. Ben Kieckhefer (R-Reno) and Heidi Seevers Gansert (R-Reno) were the most likely to break with their caucus and vote with Democrats in the state Senate. On the Assembly side, Jill Tolles (R-Reno), Tom Roberts (R-Las Vegas) and Melissa Hardy (R-Henderson) most often broke with the rest of their caucus and sided with Democrats.

The guide below aims to take a look at what kinds of issues were at play when Republicans chose to break with the majority of their caucus on a particular issue — including high-profile votes on a new mining tax and a Democrat-backed effort to change Nevada to a presidential primary state.

We’ve double-checked our work to make sure we’ve counted every vote, but if you spot something off or think a vote wasn’t counted, feel free to email sgolonka@thenvindy.com.

SENATE

Ben Kieckhefer: 36

Heidi Seevers Gansert: 33

Kieckhefer and Seevers Gansert voted with Democrats and against the majority of the Republican caucus 30 times, including eight times as the only two Republicans joining Democrats in support of a measure. Kieckhefer is termed out after the 2021 session and cannot run for re-election, and Seevers Gansert will not face voters until 2024 after winning her re-election race last year.

Both lawmakers broke party lines to join all Democrats in favor of AB115, allowing multiple parents to adopt a child, and AB181, a bill aimed at improving mental health parity and reporting on cases of attempted suicide.

Kieckhefer and Seevers Gansert were also among four Republican senators who voted with Democrats in favor of AB495, a bill that creates a new excise tax on the gross revenues of gold and silver companies, estimated to bring in an extra $150 million to $170 million a biennium for education. As the measure passed in the waning days of the session, Kieckhefer said the benefits of the bill outweighed the drawbacks, and Seevers Gansert pointed to the enhanced education funding as reason for voting in favor. The bill required a two-thirds majority to pass, as it created a new tax.

Seevers Gansert and Kieckhefer rarely broke from each other when crossing party lines to vote with Democrats. In one instance, Seevers Gansert was the lone Republican who sided with Democrats on SB237, a bill aimed at giving more support to LGBTQ-owned businesses, while no other Republicans did so. Kieckhefer had no such votes.

State Senators Ben Kieckhefer and Heidi Seevers Gansert during the first day of the 81st session of the Legislature in Carson City on Monday, Feb. 1, 2021. (David Calvert/The Nevada Independent)

Pete Goicoechea: 20

Goicoechea joined Democrats as the lone Republican in support of AB148, which revises the application requirements for obtaining a permit to engage in an exploration project or mining operation.

He joined Kieckhefer and Seevers Gansert as the only members of their caucus to vote in support of AB126, which eliminates Nevada’s presidential caucus and replaces it with a primary election, and also aims to make the state first in the presidential primary calendar — ahead of New Hampshire and Iowa.

Goicoechea also broke from the majority of the Republican caucus to vote with Democrats in support of a few environment-related measures, including AB146, which expands efforts to mitigate water pollution, and AB71, which makes rare plant and animal locations confidential. The Eureka Republican is in his final term of office after winning re-election in 2020, and cannot run again in 2024.

Joe Hardy: 17

Hardy, who is termed out after this session, voted as the lone Republican in support of bills in the Senate more often than any other member of his caucus.

The Boulder City-based lawmaker joined Democrats as the only Republican in favor of SB61, which creates the Nevada Committee of Vendors Who Are Blind, as well as three other Democrat-sponsored bills — including a measure backed by Assembly Speaker Jason Frierson (D-Las Vegas), AB308, which requires a three-day grace period before landlords can charge late fees for overdue rent.

Hardy was one of three Republicans in the Senate who voted in favor of AB400, which removes “per se” limits on the amount of marijuana metabolite that can be in a person’s blood to trigger a DUI, though the limits remain when someone is facing a felony charge. He was also one of two Republicans in the caucus to back another marijuana-related bill, SB122, which requires occupational training for employees of cannabis establishments.

State Senator Joe Hardy on the fourth day of the 81st session of the Legislature in Carson City on Thursday, Feb. 4, 2021. (David Calvert/The Nevada Independent)

Scott Hammond: 14

The northwest Las Vegas Valley lawmaker was one of four Republican senators who voted in support of a new tax on the mining industry. Hammond previously said he would vote in support of the bill, AB495, “for all of our state’s students.”

Hammond also joined Democrats in voting in favor of AB296, which allows victims of ‘doxing’ to bring a civil action to recover damages, and SB450, which allows school districts to use excess revenue from existing tax rates to fund “pay as you go” capital improvement projects, such as remodels and needed facility upgrades.

Keith Pickard: 6

Along with Kieckhefer, Seevers Gansert and Hammond, Pickard voted in favor of the new excise tax on the mining industry through AB495, also citing increased education funding as reason for his support.

Pickard was also one of three Republican senators who voted in favor of removing “per se” limits on non-felony DUIs involving marijuana (AB400), and the Henderson-based legislator joined Kieckhefer and Seevers Gansert in voting in favor of raising the minimum age to buy tobacco products from 18 to 21, in line with federal law (AB59).

Ira Hansen: 5

Hansen was one of two Republican senators (along with Hardy) to record votes as the sole GOP member siding with Democrats on multiple votes.

Hansen was the only Republican who voted in favor of protecting the Spring Valley population of Rocky Mountain junipers, known as “swamp cedars” (AB171). Prior to the vote, Hansen had angered some Native advocates when he rebutted the historical accuracy of testimony shared by tribal leaders and elders.

He also was also the only member of his caucus to support SB349, which would have allowed unpackaged produce to be sold in farmers markets, but the legislation failed to advance in the Assembly.

Carrie Buck: 3

The freshman legislator rarely broke from the majority of the Republican caucus, only doing so to support an extension on school use of excess revenue for facility upgrades (SB450), cage-free eggs (AB399) and a clarification on registration requirements for lobbyists (AB110).

James Settelmeyer: 2

The Senate minority leader broke from the majority of his party less than any other Republican senator, only joining Democrats in support of two measures.

Settelmeyer joined Hardy and Pickard in support of removing “per se” limits on non-felony DUIs involving marijuana (AB400) and voted with Kieckhefer, Pickard and Seevers Gansert in support of a measure revising the issuance of orders for protection against high-risk behavior (SB6).

ASSEMBLY

Jill Tolles: 92

Tom Roberts: 90

Among Assembly Republicans, Tolles and Roberts were the most likely to cross party lines and vote contrary to the majority of their caucus.

Out of the 104 votes in which a minority of the 16 Republican Assembly members joined Democrats in support, Tolles and Roberts voted together with Democrats 85 times, though only six of those votes featured no other Republicans in support.

Tolles and Roberts were the only two Republicans in the Assembly to vote in favor of the new mining tax (AB495) — giving the bill enough Republican votes to overcome the required two-thirds majority needed for a tax increase. Prior to the vote, both lawmakers spoke with The Nevada Independent about their rationale for the votes, stressing that they had gained concessions in exchange for their support and had an opportunity to improve education funding.

They were additionally the only members of their party to support other education-related measures, including an expansion of the core subjects contained within social studies in K-12 education (AB19) and a Democrat-sponsored bill to create the Task Force on Sexual Misconduct at Institutions of Higher Education (SB347).

Tolles and Roberts supported a wide range of Democrat-backed legislation, including measures focused on the economy, state government and criminal justice. The duo voted in support of a ban on race-based discrimination against certain hairstyles (SB327), a Frierson-backed effort to establish the Office of Small Business Advocacy (AB184) and a measure that doubles the fee on marriage licenses from $25 to $50 to better support sexual violence and domestic violence victim services in all counties (SB177).

Tolles has a history of voting more moderately than others in the Assembly Republican Caucus, and she was the only caucus member to join Democrats in support of legislation on multiple occasions. She was the only Assembly Republican to vote in favor of AB47, which gives the attorney general greater powers over mergers within the health care industry, and for AB382, an effort to license student loan servicers (that failed to receive a two-thirds majority). 

Though he was not joined by Tolles, Roberts (who has said he plans to run for Clark County sheriff in 2022) voted with several other Republicans in favor of bills authorizing the licensing of cannabis consumption lounges (AB341) and a resolution to remove the Board of Regents’ constitutional protection (SJR7).

Assemblywoman Jill Tolles on the final day of the 81st session of the Legislature on Monday, May 31, 2021, in Carson City. (David Calvert/The Nevada Independent)

Melissa Hardy: 82

The Henderson-based assemblywoman was the lone member of the Republican caucus who voted in favor of AB85, which authorizes the State Quarantine Officer to declare any weed to be noxious by regulation.

Hardy also backed a wide range of Democrat-backed efforts, including a variety of bills sponsored by Frierson including a bill that eliminates Nevada’s presidential caucus and replaces it with a primary election (AB126).

In dissenting from the majority of the Assembly Republican Caucus, Hardy voted the same as both Tolles and Roberts 46 times, including when all three — along with Assemblyman Glen Leavitt (R-Boulder City) — joined Democrats in support of AB486, which is meant to ensure more tenants are connected with rental assistance as eviction protections expire.

Glen Leavitt: 55

Though Leavitt sided with Democrats more frequently than most other Assembly Republicans, he rarely did so without support from several other caucus members. There was only one instance in which Leavitt joined Democrats without at least three other Republicans in support of the measure.

In that case, just two other Republicans joined Leavitt and Assembly Democrats in favor of a bill allowing the State Board of Cosmetology to license a new group of people designated as “advanced estheticians” (SB291).

Additionally, Leavitt was among a minority group of seven Republicans who supported a pair of education measures from Sen. Marilyn Dondero Loop (D-Las Vegas), including SB173, also referred to as the “Back on Track Act,” which calls on districts to create learning loss prevention plans and set up summer school programs, and SB151, which is aimed at improving teacher-to-student ratios.

Heidi Kasama: 52

The freshman assemblywoman from Las Vegas was the only Republican in either house who voted in support of a Department of Employment, Training and Rehabilitation-backed measure, SB75, that makes technical changes to the regular unemployment system, such as allowing more flexibility on when claimants are eligible for benefit extensions. Other Republicans voiced concerns that the bill did not go far enough in addressing issues with the system. 

Along with Hardy, Leavitt and Tolles, Kasama also voted with Democrats to pass AB356, which prohibits water-intensive decorative turf within medians, along roads and in business parks in Clark County.

Kasama and Hardy were also the only Republicans who voted in favor of banning the declawing of cats, though the measure, AB209, failed to advance through the Senate.

From left, Assemblywomen Cecelia González, Heidi Kasama and Melissa Hardy on the final day of the 81st session of the Legislature on Monday, May 31, 2021, in Carson City. (David Calvert/The Nevada Independent)

Lisa Krasner: 36

Krasner voted with a minority of her Republican colleagues on mostly Democrat-supported measures on three dozen occasions, including joining Tolles and Roberts in support of measures protecting swamp cedars in Spring Valley, AB171 and AJR4.

The Reno-based lawmaker also joined Tolles, Roberts, Hardy, Leavitt and Kasama in supporting SB448, an omnibus energy bill expanding the state’s transmission infrastructure that was passed out of the Assembly on the final day of the session.

Gregory Hafen: 30

The second-term legislator representing portions of Clark, Lincoln and Nye counties was one of only three Assembly Republicans who voted in favor of massively increasing fines for violating certain regulations from the Public Utilities Commission (SB18).

Hafen was also part of a limited group of Republicans who supported a change to the Live Entertainment Tax to exclude events held on behalf of a governmental entity (SB367) and a ban on race-based discrimination against certain hairstyles (SB327).

Alexis Hansen: 18

When Assemblywoman Alexis Hansen broke from her party majority and sided with Democrats, the Sparks-based lawmaker supported a wide range of measures, covering topics from health care to criminal justice to state government. Although she rarely joined fewer than four other party members in her dissent from the caucus, she was one of only two Republicans in the Assembly who voted to pass SB77, which exempts certain environmental impact reviews and discussions from the state’s open meeting law.

Robin Titus: 5

The minority floor leader rarely voted against the majority of her caucus, but Titus did join Democrats and several of her Republican colleagues in support of five bills, including a bill requiring state Medicaid plan coverage for doula services (AB256) and an appropriation of $5.4 million for upgrades to the Gaming Control Board’s IT systems (SB413).

Assembly members Robin Titus, Danielle Monroe Moreno and Steve Yeager return to the Assembly chamber after letting the Senate know they have adjourned sine die on the final day of the 81st session, Monday, May 31, 2021, in Carson City. (David Calvert/The Nevada Independent)

Annie Black: 3

Though she was absent or not voting for more than 100 votes after being censured by other members of the Assembly for violating COVID-19 protocols, Black was one of the least likely to side with Democrats on a bill. She was, however, one of four Republicans in the Assembly who voted in favor of authorizing the licensing of cannabis consumption lounges (AB341).

The Nevada Legislative Freedom Caucus

At the beginning of the session, six Republican Assembly members announced the formation of the Nevada Legislative Freedom Caucus, a coalition of state legislators dedicated to the values of constitutional conservatism. Those six lawmakers — Jill Dickman, John Ellison, Andy Matthews, Richard McArthur, P.K. O’Neill and Jim Wheeler — rarely sided with Democrats.

P.K. O’Neill: 19

One member of the Freedom Caucus sided with Democrats significantly more often than any other, as O’Neill was one of just four Assembly Republicans who supported a measure requiring employers to allow people to use sick leave to care for ill family members (AB190).

The Carson City-based assemblyman also backed several Democrat-sponsored bills, including SB166, which clarifies that a crime does not need to be committed by someone with different characteristics than the victim to be considered a hate crime, and SB177, which doubles the fee on marriage licenses from $25 to $50 to better support sexual violence and domestic violence victim services in all the counties.

Jim Wheeler: 6

Jill Dickman: 6

Andy Matthews: 5

John Ellison: 3

Richard McArthur: 3

Almost every member of the Freedom Caucus was among the list of Republicans least likely to side with Democrats, though some threw support behind a few high-profile measures.

Dickman and Matthews were among four Assembly Republicans who voted in favor of authorizing the licensing of cannabis consumption lounges (AB341). McArthur supported a bill aimed at increasing the availability of peer support counseling for emergency response employees (AB96). Wheeler voted to pass a measure that increases fees on special Vegas Golden Knights license plates to help give more funds to charities (AB123).

Which Republicans broke up unanimous votes?

While votes throughout the legislative session were dominated by unanimous vote counts and instances of mixed support and opposition from Republicans, nearly 5 percent of all votes included just one lawmaker in opposition.

In the Senate, Hansen stood above the pack, providing the only “nay” vote 15 times out of 26 such votes in that chamber. Hansen was the lone opponent in the Senate against measures authorizing curbside pickup at dispensaries (SB168), banning race-based discrimination against certain hairstyles (SB327), decriminalizing traffic tickets (AB116) and requiring employees within the juvenile justice system to complete implicit bias training (SB108).

State Senator Ira Hansen inside the Legislature on Friday, May 14, 2021. (David Calvert/The Nevada Independent)

The other Senate Republicans who provided the only vote against a bill were Buck, who did so six times, Pickard, who did so twice, and Kieckhefer, who did so once. Buck was the only member of the caucus to not support a bill authorizing the sealing of someone’s criminal record after an unconditional pardon (AB219), and Pickard was the only Senate Republican to vote against an appropriation of $25 million for the UNLV Medical School (SB434). 

In the Assembly, there were 26 votes that included a single “nay” vote. Ellison led the Republican caucus with 10, including votes against bills requiring the Board of Regents to waive tuition and fees for Native students attending Nevada public colleges and universities (AB262), prohibiting law enforcement agencies from having arrest or ticket quotas (AB186) and expanding the continuing education courses that law enforcement officers are required to take to include crisis intervention (AB304).

Other Assembly Republicans who stood alone in their opposition included Black, who provided the only “nay” vote on a bill five times, and McArthur, who did so twice. Hafen and Kasama were each the lone Assembly opponent to a bill once.

Which Democrats dissented from their party?

While disagreement among Republicans was far more common in the Democrat-controlled Legislature, a few Democrats in both houses were more likely to depart from the caucus consensus than their colleagues from the same party.

Sen. Dina Neal (D-North Las Vegas) was more likely to vote differently from the rest of the Senate Democrats than any other member of her party. Neal was the lone opposition vote to AB435, which expands a Commerce Tax exemption to include trade shows, and SB150, which requires local governments to authorize tiny houses in certain zoning districts. She previously expressed concerns that tiny homes might depreciate housing values or exacerbate zoning disparities.

Neal also dissented from the Senate Democratic Caucus to vote with her Republican colleagues at least three times, including voting against a bill that would have granted casino resorts greater authority to ban firearms on their premises (SB452).

Sen. Dina Neal (D-North Las Vegas) speaks with Assembly members Howard Watts (D-Las Vegas) and Rochelle Nguyen on the first day of the 81st session of the Legislature in Carson City on Monday, Feb. 1, 2021. (David Calvert/The Nevada Independent)

Sens. Pat Spearman (D-North Las Vegas) and Mo Denis (D-Las Vegas) each disagreed with their fellow caucus members at least once. Spearman was the only Democrat who voted against a bill raising the minimum age to buy tobacco products from 18 to 21 (AB59), and Denis was the lone member of his party to not support an effort to license midwives (AB387). With Denis voting no, the bill fell one vote shy of the two-thirds majority it needed to pass.

In the Assembly, Brittney Miller (D-Las Vegas) was among the Democrats most likely to dissent from the majority position of the caucus. Miller was the lone opponent to a bill during two votes, including voting against SB172, which requires school districts and charter schools to develop programs for dual credits. Miller also joined a majority of Assembly Republicans in opposing a bill that prohibits homeowner associations from circumventing local ordinances when determining when construction can start in residential areas (AB249).

Assembly Ways and Means Committee Chair Maggie Carlton (D-Las Vegas) was the only Assembly member to oppose AB258, which clarifies existing law by requiring the trustees of the Clark County Library District to appoint an executive director, and AB477, which abolishes the DMV’s Revolving Account for the Assistance of the Department. She also joined the majority of the Assembly Republican Caucus in voting against SB190, which allows women to receive birth control through a pharmacy without a doctor’s visit.

Assembly Majority Floor Leader Teresa Benitez-Thompson (D-Reno) additionally dissented from her caucus on more than one occasion, as she provided the lone “nay” vote to AB435, which expands a Commerce Tax exemption to include trade shows. She was also joined by Assemblywoman Selena Torres (D-Las Vegas) in voting with a majority of Assembly Republicans against SB287, which formally recognizes UNLV and the Desert Research Institute (DRI) as land-grant institutions alongside UNR.

With new law, Las Vegas water agency bets on ‘aggressive municipal water conservation measure' to remove decorative turf, conserve Colorado River supply

The backdrop for the legislation was set hundreds of miles away from Carson City, where the Colorado River meets Lake Mead and the Hoover Dam outside of Las Vegas. 

Over the past two decades, Lake Mead, which holds nearly all of Las Vegas’ water, has dropped more than 100 feet amid drought and overuse. In response, federal regulators expect to declare the first-ever shortage for the Colorado River next year, triggering cuts to Arizona and Nevada’s allocations. 

With Lake Mead approaching critically-low levels, the Southern Nevada Water Authority recently turned to the Legislature to double-down on its existing strategy for using less water: turf removal.

Earlier this year, Las Vegas water planners asked the Legislature to pass a new law that prohibits water-intensive decorative turf within medians, along roads and in business parks. Lawmakers approved it with little opposition and Gov. Steve Sisolak signed the bill on Friday. 

Now, the water authority, which serves the Las Vegas metro area, is tasked with implementing what its general manager, John Entsminger, described as probably “the most aggressive municipal water conservation measure that's been taken in the western United States.” 

For decades, the water authority has been looking at the prolonged drought and preparing for shortages. Officials with the agency stress that they are able to weather the expected cuts because Las Vegas is already consuming less water than it is entitled to use.

But they are also looking to a future where the population of Las Vegas continues to grow — Nevada is one of the fastest-growing states — as climate change poses new challenges for managing an overused river system shared by about 40 million people across the Southwest. 

The legislation, AB356, aims to reduce per capita water use by prohibiting Colorado River water from being used to irrigate ornamental turf not used for a single-family home after 2026. Ornamental, or nonfunctional, turf typically refers to grass that is installed for decorative purposes and is rarely walked on or used.

Entsminger, in a recent interview, said the prohibition would result in significant water savings. The removal of an estimated 3,900 acres of decorative turf could save roughly 9.3 billion gallons of water annually — about 10 percent of the state’s entire Colorado River allotment.

“Being able to save 10 percent of our total water supplies, without really impacting any quality of life, is really a tremendous achievement and a benefit for the overall community,” he said.

In Carson City and elsewhere, politics around water are often fractious. State-backed proposals to change water law died early into the legislative session. But the water authority’s plan earned broad buy-in from rural and urban lawmakers, industry groups and environmental groups, even some of the same people who have criticized the agency’s legislative maneuvering in the past. 

“It’s an old trope in Nevada politics that your enemy one day is your friend the next day,” said Kyle Roerink, executive director of Great Basin Water Network, a coalition of water users who supported the effort. “That doesn’t foreclose on the fact that we could be at odds again down the road as it relates to water policy. In this specific case, I was thrilled to work with them.”

Ornamental grass in The Lakes on Monday, June 1, 2021. (Jeff Scheid/The Nevada Independent)

Addressing decorative turf

The water authority serves more than 2 million residents and the millions of tourists who come to Las Vegas each year. To understand where the decorative turf is and how much water it uses, the agency uses aerial imaging that reveals where water is evaporating.

“And then we use that data to make estimates of how much [ornamental turf] we think is in each sector,” said Colby Pellegrino, deputy general manager of resources for the water authority. 

The agency estimates, for instance, that about 1,500 acres of decorative turf exists within the footprint of multi-family residences, a category that includes apartment buildings. About 1,000 acres of the turf exist at commercial and industrial properties. 

In an arid climate like Las Vegas, one that is only predicted to become warmer as the climate continues to change, the amount of water consumed to irrigate grass can add up quickly. 

A square-foot of grass needs about 73 gallons of water each year to survive. The legislation would require the removal of about 3,900 acres of decorative turf (the final version of the bill exempts single-family residences). Assuming all of the grass is converted to desert landscaping, which uses about 18 gallons each year, the bill would save about 9.3 billion gallons of water.

For years, the water authority has offered cash incentives to residents and businesses looking to convert turf to desert-friendly landscaping. But in an era of cutting back, the program has run into its limits, as Entsminger noted at a water authority board meeting earlier this year.

The agency has met resistance from homeowners associations who see decorative turf as an appealing feature, Entsminger said. At the board meeting, the agency presented one response from the Altura community within Summerlin: “...our community chose Altura for the beautiful green entrance. As we are well aware there is not much of it unless you live on a golf course. With that said, Altura is declining to move forward with the proposed turf replacement.” 

The water authority also encounters other types of challenges in removing decorative turf. Apartment buildings and commercial properties sometimes have a diffuse ownership structure — governed by layers of LLCs — or out-of-state owners who are accustomed to grass-centric landscaping.

Water authority officials say those ownership dynamics can make it challenging for the agency to contact a property owner about decorative turf. In other cases, out-of-state property owners, unfamiliar with the arid climate of the Southwest, might not understand the severity of the issue. 

In all, turf removal has declined since the 2000s and stayed below the water authority’s goal of converting at least 150 acres per year, even after the agency increased the rebates in 2018.

“The era where just carrots are going to get [us to] where we need to get is coming to the end,” Entsminger said during the March board meeting. “We’re going to have to use some sticks.” 

The water authority board, comprising local elected officials, agreed. In addition to the issues around turf removal, Entsminger raised another argument for acting: consumptive use — the total amount of water used by Las Vegas and not recycled in Lake Mead — ticked up in 2020. 

“We’re probably going to have to make some harder decisions this year to right the curve,” said Marilyn Kirkpatrick, who chairs the agency’s board and the Clark County Commission. 

An example of a vegetation classification analysis, which allows the Southern Nevada Water Authority to spot water use. Yellow polygons with markings are used to locate grass. Yellow polygons with no markings are used to show trees. Purple polygons show pools, and blue polygons display pool covers. (Provided courtesy of the Southern Nevada Water Authority)

Flipping the script in Carson City

Before Assemblyman Howard Watts III (D-Las Vegas) was elected to the Legislature and came to chair the Assembly Committee on Natural Resources, he worked with the Great Basin Water Network. The advocacy group is best known for fighting against the Las Vegas water authority’s decades-long effort to pump rural groundwater from rural eastern Nevada to urban Las Vegas. 

Now, as chairman of the legislative committee, the roles were reversed. Watts actively helped the water authority get its legislation to the governor’s desk. During an interview in his Carson City office last month, Watts described the new law as “hugely significant in a couple of ways.”

Watts said he viewed the turf removal legislation as “the next step in a paradigm shift for the Southern Nevada Water Authority", one where more emphasis is placed on conservation of its existing Colorado River supplies, rather than importing new supplies.

“I worked for a long time to try and get the authority to move away from the pipeline project in eastern Nevada, which they’ve done,” Watts said. “As a result, they know that the Colorado River is their primary source of water for the foreseeable future — and we need to do more to protect and enhance that source.” 

When the legislative session began in February, none of the proposed bills addressed Colorado River conservation — at least directly.

But one bill, AB356, proposed by the Nevada Department of Conservation and Natural Resources, looked at water issues more broadly. The bill, as it was originally proposed, aimed to create a conservation credit system for managing water rights. At the same time, there were rumblings that the water authority wanted its own conservation bill.

The market-based approach in AB356, along with companion legislation (AB354) to establish water banks, was received with skepticism from conservationists, ranchers and farmers. They were concerned the state’s proposal was not fully vetted and could lead to speculative behavior.

In that opposition, the water authority saw an opening. 

In April, a few weeks after the agency’s board meeting, water authority lobbyist Andy Belanger proposed an amendment to AB356 that replaced the original bill with the turf removal program. 

At the meeting where the water authority introduced the idea, a group of key players came out to back the amendment: The Vegas Chamber, the Southern Nevada Homebuilders Association and local governments. Environmental advocates quickly backed the plan, too. The Center for Biological Diversity, a conservation group, released a supportive statement that same day.

With Watts’ help, AB356 was amended to become the water authority’s bill. It eventually passed unanimously in the Senate. It then passed on a largely party-line 30 to 12 vote in the Assembly, with four Republicans voting in favor. On Friday, Sisolak signed the bill into law.

“It's incumbent upon us, for the next generation, to be more conscious of our conservation and natural resources, water being particularly important,” Sisolak told reporters last week. 

Sen. Pete Goicoechea (R-Eureka), well-known in the Legislature for having vast knowledge of Nevada water law and being a critic of the water authority’s pipeline project, voted in favor of the bill.

In an interview, he said the numbers the water authority presented spoke for themselves. They showed significant savings.

Goicoechea initially raised concerns that removing that much grass from the valley could increase surface temperatures, but he said he was assured by the water authority’s plans to offset those impacts with the planting of new trees on drip irrigation.

“It clearly is an area that has to be addressed,” he said, referring to nonfunctional turf. 

Assemblyman Howard Watts inside the Legislature on Tuesday, March 9, 2021 in Carson City. (David Calvert/The Nevada Independent)

Setting the stage for a drier future

Now the challenge is implementing the turf removal program.

The legislation leaves much of that up to the water authority’s board of local elected officials. But it also calls for the creation of a Nonfunctional Turf Removal Advisory Committee. Most importantly, it sets a target date about five years from now — Dec. 31, 2026 — for the removal of most of the 3,900 acres of grass.

That year is also important for the Colorado River.

Existing rules for how to manage Lake Mead and the Colorado River expire in 2026. Leaders from the seven states that use the river, Colorado River tribes, environmental groups, agricultural interests and developers are gearing up for negotiations over how water from the river is managed as climate change increases the risk of shortages. 

In a recent interview, Entsminger said the situation is serious, but that the agency is preparing for cuts by lowering demand. The turf removal legislation is one of several programs. He said  removing the 3,900 acres of turf would nearly offset the deepest cuts the water authority agreed to under the Drought Contingency Plan, an agreement that spells out tiered cuts during drought.

“When people see the headlines about the hydrology on the Colorado River, when they read about these looming shortages, I think they need to know that that is serious,” he said. “That is not hyperbole. But we as a community have the tools at our disposal to meet that challenge.”

For developers and environmental groups, there is also another side of an equation: Growth. Eyeing population growth, Clark County is actively looking to increase the Las Vegas footprint.

Conserved water can also serve as a new water supply. Roerink, who leads the Great Basin Water Network, said it was not lost on him that the business community, including homebuilders and the Vegas Chamber, came out in strong support of the legislation to remove decorative turf. But he warned about the rush to put conserved water back into use for homes or new developments. 

“That would be a tragic mistake,” he said. 

Watts acknowledged the concern. Several big-picture trends that are driving growth in Las Vegas and across the Southwest, he noted, and it’s important for policymakers to be prepared. It would be imprudent, he said, to allow growth and do nothing to conserve water. 

“I'll leave it to other people to debate the bigger-picture questions around how and how much we should grow,” Watts said. “But [the bill is] about addressing issues with the resource.”

Watts said his hope is that removing decorative turf could serve “as a model for the southwest and for other Colorado River-dependent communities.” 

A view of Hoover Dam in the daytime
A view of Hoover Dam is seen from the Mike O'Callaghan-Pat Tillman Memorial Bridge on Wednesday, Aug. 28, 2018. (Jeff Scheid/The Nevada Independent)

The regional significance of ripping out grass

In the West, municipal water agencies are wary of comparing their policies, sometimes for good reason. Every municipal water system is unique, even if they rely on the same water source. But many agencies have encouraged their customers to reconsider lawns.

Oftentimes, these rules apply to new development, said Peter Mayer, an expert in municipal water management who runs WaterDM, a consulting firm based in Colorado. What makes the water authority’s turf removal program significant is that it applies to existing decorative turf. 

“The startling part of this proposal is the concept of removing existing turf,” he said.

Mayer said removing ornamental turf could put Las Vegas, which already uses a small amount of Colorado River water, in a powerful position as Colorado River negotiators meet to discuss how to manage the river after 2026. Las Vegas officials can now point to the clear and aggressive measures they have taken to ensure the sustainability of the river. 

“That's a powerful position to take, especially when you've got upstream neighbors, such as Utah and Washington County, where they are proposing additional withdrawals,” he said.

For years, Utah’s Washington County, which includes St. George, has sought to permit a project that would divert Colorado River water from Lake Powell to southern Utah.

There are other less tangible benefits to removing turf. 

Jennifer Pitt, the Colorado River program director for the Audubon Society, said removing decorative turf helps remind people in the Southwest that they live in an arid climate. 

“It helps to change the local population's perception of where they live,” she said. 

Water managers, she noted, are often wary of one-size-fits-all solutions. Different water agencies have different portfolios and demands. For instance, some cities within the Colorado River Basin rely on other water supplies, not just the Colorado River.

"At the same time, I think people can learn from each other, and I'm using people on purpose, because it's both water managers and also landscaping managers and communities,” she said.

In addition to leading the water authority, Entsminger serves as the president of the Colorado River Water Users Association. He declined to say whether other cities should adopt similar turf standards, but he said “everyone on the Colorado River, in all economic sectors, is going to have to use less water.”

"I think everybody has to use less water,” Entsminger said. “And if they want to choose having turf in a traffic circle over some other sector of their economy, then that’s their decision. But our decision is to really focus on the removal of this nonfunctional turf.”

Sprinklers water turf in Las Vegas on Tuesday, March 23, 2021. (Jeff Scheid/The Nevada Independent)

Gun free zones in casinos, increasing justice court fees and licensing midwives among many casualties of legislative session

Lawmakers ended the 81st session of the Legislature on Monday night passing dozens of high-profile measures but many others, including an effort to license midwives and a bill allowing casinos to prohibit firearms, failed to advance.

Out of roughly 1,000 bills and resolutions introduced during the 120-day legislative session, more than 400 measures failed to pass through the Senate and Assembly and make it to Gov. Steve Sisolak’s desk. Many bills were left for dead at deadlines for committee or house passage, but some — including an effort to increase justice court filing fees — were in limbo until minutes before the clock struck midnight on Monday.

Other major bills that failed to advance included a measure aimed at transitioning Nevada residents away from natural gas use, several affordable housing bills and a bill that would have abolished the death penalty.

Here’s a look at some of the bills that died at the end of the session:

SB452: Prohibiting guns on casino properties

In the waning weeks of the session, Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) revived discarded portions of the session’s other major gun bill in the form of MGM Resorts-backed AB452, which aimed to grant casino resorts greater authority to ban firearms on their premises.

When Cannizzaro presented the bill, which would have required non-restricted gaming license holders (defined as more than 15 slot machines on property) to opt in to the provisions and would have prohibited individuals from bringing firearms onto casino property with certain exemptions, she described the measure as a way for lawmakers to further protect workers on the Las Vegas Strip.

Supporters said that the bill would largely mirror prohibitions on firearm possession at schools and libraries, but opponents — a broad coalition of Republicans, gun right advocates and criminal justice reform organizations — argued it would create uncertainty for gun owners and have a disparate racial impact.

The measure narrowly passed through the Senate in a 11-10 vote on Wednesday, but failed to receive a vote in the Assembly before sine die. During the joint committee hearing on the bill, many Assembly Democrats questioned its merits and expressed concerns about how the measure would affect minority communities.

“We are going to have situations where Black folks and brown folks are going to be the ones who are going to be not asked to leave, but who are going to be the ones that the police are called on,” said Assemblywoman Shondra Summers-Armstrong (D-Las Vegas) during the hearing.

AB387: Midwifery licensure board 

Nevada is the only state in the west that does not license midwives, but a proposed Board of Licensed Certified Professional Midwives nearly became a reality this session after falling just one vote short of a needed two-thirds majority late Monday evening.

During the last day of the legislative session, the Senate voted 13-8 on Democratic Assemblywoman Daniele Monroe-Moreno’s AB387, with Sens. Heidi Seevers Gansert (R-Reno) and Ben Kieckhefer (R-Reno) joining most Democrat senators in support. Sen. Mo Denis (D-Las Vegas) joined the Republican senators against the measure, ensuring the bill fell short of the needed two-thirds majority (because the bill required fees for licensure). 

The Assembly had previously passed the bill and its amendments with a 28-14 vote on May 28.  

The board would have been responsible for establishing an optional licensure process for practicing midwives and also would have set training and education requirements. 

An emotional hearing in the Assembly Committee on Commerce and Labor took place in April, in which several mothers shared their experiences with midwives and desire to have birth freedom while also having certain regulations and protections in place for all parties. 

Opposition to the measure was just as passionate, with opponents arguing that the board would overly restrict birthing options and punish midwives who may not want to be licensed or who have learned through apprenticeships rather than in a formal environment. 

SB437: Increased fees for justice court actions

An effort to double administrative fees for actions within the state’s justice courts fell two votes short of the two-thirds majority needed to pass on the last day of the session.

SB437, which would have increased the fee from $1 to $2 on the commencement of any action in a justice court for which a fee is required, in order to help fund the work of the state demographer within the Department of Taxation, passed through the Senate in mid-May on a 14-7 vote, but only after Sens. Kieckhefer and Pete Goicoechea (R-Eureka) switched from nay to yea votes.

Members of the Assembly then voted 26-16 along party lines on the measure, falling two votes short of the 28 votes needed to pass with a two-thirds majority. Republicans opposed to the bill, which was sponsored by the Senate Finance Committee, expressed confusion and concerns that it would tax the wrong people by imposing funds on litigants within the justice courts to fund the state demographer within the executive branch.

AB161: Study on summary evictions

A severely watered-down measure that would have created a legislative committee to study the state’s “summary eviction” process during the interim was left dead at the end of the session after failing to receive a vote in the Assembly.

The initial version of AB161, sponsored by Assemblywoman Selena Torres (D-Las Vegas), would have completely banned the “summary eviction” process, which involves possession of a rental unit and requires a tenant to either pay rent, vacate the property or respond to a notice through the courts within seven days. But the language in the bill was replaced with a study after lawmakers expressed concerns that there was not enough time to consider the consequences of upending the existing system in the midst of the eviction moratorium and amid staunch opposition from real estate groups.

The amended version of the bill, which received support from a slew of progressive groups, was passed out of its first committee in early April but never saw further action from lawmakers.

SB187: Limits on solitary confinement 

Sen. Pat Spearman’s (D-North Las Vegas) bill to limit the use of solitary confinement in Nevada prisons to 30 days never made it to an initial floor vote. 

SB187 also would have required regulations to limit solitary confinement to use only as a last resort. It also called for frequent mental health evaluations and giving inmates at least two hours of out-of-cell time daily, visitation and phone access.  

The Department of Corrections submitted a fiscal note stating that the measure would cost the department more than $40 million dollars for the biennium in order to modify policy at its seven major institutions and provide additional mental health support. 

“Even if they are guilty, they are still human beings, and we should treat them as such,” Spearman said of inmates during the bill’s hearing in the Senate Judiciary Committee on March 12. “If rehabilitation is the goal, then solitary confinement impinges upon that goal.” 

SB139: Prohibiting insurance companies from denying treatment for gender dysphoria

A bill that would have prohibited insurers from denying treatment for gender dysphoria – the psychological distress that results from an incongruence between sex assigned at birth and gender identity – did not survive after passing out of the first committee. 

Sen. Melanie Scheible’s (D-Las Vegas) SB139 aimed to require insurance companies, including Medicaid, to cover medically necessary treatment and surgeries for transgender Nevadans. 

The bill was meant to address instances of insurance companies denying coverage for treatment such as hormone replacement therapy and surgeries, despite existing laws and policies prohibiting the denial, exclusion or limitation of medically necessary health care services based on gender identity or expression. 

Advocates said that access to treatment should be considered medically necessary because without it, the mental health of people who have gender dysphoria suffers greatly. 

“When insurers fail to cover medically necessary care, people suffer anxiety, depression, social ostracism, and a higher risk of suicide,” transgender rights advocate Brooke Maylath said during the bill’s only hearing on March 12. “SB139 is designed to send a clear message to the greater healthcare community – discrimination is not acceptable in Nevada."

Although it received a deadline waiver, the measure did not advance after being referred to the Senate Committee on Finance on April 16. The state Public Employees' Benefits Program (PEBP) had submitted a fiscal note for $1 million for the biennium to extend the coverage for treatments. 

SB235: Additional marijuana licenses for unsuccessful applicants

A bill that became a lightning rod for marijuana industry criticism over a proposed amendment aimed at spurring the creation of scores of new dispensaries failed to make it to the legislative finish line.

The measure from Sen. Dallas Harris (D-Las Vegas), SB235, and a proposed amendment would have offered an alternative path to licensure for marijuana dispensary applicants who were unsuccessful in a 2018 licensing round. In that round, 61 dispensary licenses were issued to just 17 companies even though 127 potential businesses applied.

Those who lost out on the coveted permits pursued a massive lawsuit that ended with a judge saying there were flaws in the state’s process, but that the law did not permit her to order additional licenses as relief. An amendment to Harris’ bill that would have given unsuccessful candidates a path forward was forcefully criticized by the Nevada Dispensary Association, a statewide dispensary trade association whose representatives argued that it would threaten the strength and integrity of the industry.

Opponents also argued that the market could not support a large number of new stores without hurting existing ones; supporters countered with a competing analysis positing that the state could absorb nearly 1,300 new dispensaries.

The Cannabis Compliance Board submitted a fiscal note on the bill saying it would gain at least $610,000 over the biennium as a result of the increase in license renewal fees, and that it would cost an estimated $150,000 to complete a market study to determine demand for the issuance of additional cannabis licenses. 

The bill passed out of a Senate committee, was referred to the Senate Finance committee on April 20, and saw no further action before the end of session.

AB382: Regulating student loan servicers

A sweeping piece of student loan legislation that would have established new regulations on loan servicers in Nevada and would have granted more rights to borrowers was left for dead just a few days before the end of the session after falling one vote short of the two-thirds majority it needed to pass.

The bill was primarily aimed at enacting broad consumer protections through a borrowers’ bill of rights, as well as the licensing and regulation of servicers by the state’s Commissioner of Financial Institutions. 

Assemblywoman Jill Tolles (R-Reno) joined all Democratic Assembly members in voting in favor of the measure; however, some Republican lawmakers expressed concerns about the licensing fees that servicers would be required to pay. Student loan servicers Sallie Mae and Discover also opposed the bill, arguing that it could lead to greater costs for borrowers.

Bill sponsor Assemblyman Howard Watts (D-Las Vegas) said he adopted an amendment before putting the bill up for a vote that was aimed at addressing the concerns brought up by opponents.

“But some of the student lender interests decided to dig in on it. And unfortunately, again, all members of the minority caucus decided to side with them except for Assemblywoman Tolles,” Watts said, “in my opinion, picking those interests over borrowers that are in our state.”

SB462: Republican-backed effort to change redistricting commission

With the state set to handle the redistricting process in a likely special session sometime later this year, Senate Minority Leader James Settelmeyer (R-Minden) introduced an emergency measure, SB462, just two days before the end of the session that would have given Democrats and Republicans equal power in creating a redistricting commission.

That bill received zero action in the Democratic-controlled Legislature. Instead, members of both the Senate and Assembly adopted SCR13, sponsored by Senate Majority Leader Cannizzaro and Assembly Speaker Jason Frierson (D-Las Vegas), creating an interim reapportionment and redistricting committee composed of four Democrats and two Republicans.

Increasing awareness of mental health services

As the COVID-19 pandemic resulted in heightened mental health issues across the country, lawmakers in Nevada took steps to increase access to behavioral health care, typically through federal relief funds — but a pair of bills aimed at increasing awareness of mental health support services failed to advance out of the Legislature before the end of the session.

AB167, sponsored by Assemblyman Glen Leavitt (R-Boulder City), would have required K-12 schools and colleges to put information relating to mental health resources on student ID cards, including the phone number and text messaging option for the National Suicide Prevention Lifeline. After passing out of the Assembly on a 41-1 vote in late April, the bill did not receive a committee vote in the Senate.

AB315, which passed out of the Assembly unanimously a few days before the end of the session, would have required law enforcement agencies and fire departments to provide officers and firefighters with information about mental health awareness, prevention, mitigation and treatment, and provide two hours of mental health counseling within three months of retirement. The measure, sponsored by Assemblyman P.K. O’Neill (R-Carson City), passed out of a Senate committee on Sunday, but failed to receive a vote on the Senate floor during the final day of the session.

Lawmakers advance mining tax deal; Republicans who voted in favor explain why

State lawmakers voted Monday to advance a major mining tax package that will allocate a combined $500 million to public education through new and extended mining taxes and federal COVID relief dollars — pushing the compromise package through the legislative process quickly on the final day of session.

The Assembly vote on AB495 was 28-14, with all Assembly Democrats and two Assembly Republicans — Jill Tolles and Tom Roberts — in support. In the Senate, four Republicans — Ben Kieckhefer, Heidi Seevers Gansert, Scott Hammond and Keith Pickard — joined Democrats to pass the bill in a 16-5 vote, sending the bill to Gov. Steve Sisolak for approval.

The bill, introduced late Saturday and heard for the first time on Sunday, involved a complicated trade of bills — including commitments to kill certain bills and pass others — and some challenges reining in the multiplying requests of lawmakers being courted for votes. An amendment to Democrat-sponsored SB292 that eliminates provisions allowing for straight-ticket voting was one of the Republican-favored elements of the deal.

The bill, which creates a new excise tax on annual gold and silver mine gross revenue above $20 million, is expected to eventually direct up to $500 million to education — including $200 million in federal COVID relief dollars and the rest through new and redirected taxes on the mining industry. It also restores funding to Opportunity Scholarships, a private school scholarship program supported by private donations made in exchange for tax credits.

An amendment adopted shortly before the floor vote in the Assembly allocated an additional $15 million in federal funding for learning loss at charter schools; charters were previously set to be excluded from the pot of money. Groups such as the Nevada State Education Association teacher’s union have opposed more allocations for charter schools, which they say are exempted from too many accountability rules.

But Republicans have advocated for those schools, including in a bill, SB463, that will apply $3.8 million to hold a dozen charter schools harmless from funding drops they otherwise would have experienced in the transition to a new funding formula. Tolles also said some charters experienced similar closures of in-person learning during the pandemic.

“There was significant learning loss. They could utilize that help as well,” she said in an interview.

Passage of the bill out of both chambers was lauded by Nevada Mining Association President Tyre Gray, who said in a statement that the legislation “encapsulates what is possible when we stop worrying about north or south, urban or rural, teacher or miner, and remember our commonalities.” The Clark County Education Association — a key booster —  tweeted that a “bipartisan relationship made this possible.”

And in a joint statement with Assembly Speaker Jason Frierson and Senate Majority Leader Nicole Cannizzaro, Sisolak called the legislation “one of the most significant steps our State could take on our road to recovery.”

“Today's historic vote was only made possible thanks to the partnership of education leaders, business and industry, a bipartisan group of legislators, stakeholders and community members,” Sisolak said in a statement. “Our comeback will be strengthened by the continued collaboration and efforts of all Nevadans committed to working together for our families and a brighter future.”

Assembly vote

Prior to the vote, Tolles and Roberts spoke with The Nevada Independent about their rationale for the votes, stressing that they had not only gained concessions in exchange for their pledge to support the tax, but also had an opportunity to improve education funding without overly burdening one single industry.

“For the mining industry, the caveat was everybody that is impacted agrees to it. There are no loss of jobs, there's … no loss of revenue to counties. And so the industry says we want this, that's a condition for us,” Roberts said.

The Nevada Mining Association on Sunday night made it clear in a tweet that they were in support of the bill, and association President Tyre Gray sat at the presenter’s table with Assembly Speaker Jason Frierson during the hearing for the bill. 

Through the session, both lawmakers have struck a more moderate tone than others in the Assembly Republican caucus. Roberts, a former assistant sheriff with the Las Vegas Metropolitan Police Department, is planning to leave legislative service and run for Clark County sheriff in 2022.

For her part, Tolles said her entire rationale for getting involved in politics was to advocate for education — saying the combination of industry buy-in for the bill and the fact that proceeds would go to education checked all of her boxes.

“I'm not going to be in politics forever, but I'm always going to be a human being and a wife and a mom and a professional and a member of my community,” she said. “And so every decision that I have to make can't be about whatever is going to happen in the future, it has to be about whether or not I feel good about what's right in front of me and how I feel about it when I'm looking back at my life.”

Both lawmakers said that bill language adding back funding authorization to the Opportunity Scholarship program — a tax credit program offering private school tuition grants for low-income families — was a key element of negotiations, and said future discussions on the scholarship program have been promised.

Tolles wanted the scholarship program, which now counts only a little more than 1,000 enrollees and is at less than half its original size, not to be so restrictive and to ensure continuity of funding through budget cycles, so that parents with children enrolled in the program have more certainty year-over-year rather than having to face fears every two years about being dropped from the program.

“The way that the system, as I understand it works right now, is that every two years, it's a fight just to maintain,” she said. “And so that's very traumatic for those kids, and those families, to feel like it's essentially their version of an eviction moratorium like every two years.”

The bill does not guarantee that the scholarship lasts beyond the coming biennium, but does lift provisions from 2019 that did not allow new students to enroll.

Assemblyman Andy Matthews (R-Las Vegas) said in a speech on the Assembly floor that his Republican colleagues’ decision to support a tax hike “in exchange for concessions so modest as to be insulting is simply astonishing to me.” 

“Spending more money without enacting any structural reforms or accountability measures has never solved our educational problems,” he said.

Assemblywoman Teresa Benitez-Thompson (D-Reno) said when evaluating good tax policy, one question she asks is “are the people who are going to be taxed understanding of that tax, and ... do they share those principles enough that they come in support?”

“We have that in Assembly Bill 495,” she said. “In this building, it is a rare thing to get consensus. It is even more rare when we get it around policies such as this. This is long overdue.”

Senate

Four Senate Republicans crossed party lines to support the bill on Sunday evening, easily clearing the required two-thirds majority just a few hours after the Assembly passed the bill.

Kieckhefer, who is termed out of office after this session, said in a floor speech that the bill represented the “art of legislating in a single bill,” representing a compromise of things he strongly supported and strongly opposed. 

“While there are plenty of reasons that I could point to to vote against this bill, I think the benefits far outweigh the drawbacks,” he said. “And when you get to this place, I think it's important to try to find a way to say yes to help people, and that's what this bill does.”

Seevers Gansert also pointed to the enhanced education funding in the bill, touching not only public education but also charter schools and Opportunity Scholarships, as the reason for her support. Pickard said he was troubled by “special interests” using the initiative petition process to “put pressure on us,” but said he would support the bill because of the additional funding for education.

Hammond said the process of getting to the vote “was a rocky one,” but said he ignored pressure from “outside interest groups and disaffected third parties” and voted to advance the policy because he agreed with the merits of the bill.

“While I don't expect the ... naysayers who don't even bother to read the legislation to keep their opinions to themselves, I will be voting yes, for all of our state’s students,” Hammond said. “I urge my colleagues to join me, because even if it's only one student, it’ll change their life without ever even knowing it and that's worth it.”

But five Republican senators voted against the bill, with several raising concerns with the rushed process that brought the legislation forward. Sen. Pete Goicoechea (R-Eureka) said he had wanted to see a credit offsetting any increased collection of the existing net proceeds tax on minerals against the new excise tax, and said it was “unfair to ask any one industry to come to the plate.”

“Education needs to be borne by all of us, not one single industry,” he said. “I think they were forced to be here, and forced to support this bill.”

Sen. Ira Hansen (R-Sparks) also raised similar concerns about the industry-specific tax, saying that the state’s gaming industry had long skated by without paying its fair share to education, saying it would “allow the very people that have not paid enough consistently to get away with it once again.”

“(For) all but a handful of us in this room, the people that are going to pay this tax, they are not our constituents. They are mine. It's very easy to tax people that actually are not even in your district.”

Reporter Tabitha Mueller contributed to this report. Updated at 4:34 p.m. on 5/31/21 to add comments from floor speeches. Updated again at 7:30 p.m. to include details from the Senate vote.

Sisolak signs more than 70 bills, including sealing eviction records during COVID, Patient Protection Commission reorganization and curbside cannabis pickup

Measures sealing eviction records during the COVID-19 pandemic, authorizing curbside cannabis pickups and reorganizing the Patient Protection Commission have all been signed into law by Gov. Steve Sisolak.

Sisolak’s office announced late Thursday that the governor had signed a total of 70 bills in a press release, bringing the governor’s total of signed bills from the 2021 session up to 107 as of Friday. Once bills are approved by both houses of the Legislature and sent to the governor’s office, the state’s chief executive has five days during sessions and 10 days after they adjourn to either sign the bill, veto the measure or allow the clock to expire, which causes a law to automatically take effect.

Here’s a look at some of the bills signed by Sisolak on Thursday:

AB141: Sealing COVID-19 eviction records

Sponsored by Assemblyman Howard Watts (D-Las Vegas), the measure requires courts to automatically seal records for people evicted during the pandemic. Originally, the bill also proposed requiring landlords to give certain long-term tenants two or three months of advance notice before “no cause” eviction -- those stemming not from a breach of contract but for any reason the landlord wanted. But that provision was removed.

As amended, the bill passed on a party-line 26-16 vote in the Assembly and a 12-8 vote in the Senate.

AB348: Patient Protection Commission reorganization

Sponsored by Assemblywoman Maggie Carlton (D-Las Vegas), the bill provides for a reorganization of the Patient Protection Commission, changing it from a primarily industry-focused body to one centered around patient advocates and those who work in the nonprofit health care space. It also requires that the commission adopt bylaws to govern its operation.

The measure additionally designates the Patient Protection Commission as the state agency responsible for administering and coordinating the Peterson-Milbank Program for Sustainable Health Care Costs, which is aimed at reducing per-capita spending on health care and analyzing and addressing the underlying drivers of growth in the cost of health care.

The bill passed on a party-line 26-16 vote in the Assembly and a party-line 12-9 vote in the Senate.

SB168: Curbside cannabis pickup

Sponsored by Sen. Roberta Lange (D-Las Vegas), this bill authorizes and allows recreational marijuana dispensaries to engage in curbside pickup — in effect legalizing a practice first allowed last year when the state was still in a coronavirus-related stay-at-home order.

The measure authorizes the state Cannabis Compliance Board to adopt regulations related to curbside regulation, while allowing local governments to adopt ordinances beyond whatever rules are adopted by the compliance board. It also modifies several existing portions of law related to the packaging and labeling of marijuana products.

SB168 passed on a 35-6 vote in the Assembly and on a 19-1 vote in the Senate.

AB187: Designates the month of September as “Ovarian and Prostate Cancer Prevention and Awareness Month” in Nevada. 

This bill, which requires the governor to issue a proclamation every September encouraging the observance of Ovarian and Prostate Cancer Prevention and Awareness Month, was sponsored by Assembly Speaker Jason Frierson — who earlier this session underwent treatment for prostate cancer.

The bill passed unanimously out of both the Senate and Assembly.

AB59: Raising smoking age to 21

Sponsored on behalf of the attorney general’s office, AB59 raises the legal age to purchase cigarettes or other tobacco products to 21 years of age, up from the past minimum of 18 years of age. It aligns the state with federal law — former President Donald Trump signed a law in December 2019 raising the minimum age on tobacco sales up to 21 years of age.

The bill passed on a 34-8 in the Assembly and 14-7 in the Senate.

AB109: Charter school teacher licensure

This measure requires that at least 80 percent of teachers working at a charter school hold a license or endorsement to teach in Nevada, including 100 percent of teachers providing instruction in a “core academic subject, English as a second language or special education.” Non-licensed instructors have to meet certain requirements, but instructors without a license are allowed to continue teaching until July 1, 2026 before they have to obtain a teaching license.

The bill passed on a 31-9 vote in the Assembly and a 12-8 vote in the Senate.

AB111: Expanding diversity of Peace Officers’ Standards and Training Commission

Sponsored by Assembly Speaker Jason Frierson (D-Las Vegas), the measure increases the membership of the Peace Officers’ Standards and Training Commission from 9 to 11 members and requires the Majority Leader of the Senate and Speaker of the Assembly to each appoint one member who is not a peace officer and has demonstrated expertise in: implicit and explicit bias, cultural competency, mental health as it relates to policing  or working with vulnerable populations. The bill also requires the governor and Assembly and Senate leaders to consider racial, gender and ethnic diversity when making appointments.

The bill passed on a 42-0 vote in the Assembly and a 12-8 vote in the Senate.

AB123: Golden Knights license plate fees

The measure imposes an additional $10 fee on Vegas Golden Knights special license plates and $10 for renewal for deposit with the treasurer for credit to the General Fund. The bill also requires the Treasurer to distribute additional fees from the Vegas Golden Knights license plates to the Vegas Golden Knights Foundation on a quarterly basis.

The bill passed on a 30-12 vote in the Assembly, and a unanimous vote in the Senate.

AB336: Annual behavioral health care assessment for law enforcement officers

The bill, sponsored by Assemblywoman Daniele Monroe-Moreno, requires the Peace Officers’ Standards and Training Commission to adopt regulations establishing standards for an annual behavioral wellness visit designed to preserve the emotional and mental health of law enforcement officers. The visit would also assess conditions that may affect performance of duties.

The bill passed on a 33-9 vote in the Assembly and a 17-4 vote in the Senate.

AB409: Addressing implicit bias in law enforcement recruitment

The measure requires the Peace Officers’ Standards and Training Commission to adopt regulations addressing bias in the recruitment and selection of law enforcement officers. Under the bill, the commission would have to include evaluations to identify implicit bias on the part of an officer on the basis of race, color, religion, national origin, physical or mental disability, sexual identity or gender identity or expression.

The bill passed the Assembly on a 36-6 vote and the Senate on a 17-4 vote.

AB378: Federal and state land management

A measure aimed at reversing many of the public land policies and laws of the state hostile to federal control of public lands, AB378 repeals and changes many provisions in state law originally sponsored by supporters of the ‘Sagebrush Rebellion,” the movement in the 70s seeking more local control of federal public lands.

The bill passed on a party-line 26-16 vote in the Assembly and on a narrow 11-10 vote in the Senate, with Sen. Dina Neal (D-Las Vegas) joining Republicans in opposition.

AB435: Expands tax exemptions to trade shows/meetings

Under current law, every business entity in the state whose gross revenue during a fiscal year exceeds $4 million pays an annual Commerce Tax. But, there are exemptions for businesses that take part in an exhibition held in the state for conducting business and are not required to obtain a state business license for the exhibition because the exhibition facilitator pays the licensing on behalf of that business.

The bill expands the exemptions from the Commerce Tax to apply to anyone who takes part in an exhibition, trade show, industry or corporate meeting held in the state, regardless of whether the person is required to obtain a state business license. It also clarifies that an organizer, manager or sponsor of such an event or an exhibitor may claim the exemption.

The bill passed out of the Assembly on a 41-1 vote and the Senate on a 20-1 vote.

SB46: Protecting personal information

The bill, sponsored by the Senate Committee on Government Affairs, allows employees of the attorney general to request that personal information be kept in a confidential manner. For example, under the legislation employees can request the DMV to display an alternate address on his or her identification card.

SB46 passed unanimously out of the Senate and then on a 33-8 vote out of the Assembly.

SB114: CBD and hemp-infused foods

Sponsored by Sen. Pete Goicoechea (R-Eureka), SB114 generally authorizes certain food establishments to sell hemp or CBD-infused food products. The bill passed unanimously out of the Assembly and on a 20-1 vote in the Senate.

SB379: Health care provider database

The bill, sponsored on behalf of the interim Legislative Committee on Health Care, requires the state’s Department of Health and Human Services to create and maintain a database of demographic and practice information on health-care providers and make the data available to professional licensing boards upon request. It also requires the state health agency to establish a Health Care Workforce Working Group to analyze information in the database and study ways to attract healthcare providers to the state. 

SB379 passed on a 35-6 vote in the Assembly and on a 20-1 vote in the Senate.

Corrected on Friday, May 28, 2021, at 3:40 p.m. to reflect that AB348 reorganizes the Patient Protection Commission but does not establish an all payer claims database.

Follow the Money: Tracking more than $330,000 in legislative campaign donations from the mining industry

Trucks at mine site.

As lawmakers pursued a historic increase to the mining industry’s tax burden, mining companies and industry PACs combined to contribute more than $330,000 to their campaigns over the course of the 2020 election cycle.

That sum represents a roughly 32 percent increase from the 2018 cycle, making mining one of the few industries to spend more money rather than less amid the pandemic-triggered economic downturn.

Industry spending vastly favored Republican lawmakers, who received almost three times as much money as their Democratic counterparts, a cumulative $243,000 to the Democrats’ $88,000. 

This spending came amid a backdrop of continued Democratic control of both legislative chambers — control that was weakened slightly by losses in a handful of competitive suburban districts. Republicans gained three seats in the 42-person Assembly and one in the 21-seat Senate, leaving the Democratic advantage at 26-16 and 12-9, respectively. 

In order to assess broad trends in campaign spending, The Nevada Independent categorized and analyzed more than 7,700 individual contributions of more than $200 made to sitting lawmakers in 2019 and 2020. 

The data in this story show only a slice of the campaign finance pie: 178 contributions from 18 unique donors fell under the umbrella of mining corporations, PACs or related individuals. 

However, two lawmakers are not included in this analysis: Sen. Fabian Donate (D-Las Vegas) and Assemblywoman Tracy Brown-May (D-Las Vegas). Both were appointed to fill legislative vacancies in February, after a freeze on legislative contributions had already begun ahead of the 2021 session. 

These numbers also do not include candidates who lost their race for the Legislature, and may not represent the total spent by a given donor in the last election, but rather only the amount they spent on winning candidates.  

As the cumulative totals might suggest, individual Republicans dominated the list of mining industry contributions. All but two of the top 15 mining recipients are Republicans, and of the 33 lawmakers who received just $5,000 or less in industry money, 26 were Democrats.  

Even so, with few mining donors spending money at all, the top mining recipients did not receive particularly large sums compared to other industries. The top fundraiser, Sen. Heidi Seevers Gansert (R-Reno), raised $25,500 in mining contributions from five mining donors: Nevada Gold Mines ($10,000), the Nevada Mining Association ($5,500), Comstock Mining ($5,000), Kinross Gold USA ($3,000) and Coeur Mining ($2,000).  

Seevers Gansert was followed by Senate Minority Leader James Settelmeyer (R-Minden) with $20,000; Sen. Pete Goicoechea (R-Eureka) with $17,500; Sen. Carrie Buck (R-Las Vegas) with $16,500; and Assemblyman Tom Roberts (R-Las Vegas) with $15,500. 

Assembly Speaker Jason Frierson followed close behind with $14,500 raised, making him the only Democrat in the industry’s top 10 recipients and the lone Democrat to receive more than $10,000 in combined contributions. 

Overall, there were few mining related donors in 2020. Just 18 gave any money at all, and almost all of it was contributed by the biggest donors. 

The top three — Nevada Gold Mines, the Nevada Mining Association and Cortez Gold Mine (owned by Nevada Gold Mines) — alone combined for almost 76 percent of the $331,780 total, while the top-five combined for almost 90 percent of all industry money contributed last cycle. 

A joint venture between mining giants Barrick and Newmont, Nevada Gold Mines led all industry donors last cycle with $92,250 contributed across just 15 legislators. 

Unlike most major industry-specific donors, nearly all of Nevada Gold Mines’ contributions went to Republicans, who received $85,000 to the Democrats’ $7,250. That gulf is so vast and Nevada Gold Mines gave to so few lawmakers that the average Republican received more money ($7,727) than all four Democratic recipients combined. 

Also relatively unique in Nevada Gold Mines’ spending habits is the number of maximum contributions from the company. Nevada law limits donors to $5,000 per election (primary and general), for a total maximum contribution of $10,000 per cycle. 

Such maximums are relatively rare, even among major donors, who frequently spend the maximum once or twice on party leaders or vulnerable candidates in swing districts before spreading out smaller contributions across a wider pool of candidates. 

But Nevada Gold Mines contributed $10,000 to six lawmakers, all Republicans and all but one (Roberts) from Northern Nevada: Seevers Gansert, Roberts, Goicoechea, Sen. Ben Kieckhefer (R-Reno), Sen. Ira Hansen (R-Sparks) and Assemblywoman Jill Dickman (R-Sparks).  

Five other legislators — four Republicans and one Democrat — received $5,000, while the remaining three received $1,000 or less. 

Though formally the third-largest donor, contributions made by the Nevada Gold Mines-owned Cortez Gold Mine function as an extension of that joint-venture, and as a result, as an extension of Barrick and Newmont. The mine reported $74,500 in spending across 24 legislators, which, when combined with Nevada Gold Mines, raises the joint-spending by Barrick and Newmont last cycle to $166,750. 

That amount is slightly more than the $162,500 that Barrick and Newmont combined to spend on legislative elections in the 2018 midterms, before the creation of Nevada Gold Mines. 

Much like Nevada Gold Mines, most of the Cortez mine spending flowed to Republicans, who received $55,000 to the Democrats’ $19,500. With another handful of Republicans receiving the maximum from Cortez, the average split per party also vastly favored GOP lawmakers, who received an average of $5,500 to the Democrats’ $1,393. 

Those maximum contributions went to three Republicans — Hammond, Buck and Settelmeyer. Cortez otherwise gave $5,000 to five lawmakers (including two Democrats, Frierson and Assembly Ways and Means Chair Maggie Carlton (D-Las Vegas), while the remaining 16 recipients received $2,500 or less. 

An industry association backed financially by a number of the state’s largest mining companies, the Nevada Mining Association combined to spend $85,500 across 41 legislators, or enough to make it the second-largest mining donor last cycle. 

The sum is a sizable increase from the PAC’s spending in 2018, when it gave just $56,250 in the aggregate. 

As an industry PAC, most of the association’s money came from the same companies contributing as their own entities. That includes Nevada Gold Mines (which gave the association $50,000), Newmont (which gave $20,000) and Coeur Mining ($10,000). 

Unlike other industry donors, the Nevada Mining Association split its money almost down the middle of the two parties, spending $43,000 on Democrats and $42,500 on Republicans. On average, the split was still fairly close, with the average Democrat receiving $2,150 to the average Republican’s $2,023.

The two biggest beneficiaries of that spending were legislative leaders, with Cannizzaro receiving $9,000 and Frierson following with $6,500. The association’s spending was otherwise largely diffuse, with five lawmakers receiving between $5,500 and $3,500, and the remaining 34 receiving $2,500 or less. 


Tim Lenard, Riley Snyder and Sean Golonka contributed to this report.

As part of our Follow the Money series The Nevada Independent will be publishing deep dives over the coming weeks into the industries that dominated legislative campaign spending in the 2020 campaign cycle. To see previous installments, follow the links below: 

Lawmakers agree to salary bump for traffic safety office head, who previously made less than deputies

Vehicles on U.S. 95 south of Tonopah

Typically, leaders of state agencies in Nevada make the highest salary of anyone in their department.

But that hasn’t been the case for the state’s Office of Traffic Safety — the agency charged with highway traffic safety that helps administer the “Zero Fatalities” state traffic safety program.

According to a state budget closing packet, Office Administrator Amy Davey is eligible for a top salary of $91,842 annually prior to any contributions to the state pension system. 

But her position is considered unclassified — meaning she isn’t eligible for overtime — while the office’s deputy division administrator, which is considered a classified position in the state’s pay structure, is eligible for overtime — meaning that position ends up with annual compensation that “regularly surpasses” the head of the agency.

That’s why state lawmakers on Wednesday agreed to give Davey a pay bump, voting during a joint budget subcommittee to raise her annual salary by about $29,800 — putting her salary in line with other agency heads within the state Department of Public Safety (the office is housed within DPS).

According to a budget closing packet, the new administrator salary set at a maximum of $117,000 a year is in line with the salary of the administrator of the state’s Office of Cyber Defense Coordination Division, and is no longer the lowest salary among division heads. 

Lawmakers on the joint budget subcommittee didn’t spend much time discussing the proposed salary bump, but Sen. Pete Goicoechea (R-Eureka) said he would support the motion given the state’s recent increase in traffic fatalities this year.

“No amount of money would make me take this job,” Goicoechea said. “Truly, we've got some real issues as far as traffic safety is concerned in this state, and I'd be very, very supportive. We've got thousands of miles of two lanes that are safety hazards and we're going to have to deal with it...I don’t know who wants this job, but compensation is probably not near enough.”

Editor’s Note: This story first appeared in Behind the Bar, The Nevada Independent’s newsletter dedicated to comprehensive coverage of the 2021 Legislature. Sign up for the newsletter here.

Higher education faculty push to expand collective bargaining rights

unlv campus

Faculty across the state’s higher education system are pushing for a new law this year that would expand the state’s nascent public collective bargaining infrastructure to include professors and other professional staff — a sharp break from years of control of the process by the Nevada System of Higher Education (NSHE).

Though faculty already maintain bargaining rights under NSHE code, they have long complained that any bargaining structure led by their employers — administrators, the Board of Regents and the chancellor — necessarily creates a power imbalance that has favored institutions in the long term. 

“That means that management writes the rules for collective bargaining and interprets the rules,” Kent Ervin, vice president of the Nevada Faculty Alliance (NFA) and UNR chemistry professor, said. 

Faculty, largely through the NFA, have spearheaded a push to create a “level playing field” through SB373, which would expand collective bargaining laws for public employees to include professional staff employed by the Nevada System of Higher Education.

The measure passed through committee early this month in a 4-1 vote, and now, having been waived through legislative deadlines, awaits a vote on the Senate floor. 

Ervin says the push to move collective bargaining out of the hands of the system and under the umbrella of state law comes after years of stop-and-start bargaining from faculty at the College of Southern Nevada that, he said, could have been avoided through a third-party labor board. 

“It took them three years to come to contract negotiations with their administration,” Ervin said. “And then with NSHE, it became apparent that the very limited rules which you can find in NSHE code are just not adequate. If either side thinks the other side is not bargaining fairly, there's nobody to go to.”

However, where many collective bargaining fights center in part on issues of salaries and pay equity, faculty who spoke to The Nevada Independent said the primary utility of a measure such as SB373 would be injecting fairness into dispute arbitration and adjudication that is, as of now, handled exclusively by the employer. 

“It really provides better due process for the faculty member involved, but also ultimately reduces the possibility of litigation and things escalating to where litigation is a possibility,” Ervin said. “I have seen the Board of Regents when they talk about settlement packages, how much money they're spending every year on settlements. Well, if you nip some of those issues in the bud and work out amicable solutions between the employee and their supervisors, you often could avoid those things.” 

Doug Unger, a UNLV English professor and the president of UNLV’s NFA chapter, said that these disputes have become even more common in the wake of the pandemic, and that core of the issue comes in redistributing some of the lingering power that has been entrenched in administrative hands since the very inception of the first universities in medieval Europe. 

“You have this medieval authority established in the universities, it’s why we have the names we have — chancellors, deans, provosts, regents — and the idea to elect a regent, someone who has absolute power over a system,” Unger said. “This idea of a medieval authority of an administrator is entrenched in the university system; they don’t want to give it up.”

Expanding the collective bargaining process, Unger said, would serve to chip away at that “medieval” authority by democratizing the process itself.  

And though salaries may not be the central issue behind the push for SB373, they still remain top-of-mind for faculty members who have gone more than a decade without a merit-based pay raise outside of promotions. 

“The only way to get annual raises is to threaten to leave,” Jeffrey Waddoups, a labor economist and chair of the UNLV economics department, said. “And if you threaten to leave, and it's a credible threat, and they want to keep you around, then they'll give you a raise. And the reason for that is because there's no system set up to give annual raises, and we have no power to establish such a system.”

Efforts to allow merit-based raises through a 1 percent pool of institutional funds have continued outside of efforts to pass SB373. But, Waddoups said, without bargaining power and without a union, efforts to return to pre-Great Recession pay raises would be hampered “because there’s no real way to do it.”  

Nevada’s system — where final rules-making authority lies with the higher education employer — is relatively rare in the U.S., according to Risa Lieberwitz, general counsel for the American Association of University Professors.

“Where a state law provides for collective bargaining for public employees that would normally state who's covered, you know, what employees and so if faculty are covered by the state, faculty in the State University are covered, they would either be under that general law, or there could be a separate law, but it would be most unusual to see that the collective bargaining system is controlled by the employer.”

Lieberwitz, who is also a professor of labor and employment law at Cornell and testified in favor of SB373, said that consistency in the way public sector bargaining agreements are carried out generally would broadly “enhance the stability of relationships” between administrators and faculty.  

In testimony so far, NSHE has remained formally neutral on the bill. In testifying on the measure on April 7, system General Counsel Joe Reynolds reiterated to lawmakers that NSHE code already provides for collective bargaining, and that they were “still reviewing this complex bill” and “do have questions about its scope, reach into board governance over personnel matters and costs.” 

Though Chancellor Melody Rose was unavailable for an interview before publication, she said in a statement late Tuesday that the board's position had not changed from neutral, and that it maintained the same concerns raised by Reynolds two weeks ago.

Still, the issue has so-far been inseparable, among some legislators, from broader issues of higher education governance and funding. 

“I think NSHE needs some major, major financial overhauls,” Sen. Ira Hansen (R-Sparks) said during a committee vote on the measure. “I think those guys have been spending money like drunken sailors with no oversight for decades … I realize this has to do with individuals, but the whole collective bargaining process, especially for those guys — financially, it’s out of control. I think we need to do some serious reining in of how they behave, so I’ll be a no.” 

Hansen’s remarks come as multiple legislators have expressed skepticism of the governance of NSHE by the Board of Regents, as well as of a renewed push to approve a constitutional amendment, SJR7, that would remove the board from the Constitution entirely. 

Though a similar measure, Question 1, was narrowly rejected by voters last year, legislators have so far broadly approved of SJR7. The measure was passed unanimously out of committee before being passed by the full state Senate, 20-0, last week

Hansen was opposed to SB373 on the grounds that collective bargaining does not “represent the taxpayer,” saying in an initial hearing on April 7 that the measure — like all public bargaining measures — creates a system in which one government agency collectively bargains with another government agency. His concerns were echoed by the Vegas Chamber, which testified against the bill on the grounds that it would create an undue tax burden, a complaint first leveled against public employee bargaining laws by the group during the 2019 session. 

Ultimately, Hansen was alone in opposing SB373 in the Senate Government Affairs Committee, whose three Democratic members all voted in favor. Sen. Pete Goicoechea (R-Eureka) — the committee’s only other Republican — also voted for the bill, though only with a reservation of his right to change his vote when it comes to the Senate floor. 

Outside committee Democrats, the bill also found support among a handful of other unions, including the public employee’s union AFSCME, the state teacher’s union NSEA and the service employee’s union SEIU.

Having been waived through legislative deadlines, it is not clear when SB373 will receive its first floor vote in the Senate. Delaying the bill in part: outstanding fiscal notes totaling $1.7 million through the next biennium for the attorney general’s office and the Department of Administration. 

Ervin said Tuesday that those notes will likely be removed, however, through a forthcoming amendment that acknowledges NSHE already bears the cost for bargaining infrastructure, and therefore no new costs would be created for the state.

Natural gas legislation, water bills fail to advance after legislative deadline

The Nevada Legislature Building

Good morning, and welcome to the Indy Environment newsletter.

Friday was a major deadline day at the Legislature, and hundreds of bills failed to make it out of committee. They are effectively dead (though nothing is actually dead until the end of session). This week, the newsletter is looking at what environmental bills died and what bills are still alive. 

As always, we want to hear from readers. Let us know what you’re seeing on the ground and how policies are affecting you. Email me with any tips or suggestions at daniel@thenvindy.com

To get this newsletter in your inbox, subscribe here.


THE LEGISLATURE (Deadline Day Edition)

Natural gas legislation, efficiency bills die on deadline day: Two closely watched pieces of natural gas legislation failed to make it out of committee. The first bill, AB380, was aimed at requiring natural gas utilities undergo more rigorous resource planning, an effort to align the utility’s infrastructure investment with the state’s climate goal of net-zero emissions by 2050. 

SB296, backed by Southwest Gas, sought to harden the utility’s infrastructure by establishing a pipeline replacement program. The legislation from Senate Majority Leader Nicole Cannizzaro (D-Las Vegas) did not get a hearing and was not given a special exemption to move forward. 

Why did these bills die so early in the session? I’m working on a piece with my colleague Riley Snyder about what happened and the gas utility’s lobbying efforts around the bills. 

As our legislative team, Michelle Rindels, Tabitha Mueller and Riley Snyder, reported, an energy efficiency bill (SB382) also died. “NV Energy opposed the bill, and said advocates should go through other avenues at the state Public Utilities Commission to accomplish their goals,” they wrote.

Mining oversight bill moves forward as regulatory reorganization stalls: The Assembly Committee on Natural Resources advanced AB148. The bill seeks to prevent so-called “bad actors” — companies or executives with a track-record of not meeting mine-cleanup obligations — from doing business in Nevada. Another bill, AB240, seeking to dissolve the Nevada Division of Minerals by splitting up its regulatory and advocacy roles, did not advance out of committee.

State’s water bills: Several proposed bills backed by the state’s Division of Water Resources died before the Friday deadline. SB155, legislation to change the requirements for Nevada’s top water regulator, the state engineer, did not advance past a key Senate committee. Similarly, two controversial proposals died, at least in their original form. AB354, legislation to create “water banks,” did not make it out of a committee after conservationists and rural interests argued that the proposal could lead to speculation and was not specific to Nevada water issues. Companion legislation, AB356, passed, but was amended with a largely unrelated conservation proposal backed by the Southern Nevada Water Authority. Its proposal seeks to remove unused turf.

There are still many bills to keep watching (this is by no means an exhaustive list):

  • Water legislation: An amended version of AB146, which passed out of committee on Friday, seeks to better manage water quality issues arising from indirect pollution. It also declares the state’s policy to a right to clean water. AB97 seeks to require regulators to form a working group to look at PFAS, often called “forever chemicals.” And of course, there’s the Southern Nevada Water Authority’s bill (AB356). It’s going to be interesting to watch how it is received in Carson City, in Las Vegas and in the Colorado River Basin. 
  • Energy/Emissions legislation: AB349 seeks to close the “classic car” loophole, which allows cars that are not, by most reasonable definitions, “classic” to evade regulations for tailpipe emissions. Another bill, AB383, looks to direct the state to adopt energy efficiency standards for appliances. And while most bills have been introduced at this point, Sen. Chris Brooks (D-Las Vegas) could still offer an omnibus clean energy bill. 
  • Mining resolutions: Lawmakers could still consider three resolutions to raise taxes on mining (AJR1, AJR2, SJR1), first passed during the special session over the summer.
  • Land and conservation legislation: AB171 aims to make it the state’s policy to protect stands of swamp cedars, geographically isolated populations of Rocky Mountain juniper trees that are sacred for Indigenous communities in the Great Basin (our story on the bill from March). And SB52 looks to create a program for awarding dark sky designations.

WATER AND LAND

State senator raises concerns about hedge fund’s water marketing proposal: Sen. Pete Goicoechea (R-Eureka) said last week that he is concerned about a hedge fund’s proposal to market water in Humboldt County, Nevada NewsmakersRay Hagar reports. Last summer, we co-published a three-part series on concerns about the hedge fund’s activities across the West. 

The push to protect Tiehm’s buckwheat: Tiehm’s buckwheat, a rare plant that is threatened by proposed lithium mining outside Tonopah, has been targeted for special protection, according to new documents reported by Scott Sonner with the Associated Press. The records show that state and federal officials, recognizing the threats to the buckwheat, found only on a small stretch of land in Nevada, considered measures to conserve its habitat. 

Restoring a wetland where few remain: Amy Alonzo, with the Reno Gazette Journal, reports on wetland restoration in southeast Reno — with sobering statistics about the loss of wetlands.

Coming up in the Supreme Court: A newly formed Supreme Court commission to study water law in Nevada plans to have its first meeting on April 16, the court announced this week. 

What I’m reading: The Atlantic published a powerful essay by David Treuer making the case for returning the stewardship of the national parks to Indigenous communities. Weaving history with our present moment, the essay is worth spending time with. “We live in a time of historical reconsideration, as more and more people recognize that the sins of the past still haunt the present,” Treuer writes. “For Native Americans, there can be no better remedy for the theft of land than land. And for us, no lands are as spiritually significant as the national parks.”

CLIMATE CHANGE

What the snow tells us about intensifying drought: Across the West, the snowpack holds much-needed water for ecosystems, irrigators and communities. The timing of when that snow melts is critical. As the climate changes, the timing is changing, with significant ramifications. InsideClimateNews reporters Bob Berwyn and Judy Fahys look at what research tells us about the effects of longer dry spells and earlier snowmelt. One quote that stood out: “We’ve grown up in a world in which snowpack has been a reliable reservoir, but it’s not that way anymore.”

ENERGY AND MINING

Deseret NewsSofia Jeremias writes an in-depth piece about the Thacker Pass lithium mine. “In Nevada, mining has a long legacy of offering economic opportunity, giving it an influential voice among policymakers eager to accommodate the industry’s interests,” Jeremias writes. “It appears that may remain the case when it comes to mining the state’s lithium resources.”