Assembly Bill No. 426–Committee on Natural Resources, Agriculture and Mining

March 8, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Provides that irrigation districts that generate, produce, transmit and sell electricity are not subject to jurisdiction of public utilities commission of Nevada. (BDR 58-1318)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to irrigation districts; providing that irrigation districts that generate, produce, transmit and sell electric power or energy are not public utilities subject to the jurisdiction of the public utilities commission of Nevada; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 704.020 is hereby amended to read as follows:

1-2 704.020 1. "Public utility" or "utility" includes:

1-3 (a) Any person who owns, operates, manages or controls any railroad or

1-4 part of a railroad as a common carrier in this state, or cars or other

1-5 equipment used thereon, or bridges, terminals, or sidetracks, or any docks

1-6 or wharves or storage elevators used in connection therewith, whether or

1-7 not they are owned by the railroad.

1-8 (b) Telephone companies and other companies which provide

1-9 telecommunication or a related service to the public.

1-10 (c) Radio or broadcasting instrumentalities providing common or

1-11 contract service.

1-12 (d) All companies which own cars of any kind or character, used and

1-13 operated as a part of railroad trains, in or through this state. All duties

1-14 required of and penalties imposed upon any railroad or any officer or agent

1-15 thereof are, insofar as applicable, required of and imposed upon the owner

1-16 or operator of any telephone, radio and broadcasting companies,

2-1 companies providing telecommunication or related services to the public

2-2 and companies which own cars of any kind or character, used and operated

2-3 as a part of railroad trains in or through this state, and their officers and

2-4 agents, and the commission may supervise and control all such companies

2-5 and persons to the same extent as railroads.

2-6 2. "Public utility" or "utility" also includes:

2-7 (a) Any person who owns, operates or controls any ditch, flume, tunnel

2-8 or tunnel and drainage system, charging rates, fares or tolls, directly or

2-9 indirectly.

2-10 (b) Any plant or equipment, or any part of a plant or equipment, within

2-11 this state for the production, delivery or furnishing for or to other persons,

2-12 including private or municipal corporations, heat, gas, coal slurry, light,

2-13 power in any form or by any agency, water for business, manufacturing,

2-14 agricultural or household use, or sewerage service, whether or not within

2-15 the limits of municipalities.

2-16 (c) Any system for the distribution of liquefied petroleum gas to 10 or

2-17 more users.

2-18 The commission may supervise, regulate and control all such utilities,

2-19 subject to the provisions of this chapter and to the exclusion of the

2-20 jurisdiction, regulation and control of such utilities by any municipality,

2-21 town or village, unless otherwise provided by law.

2-22 3. The provisions of this chapter and the term "public utility" apply to

2-23 all railroads, express companies , car companies and all associations of

2-24 persons, whether or not incorporated, that do any business as a common

2-25 carrier upon or over any line of railroad within this state.

2-26 4. "Public utility" or "utility" does not include an irrigation district

2-27 that generates, produces, transmits and sells electric power or electrical

2-28 energy in any form in accordance with chapter 539 of NRS.

2-29 Sec. 2. NRS 704.970 is hereby amended to read as follows:

2-30 704.970 "Electric distribution utility" means a utility that is in the

2-31 business of supplying noncompetitive electric distribution or transmission

2-32 service, or both, or a noncompetitive service pursuant to NRS 704.982, on

2-33 or after July 1, 1999, or the date on which alternative sellers are authorized

2-34 to provide potentially competitive services to customers in this state, as

2-35 appropriate. The term does not include an irrigation district that

2-36 generates, produces, transmits and sells electric power or electrical

2-37 energy in any form in accordance with chapter 539 of NRS.

2-38 Sec. 3. NRS 539.237 is hereby amended to read as follows:

2-39 539.237 1. The board of directors may:

2-40 (a) Generate, produce, transmit and sell electric power or electrical

2-41 energy in any form in furtherance of the purposes of this chapter.

2-42 (b) Acquire or contract for the delivery of electric power and electric

2-43 power or transmission lines.

3-1 2. In any irrigation district having a reservoir or reservoirs for the

3-2 storage of water with a capacity of less than 250,000 acre-feet, the board

3-3 may not acquire or contract for the construction or acquisition of electric

3-4 power or transmission lines at a cost exceeding the sum of $50,000 without

3-5 first obtaining the approval of the electors of the district at a special

3-6 election, district election or primary or general state election.

3-7 3. In any irrigation district having a reservoir or reservoirs for the

3-8 storage of water with a capacity of 250,000 acre-feet or more, the board

3-9 may not acquire or contract for the construction or acquisition of electric

3-10 power or transmission lines at a cost exceeding the sum of $100,000

3-11 without first obtaining the approval of the electors of the district at a

3-12 special election, district election or primary or general state election.

3-13 4. An irrigation district that generates, produces, transmits and sells

3-14 electric power or electrical energy in any form in furtherance of the

3-15 purposes of this chapter is not a utility subject to the jurisdiction of the

3-16 public utilities commission of Nevada.

3-17 Sec. 4. This act becomes effective upon passage and approval.

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