Nrs: Chapter 701 - Energy Policy

Link to law: https://www.leg.state.nv.us/NRS/NRS-701.html
Published: 2015

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[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)