Nac: Chapter 701 - Energy Policy

Link to law: http://www.leg.state.nv.us/nac/NAC-701.html
Published: 2015

[Rev. 7/15/2015 11:22:07 AM]

[NAC-701 Revised Date: 8-15]

CHAPTER 701 - ENERGY POLICY

STANDARDS FOR ENERGY CONSERVATION IN BUILDINGS

701.010            Definitions.

701.030            “Director” defined.

701.055            “International Energy

Conservation Code” defined.

701.110            “Office” defined.

701.175            “Sources of renewable energy”

interpreted.

701.185            International Energy

Conservation Code: Adoption by reference.

701.187            International Energy

Conservation Code: Availability.

701.195            International Energy

Conservation Code: Petition for deviation from standard.

701.205            International Energy

Conservation Code: Petition for climatically appropriate modification of

standard or different climate zone designation.

701.215            International Energy

Conservation Code: Petition for allowance in design and construction.

701.225            Petition for exemption from

provision of International Energy Conservation Code or certain

regulations.

701.235            Duties of governing body of local

government upon adoption of standard more stringent than International

Energy Conservation Code or certain regulations.

701.245            Certification of buildings subject

to International Energy Conservation Code and certain regulations.

ACCOUNT FOR RENEWABLE ENERGY, ENERGY EFFICIENCY AND ENERGY

CONSERVATION LOANS

701.600            Definitions.

701.605            “Account” defined.

701.610            “American Recovery and Reinvestment

Act” defined.

701.615            “Construction” defined.

701.620            “Director” defined.

701.625            “Disadvantaged community” defined.

701.626            “Energy conservation project”

defined.

701.6265          “Energy efficiency project”

defined.

701.629            “Larger energy conservation

project” defined.

701.6293          “Larger energy efficiency project”

defined.

701.6296          “Larger renewable energy system”

defined.

701.630            “Net metering system” defined.

701.635            “Person” defined.

701.640            “Project” defined.

701.645            “Public entity” defined.

701.650            “Renewable energy” defined.

701.655            “Renewable energy system” defined.

701.660            Purpose of Account.

701.665            Contracts for certain expert services.

701.670            Eligibility for loan and financing

from Account.

701.675            Applications for financing of

projects.

701.680            Review of applications; denial.

701.685            Evaluation and prioritization of

applications submitted by qualified applicants: Criteria; approval by Interim

Finance Committee.

701.690            Loans: Offers; requirements for

loan documents; terms; interest rate.

701.695            Recordkeeping and accounting

requirements for qualified applicants who receive loans.

701.700            Audits.

ENERGY DEVELOPMENT PROJECTS

701.800            “Applicant” defined.

701.805            Required contents of notice of

project; notice of substantial change in scope or design of project.

701.810            Submission of initial deposit and additional

payment for reimbursement costs.

701.815            Use of money in Energy Planning and

Conservation Fund.

701.820            Request for hearing; judicial

review.

 

 

 

STANDARDS FOR ENERGY CONSERVATION IN BUILDINGS

      NAC 701.010  Definitions. (NRS 701.220)  As used

in NAC 701.010 to 701.245,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 701.030, 701.055

and 701.110 have the meanings ascribed to them in

those sections.

     (Added to NAC by Office of Community Services, eff. 7-8-88;

A by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012)—(Substituted in

revision for NAC 523.010)

      NAC 701.030  “Director” defined. (NRS 701.220)  “Director”

means the Director of the Office.

     (Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted

in revision for NAC 523.030)

      NAC 701.055  “International Energy Conservation Code” defined. (NRS 701.220)  “International

Energy Conservation Code” means the building code published by the

International Code Council which establishes minimum standards of energy

efficiency for the design and construction of buildings and which is adopted by

reference by NAC 701.185.

     (Added to NAC by Office of Energy by R024-11, 12-30-2011,

eff. 7-1-2012)

      NAC 701.110  “Office” defined. (NRS 701.220)  “Office”

means the Office of Energy.

     (Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted

in revision for NAC 523.110)

      NAC 701.175  “Sources of renewable energy” interpreted. (NRS 701.220)  For the

purposes of NRS 701.220 and NAC 701.010 to 701.245,

inclusive, the Director will interpret the term “sources of renewable energy,”

as used in NRS 701.220, to mean

“renewable energy systems” as that term is defined in NRS 704.7815.

     (Added to NAC by Office of Energy by R024-11, 12-30-2011,

eff. 7-1-2012)

      NAC 701.185  International Energy Conservation Code: Adoption by

reference. (NRS

701.220)

     1.  The 2012 International Energy

Conservation Code is hereby adopted by reference.

     2.  On or before July 1, 2015, and on or

before July 1 of every third year thereafter, the Director will review the most

recent version of the International Energy Conservation Code, including

any amendments thereto, and will adopt by reference the most recent version of

the International Energy Conservation Code and prescribe by regulation

such amendments to the most recent version of the International Energy

Conservation Code as the Director deems necessary to support effective

compliance with and enforcement of the International Energy Conservation

Code in this State.

     3.  The Director will post on an Internet

website maintained by the Office the notice of adoption of the most recent

version of the International Energy Conservation Code, the date of

adoption and any amendments to the International Energy Conservation Code

adopted by the Director by regulation.

     (Added to NAC by Office of Energy by R024-11, 12-30-2011,

eff. 7-1-2012; A by R126-13, 6-23-2014, eff. 7-1-2015)

      NAC 701.187  International Energy Conservation Code: Availability. (NRS 701.220)  The 2012

International Energy Conservation Code and any amendments thereto published

by the International Code Council may be obtained from the International Code

Council, 25442 Network Place, Chicago, Illinois 60673-1254, by telephone at

(800) 786-4452 or at the Internet address http://www.iccsafe.org, for

the price of $31 for members and $41 for nonmembers. The combined 2012

International Energy Conservation Code and ANSI/ASHRAE/IESNA Standard

90.1-2010: Energy Standard for Buildings Except Low-Rise Residential Buildings

may be obtained from the International Code Council for the price of $132 for

members and $147 for nonmembers. Supplemental materials to the 2012

International Energy Conservation Code may also be obtained from the

International Code Council.

     (Added to NAC by Office of Energy by R024-11, 12-30-2011,

eff. 7-1-2012; A by R126-13, 6-23-2014, eff. 7-1-2015)

      NAC 701.195  International Energy Conservation Code: Petition for

deviation from standard. (NRS 701.220)

     1.  The governing body of a local government

that is authorized by law to adopt and enforce a building code may submit a

petition to the Director requesting a determination by the Director that a

deviation from one or more standards set forth in the International Energy

Conservation Code is necessary to support effective compliance with and

enforcement of the International Energy Conservation Code in this State.

A petition submitted pursuant to this section may propose a deviation from

standards relating to:

     (a) The construction of floors, walls, ceilings and

roofs;

     (b) The equipment and systems for heating,

ventilation and air-conditioning;

     (c) Electrical equipment and systems;

     (d) Insulation; and

     (e) Any other factors which affect the use of

energy in a building.

     2.  A petition submitted pursuant to this

section must:

     (a) Be in writing;

     (b) State the specific provision or provisions of

the International Energy Conservation Code from which the deviation is

sought; and

     (c) Include an explanation of how the deviation

will not lessen the effective energy-efficiency requirements of the International

Energy Conservation Code.

     3.  The Director will consider each petition

submitted pursuant to this section and will, within 30 days after the date on

which a petition is filed with the Director, issue an order granting or denying

the petition or setting a date for a hearing on the petition.

     4.  If the Director issues an order setting a

date for a hearing on a petition submitted pursuant to this section, the

Director may request additional information from the petitioner and will issue

an order granting or denying the petition within 120 days after the date of the

hearing.

     5.  The Director will not approve a petition

submitted pursuant to this section if the deviation would result in energy

efficiency requirements which are less stringent than the requirements set

forth in the International Energy Conservation Code.

     (Added to NAC by Office of Energy by R024-11, 12-30-2011,

eff. 7-1-2012)

      NAC 701.205  International Energy Conservation Code: Petition for

climatically appropriate modification of standard or different climate zone

designation. (NRS

701.220)

     1.  The governing body of a local government

that is authorized by law to adopt and enforce a building code may submit a

written petition to the Director requesting a determination by the Director

that:

     (a) A climatically appropriate modification of one

or more standards set forth in the International Energy Conservation Code;

or

     (b) A climate zone designation which differs from

the climate zone designation set forth in the International Energy

Conservation Code,

Ê is necessary

to establish uniform standards for energy efficiency within the jurisdiction of

the local government.

     2.  The Director will consider each petition

submitted pursuant to this section and will, within 30 days after the date on

which a petition is filed with the Director, issue an order granting or denying

the petition or setting a date for a hearing on the petition.

     3.  If the Director issues an order setting a

date for a hearing on a petition submitted pursuant to this section, the

Director may request additional information from the petitioner and will issue

an order granting or denying the petition within 120 days after the date of the

hearing.

     (Added to NAC by Office of Energy by R024-11, 12-30-2011,

eff. 7-1-2012)

      NAC 701.215  International Energy Conservation Code: Petition for

allowance in design and construction. (NRS 701.220)

     1.  A person who designs or constructs a

building may submit a petition to the governing body of a local government for

an allowance in design and construction from the International Energy

Conservation Code for the installation of any renewable energy system that

will supply all or part of the energy required in the building.

     2.  A petition submitted pursuant to

subsection 1 must comply with any requirements for the submission of such

petitions established by the governing body of the local government or, if no

such requirements exist, must:

     (a) Be in writing;

     (b) State the specific provisions of the International

Energy Conservation Code from which an allowance is sought; and

     (c) Include a detailed description of the renewable

energy system which the petitioner seeks to install.

     3.  The governing body of the local

government shall consider each petition submitted pursuant to subsection 1 and

shall, within 30 days after the date on which a petition is filed with the

governing body of the local government, issue a decision granting or denying

the petition or setting a date for a hearing on the petition.

     4.  If the governing body of a local

government issues a decision setting a date for a hearing on a petition

submitted pursuant to subsection 1, the governing body of the local government

shall issue an order granting or denying the petition within 120 days after the

date of the hearing.

     5.  A petitioner whose petition submitted pursuant

to subsection 1 is denied by the governing body of a local government may

submit a petition to the Director requesting the Director to overturn the

denial.

     6.  A petition submitted to the Director

pursuant to subsection 5 must:

     (a) Be in writing;

     (b) State the specific provisions of the International

Energy Conservation Code from which an allowance is sought;

     (c) Include a detailed description of the renewable

energy system which the petitioner seeks to install;

     (d) Include the name of the governing body of the

local government which denied the petition submitted pursuant to subsection 1;

     (e) Include the date of the denial of the petition;

and

     (f) Include a copy of the decision or order issued

by the governing body of the local government denying the petition.

     7.  The Director will consider each petition

submitted pursuant to subsection 5 and will, within 30 days after the date on

which a petition is filed with the Director, issue an order granting or denying

the petition or setting a date for a hearing on the petition.

     8.  If the Director issues an order setting a

date for a hearing on a petition submitted pursuant to subsection 5, the

Director will issue an order granting or denying the petition within 120 days

after the date of the hearing.

     (Added to NAC by Office of Energy by R024-11, 12-30-2011,

eff. 7-1-2012)

      NAC 701.225  Petition for exemption from provision of International Energy

Conservation Code or certain regulations. (NRS 701.220)

     1.  A person who owns a building which is

subject to the International Energy Conservation Code and the provisions

of NAC 701.010 to 701.245,

inclusive, may submit a petition to the governing body of a local government

requesting an exemption from one or more provisions of the International

Energy Conservation Code or one or more provisions of NAC 701.010 to 701.245,

inclusive.

     2.  A petition submitted pursuant to

subsection 1 must comply with any requirements for the submission of such

petitions established by the governing body of the local government or, if no

such requirements exist, must:

     (a) Be in writing;

     (b) State the specific provision or provisions of

the International Energy Conservation Code or NAC

701.010 to 701.245, inclusive, from which the

exemption is sought; and

     (c) Include an explanation of why the application

of the provision or provisions to the applicant’s building would not accomplish

the purpose of the provision or provisions.

     3.  The governing body of the local

government shall consider each petition submitted pursuant to subsection 1 and

shall, within 30 days after the date on which a petition is filed with the

governing body of the local government, issue a decision granting or denying

the petition or setting a date for a hearing on the petition.

     4.  If the governing body of a local

government issues a decision setting a date for a hearing on a petition

submitted pursuant to subsection 1, the governing body of the local government

shall issue an order granting or denying the petition within 120 days after the

date of the hearing.

     5.  A petitioner whose petition submitted

pursuant to subsection 1 is denied by the governing body of a local government

may submit a petition to the Director requesting the Director to overturn the

decision of the governing body of the local government.

     6.  A petition submitted to the Director

pursuant to subsection 5 must:

     (a) Be in writing;

     (b) State the specific provision or provisions of

the International Energy Conservation Code or NAC

701.010 to 701.245, inclusive, from which the

exemption is sought;

     (c) Include an explanation of why the application

of the provision or provisions to the applicant’s building would not accomplish

the purpose of the provision or provisions;

     (d) Include the name of the governing body of the

local government which denied the petition submitted pursuant to subsection 1;

     (e) Include the date of the denial of the petition;

and

     (f) Include a copy of the decision or order issued

by the governing body of the local government denying the petition.

     7.  The Director will consider each petition

submitted pursuant to subsection 5 and will, within 30 days after the date on

which a petition is filed with the Director, issue an order granting or denying

the petition or setting a date for a hearing on the petition.

     8.  If the Director issues an order setting a

date for a hearing on a petition submitted pursuant to subsection 5, the

Director may request additional information from the petitioner and will issue

an order granting or denying the petition within 120 days after the date of the

hearing.

     (Added to NAC by Office of Energy by R024-11, 12-30-2011,

eff. 7-1-2012)

      NAC 701.235  Duties of governing body of local government upon adoption of

standard more stringent than International Energy Conservation Code or

certain regulations. (NRS 701.220)  The

governing body of a local government that is authorized by law to adopt and

enforce a building code shall, upon the adoption of any standard that is more

stringent than the requirements of the International Energy Conservation

Code or NAC 701.010 to 701.245,

inclusive, file with the Director:

     1.  A copy of the standard adopted by the

governing body of the local government;

     2.  A copy of the order, ordinance or other

decision of the governing body of the local government by which the standard

was adopted; and

     3.  A brief description and justification of

the standard on a form provided by the Director.

     (Added to NAC by Office of Energy by R024-11, 12-30-2011,

eff. 7-1-2012)

      NAC 701.245  Certification of buildings subject to International Energy

Conservation Code and certain regulations.

(NRS 701.220)

     1.  A building that is subject to the

standards set forth in the International Energy Conservation Code and

the requirements of NAC 701.010 to 701.245, inclusive, must be certified as complying

with those standards and requirements by one of the following methods:

     (a) The building may be certified by a certified or

licensed third party who acts on behalf of the State or the governing body of

the local government and who may be retained by the person who is responsible

for the construction of the building;

     (b) The building may be certified by an appropriate

state or local government entity; or

     (c) If the building cannot be certified in the

manner described in paragraph (a) or (b), the person who is responsible for the

construction of the building may provide the information required and make the

certification on a self-reporting form provided by the Director.

     2.  The person responsible for the

construction of a building shall maintain the original copy of any document or

record which establishes that the building complies with the standards set

forth in the International Energy Conservation Code and the requirements

of NAC 701.010 to 701.245,

inclusive, for a period of not less than 3 years after the date on which the

certification was made and shall provide a certified copy of each such document

or record to the governing body of the local government.

     (Added to NAC by Office of Energy by R024-11, 12-30-2011,

eff. 7-1-2012)

ACCOUNT FOR RENEWABLE ENERGY, ENERGY EFFICIENCY AND ENERGY

CONSERVATION LOANS

      NAC 701.600  Definitions. (NRS 701.595)  As used

in NAC 701.600 to 701.700,

inclusive, the words and terms defined in NAC 701.605

to 701.655, inclusive, have the meanings ascribed

to them in those sections.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.605  “Account” defined. (NRS 701.595)  “Account”

means the Account for Renewable Energy, Energy Efficiency and Energy

Conservation Loans created by NRS

701.575.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.610  “American Recovery and Reinvestment Act” defined. (NRS 701.595)  “American

Recovery and Reinvestment Act” means the American Recovery and Reinvestment Act

of 2009, Public Law 111-5.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.615  “Construction” defined. (NRS 701.595)  “Construction”

has the meaning ascribed to it in NRS

701.555.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.620  “Director” defined. (NRS 701.595)  “Director”

means the Director of the Office of Energy.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.625  “Disadvantaged community” defined. (NRS 701.595)  “Disadvantaged

community” means a county, city or defined service area in which the median

household income is less than 80 percent of the statewide median household

income, as determined by the most recent data from the United States Census

Bureau or by income surveys.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.626  “Energy conservation project” defined. (NRS 701.595)  “Energy

conservation project” has the meaning ascribed to it in NRS 701.557.

     (Added to NAC by Office of Energy by R063-11, eff. 2-15-2012)

      NAC 701.6265  “Energy efficiency project” defined. (NRS 701.595)  “Energy

efficiency project” has the meaning ascribed to it in NRS 701.558.

     (Added to NAC by Office of Energy by R063-11, eff. 2-15-2012)

      NAC 701.629  “Larger energy conservation project” defined. (NRS 701.590, 701.595)  “Larger

energy conservation project” means an energy conservation project which:

     1.  Is for a facility which is 50,000 square

feet or more;

     2.  Has a total project cost of $120,000 or

more; and

     3.  Significantly improves the energy

conservation within the facility.

     (Added to NAC by Office of Energy by R063-11, eff. 2-15-2012)

      NAC 701.6293  “Larger energy efficiency project” defined. (NRS 701.590, 701.595)  “Larger

energy efficiency project” means an energy efficiency project which:

     1.  Is for a facility which is 50,000 square

feet or more;

     2.  Has a total project cost of $120,000 or

more; and

     3.  Significantly improves the energy

efficiency of the facility.

     (Added to NAC by Office of Energy by R063-11, eff. 2-15-2012)

      NAC 701.6296  “Larger renewable energy system” defined. (NRS 701.590, 701.595)  “Larger

renewable energy system” means a renewable energy system that has a generating

capacity greater than 1 megawatt.

     (Added to NAC by Office of Energy by R063-11, eff. 2-15-2012)

      NAC 701.630  “Net metering system” defined. (NRS 701.595)  “Net

metering system” has the meaning ascribed to it in NRS 704.771.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.635  “Person” defined. (NRS 701.595)  “Person”

includes a public entity.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.640  “Project” defined. (NRS 701.595)  “Project”

means:

     1.  The construction or expansion of a

renewable energy system.

     2.  The construction of an energy

conservation project.

     3.  The construction of an energy efficiency

project.

     4.  The manufacturing of components of a

renewable energy system.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010;

A by R063-11, 2-15-2012)

      NAC 701.645  “Public entity” defined. (NRS 701.595)  “Public

entity” means a department, agency or instrumentality of the State or any of

its political subdivisions.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.650  “Renewable energy” defined. (NRS 701.595)  “Renewable

energy” has the meaning ascribed to it in NRS 704.7811.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.655  “Renewable energy system” defined. (NRS 701.595)  “Renewable

energy system” has the meaning ascribed to it in NRS 701.570.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.660  Purpose of Account. (NRS 701.595)

     The purpose of the Account is to provide

below-market-rate financing, at an interest rate not to exceed 3 percent, to

qualified applicants for projects which comply with the requirements of the

American Recovery and Reinvestment Act and which meet the qualifications set

forth in NRS 701.545 to 701.595, inclusive, and NAC 701.600 to 701.700,

inclusive.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010;

A by R063-11, 2-15-2012)

      NAC 701.665  Contracts for certain expert services. (NRS 701.595)  The

Director will, to the extent money is available for such purposes, enter into

contracts to procure such expert technical and financial management services or

other services as the Director determines are necessary to carry out the

provisions of NAC 701.600 to 701.700,

inclusive.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

      NAC 701.670  Eligibility for loan and financing from Account. (NRS 701.595)

     1.  Except as otherwise provided in this

section, the owner or operator of a project may apply for a loan from the

Account.

     2.  To be eligible for financing from the

Account, the owner or operator of a project must submit a complete application

to the Director and the Director must determine that the applicant is qualified

to receive financing from the Account.

     3.  The following activities are not eligible

for financing from the Account:

     (a) Research or general planning;

     (b) Refinancing of existing debt;

     (c) Purchase of land or water rights; or

     (d) Operation and maintenance.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010;

A by R063-11, 2-15-2012)

      NAC 701.675  Applications for financing of projects. (NRS 701.595)

     1.  The Director will solicit applications

for the financing of projects. The solicitations will be made available to

interested parties and posted on the Internet website of the Office of Energy

at http://energy.state.nv.us. The solicitations may specify the amount

of financing available, the allocation of financing to categories of

applicants, such as natural persons, schools, public entities and small

businesses, and the minimum and maximum amounts of individual loans within each

category.

     2.  Each application for financing through

the Account must be submitted on a form prescribed by the Director and must

include:

     (a) The name, address and telephone number of the

applicant or the legal representative of the applicant.

     (b) A narrative description of the proposed

project.

     (c) An estimate of the time required to recover the

project cost.

     (d) An estimate of the amount of reduction in

emission of greenhouse gases as a result of the project.

     (e) An estimate of the number of jobs that will be

created or retained as a result of the project.

     (f) Maps of appropriate scale to show clearly the

location of the proposed project with respect to other identifiable

topographical or geographical features in the area of the project.

     (g) A complete and legible legal description of the

location of the project, including the assessor’s parcel number.

     (h) Proof of ownership, rights-of-way, easements or

agreements showing that the applicant holds or is able to acquire all land,

other than public land, or acquire interests therein and any water rights

necessary for the construction of the proposed project.

     (i) A description of how the project complies with

all applicable planning and zoning requirements.

     (j) An itemized estimate of the total cost of the

project and the amount of financing requested. If an estimate of the total cost

of the project has been prepared by a professional, the application must

include a copy of that estimate.

     (k) A statement of any other anticipated sources of

funding for the project from this State, another state, a federal agency, the

qualified applicant’s capital or any other source.

     (l) If the applicant is a public entity, the median

household income for the community or area that will be served by the project

or for the city or county in which the project is located, including, without

limitation, the source of that information.

     (m) A preliminary project schedule that provides a

timetable for:

          (1) The advertising and opening of bids for

the project;

          (2) Each construction phase of the project,

from planning and permitting to completion and commencement of operation of the

project; and

          (3) The estimated schedule of progress

payments to the contractor and other costs related to the disbursement of

money.

     (n) Information sufficient to demonstrate the means

by which any loan made by the Director from the Account will be repaid. If the

applicant is a public entity, this information must include, as applicable,

orders or resolutions specifying the method of loan repayment from the

appropriate governing board, regulatory agency or local governing body and copies

of current capital improvement plans and debt management policies as provided

to the Department of Taxation pursuant to chapter

350 of NRS and any applicable regulations. If the applicant is not a public

entity, the applicant shall provide:

          (1) Annual financial statements for the 3

years immediately preceding the application for each applicant and co-applicant

or guarantor, if any;

          (2) A reference from a bank, at least three

direct credit references and authorization for the Director to access and use

personal and commercial credit reports in the loan decision process;

          (3) Any necessary legal documents; and

          (4) Any other information required by the

Director to demonstrate the means by which the applicant intends to repay the

loan.

     (o) Institutional, management and contractual

arrangements required for successful implementation of the project.

     (p) A report on the status of the process of

environmental review for the project, if applicable.

     (q) A list of any required permits and a schedule

of when those permits will be obtained.

     (r) Security, collateral or information concerning

any co-applicant or guarantor for the loan, as required by the Director.

     (s) A copy of the articles of incorporation or

organizational documents of the applicant, a certificate of good standing

provided by the Secretary of State, a copy of the contractor’s license of any

contractor who will perform any work on the project and proof of general

liability, workers’ compensation and course of construction insurance

maintained by the applicant.

     (t) Any other information the Director determines

is necessary.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010;

A by R063-11, 2-15-2012)

      NAC 701.680  Review of applications; denial. (NRS 701.595)

     1.  The Director will review each application

submitted pursuant to NAC 701.675 for completeness.

An application that is incomplete will be returned to the applicant and may be

resubmitted. The Director will deny an application if the Director determines

that:

     (a) The project or applicant does not meet the

eligibility requirements set forth in NAC 701.670;

     (b) The project is not feasible;

     (c) The applicant is unable to provide necessary

collateral to secure the loan;

     (d) The applicant lacks the technical, managerial

or financial capability to carry out the project and repay the loan; or

     (e) The applicant is unable or unwilling to comply

with the requirements, terms or conditions of the loan or the loan approval

process.

     2.  If the Director denies an application,

the Director will provide written notice to the applicant of the denial of the

application and the reason for the denial.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010;

A by R063-11, 2-15-2012)

      NAC 701.685  Evaluation and prioritization of applications submitted by

qualified applicants: Criteria; approval by Interim Finance Committee. (NRS 701.590, 701.595)

     1.  The Director will evaluate and prioritize

the applications submitted by qualified applicants based on the following

criteria:

     (a) Job creation as a result of the qualified

applicant’s project relative to the cost of the project;

     (b) Renewable energy generation, energy saved,

efficiency increased or renewable energy system components manufactured

relative to the cost of the qualified applicant’s project;

     (c) Reduction of the use of fossil fuels and the

emission of greenhouse gases relative to the cost of the qualified applicant’s

project;

     (d) Leveraging of additional financial resources,

the availability of full financing, the proposed repayment schedule and the

reliability of sources of repayment of the loan;

     (e) Readiness of the qualified applicant’s project

to proceed, the quality of the management of the project and the expected

duration of the project; and

     (f) Loan amount and availability of money from the

Account to meet the needs of the qualified applicant.

     2.  The Director will give preference to

larger energy conservation projects, larger energy efficiency projects and

larger renewable energy systems.

     3.  The Director will request approval from

the Interim Finance Committee to make loans of money from the Account. Upon

approval by the Interim Finance Committee, the Director will post a list of the

qualified applicants on the Internet website of the Office of Energy at http://energy.state.nv.us.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010;

A by R063-11, 2-15-2012)

      NAC 701.690  Loans: Offers; requirements for loan documents; terms; interest

rate. (NRS

701.595)

     1.  The Director may offer loans according to

the priority established by the Director until money available from the Account

is fully committed. Each loan offer will have an expiration date determined by

the Director. If a qualified applicant who receives a loan offer does not

execute the loan documents to the satisfaction of the Director before the

expiration date of the loan offer, the qualified applicant may lose his or her

opportunity to receive a loan from the Account.

     2.  Loans will be documented according to the

unique characteristics of each loan. The loan documents for each loan must be:

     (a) Prepared by the Director;

     (b) Approved by the Attorney General; and

     (c) Executed by all parties in a form and manner

acceptable to the Director before the Director will make a loan from the

Account.

     3.  The term of a loan will be determined by

the Director but will not exceed 15 years.

     4.  The interest rate for all loans will be

set by the Director, but will not exceed 3 percent. The Director may offer a

lower interest rate to a qualified applicant who is a public entity if the

project is located in a disadvantaged community.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010;

A by R063-11, 2-15-2012)

      NAC 701.695  Recordkeeping and accounting requirements for qualified

applicants who receive loans. (NRS 701.595)  Each

qualified applicant who receives a loan from the Account shall:

     1.  Establish a dedicated file for the

project. The file must contain an adequate record of all significant actions

relating to the project.

     2.  Establish accounts that accurately and

adequately show all amounts of money:

     (a) Received as financial assistance from the

Account;

     (b) Received and spent on the project; and

     (c) Received as income from the project.

     3.  Establish a system of accounting which

ensures that the final total costs of the project, including all direct and

indirect costs, are recorded accurately.

     4.  Establish and maintain such other

accounts and records as are required by the Director and required for

compliance with the requirements for reporting established by the Federal

Government.

     5.  Retain all records relating to the

project for at least 3 years after final repayment of financial assistance has

been made or for any longer period required by the Director.

     6.  Make any records relating to the project

available at any reasonable time for inspection or copying by any authorized

representative of the Director.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010;

A by R063-11, 2-15-2012)

      NAC 701.700  Audits. (NRS 701.595)

     1.  If an audit is required by federal law or

by an agency of the Federal Government, or if the Director determines that an

audit is necessary to ensure the integrity of the Account, the Director may

require that an audit be performed of the records relating to a project.

     2.  Any audit required pursuant to this

section must be performed at the expense of the qualified applicant by an

appropriate professional or expert who is independent of the qualified

applicant.

     3.  A report of the audit must be prepared by

the auditor in the form prescribed by the Director.

     (Added to NAC by Office of Energy by R161-09, eff. 6-30-2010;

A by R063-11, 2-15-2012)

ENERGY

DEVELOPMENT PROJECTS

      NAC 701.800  “Applicant” defined. (NRS 701.610)  As used

in NAC 701.800 to 701.820,

inclusive, unless the context otherwise requires, “applicant” means a person

who is required to file a notice pursuant to NRS 701.610.

     (Added to NAC by Dep’t of Wildlife by R038-11, eff. 3-9-2012)

      NAC 701.805  Required contents of notice of project; notice of substantial

change in scope or design of project. (NRS 701.610)

     1.  In addition to the information that is

required to be included with a notice filed pursuant to NRS 701.610, the notice must

include:

     (a) The name, physical address, telephone number

and, if applicable, the electronic mail address of the applicant;

     (b) The name, physical address, telephone number

and, if applicable, the electronic mail address of the company, and at least

one officer of the company, on behalf of which the notice is filed;

     (c) The name of the proposed energy development project;

     (d) A description and preliminary map of the

proposed energy development project;

     (e) The infrastructure requirements of the proposed

energy development project, including, without limitation, an estimate of the

amount of power, fuel, communication lines, access roads, rail lines and water

use that will be required to complete the project;

     (f) An estimate of the design voltage of any power

lines which are required for the proposed energy development project;

     (g) An estimate of the net maximum generating

capacity of the proposed energy development project upon completion;

     (h) A proposed schedule of project activities which

identifies the estimated dates during which each project activity will occur

and the duration of each activity; and

     (i) Any other information that is required by the

Department of Wildlife.

     2.  An applicant shall provide notice of any

substantial change in the scope or design of a proposed energy development

project to the Department of Wildlife concurrently with any notice of such a

change which is provided to the Federal Government, the Public Utilities

Commission of Nevada or any county in this State.

     (Added to NAC by Dep’t of Wildlife by R038-11, eff. 3-9-2012)

      NAC 701.810  Submission of initial deposit and additional payment for

reimbursement costs. (NRS 701.610)

     1.  An applicant must, at the time the

applicant files a notice pursuant to NRS

701.610, submit to the Department of Wildlife with his or her notice an

initial deposit toward reimbursement costs in the amount of:

     (a) For a proposed energy development project which

is a geothermal project, $5,000.

     (b) For a proposed energy development project which

is a power line project with a voltage of 50 kilovolts or more and which is

less than 50 miles in length, $5,000.

     (c) For a proposed energy development project other

than a project identified in paragraph (a) or (b), $10,000.

     2.  The Department of Wildlife shall, not

later than 30 days after the receipt of a notice filed pursuant to NRS 701.610 and an initial deposit

collected pursuant to subsection 1, provide to the applicant a written estimate

of anticipated additional reimbursement costs.

     3.  Except as otherwise provided in

subsection 7, the Department of Wildlife may, upon consideration of the

activity and progress of a project, request a payment from an applicant each

quarter to apply toward reimbursement costs which is in addition to the initial

deposit submitted by the applicant pursuant to subsection 1. An applicant shall

submit a payment requested pursuant to this subsection to the Department not

later than 30 days after the applicant receives the request for payment by the

Department.

     4.  An initial deposit or additional payment

submitted by an applicant pursuant to subsection 1 or 3 must be in the form of

an electronic wire transfer to the Department of Wildlife or a check made

payable to the Nevada Department of Wildlife.

     5.  The Department of Wildlife shall, upon

written request, provide to an applicant:

     (a) A quarterly expense statement which specifies

how the initial deposit and any additional payments submitted by the applicant

pursuant to subsection 1 or 3 have been spent; and

     (b) A statement which identifies the balance of

funds of the applicant.

     6.  The Department of Wildlife shall return

to an applicant any unused portion of an initial deposit or additional payment

submitted pursuant to subsection 1 or 3 not later than 60 days after the

Department:

     (a) Completes the review of the proposed energy

development project; or

     (b) Receives notice from the applicant that the

energy development project has been cancelled.

     7.  The Department of Wildlife shall not

collect cumulatively more than $100,000 in reimbursement costs from an

applicant for a proposed energy development project for which a notice is filed

pursuant to NRS 701.610.

     8.  As used in this section, “reimbursement

costs” means the actual costs incurred by the Department of Wildlife for

providing to the Federal Government, the Public Utilities Commission of Nevada,

an applicant or any county in this State any information relating to any

wildlife or wildlife habitat based on the location of a proposed energy

development project for which a notice is filed pursuant to NRS 701.610.

     (Added to NAC by Dep’t of Wildlife by R038-11, eff. 3-9-2012)

      NAC 701.815  Use of money in Energy Planning and Conservation Fund. (NRS 701.610, 701.630)  The

Department of Wildlife may use money in the Energy Planning and Conservation

Fund for any program or project which:

     1.  Is in accordance with the State Wildlife

Action Plan;

     2.  Is for a purpose described in subsection

4 of NRS 701.630; and

     3.  Includes one or more of the following

components:

     (a) The conducting of inventories of fish, wildlife

or habitats for inclusion in a geographic information system database;

     (b) The monitoring of fish or wildlife populations

or habitats to support planning, status determination and impact assessment;

     (c) The mapping of fish and wildlife habitats,

potential fish and wildlife habitats and fish and wildlife occurrences to

support the development and maintenance of databases of such information;

     (d) The maintenance, database development and

infrastructure support of geographic information systems;

     (e) The implementation of conservation projects

designed to establish or enhance fish or wildlife populations or habitats; or

     (f) The use of money from the Fund to match money

provided through grants, projects or programs provided or established by the

Federal Government.

     (Added to NAC by Dep’t of Wildlife by R038-11, eff. 3-9-2012)

      NAC 701.820  Request for hearing; judicial review. (NRS 701.610, 701.630)

     1.  Any person who is aggrieved by a decision

of the Department of Wildlife pursuant to NRS 701.610 or 701.640 or NAC

701.810 may, not later than 20 days after the issuance of the decision,

submit to the Director of the Department a written request for a hearing.

     2.  If the Director of the Department of

Wildlife receives a written request for a hearing pursuant to subsection 1, the

Director shall:

     (a) Set a hearing not later than 60 days after the

request is received; and

     (b) Provide all interested parties written notice

of the hearing by certified mail at least 10 days before the hearing.

     3.  All determinations, findings and

conclusions of the Director of the Department of Wildlife at a hearing held

pursuant to subsection 2 are final. Any person who is aggrieved by a final

decision of the Director at a hearing held pursuant to subsection 2 is entitled

to judicial review of the decision in the manner provided by chapter 233B of NRS.

     (Added to NAC by Dep’t of Wildlife by R038-11, eff. 3-9-2012)
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