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
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: 704.020 1. "Public utility" or "utility" includes:1-3
(a) Any person who owns, operates, manages or controls any railroad or1-4
part of a railroad as a common carrier in this state, or cars or other1-5
equipment used thereon, or bridges, terminals, or sidetracks, or any docks1-6
or wharves or storage elevators used in connection therewith, whether or1-7
not they are owned by the railroad.1-8
(b) Telephone companies and other companies which provide1-9
telecommunication or a related service to the public.1-10
(c) Radio or broadcasting instrumentalities providing common or1-11
contract service.1-12
(d) All companies which own cars of any kind or character, used and1-13
operated as a part of railroad trains, in or through this state. All duties1-14
required of and penalties imposed upon any railroad or any officer or agent1-15
thereof are, insofar as applicable, required of and imposed upon the owner1-16
or operator of any telephone, radio and broadcasting companies,2-1
companies providing telecommunication or related services to the public2-2
and companies which own cars of any kind or character, used and operated2-3
as a part of railroad trains in or through this state, and their officers and2-4
agents, and the commission may supervise and control all such companies2-5
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, tunnel2-8
or tunnel and drainage system, charging rates, fares or tolls, directly or2-9
indirectly.2-10
(b) Any plant or equipment, or any part of a plant or equipment, within2-11
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 within2-15
the limits of municipalities.2-16
(c) Any system for the distribution of liquefied petroleum gas to 10 or2-17
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 the2-20
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 to2-23
all railroads, express companies , car companies and all associations of2-24
persons, whether or not incorporated, that do any business as a common2-25
carrier upon or over any line of railroad within this state.2-26
4. "Public utility" or "utility" does not include an irrigation district2-27
that generates, produces, transmits and sells electric power or electrical2-28
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: 704.970 "Electric distribution utility" means a utility that is in the2-31
business of supplying noncompetitive electric distribution or transmission2-32
service, or both, or a noncompetitive service pursuant to NRS 704.982, on2-33
or after July 1, 1999, or the date on which alternative sellers are authorized2-34
to provide potentially competitive services to customers in this state, as2-35
appropriate. The term does not include an irrigation district that2-36
generates, produces, transmits and sells electric power or electrical2-37
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: 539.237 1. The board of directors may:2-40
(a) Generate, produce, transmit and sell electric power or electrical2-41
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 electric2-43
power or transmission lines.3-1
2. In any irrigation district having a reservoir or reservoirs for the3-2
storage of water with a capacity of less than 250,000 acre-feet, the board3-3
may not acquire or contract for the construction or acquisition of electric3-4
power or transmission lines at a cost exceeding the sum of $50,000 without3-5
first obtaining the approval of the electors of the district at a special3-6
election, district election or primary or general state election.3-7
3. In any irrigation district having a reservoir or reservoirs for the3-8
storage of water with a capacity of 250,000 acre-feet or more, the board3-9
may not acquire or contract for the construction or acquisition of electric3-10
power or transmission lines at a cost exceeding the sum of $100,0003-11
without first obtaining the approval of the electors of the district at a3-12
special election, district election or primary or general state election.3-13
4. An irrigation district that generates, produces, transmits and sells3-14
electric power or electrical energy in any form in furtherance of the3-15
purposes of this chapter is not a utility subject to the jurisdiction of the3-16
public utilities commission of Nevada.3-17
Sec. 4. This act becomes effective upon passage and approval.~