[Rev. 11/21/2013 1:22:13
PM--2013]
CHAPTER 702 - ENERGY ASSISTANCE
GENERAL PROVISIONS
NRS 702.010 Definitions.
NRS 702.020 “Calendar
quarter” defined.
NRS 702.030 “Commission”
defined.
NRS 702.035 “Division
of Welfare and Supportive Services” defined.
NRS 702.040 “Fund”
defined.
NRS 702.050 “Housing
Division” defined.
NRS 702.060 “Municipal
utility” defined.
NRS 702.070 “Person”
defined.
NRS 702.080 “Public
utility” defined.
NRS 702.090 “Retail
customer” defined.
NRS 702.100 “Universal
energy charge” defined.
UNIVERSAL ENERGY CHARGE
NRS 702.150 Applicability;
exemptions for certain retail customers; limitations on receipt of assistance
by certain retail customers.
NRS 702.160 Amount
of charge; duty to pay; exemptions for certain activities; collection; duties
of public utilities and municipal utilities; duties of certain retail customers;
cap; refunds.
NRS 702.170 Powers
and duties of Commission; regulations and enforcement; reports; audits and
investigations; administrative charge; deposit of money; civil action for
recovery of money.
PROGRAMS OF ENERGY ASSISTANCE
NRS 702.250 Fund
for Energy Assistance and Conservation: Creation; administration of Fund by
Division of Welfare and Supportive Services; distribution of money in Fund.
NRS 702.260 Programs
to assist eligible households in paying for natural gas and electricity; powers
and duties of Division of Welfare and Supportive Services; administrative
expenses; criteria for eligibility; emergency assistance; regulations.
NRS 702.270 Programs
of energy conservation, weatherization and energy efficiency for eligible
households; powers and duties of Housing Division; administrative expenses;
criteria for eligibility; emergency assistance; regulations.
NRS 702.275 Reports
on unspent and unencumbered money in Fund; distribution of portion of such
money for programs of energy conservation, weatherization and energy efficiency
for eligible households; administrative expenses.
NRS 702.280 Coordination
and evaluation of programs; duties of Division of Welfare and Supportive
Services and Housing Division; submission of report to Governor, Legislative
Commission and Interim Finance Committee.
_________
GENERAL PROVISIONS
NRS 702.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 702.020 to 702.100, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2001, 3231)
NRS 702.020 “Calendar quarter” defined. “Calendar
quarter” means each period of 3 consecutive calendar months ending on March 31,
June 30, September 30 and December 31 in each calendar year.
(Added to NRS by 2001, 3231)
NRS 702.030 “Commission” defined. “Commission”
means the Public Utilities Commission of Nevada.
(Added to NRS by 2001, 3231)
NRS 702.035 “Division of Welfare and Supportive Services” defined. “Division of Welfare and Supportive Services”
means the Division of Welfare and Supportive Services of the Department of
Health and Human Services.
(Added to NRS by 2001, 3232)—(Substituted
in revision for NRS 702.110)
NRS 702.040 “Fund” defined. “Fund”
means the Fund for Energy Assistance and Conservation created by NRS 702.250.
(Added to NRS by 2001, 3231)
NRS 702.050 “Housing Division” defined. “Housing
Division” means the Housing Division of the Department of Business and
Industry.
(Added to NRS by 2001, 3231)
NRS 702.060 “Municipal utility” defined. “Municipal
utility” includes, without limitation:
1. A utility established pursuant to chapter 709 or 710
of NRS.
2. Any other utility that is owned,
operated or controlled by a county, city or other local governmental entity.
(Added to NRS by 2001, 3231)
NRS 702.070 “Person” defined. “Person”
means:
1. A natural person;
2. Any form of business or social
organization and any other nongovernmental legal entity, including, without
limitation, a corporation, partnership, association, trust or unincorporated
organization;
3. A government or an agency or
instrumentality of a government, including, without limitation, this state or
an agency or instrumentality of this state; and
4. A political subdivision of this state
or of any other government or an agency or instrumentality of a political
subdivision of this state or of any other government.
(Added to NRS by 2001, 3231)
NRS 702.080 “Public utility” defined. “Public
utility” has the meaning ascribed to it in NRS
704.020 and 704.021.
(Added to NRS by 2001, 3231)
NRS 702.090 “Retail customer” defined.
1. “Retail customer” means an end-use
customer that purchases natural gas or electricity for consumption in this
state.
2. The term includes, without limitation:
(a) A residential, commercial or industrial end-use
customer that purchases natural gas or electricity for consumption in this
state, including, without limitation, an eligible customer that purchases
electricity for consumption in this state from a provider of new electric
resources pursuant to the provisions of chapter
704B of NRS.
(b) A landlord of a mobile home park or owner of
a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.
(c) A landlord who pays for natural gas or
electricity that is delivered through a master meter and who distributes or
resells the natural gas or electricity to one or more tenants for consumption
in this state.
3. The term does not include this state, a
political subdivision of this state or an agency or instrumentality of this
state or political subdivision of this state when it is an end-use customer
that purchases natural gas or electricity for consumption in this state,
including, without limitation, when it is an eligible customer that purchases
electricity for consumption in this state from a provider of new electric
resources pursuant to the provisions of chapter
704B of NRS.
(Added to NRS by 2001, 3231)
NRS 702.100 “Universal energy charge” defined. “Universal
energy charge” means the charge imposed pursuant to NRS
702.160.
(Added to NRS by 2001, 3232)
UNIVERSAL ENERGY CHARGE
NRS 702.150 Applicability; exemptions for certain retail customers;
limitations on receipt of assistance by certain retail customers.
1. The provisions of NRS 702.160 do not apply to any therm of natural gas
or any kilowatt-hour of electricity that a retail customer purchases from:
(a) A rural electric cooperative established
pursuant to chapter 81 of NRS.
(b) A general improvement district established
pursuant to chapter 318 of NRS.
(c) A cooperative association, nonprofit
corporation, nonprofit association or provider of service which is declared to
be a public utility pursuant to NRS 704.673
and which provides service only to its members.
2. If a retail customer is exempted from
paying the universal energy charge pursuant to subsection 1, the retail customer
may not receive money or other assistance from:
(a) The Division of Welfare and Supportive
Services pursuant to NRS 702.260 for any utility
service for which the retail customer is exempted from paying the universal
energy charge; or
(b) The Housing Division pursuant to NRS 702.270.
(Added to NRS by 2001, 3232)
NRS 702.160 Amount of charge; duty to pay; exemptions for certain
activities; collection; duties of public utilities and municipal utilities;
duties of certain retail customers; cap; refunds.
1. Except as otherwise provided in this
section and NRS 702.150, each retail customer shall
pay:
(a) A universal energy charge of 3.30 mills on
each therm of natural gas that the retail customer purchases from another
person for consumption in this State; and
(b) A universal energy charge of 0.39 mills on
each kilowatt-hour of electricity that the retail customer purchases from
another person for consumption in this State.
2. The provisions of subsection 1 do not
apply to:
(a) Any therm of natural gas used as a source of
energy to generate electricity.
(b) Any kilowatt-hour of electricity used in
industries utilizing electrolytic-manufacturing processes.
3. If a retail customer uses the
distribution services of a public utility or municipal utility to acquire
natural gas or electricity that is subject to the universal energy charge, the
public utility or municipal utility providing the distribution services shall:
(a) Collect the universal energy charge from each
such retail customer;
(b) Ensure that the universal energy charge is
set forth as a separate item or entry on the bill of each such retail customer;
and
(c) Not later than 30 days after the end of each
calendar quarter, remit to the Commission the total amount of money collected
by the public utility or municipal utility for the universal energy charge for
the immediately preceding calendar quarter.
4. If a retail customer does not use the
distribution services of a public utility or municipal utility to acquire
natural gas or electricity that is subject to the universal energy charge, not
later than 30 days after the end of each calendar quarter, the retail customer
shall remit to the Commission the total amount of money owed by the retail
customer for the universal energy charge for the immediately preceding calendar
quarter.
5. If, during a calendar quarter, a single
retail customer or multiple retail customers under common ownership and control
pay, in the aggregate, a universal energy charge of more than $25,000 for all
consumption of natural gas and electricity during the calendar quarter, such
retail customers are entitled to a refund, for that calendar quarter, of the
amount of the universal energy charge that exceeds $25,000. To receive a refund
pursuant to this section, not later than 90 days after the end of the calendar
quarter for which the refund is requested, such retail customers must file with
the Commission a request for a refund. If a request for a refund is filed with
the Commission:
(a) The Commission shall determine and certify
the amount of the refund; and
(b) The refund must be paid as other claims
against the State are paid from money in the Fund.
(Added to NRS by 2001, 3232)
NRS 702.170 Powers and duties of Commission; regulations and enforcement;
reports; audits and investigations; administrative charge; deposit of money;
civil action for recovery of money.
1. The Commission shall adopt regulations
to carry out and enforce the provisions of NRS 702.160.
Such regulations may require public utilities, municipal utilities and retail
customers that are required to collect or remit money for the universal energy
charge to file reports and to provide the Commission with information relating
to compliance with the requirements of the universal energy charge.
2. In carrying out the provisions of NRS 702.160, the Commission shall solicit advice from
the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of
the Attorney General, public utilities and municipal utilities and other
knowledgeable persons.
3. The Commission may conduct audits and
investigations of public utilities, municipal utilities and retail customers
that are required to collect or remit money for the universal energy charge, if
the Commission determines that such audits and investigations are necessary to
verify compliance with the requirements of the universal energy charge. In
conducting such audits and investigations, the Commission may exercise any of
the investigative powers granted to the Commission pursuant to chapter 703 of NRS, including, without
limitation, the power to issue orders to compel the appearance of witnesses and
the production of books, accounts, papers and records.
4. To carry out its powers and duties
pursuant to this chapter, the Commission is entitled to an administrative
charge of not more than 3 percent of the money collected for the universal
energy charge. After deduction of its administrative charge, the Commission
shall deposit the remaining money collected for the universal energy charge in
the State Treasury for credit to the Fund.
5. The Commission may bring an appropriate
action in its own name for recovery of any money that a person fails to pay,
collect or remit in violation of the requirements of the universal energy
charge.
(Added to NRS by 2001, 3233)
PROGRAMS OF ENERGY ASSISTANCE
NRS 702.250 Fund for Energy Assistance and Conservation: Creation;
administration of Fund by Division of Welfare and Supportive Services;
distribution of money in Fund.
1. There is hereby created as a special
revenue fund in the State Treasury the Fund for Energy Assistance and
Conservation. The Division of Welfare and Supportive Services shall administer
the Fund.
2. In addition to the money that must be
credited to the Fund from the universal energy charge, all money received from
private or public sources to carry out the purposes of this chapter must be
deposited in the State Treasury for credit to the Fund.
3. The Division shall, to the extent
practicable, ensure that the money in the Fund is administered in a manner
which is coordinated with all other sources of money that are available for
energy assistance and conservation, including, without limitation, money
contributed from private sources, money obtained from the Federal Government
and money obtained from any agency or instrumentality of this State or
political subdivision of this State.
4. The interest and income earned on the
money in the Fund, after deducting any applicable charges, must be credited to
the Fund. All claims against the Fund must be paid as other claims against the
State are paid.
5. After deduction of any refunds paid from
the Fund pursuant to NRS 702.160, the money in the
Fund must be distributed pursuant to NRS 702.260, 702.270 and 702.275.
(Added to NRS by 2001, 3233; A 2007, 2975)
NRS 702.260 Programs to assist eligible households in paying for natural gas
and electricity; powers and duties of Division of Welfare and Supportive
Services; administrative expenses; criteria for eligibility; emergency
assistance; regulations.
1. Seventy-five percent of the money in
the Fund must be distributed to the Division of Welfare and Supportive Services
for programs to assist eligible households in paying for natural gas and
electricity. The Division may use not more than 5 percent of the money
distributed to it pursuant to this section for its administrative expenses.
2. Except as otherwise provided in NRS 702.150, after deduction for its administrative
expenses, the Division may use the money distributed to it pursuant to this
section only to:
(a) Assist eligible households in paying for
natural gas and electricity.
(b) Carry out activities related to consumer
outreach.
(c) Pay for program design.
(d) Pay for the annual evaluations conducted
pursuant to NRS 702.280.
3. Except as otherwise provided in
subsection 4, to be eligible to receive assistance from the Division pursuant
to this section, a household must have a household income that is not more than
150 percent of the federally designated level signifying poverty, as determined
by the Division.
4. The Division is authorized to render
emergency assistance to a household if an emergency related to the cost or
availability of natural gas or electricity threatens the health or safety of
one or more of the members of the household. Such emergency assistance may be
rendered upon the good faith belief that the household is otherwise eligible to
receive assistance pursuant to this section.
5. Before July 1, 2002, if a household is
eligible to receive assistance pursuant to this section, the Division shall
determine the amount of assistance that the household will receive by using the
existing formulas set forth in the state plan for low-income home energy
assistance.
6. On or after July 1, 2002, if a
household is eligible to receive assistance pursuant to this section, the
Division:
(a) Shall, to the extent practicable, determine
the amount of assistance that the household will receive by determining the
amount of assistance that is sufficient to reduce the percentage of the
household’s income that is spent on natural gas and electricity to the median
percentage of household income spent on natural gas and electricity statewide.
(b) May adjust the amount of assistance that the
household will receive based upon such factors as:
(1) The income of the household;
(2) The size of the household;
(3) The type of energy that the household
uses; and
(4) Any other factor which, in the
determination of the Division, may make the household particularly vulnerable
to increases in the cost of natural gas or electricity.
7. The Division shall adopt regulations to
carry out and enforce the provisions of this section and NRS
702.250.
8. In carrying out the provisions of this
section, the Division shall:
(a) Solicit advice from the Housing Division and
from other knowledgeable persons;
(b) Identify and implement appropriate delivery
systems to distribute money from the Fund and to provide other assistance
pursuant to this section;
(c) Coordinate with other federal, state and
local agencies that provide energy assistance or conservation services to
low-income persons and, to the extent allowed by federal law and to the extent
practicable, use the same simplified application forms as those other agencies;
(d) Establish a process for evaluating the
programs conducted pursuant to this section;
(e) Develop a process for making changes to such
programs; and
(f) Engage in annual planning and evaluation
processes with the Housing Division as required by NRS
702.280.
9. For the purposes of this section,
“eligible household” includes, without limitation:
(a) A tenant of a mobile home park subject to the
provisions of NRS 704.905 to 704.960, inclusive; and
(b) A tenant who purchases electricity from a
landlord as described in paragraph (c) of subsection 2 of NRS 702.090 based on the actual usage of electricity
by the tenant.
(Added to NRS by 2001, 3234; A 2005, 22nd
Special Session, 78; 2011, 1624)
NRS 702.270 Programs of energy conservation, weatherization and energy
efficiency for eligible households; powers and duties of Housing Division;
administrative expenses; criteria for eligibility; emergency assistance;
regulations.
1. Twenty-five percent of the money in the
Fund must be distributed to the Housing Division for programs of energy
conservation, weatherization and energy efficiency for eligible households. The
Housing Division may use not more than 6 percent of the money distributed to it
pursuant to this section for its administrative expenses.
2. Except as otherwise provided in NRS 702.150, after deduction for its administrative
expenses, the Housing Division may use the money distributed to it pursuant to
this section only to:
(a) Provide an eligible household with services
of basic home energy conservation and home energy efficiency or to assist an
eligible household to acquire such services, including, without limitation,
services of load management.
(b) Pay for appropriate improvements associated
with energy conservation, weatherization and energy efficiency.
(c) Carry out activities related to consumer
outreach.
(d) Pay for program design.
(e) Pay for the annual evaluations conducted
pursuant to NRS 702.280.
3. Except as otherwise provided in
subsection 4, to be eligible to receive assistance from the Housing Division
pursuant to this section, a household must have a household income that is not
more than 150 percent of the federally designated level signifying poverty, as
determined by the Housing Division.
4. The Housing Division is authorized to
render emergency assistance to a household if the health or safety of one or
more of the members of the household is threatened because of the structural,
mechanical or other failure of:
(a) The unit of housing in which the household
dwells; or
(b) A component or system of the unit of housing
in which the household dwells.
Ê Such
emergency assistance may be rendered upon the good faith belief that the
household is otherwise eligible to receive assistance pursuant to this section.
5. The Housing Division shall adopt
regulations to carry out and enforce the provisions of this section.
6. In carrying out the provisions of this
section, the Housing Division shall:
(a) Solicit advice from the Division of Welfare
and Supportive Services and from other knowledgeable persons;
(b) Identify and implement appropriate delivery
systems to distribute money from the Fund and to provide other assistance
pursuant to this section;
(c) Coordinate with other federal, state and
local agencies that provide energy assistance or conservation services to
low-income persons and, to the extent allowed by federal law and to the extent
practicable, use the same simplified application forms as those other agencies;
(d) Encourage other persons to provide resources
and services, including, to the extent practicable, schools and programs that
provide training in the building trades and apprenticeship programs;
(e) Establish a process for evaluating the
programs conducted pursuant to this section;
(f) Develop a process for making changes to such
programs; and
(g) Engage in annual planning and evaluation
processes with the Division of Welfare and Supportive Services as required by NRS 702.280.
(Added to NRS by 2001, 3235)
NRS 702.275 Reports on unspent and unencumbered money in Fund; distribution
of portion of such money for programs of energy conservation, weatherization
and energy efficiency for eligible households; administrative expenses.
1. Before the end of each fiscal year, the
Division of Welfare and Supportive Services shall submit a report to the
Director of the Legislative Counsel Bureau for transmittal to the Senate
Standing Committee on Finance and the Assembly Standing Committee on Ways and
Means during a regular or special session of the Legislature, or the Interim
Finance Committee when the Legislature is not in session, which specifies the
amount of all money in the Fund which was allocated to the Division of Welfare
and Supportive Services during all preceding fiscal years pursuant to NRS 702.260 and which remains unspent and
unencumbered.
2. Based upon the report submitted
pursuant to subsection 1 and any other information available, the Senate
Standing Committee on Finance or the Assembly Standing Committee on Ways and
Means during a regular or special session of the Legislature, or the Interim
Finance Committee when the Legislature is not in session, may require the
Division of Welfare and Supportive Services to distribute not more than 30
percent of all the money in the Fund which was allocated to the Division of
Welfare and Supportive Services during all preceding fiscal years pursuant to NRS 702.260 and which remains unspent and unencumbered
to the Housing Division for the programs authorized by NRS
702.270. The Housing Division may use not more than 6 percent of the money
distributed pursuant to this section for its administrative expenses.
(Added to NRS by 2007, 2974: A 2009, 1389)
NRS 702.280 Coordination and evaluation of programs; duties of Division of
Welfare and Supportive Services and Housing Division; submission of report to
Governor, Legislative Commission and Interim Finance Committee.
1. The Division of Welfare and Supportive
Services and the Housing Division jointly shall establish an annual plan to
coordinate their activities and programs pursuant to this chapter. In preparing
the annual plan, the Divisions shall solicit advice from knowledgeable persons.
The annual plan must include, without limitation, a description of:
(a) The resources and services being used by each
program and the efforts that will be undertaken to increase or improve those
resources and services;
(b) The efforts that will be undertaken to
improve administrative efficiency;
(c) The efforts that will be undertaken to
coordinate with other federal, state and local agencies, nonprofit
organizations and any private business or trade organizations that provide
energy assistance or conservation services to low-income persons;
(d) The measures concerning program design that
will be undertaken to improve program effectiveness; and
(e) The efforts that will be taken to address
issues identified during the most recently completed annual evaluation
conducted pursuant to subsection 2.
2. The Division of Welfare and Supportive
Services and the Housing Division jointly shall:
(a) Conduct an annual evaluation of the programs
that each Division carries out pursuant to NRS 702.260,
702.270 and 702.275;
(b) Solicit advice from the Commission as part of
the annual evaluation; and
(c) Prepare a report concerning the annual evaluation
and submit the report to the Governor, the Legislative Commission and the
Interim Finance Committee.
3. The report prepared pursuant to
subsection 2 must include, without limitation:
(a) A description of the objectives of each
program;
(b) An analysis of the effectiveness and
efficiency of each program in meeting the objectives of the program;
(c) The amount of money distributed from the Fund
for each program and a detailed description of the use of that money for each
program;
(d) An analysis of the coordination between the
Divisions concerning each program; and
(e) Any changes planned for each program.
(Added to NRS by 2001, 3236; A 2007, 2975)