[Rev. 2/11/2015 12:28:29
PM--2014R2]
TITLE 58 - ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
CHAPTER 701 - ENERGY POLICY
GENERAL PROVISIONS
NRS 701.010 Legislative
findings; state policy.
NRS 701.020 Definitions.
NRS 701.030 “Biomass”
defined.
NRS 701.040 “Consumer’s
Advocate” defined.
NRS 701.050 “Director”
defined.
NRS 701.055 “Energy
development project” defined.
NRS 701.060 “Fuel
cell” defined.
NRS 701.065 “Net
metering system” defined.
NRS 701.068 “Panel”
defined.
NRS 701.070 “Renewable
energy” defined.
NRS 701.080 “Renewable
energy generation project” defined.
NRS 701.090 “Task
Force” defined.
GENERAL ADMINISTRATION OF ENERGY POLICY
Organization of Office of Energy
NRS 701.150 Creation;
appointment of Director; employment of personnel by Director; classification of
Director and personnel; conflict of interest prohibited.
General Powers and Duties
NRS 701.160 Submission
of reports.
NRS 701.170 Administration
of gifts and grants; execution of research contracts and cooperative
agreements; regulations; creation of nonprofit corporations; execution of other
agreements.
NRS 701.180 General
duties concerning energy resources and energy conservation. [Effective through
December 31, 2025.]
NRS 701.180 General
duties concerning energy resources and energy conservation. [Effective January
1, 2026.]
NRS 701.190 Preparation
of comprehensive state energy plan.
NRS 701.200 Recommendation
of standards for energy conservation and for carrying out comprehensive state
energy plan.
NRS 701.210 Preparation
of petroleum allocation and rationing plans; administration of federal programs
involving fuel allocation.
NRS 701.215 Preparation
of state energy reduction plan for certain state-owned buildings.
NRS 701.218 Program
to track use of energy in buildings owned by State or occupied by state agency;
reimbursement by state agencies of certain costs incurred by Office of Energy
in carrying out program.
NRS 701.220 Adoption
of regulations for energy conservation in buildings; exemptions; applicability
and enforcement; procedures for adoption.
NRS 701.230 Prohibition
against inclusion in buildings of system using electric resistance for heating
spaces; applicability; exceptions; enforcement by local governments.
NRS 701.240 Program
to distribute money to acquire, install or improve net metering systems.
NRS 701.260 Prohibition
against selling certain types of lights; regulations establishing energy
efficiency standards for certain types of lights.
NRS 701.370 Trust
Account for Renewable Energy and Energy Conservation: Creation; administration;
expenditures.
NRS 701.380 Coordination
of activities and programs; expenditure of money from Trust Account for
Renewable Energy and Energy Conservation; other powers; preparation of annual
report.
NRS 701.390 Dissemination
of information; development of resources and projects; promotion of research
and studies; cooperation and coordination with other officers and agencies.
NRS 701.400 Participation
in federal programs; assistance to developers of renewable energy systems.
STATE AND LOCAL GOVERNMENT PANEL ON RENEWABLE AND EFFICIENT
ENERGY
NRS 701.450 Creation;
membership.
NRS 701.455 Chair;
meetings; regulations; quorum; terms; members serve without compensation;
requirements and restrictions concerning members who are state employees.
NRS 701.460 Powers
and duties.
NRS 701.465 Support
and assistance to be provided by Office of Energy.
NEW ENERGY INDUSTRY TASK FORCE
NRS 701.500 Creation;
membership.
NRS 701.505 Chair;
meetings; regulations; quorum; terms; members serve without compensation.
NRS 701.510 Powers
and duties.
NRS 701.515 Support
and assistance to be provided by Director.
ACCOUNT FOR RENEWABLE ENERGY, ENERGY EFFICIENCY AND ENERGY
CONSERVATION LOANS
NRS 701.545 Definitions.
NRS 701.550 “American
Recovery and Reinvestment Act” defined.
NRS 701.555 “Construction”
defined.
NRS 701.557 “Energy
conservation project” defined.
NRS 701.558 “Energy
efficiency project” defined.
NRS 701.560 “Federal
grant” defined.
NRS 701.568 “Qualified
applicant” defined.
NRS 701.570 “Renewable
energy system” defined.
NRS 701.575 Creation
and administration of Account for Renewable Energy, Energy Efficiency and
Energy Conservation Loans and Account for Set-Aside Programs; payment of
claims; faith of State pledged.
NRS 701.580 Interest
and income; deposits; acceptance of gifts, grants and bequests; use of money to
benefit renewable energy systems limited.
NRS 701.585 Powers
and duties of Director; limitations.
NRS 701.590 Limitations
on use of money; compliance with federal law.
NRS 701.595 Regulations.
ENERGY DEVELOPMENT PROJECTS
NRS 701.600 Applicability.
NRS 701.610 Notice
of energy development project: Filing; form; contents; regulations.
NRS 701.620 Compilation
of information; preparation and submission of certain reports.
NRS 701.630 Creation
and administration of Energy Planning and Conservation Account.
NRS 701.640 Creation
and administration of Account for the Recovery of Costs.
RENEWABLE ENERGY PROJECTS ON INDIAN TRIBAL LANDS
NRS 701.680 Waiver
of tribal sovereign immunity allows state courts to exercise jurisdiction over
actions and claims relating to renewable energy projects on Indian tribal
lands.
_________
GENERAL PROVISIONS
NRS 701.010 Legislative findings; state policy.
1. The Legislature finds that:
(a) Energy is essential to the economy of the
State and to the health, safety and welfare of the people of the State.
(b) The State has a responsibility to encourage
the maintenance of a reliable and economical supply of energy at a level which
is consistent with the protection of environmental quality.
(c) The State has a responsibility to encourage
the utilization of a wide range of measures which reduce wasteful uses of
energy resources.
(d) The State and the public have an interest in
encouraging public utilities to promote and take actions toward energy
conservation.
(e) Planning for energy conservation and future
energy requirements should include consideration of state, regional and local
plans for land use, urban expansion, transportation systems, environmental
protection and economic development.
(f) Government and private enterprise need to
accelerate research and development of sources of renewable energy and to
improve technology related to the research and development of existing sources
of energy.
(g) While government and private enterprise are
seeking to accelerate research and development of sources of renewable energy,
they must also prepare for and respond to the advent of competition within the
electrical energy industry and are, therefore, encouraged to maximize the use
of indigenous energy resources to the extent competitively and economically
feasible.
(h) Prevention of delays and interruptions in
providing energy, protecting environmental values and conserving energy require
expanded authority and capability within State Government.
2. It is the policy of this State to
encourage participation with all levels of government and private enterprise in
cooperative state, regional and national programs to assure adequate supplies
of energy resources and markets for such energy resources.
3. It is the policy of this State to
assign the responsibility for managing and conserving energy and its sources to
agencies whose other programs are similar, to avoid duplication of effort in
developing policies and programs for energy.
(Added to NRS by 1977, 1163; A 1983, 2092; 1995, 311; 2001, 3263; 2007, 2973)
NRS 701.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and terms
defined in NRS 701.030 to 701.090,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1977, 1163; A 1983, 2092; 1993, 1698; 2001, 3263; 2003, 1873; 2009, 1370;
2011, 2056,
2550)
NRS 701.030 “Biomass” defined. “Biomass”
means any organic matter that is available on a renewable basis, including,
without limitation:
1. Agricultural crops and agricultural
wastes and residues;
2. Wood and wood wastes and residues;
3. Animal wastes;
4. Municipal wastes; and
5. Aquatic plants.
(Added to NRS by 2001, 3259)
NRS 701.040 “Consumer’s Advocate” defined. “Consumer’s
Advocate” means the Consumer’s Advocate of the Bureau of Consumer Protection in
the Office of the Attorney General.
(Added to NRS by 2001, 3259)
NRS 701.050 “Director” defined. “Director”
means the Director of the Office of Energy appointed pursuant to NRS 701.150.
(Added to NRS by 2001, 3259)
NRS 701.055 “Energy development project” defined. “Energy
development project” means a project for the generation, transmission and
development of energy located on public or private land. The term includes,
without limitation:
1. A utility facility, as defined in NRS 704.860, constructed on private land;
and
2. Electric generating plants and their
associated facilities which use or will use renewable energy, as defined in NRS 704.7811, as their primary source of
energy to generate electricity.
(Added to NRS by 2011, 2547)
NRS 701.060 “Fuel cell” defined. “Fuel
cell” means a device or contrivance that, through the chemical process of
combining ions of hydrogen and oxygen, produces electricity and water.
(Added to NRS by 2001, 3259)
NRS 701.065 “Net metering system” defined. “Net
metering system” has the meaning ascribed to it in NRS 704.771.
(Added to NRS by 2003, 1872)
NRS 701.068 “Panel” defined. “Panel”
means the State and Local Government Panel on Renewable and Efficient Energy
created by NRS 701.450.
(Added to NRS by 2009, 1366)
NRS 701.070 “Renewable energy” defined.
1. “Renewable energy” means a source of
energy that occurs naturally or is regenerated naturally, including, without
limitation:
(a) Biomass;
(b) Fuel cells;
(c) Geothermal energy;
(d) Solar energy;
(e) Waterpower; and
(f) Wind.
2. The term does not include coal, natural
gas, oil, propane or any other fossil fuel, or nuclear energy.
(Added to NRS by 2001, 3259)
NRS 701.080 “Renewable energy generation project” defined.
1. “Renewable energy generation project”
means a project involving an electric generating facility or system that uses
renewable energy as its primary source of energy to generate electricity.
2. The term does not include a project
involving an electric generating facility or system that uses nuclear energy,
in whole or in part, to generate electricity.
(Added to NRS by 2001, 3259)
NRS 701.090 “Task Force” defined. “Task
Force” means the New Energy Industry Task Force created by NRS 701.500.
(Added to NRS by 2001, 3259; A 2009, 1370)
GENERAL ADMINISTRATION OF ENERGY POLICY
Organization of Office of Energy
NRS 701.150 Creation; appointment of Director; employment of personnel by
Director; classification of Director and personnel; conflict of interest
prohibited.
1. The Office of Energy is hereby created
within the Office of the Governor.
2. The Governor shall appoint the
Director. The Director:
(a) Is in the unclassified service of the State;
and
(b) Serves at the pleasure of the Governor.
3. The Director may, within the limits of
available money, employ:
(a) Such persons in the unclassified service of
the State as the Director determines to be necessary to carry out the duties of
the Office of Energy pursuant to this chapter; and
(b) Such additional personnel as may be required
to carry out the duties of the Office of Energy pursuant to this chapter, who
must be in the classified service of the State.
4. A person employed by the Director
pursuant to this section must be qualified by training and experience to
perform the duties for which the Director employs the person.
5. The Director and the persons employed
by the Director shall not have any conflict of interest relating to the
performance of their duties pursuant to this chapter.
6. The provisions of NRS 223.085 do not apply to the Director
or to any person employed by the Director pursuant to this section.
(Added to NRS by 2001, 3262)
General Powers and Duties
NRS 701.160 Submission of reports. The
Director shall prepare a report concerning the status of energy in the State of
Nevada and submit it to:
1. The Governor on or before January 30 of
each year; and
2. The Director of the Legislative Counsel
Bureau for transmittal to the next regular session of the Legislature on or
before January 30 of each odd-numbered year.
(Added to NRS by 1975, 670; A 1977, 1166; 2009, 1370;
2011, 2056)
NRS 701.170 Administration of gifts and grants; execution of research
contracts and cooperative agreements; regulations; creation of nonprofit
corporations; execution of other agreements. The
Director may:
1. Administer any gifts or grants which
the Office of Energy is authorized to accept for the purposes of this chapter.
2. To the extent not inconsistent with the
terms or conditions of a gift, grant or appropriation, expend money received
from those gifts or grants or from legislative appropriations to contract with
qualified persons or institutions for research in the production and efficient
use of energy resources.
3. Enter into any cooperative agreement
with any federal or state agency or political subdivision.
4. Adopt any regulations that the Director
determines are necessary to carry out the duties of the Office of Energy
pursuant to this chapter.
5. Within the limits of legislative
appropriations and other money authorized for expenditure for such purposes,
promote, participate in the operation of, and create or cause to be created,
any nonprofit corporation, pursuant to chapter 82
of NRS, which the Director determines is necessary or convenient for the
exercise of the powers and duties of the Office of Energy. The purposes, powers
and operation of the corporation must be consistent with the purposes, powers
and duties of the Office of Energy.
6. Within the limits of legislative
appropriations and other money authorized for expenditure for such purposes,
negotiate and execute agreements with public or private entities which are
necessary to the exercise of the powers and duties of the Director or the
Office of Energy.
(Added to NRS by 1977, 1165; A 1979, 624, 1560; 1983, 2093; 1993, 1699; 2001, 3264; 2007, 3001; 2009, 1370)
NRS 701.180 General duties concerning energy resources and energy
conservation. [Effective through December 31, 2025.] The
Director shall:
1. Acquire and analyze information
relating to energy and to the supply, demand and conservation of its sources,
including, without limitation:
(a) Information relating to the Solar Energy
Systems Incentive Program created pursuant to NRS 701B.240 and the Wind Energy Systems
Demonstration Program created pursuant to 701B.580, including, without
limitation, information relating to:
(1) The development of distributed
generation systems in this State pursuant to participation in the Solar Energy
Systems Incentive Program;
(2) The use of carbon-based energy in
residential and commercial applications due to participation in the Programs;
and
(3) The average cost of generation on a
kilowatt-hour basis for residential and commercial applications due to
participation in the Programs; and
(b) Information relating to any money distributed
pursuant to NRS 702.270.
2. Review and evaluate information which
identifies trends and permits forecasting of the energy available to the State.
Such forecasts must include estimates on:
(a) The level of demand for energy in the State
for 5-, 10- and 20-year periods;
(b) The amount of energy available to meet each
level of demand;
(c) The probable implications of the forecast on
the demand and supply of energy; and
(d) The sources of renewable energy and other
alternative sources of energy which are available and their possible effects.
3. Study means of reducing wasteful,
inefficient, unnecessary or uneconomical uses of energy and encourage the
maximum utilization of existing sources of energy in the State.
4. Solicit and serve as the point of
contact for grants and other money from the Federal Government, including,
without limitation, any grants and other money available pursuant to any
program administered by the United States Department of Energy, and other
sources:
(a) To promote energy projects that enhance the
economic development of the State;
(b) To promote the use of renewable energy in
this State;
(c) To promote the use of measures which conserve
or reduce the demand for energy or which result in more efficient use of
energy;
(d) To develop a comprehensive program for
retrofitting public buildings in this State with energy efficiency measures;
and
(e) If the Director determines that it is
feasible and cost-effective, to enter into contracts with researchers from the
Nevada System of Higher Education for the design of energy efficiency and
retrofit projects to carry out the comprehensive program for retrofitting
public buildings in this State developed pursuant to paragraph (d).
5. Coordinate the activities and programs
of the Office of Energy with the activities and programs of the Consumer’s
Advocate and the Public Utilities Commission of Nevada, and with other federal,
state and local officers and agencies that promote, fund, administer or operate
activities and programs related to the use of renewable energy and the use of
measures which conserve or reduce the demand for energy or which result in more
efficient use of energy.
6. If requested to make a determination
pursuant to NRS 111.239 or 278.0208, make the determination within
30 days after receiving the request. If the Director needs additional
information to make the determination, the Director may request the information
from the person making the request for a determination. Within 15 days after
receiving the additional information, the Director shall make a determination
on the request.
7. Cooperate with the Department of
Wildlife in carrying out the provisions of NRS 701.600
to 701.640, inclusive.
8. Upon request by a developer of an
energy development project or a local government in a county in which an energy
development project is proposed to be located, coordinate discussions, not
otherwise required by any existing regulatory agency, with interested parties
concerning any potential effect of the energy development project.
9. Carry out all other directives
concerning energy that are prescribed by the Governor.
(Added to NRS by 1977, 1164; A 1983, 2093; 2001, 3264; 2009, 1371,
1596; 2011, 93, 2057, 2550, 2563; 2013, 3347,
3815)
NRS 701.180 General duties concerning
energy resources and energy conservation. [Effective January 1, 2026.] The Director shall:
1. Acquire and analyze information
relating to energy and to the supply, demand and conservation of its sources,
including, without limitation, information relating to any money distributed
pursuant to NRS 702.270.
2. Review and evaluate information which
identifies trends and permits forecasting of the energy available to the State.
Such forecasts must include estimates on:
(a) The level of demand for energy in the State
for 5-, 10- and 20-year periods;
(b) The amount of energy available to meet each
level of demand;
(c) The probable implications of the forecast on
the demand and supply of energy; and
(d) The sources of renewable energy and other
alternative sources of energy which are available and their possible effects.
3. Study means of reducing wasteful,
inefficient, unnecessary or uneconomical uses of energy and encourage the
maximum utilization of existing sources of energy in the State.
4. Solicit and serve as the point of
contact for grants and other money from the Federal Government, including,
without limitation, any grants and other money available pursuant to any
program administered by the United States Department of Energy, and other
sources:
(a) To promote energy projects that enhance the
economic development of the State;
(b) To promote the use of renewable energy in
this State;
(c) To promote the use of measures which conserve
or reduce the demand for energy or which result in more efficient use of
energy;
(d) To develop a comprehensive program for
retrofitting public buildings in this State with energy efficiency measures;
and
(e) If the Director determines that it is
feasible and cost-effective, to enter into contracts with researchers from the
Nevada System of Higher Education for the design of energy efficiency and
retrofit projects to carry out the comprehensive program for retrofitting
public buildings in this State developed pursuant to paragraph (d).
5. Coordinate the activities and programs
of the Office of Energy with the activities and programs of the Consumer’s
Advocate and the Public Utilities Commission of Nevada, and with other federal,
state and local officers and agencies that promote, fund, administer or operate
activities and programs related to the use of renewable energy and the use of
measures which conserve or reduce the demand for energy or which result in more
efficient use of energy.
6. If requested to make a determination
pursuant to NRS 111.239 or 278.0208, make the determination within
30 days after receiving the request. If the Director needs additional
information to make the determination, the Director may request the information
from the person making the request for a determination. Within 15 days after
receiving the additional information, the Director shall make a determination
on the request.
7. Cooperate with the Department of
Wildlife in carrying out the provisions of NRS 701.600
to 701.640, inclusive.
8. Upon request by a developer of an
energy development project or a local government in a county in which an energy
development project is proposed to be located, coordinate discussions, not
otherwise required by any existing regulatory agency, with interested parties
concerning any potential effect of the energy development project.
9. Carry out all other directives
concerning energy that are prescribed by the Governor.
(Added to NRS by 1977, 1164; A 1983, 2093; 2001, 3264; 2009, 1371,
1372, 1596; 2011, 93, 2057, 2550, 2558, 2563; 2013, 3347,
3815,
effective January 1, 2026)
NRS 701.190 Preparation of comprehensive state energy plan.
1. The Director shall prepare a
comprehensive state energy plan which provides for the promotion of:
(a) Energy projects that enhance the economic
development of the State;
(b) The use of renewable energy;
(c) The use of measures which conserve or reduce
the demand for energy or which result in more efficient use of energy; and
(d) A program for the safe disposal and recycling
of electronic waste, electrical equipment and other waste, including, without
limitation, a program for the safe disposal and recycling of compact
fluorescent light bulbs.
2. The comprehensive state energy plan
must include provisions for:
(a) The assessment of the potential benefits of
proposed energy projects on the economic development of the State.
(b) The education of persons and entities
concerning renewable energy and measures which conserve or reduce the demand
for energy or which result in more efficient use of energy.
(c) The creation of incentives for investment in
and the use of renewable energy and measures which conserve or reduce the
demand for energy or which result in more efficient use of energy.
(d) Grants and other money to establish programs
and conduct activities which promote:
(1) Energy projects that enhance the
economic development of the State;
(2) The use of renewable energy;
(3) The use of measures which conserve or
reduce the demand for energy or which result in more efficient use of energy;
and
(4) The recycling of electronic waste,
electrical equipment and other waste, including, without limitation, a program
for the safe disposal and recycling of compact fluorescent light bulbs.
(e) The development or incorporation by reference
of model and uniform building and energy codes and standards which are written
in language that is easy to understand and which include performance standards
for conservation of energy and efficient use of energy.
(f) The promotion of the development in this
State of a curriculum for a program of renewable energy education and recycling
education in kindergarten through grade 12.
(g) The promotion of the development by
institutions of higher education in this State of research and educational
programs relating to renewable energy.
(h) Oversight and accountability with respect to
all programs and activities described in this subsection.
(i) Any other matter that the Director determines
to be relevant to the issues of energy resources, energy use, energy
conservation and energy efficiency.
(Added to NRS by 1977, 1164; A 1979, 1560; 2001, 3265; 2009, 1373;
2011, 2058)
NRS 701.200 Recommendation of standards for energy conservation and for
carrying out comprehensive state energy plan.
1. The Director may recommend to state
agencies, local governments and appropriate private persons and entities,
standards for conservation of energy and its sources and for carrying out the
comprehensive state energy plan.
2. In recommending such standards, the
Director shall consider the usage of energy and its sources in the State and
the methods available for conservation of those sources.
(Added to NRS by 1977, 1165; A 1983, 2094; 1997, 2010; 2001, 3266; 2009, 1374;
2011, 2059)
NRS 701.210 Preparation of petroleum allocation and rationing plans;
administration of federal programs involving fuel allocation. The Director shall:
1. Prepare, subject to the approval of the
Governor, petroleum allocation and rationing plans for possible energy
contingencies. The plans shall be carried out only by executive order of the
Governor.
2. Carry out and administer any federal
programs which authorize state participation in fuel allocation programs.
(Added to NRS by 1977, 1165; A 2009, 1374;
2011, 2059)
NRS 701.215 Preparation of state energy reduction plan for certain
state-owned buildings.
1. The Director shall prepare a state
energy reduction plan which requires state agencies, departments and other
entities in the Executive Branch to reduce grid-based energy purchases for
state-owned buildings by 20 percent by 2015.
2. In accordance with, and out of any
money received pursuant to, the American Recovery and Reinvestment Act of 2009,
Public Law 111-5, the Interim Finance Committee may determine an amount of
money to be used by the Director to fulfill the requirements of subsection 1.
3. The Director:
(a) Shall use any amount of money provided
pursuant to subsection 2 to fulfill the requirements of subsection 1;
(b) May fulfill the requirements of subsection 1
by contracting with one or more qualified independent consultants; and
(c) Shall biannually file reports with the
Legislative Commission that:
(1) Indicate the general progress of
energy reduction in state buildings; and
(2) Identify any state agency that fails
to cooperate with the Director in the design or implementation of the plan
prepared pursuant to subsection 1.
(Added to NRS by 2005, 22nd
Special Session, 76; A 2009, 1375)
NRS 701.218 Program to track use of energy in buildings owned by State or
occupied by state agency; reimbursement by state agencies of certain costs
incurred by Office of Energy in carrying out program.
1. The Office of Energy shall establish a
program to track the use of energy in buildings owned by the State and in other
buildings which are occupied by a state agency.
2. The program established pursuant to
this section must:
(a) Record utility bills for each building for
each month and preserve those records indefinitely;
(b) Allow for the comparison of utility bills for
a building from month to month and year to year;
(c) Allow for the comparison of utility bills
between buildings, including comparisons between similar buildings or types of
buildings;
(d) Allow for adjustments to the information
based upon variations in weather conditions, the length of the billing period
and other changes in relevant conditions;
(e) Facilitate identification of errors in
utility bills and meter readings;
(f) Allow for the projection of costs for energy
for a building; and
(g) Identify energy and cost savings associated
with efforts to conserve energy.
3. The Office of Energy may apply for any
available grants and accept any gifts, grants or donations to assist in
establishing and carrying out the program.
4. In accordance with, and out of any
money received pursuant to, the American Recovery and Reinvestment Act of 2009,
Public Law 111-5, the Interim Finance Committee may determine an amount of
money to be used by the Office of Energy to fulfill the requirements of
subsection 1.
5. To the extent that there is not
sufficient money available for the support of the program, each state agency
that occupies a building in which the use of energy is tracked pursuant to the
program shall reimburse the Office of Energy for the agency’s proportionate
share of the unfunded portion of the cost of the program. The reimbursement
must be based upon the energy consumption of the respective state agencies that
occupy buildings in which the use of energy is tracked.
(Added to NRS by 2011, 2988)
NRS 701.220 Adoption of regulations for energy conservation in buildings;
exemptions; applicability and enforcement; procedures for adoption.
1. The Director shall adopt regulations
for the conservation of energy in buildings, including manufactured homes. Such
regulations must include the adoption of the most recent version of the International
Energy Conservation Code, issued by the International Code Council, and any
amendments to the Code that will not materially lessen the effective
energy savings requirements of the Code and are deemed necessary to
support effective compliance and enforcement of the Code, and must
establish the minimum standards for:
(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) Other factors which affect the use of energy
in a building.
Ê The
regulations must provide for the adoption of the most recent version of the International
Energy Conservation Code, and any amendments thereto, every third year.
2. The Director may exempt a building from
a standard if the Director determines that application of the standard to the
building would not accomplish the purpose of the regulations.
3. The regulations must authorize
allowances in design and construction for sources of renewable energy used to
supply all or a part of the energy required in a building.
4. The standards adopted by the Director
are the minimum standards for the conservation of energy and energy efficiency
in buildings in this State. The governing body of a local government that is
authorized by law to adopt and enforce a building code:
(a) Except as otherwise provided in paragraph
(b), shall incorporate the standards adopted by the Director in its building
code;
(b) May adopt higher or more stringent standards
and must report any such higher or more stringent standards, along with
supporting documents, to the Director; and
(c) Shall enforce the standards adopted.
5. The Director shall solicit comments
regarding the adoption of regulations pursuant to this section from:
(a) Persons in the business of constructing and selling
homes;
(b) Contractors;
(c) Public utilities;
(d) Local building officials; and
(e) The general public,
Ê before
adopting any regulations. The Director must conduct at least three hearings in
different locations in the State, after giving 30 days’ notice of each hearing,
before the Director may adopt any regulations pursuant to this section.
(Added to NRS by 1985, 1794; A 2001, 1251, 3266; 2003, 32; 2005, 22nd
Special Session, 76; 2009, 986, 1375; 2011, 2059)
NRS 701.230 Prohibition against inclusion in buildings of system using
electric resistance for heating spaces; applicability; exceptions; enforcement
by local governments.
1. In a county whose population is 100,000
or more, a building whose construction, or retrofit that replaces the heating
source of the premises, exclusive of maintenance, began on or after October 1, 1983, must not contain a system using electric resistance for heating spaces
unless:
(a) The system is merely supplementary to another
means of heating;
(b) Under the particular circumstances, no other
primary means of heating the spaces is possible other than electric resistance;
(c) The system is a hydronic radiant heating
system or a system that uses ground-source heat pumps or water-source heat
pumps; or
(d) The system using electric resistance for
heating spaces uses electricity produced from renewable energy systems that
exist on the owner’s property, including, without limitation, net metering
systems.
2. The owner of a property who seeks to
use a system using electric resistance for heating spaces must submit an
application for an exception pursuant to subsection 1 to the governing body of
the applicable local government before beginning construction or retrofitting
of the system.
3. The governing body of the local
government:
(a) Shall enforce subsection 1;
(b) Shall determine whether the property owner is
eligible for an exception pursuant to subsection 1 within 30 days after
receiving a complete application from the owner of the property; and
(c) Shall forward its decision to the owner of
the property and to the Director.
4. This section does not prohibit the use
of incandescent or fluorescent lighting.
5. As used in this section, “electric
resistance” means passing an electric current through a resistance, coil, wire
or other obstacle which impedes electricity and causes it to produce heat.
(Added to NRS by 1983, 1575; A 1985, 2289; 1993, 1699; 2009, 987, 1376)
NRS 701.240 Program to distribute money to acquire, install or improve net
metering systems.
1. The Director shall develop a program to
distribute money, within the limits of legislative appropriation, in the form
of grants, incentives or rebates to persons to pay or defray, in whole or in
part, the costs for those persons to acquire, install or improve net metering
systems, if the Director determines that the distribution of money to a person
for that purpose will encourage, promote or stimulate:
(a) The development or use of sources of
renewable energy in the State or the development of industries or technologies
that use sources of renewable energy in the State;
(b) The conservation of energy in the State, the
diversification of the types of energy used in the State or any reduction in
the dependence of the State on foreign sources of energy;
(c) The protection of the natural resources of
the State or the improvement of the environment;
(d) The enhancement of existing utility
facilities or any other infrastructure in the State or the development of new
utility facilities or any other infrastructure in the State; or
(e) The investment of capital or the expansion of
business opportunities in the State or any growth in the economy of the State.
2. The Director may adopt any regulations
that are necessary to carry out the provisions of this section.
3. The Director shall not distribute money
to any person pursuant to this section unless:
(a) The person complies with any requirements
that the Director adopts by regulation; and
(b) The distribution of the money is consistent
with one or more of the public purposes set forth in paragraphs (a) to (e),
inclusive, of subsection 1.
4. As used in this section, “person”
includes, without limitation, any state or local governmental agency or entity.
(Added to NRS by 2003, 1872; A 2009, 1376;
2011, 2060)
NRS 701.260 Prohibition against selling certain types of lights; regulations
establishing energy efficiency standards for certain types of lights.
1. Between January 1, 2012, and December
31, 2015, inclusive, no general purpose light may be sold in this State unless
it produces at least 25 lumens per watt of electricity consumed.
2. On and after January 1, 2016, no
general purpose light may be sold in this State unless it meets or exceeds the
minimum standard of energy efficiency established by the Director pursuant to
subsection 3 for lumens per watt of electricity consumed.
3. The Director shall adopt regulations to
carry out the provisions of this section. The regulations must, without
limitation:
(a) Establish a minimum standard of energy
efficiency for lumens per watt of electricity consumed that must be produced by
general purpose lights sold in this State on and after January 1, 2016. The
minimum standard of energy efficiency established by the Director must exceed
25 lumens per watt of electricity consumed.
(b) Attempt to minimize the overall cost to
consumers for general purpose lighting, considering the needs of consumers
relating to lighting, technological feasibility and anticipated product
availability and performance.
4. As used in this section, “general
purpose light” means lamps, bulbs, tubes or other devices that provide
functional illumination for indoor or outdoor use. The term does not include
“specialty lighting” or “lighting necessary to provide illumination for persons
with special needs,” as defined by the Director by regulation.
(Added to NRS by 2007, 3001; A 2009, 1377;
2011, 2061)
NRS 701.370 Trust Account for Renewable Energy and Energy Conservation:
Creation; administration; expenditures.
1. The Trust Account for Renewable Energy
and Energy Conservation is hereby created in the State General Fund.
2. The Director shall administer the
Account. As administrator of the Account, the Director:
(a) Shall maintain the financial records of the
Account;
(b) Shall invest the money in the Account as the
money in other state accounts is invested;
(c) Shall manage any subaccount associated with
the Account;
(d) Shall maintain any instruments that evidence
investments made with the money in the Account;
(e) May contract with vendors for any good or
service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties that are
necessary to administer the Account.
3. The interest and income earned on the
money in the Account must, after deducting any applicable charges, be credited
to the Account. All claims against the Account must be paid as other claims
against the State are paid.
4. Not more than 2 percent of the money in
the Account may be used to pay the costs of administering the Account.
5. The money in the Account remains in the
Account and does not revert to the State General Fund at the end of any fiscal
year.
6. All money that is deposited or paid
into the Account may only be expended pursuant to an allocation made by the
Director. Money expended from the Account must not be used to supplant existing
methods of funding that are available to public agencies.
(Added to NRS by 2001, 3259; A 2009, 1377;
2011, 451,
2062)
NRS 701.380 Coordination of activities and programs; expenditure of money
from Trust Account for Renewable Energy and Energy Conservation; other powers;
preparation of annual report.
1. The Director shall:
(a) Coordinate the activities and programs of the
Office of Energy with the activities and programs of the Consumer’s Advocate
and the Public Utilities Commission of Nevada, and with other federal, state
and local officers and agencies that promote, fund, administer or operate
activities and programs related to the use of renewable energy and the use of
measures which conserve or reduce the demand for energy or which result in more
efficient use of energy.
(b) Spend the money in the Trust Account for
Renewable Energy and Energy Conservation to:
(1) Educate persons and entities
concerning renewable energy and measures which conserve or reduce the demand
for energy or which result in more efficient use of energy.
(2) Create incentives for investment in
and the use of renewable energy and measures which conserve or reduce the
demand for energy or which result in more efficient use of energy.
(3) Distribute grants and other money to
establish programs and projects which incorporate the use of renewable energy
and measures which conserve or reduce the demand for energy or which result in
more efficient use of energy.
(4) Conduct feasibility studies,
including, without limitation, any feasibility studies concerning the
establishment or expansion of any grants, incentives, rebates or other programs
to enable or assist persons to reduce the cost of purchasing distributed
generation systems and on-site generation systems and net metering systems that
use renewable energy.
(c) Take any other actions that the Director
deems necessary to carry out the duties of the Office of Energy, including,
without limitation, contracting with consultants, if necessary, for the
purposes of program design or to assist the Director in carrying out the duties
of the Office.
2. The Director shall prepare an annual
report concerning the activities and programs of the Office of Energy and
submit the report to the Legislative Commission and the Governor on or before
January 30 of each year. The annual report must include, without limitation:
(a) A description of the objectives of each
activity and program;
(b) An analysis of the effectiveness and
efficiency of each activity and program in meeting the objectives of the
activity or program;
(c) The amount of money distributed for each
activity and program from the Trust Account for Renewable Energy and Energy
Conservation and a detailed description of the use of that money for each
activity and program;
(d) An analysis of the coordination between the
Office of Energy and other officers and agencies; and
(e) Any changes planned for each activity and
program.
3. As used in this section:
(a) “Distributed generation system” means a
facility or system for the generation of electricity that is in close proximity
to the place where the electricity is consumed:
(1) That uses renewable energy as defined
in NRS 704.7811 to generate
electricity;
(2) That is located on the property of a
customer of an electric utility;
(3) That is connected on the customer’s
side of the electricity meter;
(4) That provides electricity primarily to
offset customer load on that property; and
(5) The excess generation from which is
periodically exported to the grid in accordance with the provisions governing
net metering systems used by customer-generators pursuant to NRS 704.766 to 704.775, inclusive.
(b) “Electric utility” has the meaning ascribed
to it in NRS 704.7571.
(Added to NRS by 2001, 3261; A 2003, 1873; 2009, 1378;
2011, 2062)
NRS 701.390 Dissemination of information; development of resources and
projects; promotion of research and studies; cooperation and coordination with
other officers and agencies. The Director
shall:
1. Utilize all available public and
private means to:
(a) Provide information to the public about
issues relating to energy and to explain how conservation of energy and its
sources may be accomplished; and
(b) Work with educational and research institutions,
trade associations and any other public and private entities in this State to
create a database for information on technological development, financing
opportunities and federal and state policy developments regarding renewable
energy and energy efficiency.
2. Encourage the development of any
sources of renewable energy and any energy projects which will benefit the
State and any measures which conserve or reduce the demand for energy or which
result in more efficient use of energy, including, without limitation, by:
(a) Identifying appropriate areas in this State
for the development of sources of renewable energy, based on:
(1) Assessments of solar, wind and
geothermal potential;
(2) Evaluations of natural resource
constraints;
(3) Current electric transmission
infrastructure and capacity; and
(4) The feasibility of the construction of
new electric transmission lines;
(b) Working with renewable energy developers to
locate their projects within appropriate areas of this State, including, without
limitation, assisting the developers to interact with the Bureau of Land
Management, the Department of Defense and other federal agencies in:
(1) Expediting land leases;
(2) Resolving site issues; and
(3) Receiving permits for projects on
public lands within the appropriate areas of this State;
(c) Coordinating the planning of renewable energy
projects in appropriate areas of this State to establish a mix of solar, wind
and geothermal renewable energy systems that create a reliable source of energy
and maximize the use of current or future transmission lines and
infrastructure; and
(d) Developing proposals for the financing of
future electric transmission projects for renewable energy if no such financing
proposals exist.
3. Review jointly with the Nevada System
of Higher Education the policies of this State relating to the research and
development of the geothermal energy resources in this State and make
recommendations to the appropriate state and federal agencies concerning
methods for the development of those resources.
4. If the Director determines that it is
feasible and cost-effective, enter into contracts with researchers from the
Nevada System of Higher Education:
(a) To conduct environmental studies relating to
the identification of appropriate areas in this State for the development of
renewable energy resources, including, without limitation, hydrologic studies,
solar resource mapping studies and wind power modeling studies;
(b) For the development of technologies that will
facilitate the energy efficiency of the electricity grid for this State,
including, without limitation, meters that facilitate energy efficiency for
consumers of electricity; and
(c) For the design of energy efficiency and
retrofit projects to carry out the comprehensive program for retrofitting
public buildings in this State with energy efficiency measures.
5. Carry out all other directives
concerning energy that are prescribed by the Legislature.
(Added to NRS by 2009, 1366;
A 2011,
2063)
NRS 701.400 Participation in federal programs; assistance to developers of
renewable energy systems. The
Director may:
1. Participate in any program established
by the Federal Government relating to sources of energy and adopt regulations
to carry out such a program.
2. Assist developers of renewable energy
systems in preparing and making requests to obtain money for development
through the issuance of industrial development revenue bonds pursuant to NRS 349.400 to 349.670, inclusive.
(Added to NRS by 2009, 1368;
A 2011,
2065)
STATE AND LOCAL GOVERNMENT PANEL ON RENEWABLE AND EFFICIENT
ENERGY
NRS 701.450 Creation; membership.
1. The State and Local Government Panel on
Renewable and Efficient Energy is hereby created.
2. Except as otherwise provided in
subsection 3, the Panel consists of the Director and the following seven
members appointed by the Director:
(a) A representative of the State Public Works
Board;
(b) A representative of the Housing Division of
the Department of Business and Industry;
(c) A representative of the Buildings and Grounds
Section of the State Public Works Division of the Department of Administration;
(d) A representative of the Department of
Wildlife;
(e) A representative of the Nevada Association of
Counties or its successor organization;
(f) A representative of the Nevada League of
Cities or its successor organization; and
(g) A representative of the Nevada Association of
School Boards or its successor organization.
3. The Director may appoint not more than
three additional members to the Panel to represent state and local government
agencies or private industry in the field of renewable energy or energy
efficiency.
(Added to NRS by 2009, 1368;
A 2011,
2065)
NRS 701.455 Chair; meetings; regulations; quorum; terms; members serve
without compensation; requirements and restrictions concerning members who are
state employees.
1. The Director is the Chair of the Panel.
2. The members of the Panel shall meet at
the call of the Director. The Panel shall prescribe regulations for its
management and government.
3. A majority of the members of the Panel
constitutes a quorum, and a quorum may exercise all the powers conferred on the
Panel.
4. The members of the Panel serve at the
pleasure of the Director.
5. The members of the Panel serve without
compensation.
6. The members of the Panel who are state
employees:
(a) Must be relieved from their duties without
loss of their regular compensation to perform their duties relating to the
Panel in the most timely manner practicable; and
(b) May not be required to make up the time they
are absent from work to fulfill their obligations as members of the Panel or to
take annual leave or compensatory time for the absence.
(Added to NRS by 2009, 1369;
A 2011,
2066)
NRS 701.460 Powers and duties. The
Panel:
1. Shall advise the Director on the
viability and progress of energy efficiency and renewable energy retrofit
projects at public buildings and schools; and
2. May apply for any available grants and
accept any gifts, grants or donations to assist the Panel in carrying out its
duties pursuant to this section.
(Added to NRS by 2009, 1369;
A 2011,
2066)
NRS 701.465 Support and assistance to be provided by Office of Energy. The Office of Energy shall provide the
personnel, facilities, equipment and supplies required by the Panel to carry
out the provisions of NRS 701.450 to 701.465, inclusive.
(Added to NRS by 2009, 1369;
A 2011,
2066)
NEW ENERGY INDUSTRY TASK FORCE
NRS 701.500 Creation; membership.
1. The New Energy Industry Task Force is
hereby created.
2. Except as otherwise provided in
subsection 3, the Task Force consists of the Director and the following eight
members who must be appointed by the Director:
(a) A representative of the large-scale solar
energy industry in this State;
(b) A representative of the geothermal energy
industry in this State;
(c) A representative of the wind energy industry
in this State;
(d) A representative of the distributed
generation industry, energy efficiency equipment and installation industry or
manufacturers of equipment for renewable energy power plants in this State;
(e) A representative of an electric utility in
this State;
(f) A representative of an organization in this
State that advocates on behalf of environmental or public lands issues who has
expertise in or knowledge of environmental or public lands issues;
(g) A representative of a labor organization in
this State; and
(h) A representative of an organization that
represents contractors in this State.
3. The Director may appoint not more than
three additional members to the Task Force to represent state and local
government agencies or private industry in the field of renewable energy or
energy efficiency.
(Added to NRS by 2009, 1369;
A 2009,
2016; 2011,
2066)
NRS 701.505 Chair; meetings; regulations; quorum; terms; members serve
without compensation.
1. The Director is the Chair of the Task
Force.
2. The members of the Task Force shall
meet at the call of the Director. The Task Force shall prescribe regulations
for its management and government.
3. A majority of the members of the Task
Force constitutes a quorum, and a quorum may exercise all the powers conferred
on the Task Force.
4. The members of the Task Force serve at
the pleasure of the Director.
5. The members of the Task Force serve
without compensation.
(Added to NRS by 2009, 1370;
A 2011,
2067)
NRS 701.510 Powers and duties. The
Task Force:
1. Shall advise the Director on measures
to promote the development of renewable energy and energy efficiency projects
in this State; and
2. May apply for any available grants and
accept any gifts, grants or donations to assist the Task Force in carrying out
its duties pursuant to this section.
(Added to NRS by 2009, 1370;
A 2011,
2067)
NRS 701.515 Support and assistance to be provided by Director. The Director shall provide the personnel,
facilities, equipment and supplies required by the Task Force to carry out the
provisions of NRS 701.500 to 701.515,
inclusive.
(Added to NRS by 2009, 1370;
A 2011,
2067)
ACCOUNT FOR RENEWABLE ENERGY, ENERGY EFFICIENCY AND ENERGY
CONSERVATION LOANS
NRS 701.545 Definitions. As
used in NRS 701.545 to 701.595,
inclusive, the words and terms defined in NRS 701.550
to 701.570, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2009, 2002;
A 2011,
1769)
NRS 701.550 “American Recovery and Reinvestment Act” defined. “American Recovery and Reinvestment Act” means
the American Recovery and Reinvestment Act of 2009, Public Law 111-5.
(Added to NRS by 2009, 2002)
NRS 701.555 “Construction” defined. “Construction”
means the erection, building, acquisition, alteration, remodeling, improvement
or extension of a project and the inspection and supervision of such activities
and includes, without limitation:
1. Any preliminary planning to determine
the feasibility of a project;
2. Engineering, architectural, legal,
environmental, fiscal or economic investigations or studies, surveys, designs,
plans, working drawings, specifications or procedures that comply with the
provisions of the American Recovery and Reinvestment Act and any regulations
adopted pursuant thereto; and
3. Any other activities reasonably
necessary to the completion of a project.
(Added to NRS by 2009, 2002)
NRS 701.557 “Energy conservation project” defined. “Energy
conservation project” means a project designed, intended or used to improve
energy conservation or to reduce the wasteful, inefficient, unnecessary or
uneconomical use of energy.
(Added to NRS by 2011, 1769)
NRS 701.558 “Energy efficiency project” defined. “Energy
efficiency project” means a project designed, intended or used to improve
energy efficiency or to reduce the consumption of energy that is necessary to
provide a certain product, function or service.
(Added to NRS by 2011, 1769)
NRS 701.560 “Federal grant” defined. “Federal
grant” means money authorized by the American Recovery and Reinvestment Act to:
1. Create a revolving loan fund to assist
in the financing of the construction of renewable energy projects; or
2. Fund set-aside programs authorized by
the American Recovery and Reinvestment Act.
(Added to NRS by 2009, 2002)
NRS 701.568 “Qualified applicant” defined. “Qualified
applicant” means a person or governmental entity engaged in:
1. The construction or operation of an
energy conservation project;
2. The construction or operation of an
energy efficiency project;
3. The construction, expansion or
operation of a renewable energy system; or
4. The manufacturing of components of a
renewable energy system.
(Added to NRS by 2011, 1769)
NRS 701.570 “Renewable energy system” defined. “Renewable
energy system” has the meaning ascribed to it in NRS 704.7815.
(Added to NRS by 2009, 2002)
NRS 701.575 Creation and administration of Account for Renewable Energy,
Energy Efficiency and Energy Conservation Loans and Account for Set-Aside
Programs; payment of claims; faith of State pledged.
1. The Account for Renewable Energy,
Energy Efficiency and Energy Conservation Loans is hereby created in the State
General Fund. The Director shall administer the Account.
2. The account to fund activities, other
than projects, authorized by the American Recovery and Reinvestment Act, to be
known as the Account for Set-Aside Programs, is hereby created in the Fund for
the Municipal Bond Bank.
3. The money in the Account for Renewable
Energy, Energy Efficiency and Energy Conservation Loans and the Account for
Set-Aside Programs may be used only for the purposes set forth in the American
Recovery and Reinvestment Act.
4. All claims against the Account for
Renewable Energy, Energy Efficiency and Energy Conservation Loans and the
Account for Set-Aside Programs must be paid as other claims against the State
are paid.
5. The faith of the State is hereby
pledged that the money in the Account for Renewable Energy, Energy Efficiency
and Energy Conservation Loans and the Account for Set-Aside Programs will not
be used for purposes other than those authorized by the American Recovery and
Reinvestment Act.
(Added to NRS by 2009, 2002;
A 2011, 452)
NRS 701.580 Interest and income; deposits; acceptance of gifts, grants and
bequests; use of money to benefit renewable energy systems limited.
1. The interest and income earned on money
in the Account for Renewable Energy, Energy Efficiency and Energy Conservation
Loans and the Account for Set-Aside Programs must be credited to the Account
for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the
Account for Set-Aside Programs, respectively.
2. All payments of principal and interest
on all loans made to a qualified applicant and all proceeds from the sale,
refunding or prepayment of obligations of a qualified applicant acquired or
loans made in carrying out the purposes of the Account for Renewable Energy,
Energy Efficiency and Energy Conservation Loans must be deposited in the State
Treasury for credit to the Account for Renewable Energy, Energy Efficiency and
Energy Conservation Loans.
3. The Director may accept gifts,
contributions, grants and bequests of money from any public or private source.
The money so accepted must be deposited in the State Treasury for credit to the
Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans,
or the Account for Set-Aside Programs, and can be used to provide money from
the State to match the federal grant, as required by the American Recovery and
Reinvestment Act.
4. Only federal money deposited in a
separate subaccount of the Account for Renewable Energy, Energy Efficiency and
Energy Conservation Loans, including repayments of principal and interest on
loans made solely from federal money, and interest and income earned on federal
money in the Account for Renewable Energy, Energy Efficiency and Energy
Conservation Loans, may be used to benefit a qualified applicant who is not a
governmental entity.
(Added to NRS by 2009, 2002;
A 2011,
1769)
NRS 701.585 Powers and duties of Director; limitations.
1. The Director shall:
(a) Use the money in the Account for Renewable
Energy, Energy Efficiency and Energy Conservation Loans and the Account for
Set-Aside Programs for the purposes set forth in the American Recovery and
Reinvestment Act.
(b) Determine whether a qualified applicant who
receives money or other assistance from the Account for Renewable Energy,
Energy Efficiency and Energy Conservation Loans or the Account for Set-Aside
Programs complies with the American Recovery and Reinvestment Act and
regulations adopted pursuant thereto.
2. The Director may:
(a) Prepare and enter into required agreements
with the Federal Government for the acceptance of grants of money for the
Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans
and the Account for Set-Aside Programs.
(b) Bind the Office of Energy to terms of the
required agreements.
(c) Accept grants made pursuant to the American
Recovery and Reinvestment Act.
(d) Manage the Account for Renewable Energy,
Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside
Programs in accordance with the requirements and objectives of the American
Recovery and Reinvestment Act.
(e) Provide services relating to management and
administration of the Account for Renewable Energy, Energy Efficiency and
Energy Conservation Loans and the Account for Set-Aside Programs, including the
preparation of any agreement, plan or report.
(f) Perform, or cause to be performed by agencies
or organizations through interagency agreement, contract or memorandum of
understanding, set-aside programs pursuant to the American Recovery and
Reinvestment Act.
(g) Enter into agreements or cooperate with third
parties to provide for enhanced leveraging of money in the Account for
Renewable Energy, Energy Efficiency and Energy Conservation Loans, additional
financing mechanisms or any other program or combination of programs for the purpose
of expanding the scope of financial assistance available from the Account for
Renewable Energy, Energy Efficiency and Energy Conservation Loans.
3. The Director shall not commit any money
in the Account for Renewable Energy, Energy Efficiency and Energy Conservation
Loans for expenditure for the purposes set forth in NRS
701.590 without obtaining the prior approval of the Legislature or the
Interim Finance Committee if the Legislature is not in session.
(Added to NRS by 2009, 2003;
A 2011,
1770)
NRS 701.590 Limitations on use of money; compliance with federal law.
1. Except as otherwise provided in
subsection 6 and NRS 701.580, money in the Account
for Renewable Energy, Energy Efficiency and Energy Conservation Loans,
including repayments of principal and interest on loans, and interest and
income earned on money in the Account for Renewable Energy, Energy Efficiency
and Energy Conservation Loans, may be used only to make loans at a rate of not
more than 3 percent to a qualified applicant for:
(a) The construction of an energy conservation
project;
(b) The construction of an energy efficiency
project;
(c) The construction or expansion of a renewable
energy system; or
(d) The manufacturing of components of a
renewable energy system.
2. Money in the Account for Set-Aside
Programs may be used only to fund set-aside programs authorized by the American
Recovery and Reinvestment Act. Money in the Account for Set-Aside Programs may
be transferred to the Account for Renewable Energy, Energy Efficiency and
Energy Conservation Loans pursuant to the American Recovery and Reinvestment
Act.
3. A qualified applicant who requests a
loan or other financial assistance must demonstrate that the qualified
applicant has:
(a) Complied with the American Recovery and
Reinvestment Act and regulations adopted pursuant thereto; or
(b) Agreed to take actions that are needed to
ensure that the qualified applicant has the capability to comply with the
American Recovery and Reinvestment Act and regulations adopted pursuant
thereto.
4. Money from the Account for Renewable
Energy, Energy Efficiency and Energy Conservation Loans may not be given to a
qualified applicant for the expansion of an existing renewable energy system
unless the qualified applicant has the technical, managerial and financial
capability to ensure compliance with the American Recovery and Reinvestment Act
and regulations adopted pursuant thereto. To receive such funding for the
construction of a new renewable energy system, a qualified applicant must
demonstrate that the qualified applicant has the technical, managerial and
financial capability to ensure compliance with the American Recovery and
Reinvestment Act and regulations adopted pursuant thereto.
5. The Director shall, before approving an
applicant for financial assistance from the Account for Renewable Energy,
Energy Efficiency and Energy Conservation Loans, consider whether the applicant
has received or is eligible to receive from any other governmental entity any
money or other financial incentive, including, without limitation, any grant,
loan, tax credit or abatement of any tax for the purpose of financing in whole
or in part the energy efficiency or energy conservation project of the
applicant.
6. The Director may use the interest
earned on money in the Account for Renewable Energy, Energy Efficiency and
Energy Conservation Loans and the interest earned on loans made from the
Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans
to defray, in whole or in part, the costs and expenses of administering the
Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans
and to carry out the purposes of NRS 701.545 to 701.595, inclusive.
7. The Director shall give preference to
qualified applicants seeking funding or assistance from the Account for
Renewable Energy, Energy Efficiency and Energy Conservation Loans for larger
energy conservation projects, energy efficiency projects or renewable energy
systems. The Director shall, by regulation, define “larger energy conservation
projects, energy efficiency projects or renewable energy systems” for purposes
of this section.
(Added to NRS by 2009, 2003;
A 2011,
1770)
NRS 701.595 Regulations. The
Director may adopt such regulations as are necessary to carry out the
provisions of NRS 701.545 to 701.595,
inclusive.
(Added to NRS by 2009, 2004;
A 2011,
1771)
ENERGY DEVELOPMENT PROJECTS
NRS 701.600 Applicability. The
provisions of NRS 701.610, 701.620
and 701.630 do not apply to a project that has a
generating capacity of less than 10 megawatts.
(Added to NRS by 2011, 2547)
NRS 701.610 Notice of energy development project: Filing; form; contents;
regulations.
1. Except as otherwise provided in NRS 701.600, a person who files an application with
the Federal Government for a lease or easement for a right-of-way for an energy
development project or an application with the Public Utilities Commission of
Nevada or any county in this State relating to the construction of an energy
development project shall, concurrently with the filing of the application,
file a notice of the energy development project with the Department of
Wildlife.
2. The notice required by subsection 1
must be provided to the Department of Wildlife in such form as the Department
prescribes and contain:
(a) A description of the location and the
energy development project to be built thereon;
(b) A description of the boundaries of the
project and the estimated requirements for infrastructure of the project; and
(c) The estimated energy output for the
energy development project.
3. Within 30 days after a notice is filed
pursuant to subsection 1, the Department of Wildlife shall provide a copy of
the notice to the Office of Energy.
4. The Department of Wildlife shall, in
consultation with the Office of Energy, adopt regulations to carry out the
provisions of this section. The regulations must include, without limitation:
(a) Provisions setting forth the requirements for
making reasonable deposits and reimbursing the Department of Wildlife for the
actual costs, not to exceed $100,000, incurred by the Department 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 the energy development project for
which a notice is filed pursuant to subsection 1; and
(b) Except as otherwise provided in subsection 5,
any other requirements concerning the filing of a notice pursuant to subsection
1.
5. Any regulations adopted pursuant to
subsection 4 must not require a person to reimburse any costs incurred by the
Department of Wildlife for providing any information requested by the Federal
Government, the Public Utilities Commission of Nevada or an applicant relating
to an energy development project that was previously provided pursuant to
paragraph (a) of subsection 4.
(Added to NRS by 2011, 2547)
NRS 701.620 Compilation of information; preparation and submission of
certain reports. The Department of
Wildlife shall:
1. Compile and maintain detailed
information concerning each energy development project for which notice is
filed pursuant to NRS 701.610. The information must
include, without limitation:
(a) The location of the energy development
project;
(b) A description of the energy development
project;
(c) The estimated energy output of the energy
development project; and
(d) The amount charged for the reimbursement of
costs for the energy development project in accordance with the regulations
specified in subsection 4 of NRS 701.610.
2. Prepare a report:
(a) Containing the information compiled pursuant
to subsection 1; and
(b) Setting forth the effect, if any, on the
budget of the Department of Wildlife as a result of receiving the reimbursement
of costs for providing information concerning energy development projects and
the manner in which the total amount received for those costs was used by the
Department.
3. On or before January 1 of each
even-numbered year, submit the report required pursuant to subsection 2 to the
Legislative Commission. On or before January 1 of each odd-numbered year, the
Department of Wildlife shall submit the report required pursuant to subsection
2 to the Director of the Legislative Counsel Bureau for transmittal to the
Legislature.
(Added to NRS by 2011, 2548)
NRS 701.630 Creation and administration of Energy Planning and Conservation
Account.
1. The Energy Planning and Conservation
Account is hereby created in the State General Fund.
2. The Director of the Department of
Wildlife may apply for and accept any gift, donation, bequest, grant or other
source of money for use by the Account. Any money so received must be deposited
in the Account.
3. The interest and income earned on the
money in the Account, after deducting any applicable charges, must be credited
to the Account. Claims against the Account must be paid as other claims against
the State are paid.
4. Any money remaining in the Account at
the end of a fiscal year does not revert to the State General Fund, and the
balance in the Account must be carried forward to the next fiscal year.
5. The Director of the Department of
Wildlife shall administer the Account. The money in the Account must be used in
accordance with the State Wildlife Action Plan and used by the Department:
(a) To conduct surveys of wildlife;
(b) To map locations of wildlife and wildlife
habitat in this State;
(c) To pay for conservation projects for wildlife
and its habitat;
(d) To match any federal money for a project or
program for the conservation of any species of wildlife which is of critical
concern; and
(e) To coordinate carrying out the provisions of
this subsection in cooperation with the Office of Energy.
6. The Department of Wildlife shall adopt
regulations to carry out the provisions of this section. The regulations must
include, without limitation, the criteria for projects for which the Department
may use money from the Account.
7. As used in this section, “State
Wildlife Action Plan” means a statewide plan prepared by the Department of
Wildlife and approved by the United States Fish and Wildlife Service which sets
forth provisions for the conservation of wildlife and wildlife habitat,
including, without limitation, provisions for assisting in the prevention of
any species of wildlife from becoming threatened or endangered.
(Added to NRS by 2011, 2548;
A 2013,
2766)
NRS 701.640 Creation and administration of Account for the Recovery of
Costs.
1. The Account for the Recovery of Costs
is hereby created in the State General Fund.
2. All money collected by the Department
of Wildlife in accordance with regulations adopted pursuant to NRS 701.610 must be deposited in the Account.
3. The interest and income earned on the
money in the Account, after deducting any applicable charges, must be credited
to the Account. Claims against the Account must be paid as other claims against
the State are paid.
4. The Director of the Department of
Wildlife may apply for and accept any gift, donation, bequest, grant or other
source of money for use by the Account. Any money so received must be deposited
in the Account. If the Director of the Department of Wildlife receives any
matching federal money which is credited to the Account pursuant to this
subsection, the amount of money credited may be transferred to the Energy
Planning and Conservation Account created by NRS
701.630.
5. Any money remaining in the Account at
the end of a fiscal year does not revert to the State General Fund, and the
balance in the Account must be carried forward to the next fiscal year.
6. The Director of the Department of
Wildlife shall administer the Account. The money in the Account must be used by
the Department of Wildlife solely:
(a) To provide to the Federal Government, the
Public Utilities Commission of Nevada or any person any information relating to
wildlife or wildlife habitat based on the location of an energy development project;
or
(b) To match any federal money for a project or
program for the conservation of any species of wildlife.
(Added to NRS by 2011, 2549;
A 2013,
2767)
RENEWABLE ENERGY PROJECTS ON INDIAN TRIBAL LANDS
NRS 701.680 Waiver of tribal sovereign immunity allows state courts to
exercise jurisdiction over actions and claims relating to renewable energy
projects on Indian tribal lands.
1. A court of this State has jurisdiction
pursuant to subsection 1 of NRS 14.065
with respect to any claim or action relating to a renewable energy project
located upon Indian tribal land if:
(a) The Indian tribe occupying the tribal land
has a reservation of not less than 60,000 acres;
(b) The Indian tribal land is located in a county
whose population is 700,000 or more; and
(c) The governing body of the Indian tribe has
expressly waived its sovereign immunity with respect to such claim or action in
a written agreement, contract or other instrument which expressly states that
the terms of the agreement, contract or other instrument must be governed by
the applicable laws of this State.
2. As used in this section, “renewable
energy project” means a project for the construction or installation of a
facility for the generation of renewable energy.
(Added to NRS by 2013, 3504)