requires two-thirds majority vote (§ 27)
A.B. 661
Assembly Bill No. 661–Select Committee on Energy
March 26, 2001
____________
Referred to Select Committee on Energy
SUMMARY—Revises and repeals various provisions concerning utilities and energy. (BDR 58‑1128)
FISCAL NOTE: Effect on Local Government: No.
~
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 energy; changing the office of commissioner of the public utilities commission of Nevada from an appointed to an elected office; establishing separate procedures for the filing and approval of changes in rates by certain electric utilities; authorizing certain electric utilities to use deferred accounting; providing for the levy of a one-time assessment on certain electric generating plants; requiring the public utilities commission of Nevada to consider in certain circumstances whether the construction of a new electric generating plant will increase the amount of electricity that is available for purchase in this state; requiring a public utility that purchases electricity for resale pursuant to multiple agreements to ensure to the extent practicable that the duration of such agreements is varied; revising the authority of the public utilities commission of Nevada to regulate mergers, acquisitions and other transactions involving public utilities, holding companies and other entities; making various changes with respect to net metering; establishing a program for the issuance of bonds to pay the cost of renewable energy generation projects; creating the task force for renewable energy; prescribing the membership and duties of the task force for renewable energy; creating the trust fund for renewable energy; transferring control of the Nevada state energy office from the director of the department of business and industry to the bureau of consumer protection in the office of the attorney general; allocating to the housing division of the department of business and industry for use by the administrator of the division for a program for weatherization certain proceeds of a county tax attributable to growth in assessed valuation; prohibiting certain transactions entered into by certain utilities and holding companies; 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 703.030 is hereby amended to read as follows:
1-2 703.030 1. The commission consists of three commissioners
1-3 [appointed by the governor] elected for terms of 4 years.
2-1 [2. The governor shall appoint as members of the commission persons
2-2 who have at least 2 years of experience in one or more of the following
2-3 fields:
2-4 (a) Accounting.
2-5 (b) Business administration.
2-6 (c) Finance or economics.
2-7 (d) Administrative law.
2-8 (e) Professional engineering.
2-9 3. Not more than two of the commissioners may be:
2-10 (a) Members of the same political party.
2-11 (b) From the same field of experience.] One commissioner must be
2-12 elected by the registered voters of congressional district 1, one
2-13 commissioner must be elected by the registered voters of congressional
2-14 district 2, and one commissioner must be elected by the registered voters
2-15 of congressional district 3.
2-16 2. A member of the commission must be a resident of the
2-17 congressional district from which that member is elected.
2-18 3. If a vacancy occurs on the commission, the governor shall appoint
2-19 a person to fill the vacancy until the next general election. A person
2-20 appointed pursuant to this subsection to fill a vacancy on the commission
2-21 must be a resident of the congressional district corresponding to the
2-22 vacancy on the commission.
2-23 Sec. 2. NRS 703.110 is hereby amended to read as follows:
2-24 703.110 1. [The] Except as otherwise provided in sections 7 to 25,
2-25 inclusive, of this act or any other specific statute, the majority of the
2-26 commissioners have full power to act in all matters within [their
2-27 jurisdiction.] the jurisdiction of the commission.
2-28 2. If two commissioners are disqualified or if there are two vacancies
2-29 within the commission, the remaining commissioner shall exercise all the
2-30 powers of the commission.
2-31 3. Except as otherwise provided in this chapter, all hearings and
2-32 meetings conducted by the commission must be open to the public.
2-33 Sec. 3. NRS 703.130 is hereby amended to read as follows:
2-34 703.130 1. The commission shall appoint a deputy commissioner
2-35 who shall serve in the unclassified service of the state.
2-36 2. The commission shall appoint a secretary who shall perform such
2-37 administrative and other duties as are prescribed by the commission. The
2-38 commission shall also appoint an assistant secretary.
2-39 3. The commission may employ such other clerks, experts or engineers
2-40 as may be necessary.
2-41 4. [The commission may] Except as otherwise provided in subsection
2-42 5, the commission:
2-43 (a) May appoint one or more hearing officers for a period specified by
2-44 the commission to conduct proceedings or hearings that may be conducted
2-45 by the commission pursuant to chapters 704, 704A, 705, 708 and 711 of
2-46 NRS. [The commission shall]
2-47 (b) Shall prescribe by regulation the procedure for appealing a decision
2-48 of a hearing officer to the commission.
3-1 5. The commission may not appoint a hearing officer to conduct
3-2 proceedings or hearings pursuant to sections 7 to 25, inclusive, of this
3-3 act.
3-4 Sec. 4. NRS 703.320 is hereby amended to read as follows:
3-5 703.320 1. [When, in] In any matter pending before the commission,
3-6 if a hearing is required by [law,] a specific statute or is [normally]
3-7 otherwise required by the commission, the commission shall give notice of
3-8 the pendency of the matter to all persons entitled to notice of the hearing.
3-9 [The] Except as otherwise provided in sections 7 to 25, inclusive, of this
3-10 act, the commission shall by regulation specify:
3-11 (a) The manner of giving notice[;] in each type of proceeding; and
3-12 (b) [Where not specified by law, the] The persons entitled to notice in
3-13 each type of proceeding.
3-14 2. [Unless,] The commission may not dispense with a hearing in any
3-15 matter pending before the commission pursuant to sections 7 to 25,
3-16 inclusive, of this act.
3-17 3. In any other matter pending before the commission, the
3-18 commission may dispense with a hearing and act upon the matter
3-19 pending unless, within 10 days after the date of the notice of pendency, a
3-20 person entitled to notice of the hearing files with the commission a request
3-21 that the hearing be held . [, the commission may dispense with a hearing
3-22 and act upon the matter pending.
3-23 3.] If such a request for a hearing is filed, the commission shall give at
3-24 least 10 days’ notice of the hearing.
3-25 Sec. 5. NRS 703.374 is hereby amended to read as follows:
3-26 703.374 1. A court of competent jurisdiction, after hearing, may
3-27 issue an injunction suspending or staying any final order of the commission
3-28 if:
3-29 (a) The applicant has filed a motion for a preliminary injunction;
3-30 (b) The applicant has served the motion on the commission and other
3-31 interested parties within 20 days after the rendition of the order on which
3-32 the complaint is based;
3-33 (c) The court finds there is a reasonable likelihood that the applicant
3-34 will prevail on the merits of the matter and will suffer irreparable injury if
3-35 injunctive relief is not granted; and
3-36 (d) The applicant files a bond or other undertaking to secure the adverse
3-37 parties in such manner as the court finds sufficient.
3-38 2. The decision of the commission on each matter considered shall be
3-39 deemed reasonable and just until set aside by the court, and in all actions
3-40 for injunction or otherwise the burden of proof is upon the party attacking
3-41 or resisting the order of the commission to show by clear and satisfactory
3-42 evidence that the order is unlawful, or unreasonable, as the case may be.
3-43 3. If an injunction is granted by the court and the order complained of
3-44 is one which disapproves or permanently suspends a schedule of rates and
3-45 charges or a part thereof filed by any public utility pursuant to NRS
3-46 704.070 to 704.110, inclusive, or sections 7 to 25, inclusive, of this act, or
3-47 which otherwise prevents the schedule or any part thereof from taking
3-48 effect, the public utility complaining may keep in effect or put into effect,
3-49 as the case may be, the disapproved or suspended schedule or any part
4-1 thereof pending final determination by the court having jurisdiction, by
4-2 filing a bond with the court in such an amount as the court may fix,
4-3 conditioned upon the refund to persons entitled to the excess amount if the
4-4 rate or rates so suspended are finally determined by the court to be
4-5 excessive.
4-6 Sec. 6. Chapter 704 of NRS is hereby amended by adding thereto the
4-7 provisions set forth as sections 7 to 30, inclusive, of this act.
4-8 Sec. 7. As used in sections 7 to 25, inclusive, of this act, unless the
4-9 context otherwise requires, the words and terms defined in sections 8 to
4-10 16, inclusive, of this act have the meanings ascribed to them in those
4-11 sections.
4-12 Sec. 8. “Application of substantial financial emergency” means an
4-13 application filed by an electric utility pursuant to section 22 of this act
4-14 requesting approval from the commission to implement or change one or
4-15 more rates for a temporary period based upon a substantial financial
4-16 emergency.
4-17 Sec. 9. “Application to clear its deferred accounts” means an
4-18 application filed by an electric utility pursuant to section 21 of this act
4-19 requesting approval from the commission to clear its deferred accounts
4-20 for purchased fuel and purchased power.
4-21 Sec. 10. 1. “Approved by every member of the commission” means
4-22 that, with regard to a particular matter before the commission, every
4-23 commissioner who is a member of the commission:
4-24 (a) Must be present at a hearing on the matter that is open to the
4-25 public; and
4-26 (b) Must vote to approve the matter on the record at the hearing.
4-27 2. For the purposes of this section, “commissioner” does not include:
4-28 (a) Any vacancy within the commission; and
4-29 (b) Any commissioner who is prohibited or disqualified from voting or
4-30 taking action on the matter pursuant to NRS 281.411 to 281.581,
4-31 inclusive, or any other specific statute.
4-32 Sec. 11. “Consumer’s advocate” means the consumer’s advocate of
4-33 the bureau of consumer protection in the office of the attorney general.
4-34 Sec. 12. “Date of filing” means the date on which an electric utility
4-35 has filed, in the form and manner required by the commission, an
4-36 application and all supporting materials that are required to be submitted
4-37 with the application.
4-38 Sec. 13. 1. “Electric utility” means any public utility or successor
4-39 in interest that:
4-40 (a) Is in the business of providing electric service to customers;
4-41 (b) Holds a certificate of public convenience and necessity issued or
4-42 transferred pursuant to this chapter; and
4-43 (c) In the most recently completed calendar year or in any other
4-44 calendar year within the 7 calendar years immediately preceding the
4-45 most recently completed calendar year, had a gross operating revenue of
4-46 $250,000,000 or more in the State of Nevada.
4-47 2. The term does not include a cooperative association, nonprofit
4-48 corporation, nonprofit association or provider of electric service which is
5-1 declared to be a public utility pursuant to NRS 704.673 and which
5-2 provides service only to its members.
5-3 Sec. 14. “General rate application” means an application filed by an
5-4 electric utility pursuant to section 19 of this act requesting approval from
5-5 the commission to implement or change one or more rates.
5-6 Sec. 15. “Rate” means:
5-7 1. Any rate, charge, fee, assessment or revenue collected by an
5-8 electric utility from its customers for providing those customers with any
5-9 component of electric service; and
5-10 2. Any schedule, tariff, rule, regulation, classification, design,
5-11 practice or service related to or affecting such rates, charges, fees,
5-12 assessments or revenue.
5-13 Sec. 16. “Substantial financial emergency” means, with regard to
5-14 an electric utility, any set of circumstances that:
5-15 1. Exists or has a substantial probability of coming into existence
5-16 within the immediate future; and
5-17 2. Has caused or has a substantial probability of causing the electric
5-18 utility to become:
5-19 (a) Insolvent or subject to any proceeding in bankruptcy; or
5-20 (b) Unable to secure credit, fuel or power to such a degree that the
5-21 electric utility is substantially impaired in its ability to provide reliable
5-22 electric service to its customers.
5-23 Sec. 17. The provisions of NRS 704.100 and 704.110 do not apply to
5-24 any rate that is subject to the provisions of sections 7 to 25, inclusive, of
5-25 this act.
5-26 Sec. 18. 1. An electric utility shall not implement or change any
5-27 rate unless, before the implementation or change, the commission
5-28 approves the rate by a written order issued in accordance with the
5-29 provisions of sections 7 to 25, inclusive, of this act.
5-30 2. If an electric utility implements or changes any rate in violation of
5-31 the provisions of sections 7 to 25, inclusive, of this act, the rate is void
5-32 and unenforceable and is not valid for any purpose.
5-33 Sec. 19. Except as otherwise provided in sections 20 and 21 of this
5-34 act:
5-35 1. An electric utility may file a general rate application requesting
5-36 approval from the commission to implement or change one or more rates
5-37 if, on the date of filing, the electric utility:
5-38 (a) Has not filed with the commission any other general rate
5-39 application within the immediately preceding 4 months; and
5-40 (b) Does not have any other general rate application pending before
5-41 the commission.
5-42 2. If an electric utility files a general rate application, the electric
5-43 utility shall, on the date of filing, submit with the application:
5-44 (a) A statement showing its recorded results of revenues, expenses,
5-45 investments and costs of capital for the most recent 12-month period for
5-46 which such data was available when the application was prepared; and
5-47 (b) Any other supporting materials that are required to be filed with
5-48 the application pursuant to the regulations adopted by the commission.
6-1 3. The commission may not hear the merits of or make a final
6-2 decision on a general rate application if the electric utility that filed the
6-3 application has not submitted with the application all supporting
6-4 materials required by this section or by an order of the commission
6-5 issued after the date of filing.
6-6 4. If an electric utility has filed a general rate application and has
6-7 submitted with the application all supporting materials required by this
6-8 section, the commission shall:
6-9 (a) Provide public notice of the application not later than 3 days after
6-10 the date of filing. Such public notice must include, without limitation:
6-11 (1) Publishing notices for at least 3 consecutive days in one or more
6-12 newspapers of general circulation in the two counties with the largest
6-13 populations in this state and, as determined by the commission,
6-14 publishing such notices in one or more newspapers of general
6-15 circulation in other counties. The electric utility that filed the application
6-16 shall pay the costs for publishing all such notices.
6-17 (2) Posting notices on any website or other Internet site which is
6-18 administered by the commission or which is administered by the state for
6-19 use by the executive department.
6-20 (3) Other methods of notice, as determined by the commission, by
6-21 which the electric utility informs its customers of the application.
6-22 (b) For a period of not less than 14 days after the date on which
6-23 notices are first published in one or more newspapers, allow any
6-24 interested persons to file protests to the application or petitions to
6-25 intervene in the matter. The consumer’s advocate shall be deemed a party
6-26 of record and does not have to file a petition to intervene in the matter.
6-27 (c) Not sooner than 14 days after the date on which protests and
6-28 petitions to intervene must be filed, conduct one or more hearings on the
6-29 application that are open to the public.
6-30 (d) Not later than 120 days after the date of filing, issue a written
6-31 order disapproving or approving the rates in the application upon such
6-32 terms, conditions or modifications as the commission deems appropriate.
6-33 The commission may extend the time within which it must issue an order
6-34 for a single period not to exceed 30 days.
6-35 5. The commission shall consider the following evidence to
6-36 determine whether to approve the rates in a general rate application:
6-37 (a) Actual recorded results of operations by the electric utility for the
6-38 12-month period identified in the application, adjusted for increased
6-39 revenues, increased investment in any utility facility, increased expenses
6-40 for depreciation, other operating expenses as approved by the
6-41 commission and changes in the costs of securities if such adjustments:
6-42 (1) Are known and are measurable with reasonable accuracy on the
6-43 date of filing; and
6-44 (2) Will become effective not later than 6 months after the last
6-45 month of the 12-month period, except that no rate may be implemented
6-46 or increased based upon such adjustments until the changes justifying
6-47 the adjustments have been experienced by the electric utility and certified
6-48 by the electric utility to the commission.
7-1 (b) Expenses for depreciation, calculated on an annual basis,
7-2 applicable to any utility facility which is a major component of the
7-3 electric utility’s plant and which was placed into service during the 12-
7-4 month period or the period for certification as set forth in the
7-5 application.
7-6 6. For the purposes of this section:
7-7 (a) Adjustments to revenues, operating expenses and costs of
7-8 securities must be calculated on an annual basis.
7-9 (b) A utility facility identified in a 3-year plan submitted pursuant to
7-10 NRS 704.741 and accepted by the commission for acquisition or
7-11 construction pursuant to NRS 704.751 and the regulations adopted
7-12 pursuant thereto shall be deemed to be a prudent investment. The utility
7-13 may recover all just and reasonable costs of planning and constructing
7-14 such a facility.
7-15 7. If the commission approves one or more rates in a general rate
7-16 application, the rates do not become effective until:
7-17 (a) The date on which the commission issues its order approving the
7-18 rates; or
7-19 (b) Any later date that is designated by the commission in its order
7-20 approving the rates.
7-21 Sec. 20. The commission may exempt an electric utility from the
7-22 strict application of any provision of section 19 of this act for any part of
7-23 a general rate application requesting approval from the commission to
7-24 discontinue or decrease one or more rates.
7-25 Sec. 21. 1. An electric utility shall use deferred accounting by
7-26 recording upon its books and records all increases and decreases in costs
7-27 for purchased fuel and purchased power.
7-28 2. If an electric utility has one or more of its operating departments
7-29 in this state using deferred accounting pursuant to this section, the
7-30 electric utility shall include in its annual report to the commission a
7-31 statement showing the allocated rate of return for each operating
7-32 department using deferred accounting. If the rate of return for any such
7-33 operating department using deferred accounting is greater than the rate
7-34 of return authorized by the commission in the most recently approved
7-35 general rate application of the electric utility, the commission shall order
7-36 the electric utility that recovered costs of purchased fuel and purchased
7-37 power through its rates during the reporting period to transfer to the next
7-38 energy adjustment period that portion of the amount recovered by the
7-39 electric utility that exceeds the authorized rate of return.
7-40 3. If an electric utility has one or more of its operating departments
7-41 in this state using deferred accounting pursuant to this section, the
7-42 electric utility shall:
7-43 (a) File an application to clear its deferred accounts not later than 30
7-44 days after the last day of each 6-month period of deferred accounting.
7-45 The electric utility may not file more than one application for each 6-
7-46 month period of deferred accounting.
7-47 (b) On the date of filing, submit with the application any supporting
7-48 materials that are required to be filed with the application pursuant to
7-49 the regulations adopted by the commission.
8-1 4. The commission may not hear the merits of or make a final
8-2 decision on an electric utility’s application to clear its deferred accounts
8-3 if the electric utility has not submitted with the application all supporting
8-4 materials required by this section or by an order of the commission
8-5 issued after the date of filing.
8-6 5. If an electric utility has filed an application to clear its deferred
8-7 accounts and has submitted with the application all supporting materials
8-8 required by this section, the commission shall:
8-9 (a) Provide public notice of the application not later than 3 days after
8-10 the date of filing. Such public notice must include, without limitation:
8-11 (1) Publishing notices for at least 3 consecutive days in one or more
8-12 newspapers of general circulation in the two counties with the largest
8-13 populations in this state and, as determined by the commission,
8-14 publishing such notices in one or more newspapers of general
8-15 circulation in other counties. The electric utility that filed the application
8-16 shall pay the costs for publishing all such notices.
8-17 (2) Posting notices on any website or other Internet site which is
8-18 administered by the commission or which is administered by the state for
8-19 use by the executive department.
8-20 (3) Other methods of notice, as determined by the commission, by
8-21 which the electric utility informs its customers of the application.
8-22 (b) For a period of 7 days after the date on which notices are first
8-23 published in one or more newspapers, allow any interested persons to file
8-24 protests to the application or petitions to intervene in the matter. The
8-25 consumer’s advocate shall be deemed a party of record and does not have
8-26 to file a petition to intervene in the matter.
8-27 (c) Not later than 15 days after the date on which protests and
8-28 petitions to intervene must be filed, conduct one or more hearings on the
8-29 application that are open to the public.
8-30 (d) Not later than 30 days after the date of filing, issue a written order
8-31 disapproving or approving the application upon such terms, conditions
8-32 or modifications as the commission deems appropriate.
8-33 6. If an electric utility’s application to clear its deferred accounts is
8-34 approved by the commission, the commission:
8-35 (a) Shall authorize the electric utility to clear its deferred accounts by
8-36 refunding any credit balance to its customers or by recovering any debit
8-37 balance through its rates during a period not to exceed 1 year, as
8-38 determined by the commission.
8-39 (b) Shall not authorize the electric utility to recover any debit balance,
8-40 or portion thereof, in an amount that would result in a rate of return that
8-41 exceeds the rate of return authorized by the commission in the most
8-42 recently approved general rate application of the electric utility.
8-43 Sec. 22. 1. Except as otherwise provided in this section, if an
8-44 electric utility has filed a general rate application and has submitted with
8-45 the application all supporting materials required by section 19 of this act,
8-46 while the general rate application is pending the electric utility may file
8-47 an application of substantial financial emergency requesting approval
8-48 from the commission to implement or change one or more rates for a
8-49 temporary period based upon a substantial financial emergency.
9-1 2. If an electric utility files an application of substantial financial
9-2 emergency, the electric utility shall, on the date of filing, submit with the
9-3 application any supporting materials that are required to be filed with the
9-4 application pursuant to the regulations adopted by the commission.
9-5 3. The commission may not hear the merits of or make a final
9-6 decision on an application of substantial financial emergency if the
9-7 electric utility that filed the application has not submitted with the
9-8 application all supporting materials required by this section or by an
9-9 order of the commission issued after the date of filing.
9-10 4. If an electric utility has filed an application of substantial
9-11 financial emergency and has submitted with the application all
9-12 supporting materials required by this section, the commission shall:
9-13 (a) Provide public notice of the application not later than 3 days after
9-14 the date of filing. Such public notice must include, without limitation:
9-15 (1) Publishing notices for at least 3 consecutive days in one or more
9-16 newspapers of general circulation in the two counties with the largest
9-17 populations in this state and, as determined by the commission,
9-18 publishing such notices in one or more newspapers of general
9-19 circulation in other counties. The electric utility that filed the application
9-20 shall pay the costs for publishing all such notices.
9-21 (2) Posting notices on any website or other Internet site which is
9-22 administered by the commission or which is administered by the state for
9-23 use by the executive department.
9-24 (3) Other methods of notice, as determined by the commission, by
9-25 which the electric utility informs its customers of the application.
9-26 (b) For a period of 7 days after the date on which notices are first
9-27 published in one or more newspapers, allow any interested persons to file
9-28 protests to the application or petitions to intervene in the matter. The
9-29 consumer’s advocate shall be deemed a party of record and does not have
9-30 to file a petition to intervene in the matter.
9-31 (c) Not later than 15 days after the date on which protests and
9-32 petitions to intervene must be filed, conduct one or more hearings on the
9-33 application that are open to the public.
9-34 (d) Not later than 30 days after the date of filing, issue a written order
9-35 disapproving or approving the rates in the application. The commission
9-36 may not approve the rates in the application unless:
9-37 (1) The electric utility proves a substantial financial emergency by
9-38 clear and convincing evidence; and
9-39 (2) The rates are approved by every member of the commission.
9-40 Such approval may be based upon such terms, conditions or
9-41 modifications as the commission deems appropriate, if such terms,
9-42 conditions or modifications are approved by every member of the
9-43 commission.
9-44 5. If the commission approves one or more rates in an application of
9-45 substantial financial emergency:
9-46 (a) The electric utility may not file another application of substantial
9-47 financial emergency while the general rate application is pending.
9-48 (b) The rates approved by the commission may not be effective for a
9-49 period of more than 120 days, except that the rates expire on the date on
10-1 which the commission issues a written order disapproving or approving
10-2 the rates in the general rate application, if such a date occurs sooner. If
10-3 the commission finds during its consideration of the general rate
10-4 application that one or more rates approved in the application of
10-5 substantial financial emergency were excessive, the commission shall
10-6 order the electric utility to refund to its customers, in accordance with a
10-7 plan approved by the commission, the total amount determined by the
10-8 commission to be excessive.
10-9 6. If the commission disapproves an application of substantial
10-10 financial emergency, the electric utility may not file another application
10-11 of substantial financial emergency while the general rate application is
10-12 pending, unless new facts or considerations of policy are advanced in the
10-13 new application of substantial financial emergency to justify a reversal of
10-14 the prior decision of the commission.
10-15 Sec. 23. In a general rate application, an application to clear its
10-16 deferred accounts or an application of substantial financial emergency,
10-17 an electric utility may not set forth as its justification for a rate any items
10-18 of expense or rate base that previously have been considered and
10-19 disallowed by the commission, unless those items are clearly identified in
10-20 the application and new facts or considerations of policy for each item
10-21 are advanced in the application to justify a reversal of the prior decision
10-22 of the commission.
10-23 Sec. 24. 1. An electric utility shall post copies of:
10-24 (a) All rates that the electric utility has proposed in any general rate
10-25 application, application to clear its deferred accounts or application of
10-26 substantial financial emergency that is pending before the commission
10-27 for approval.
10-28 (b) All rates which the commission has approved pursuant to sections
10-29 7 to 25, inclusive, of this act and which are not currently in force.
10-30 2. An electric utility shall post copies of such rates in the same
10-31 stations and offices and in substantially the same form, manner and
10-32 places as required by NRS 704.070 for the posting of copies of rates that
10-33 are currently in force.
10-34 Sec. 25. 1. After issuing an order pursuant to sections 7 to 25,
10-35 inclusive, of this act, the commission may issue any supplemental order
10-36 that the commission finds is necessary or appropriate to:
10-37 (a) Amend, modify, supplement or carry out the provisions of the prior
10-38 order;
10-39 (b) Protect, further or serve the public interest; or
10-40 (c) Carry out the provisions of sections 7 to 25, inclusive, of this act.
10-41 2. If a supplemental order affects a prior order that was required to
10-42 be approved by every member of the commission pursuant to sections 7 to
10-43 25, inclusive, of this act, the supplemental order must be approved by
10-44 every member of the commission.
10-45 Sec. 26. As used in this section and NRS 704.330 to 704.430,
10-46 inclusive, unless the context otherwise requires, “electric utility” has the
10-47 meaning ascribed to it in section 13 of this act.
10-48 Sec. 27. 1. After a person constructs an electric generating plant in
10-49 this state and before the electric generating plant begins commercial
11-1 operation, the commission shall levy and collect an assessment from the
11-2 person pursuant to this section.
11-3 2. The amount of the assessment levied pursuant to this section must
11-4 equal the product obtained by multiplying the maximum generating
11-5 capacity of the electric generating plant, as determined by the public
11-6 utilities commission of Nevada, expressed in megawatts, by the sum of
11-7 $1,000.
11-8 3. The commission shall, on a quarterly basis, transfer any money
11-9 collected pursuant to this section to the state treasurer for credit to the
11-10 trust fund for renewable energy, created pursuant to section 85 of this
11-11 act.
11-12 4. The assessment authorized pursuant to this section may be levied
11-13 only one time with respect to a particular electric generating plant.
11-14 5. The provisions of this section apply to any electric generating
11-15 plant that begins commercial operation on or after the effective date of
11-16 this act, whether or not construction began on the electric generating
11-17 plant before the effective date of this act.
11-18 6. As used in this section:
11-19 (a) “Electric generating plant” means a facility that generates
11-20 electricity through the combustion of a fossil fuel.
11-21 (b) “Fossil fuel” has the meaning ascribed to it in section 81 of this
11-22 act.
11-23 (c) “Person” means any of the following, whether or not subject
11-24 ordinarily to regulation by the commission:
11-25 (1) A natural person;
11-26 (2) Any form of business or social organization and any other
11-27 nongovernmental legal entity, including, without limitation, a
11-28 corporation, partnership, association, trust or unincorporated
11-29 organization;
11-30 (3) A government or an agency or instrumentality of a government,
11-31 other than this state or an agency or instrumentality of this state; and
11-32 (4) A political subdivision of this state or of any other government
11-33 or an agency or instrumentality of a political subdivision of this state or
11-34 of any other government.
11-35 Sec. 28. With respect to the construction of an electric generating
11-36 plant and its associated facilities, the commission shall consider, in
11-37 determining whether to grant:
11-38 1. A certificate of public convenience and necessity;
11-39 2. A permit for construction pursuant to NRS 704.820 to 704.900,
11-40 inclusive; or
11-41 3. Any other approval within the authority of the commission,
11-42 whether the electric generating plant and its associated facilities will
11-43 benefit the residents of this state by increasing the quantity of electricity
11-44 that will be available for purchase in this state.
11-45 Sec. 29. 1. If a public utility purchases electric current for resale
11-46 pursuant to multiple contracts or existing obligations for the purchase of
11-47 power, the public utility shall, to the extent practicable, ensure that the
11-48 duration of such contracts or obligations are varied to protect the
12-1 customers of the public utility from the effects of fluctuations in the price
12-2 of electricity.
12-3 2. In determining pursuant to subsection 3 of NRS 704.320 whether
12-4 the purchase by a public utility of electric current for resale is desirable
12-5 in the public interest, the commission shall consider whether the public
12-6 utility is complying with the provisions of subsection 1.
12-7 Sec. 30. “Renewable energy” has the meaning ascribed to it in
12-8 section 83 of this act.
12-9 Sec. 31. NRS 704.070 is hereby amended to read as follows:
12-10 704.070 Unless exempt under the provisions of NRS 704.075 ,
12-11 704.095 or 704.097:
12-12 1. [Every] Each public utility shall file with the commission, within a
12-13 time to be fixed by the commission, schedules which must be open to
12-14 public inspection[, showing all] and which must show:
12-15 (a) All rates, tolls and charges which [it] the public utility has
12-16 established , which the commission has approved, if such approval was
12-17 required, and which are currently in force [at the time] for any service
12-18 performed or product furnished [in connection therewith by any] by the
12-19 public utility [controlled and operated by it.] ; and
12-20 (b) All joint rates, tolls and charges which the public utility has
12-21 established with one or more other public utilities, which the commission
12-22 has approved, if such approval was required, and which are currently in
12-23 force between those public utilities for any service performed or product
12-24 furnished by those public utilities.
12-25 2. All rules or regulations that in any manner affect the rates , tolls or
12-26 charges that are charged or [to] will be charged for any service performed
12-27 or product furnished by the public utility must be filed with [that] the
12-28 appropriate schedule.
12-29 3. A copy of each schedule filed by the public utility pursuant to this
12-30 section, or so much of the schedule as the commission deems necessary
12-31 for inspection by the public, must be:
12-32 (a) Printed in plain type and posted in each station or office of the
12-33 public utility where payments are made to the public utility by its
12-34 customers; and
12-35 (b) Open to inspection by the public and in such form and place as to
12-36 be readily accessible to and conveniently inspected by the public.
12-37 Sec. 32. NRS 704.075 is hereby amended to read as follows:
12-38 704.075 1. As used in this section, with respect to the sale of natural
12-39 gas:
12-40 (a) “Generating customer” means a customer who generates electricity
12-41 by burning natural gas.
12-42 (b) “Industrial customer” means a customer engaged primarily in
12-43 manufacturing or processing which changes raw or unfinished materials
12-44 into another form or creates another product.
12-45 (c) “Large commercial customer” means a customer whose
12-46 requirements equal or exceed [50 thousand] 50,000 cubic feet of natural
12-47 gas per day on any day and which is an institution, an agency of federal,
12-48 state or local government, or engaged primarily in renting out offices or
13-1 other commercial space, in providing lodging or in the sale of other goods
13-2 or services.
13-3 2. The commission shall establish standards for the setting, increase or
13-4 decrease of rates and charges for natural gas to generating, industrial and
13-5 large commercial customers. These standards must authorize increases or
13-6 decreases on less than 30 days’ notice. Establishing different classes of
13-7 customers, and charging different rates to customers of the same class, for
13-8 these customers do not violate this chapter.
13-9 3. The commission may, for sales to generating, industrial and large
13-10 commercial customers:
13-11 (a) Exempt the filing of rates from those provisions of NRS [704.080,
13-12 704.090,] 704.070, 704.100 and 704.110 which it determines are not
13-13 needed to protect the public interest.
13-14 (b) Authorize the establishment of different classes of customer or the
13-15 charging of different rates for customers of the same class, based on value
13-16 of the service and on the customer’s ability to change from one fuel to
13-17 another.
13-18 Sec. 33. NRS 704.100 is hereby amended to read as follows:
13-19 704.100 Except as otherwise provided in NRS 704.075 and section 17
13-20 of this act, or except as may otherwise be provided by the commission
13-21 pursuant to NRS 704.095, 704.097 or 704.275:
13-22 1. [No changes may be made] A public utility shall not make changes
13-23 in any schedule, including schedules of joint rates, or in the rules or
13-24 regulations affecting any rates or charges, except upon 30 days’ notice to
13-25 the commission, and all changes must be plainly indicated, or by filing new
13-26 schedules in lieu thereof 30 days before the time the schedules are to take
13-27 effect. The commission, upon application of [any] the public utility, may
13-28 prescribe a shorter time within which a reduction may be made.
13-29 2. [Copies] A public utility shall post copies of all proposed[,]
13-30 schedules and all new or amended schedules [must be filed and posted in
13-31 the offices of public utilities as required for original schedules.] in the
13-32 same stations and offices and in substantially the same form, manner
13-33 and places as required by NRS 704.070 for the posting of copies of
13-34 schedules that are currently in force.
13-35 3. A public utility may not set forth as justification for a rate increase
13-36 any items of expense or rate base [which] that previously have been
13-37 considered and disallowed by the commission, [only if] unless those items
13-38 are clearly identified in the application and new facts or considerations of
13-39 policy for each item are advanced in the application to justify a reversal of
13-40 the [commission’s] prior decision[.] of the commission.
13-41 4. The commission shall determine whether a hearing must be held
13-42 when the proposed change in any schedule stating a new or revised
13-43 individual or joint rate, fare or charge, or any new or revised individual or
13-44 joint regulation or practice affecting any rate, fare or charge, will result in
13-45 an increase in annual gross revenue as certified by the applicant of $2,500
13-46 or less.
13-47 [5.] In making [the] such a determination , the commission shall first
13-48 consider all timely written protests, any presentation the staff of the
14-1 commission may desire to present, the application of the public utility and
14-2 any other matters deemed relevant by the commission.
14-3 Sec. 34. NRS 704.110 is hereby amended to read as follows:
14-4 704.110 Except as otherwise provided in NRS 704.075 and section 17
14-5 of this act, or except as otherwise provided by the commission pursuant to
14-6 NRS 704.095 or 704.097:
14-7 1. Whenever there is filed with the commission any schedule stating a
14-8 new or revised individual or joint rate or charge, or any new or revised
14-9 individual or joint regulation or practice affecting any rate or charge, or
14-10 any schedule resulting in a discontinuance, modification or restriction of
14-11 service, the commission may, upon complaint or upon its own motion
14-12 without complaint, at once, without answer or formal pleading by the
14-13 interested utility, investigate or, upon reasonable notice, conduct a hearing
14-14 concerning the propriety of the rate, charge, classification, regulation,
14-15 discontinuance, modification, restriction or practice.
14-16 2. Pending the investigation or hearing and the decision thereon, the
14-17 commission, upon delivering to the utility affected thereby a statement in
14-18 writing of its reasons for the suspension, may suspend the operation of the
14-19 schedule and defer the use of the rate, charge, classification, regulation,
14-20 discontinuance, modification, restriction or practice, but not for more than
14-21 150 days beyond the time when the rate, charge, classification, regulation,
14-22 discontinuance, modification, restriction or practice would otherwise go
14-23 into effect.
14-24 3. Whenever there is filed with the commission any schedule stating an
14-25 increased individual or joint rate or charge for service or equipment, the
14-26 public utility shall submit with its application a statement showing the
14-27 recorded results of revenues, expenses, investments and costs of capital for
14-28 its most recent 12 months for which data were available when the
14-29 application was prepared. During any hearing concerning the increased
14-30 rates or charges determined by the commission to be necessary, the
14-31 commission shall consider evidence in support of the increased rates or
14-32 charges based upon actual recorded results of operations for the same 12
14-33 months, adjusted for increased revenues, any increased investment in
14-34 facilities, increased expenses for depreciation, certain other operating
14-35 expenses as approved by the commission and changes in the costs of
14-36 securities which are known and are measurable with reasonable accuracy at
14-37 the time of filing and which will become effective within 6 months after
14-38 the last month of those 12 months, but no new rates or charges may be
14-39 placed into effect until the changes have been experienced and certified by
14-40 the utility to the commission. The commission shall also consider evidence
14-41 supporting expenses for depreciation, calculated on an annual basis,
14-42 applicable to major components of the public utility’s plant placed into
14-43 service during the recorded test period or the period for certification as set
14-44 forth in the application. Adjustments to revenues, operating expenses and
14-45 costs of securities must be calculated on an annual basis. Within 90 days
14-46 after the filing with the commission of the certification required in this
14-47 subsection, or before the expiration of any period of suspension ordered
14-48 pursuant to subsection 2, whichever time is longer, the commission shall
15-1 make such order in reference to those rates or charges as is required by this
15-2 chapter.
15-3 4. After full investigation or hearing, whether completed before or
15-4 after the date upon which the rate, charge, classification, regulation,
15-5 discontinuance, modification, restriction or practice is to go into effect, the
15-6 commission may make such order in reference to the rate, charge,
15-7 classification, regulation, discontinuance, modification, restriction or
15-8 practice as would be proper in a proceeding initiated after the rate, charge,
15-9 classification, regulation, discontinuance, modification, restriction or
15-10 practice has become effective.
15-11 5. Except as otherwise provided in subsection 6, whenever a general
15-12 rate application for an increased rate or charge for, or classification,
15-13 regulation, discontinuance, modification, restriction or practice involving
15-14 service or equipment has been filed with the commission, a public utility
15-15 shall not submit another general rate application until all pending general
15-16 rate applications for increases in rates submitted by that public utility have
15-17 been decided unless, after application and hearing, the commission
15-18 determines that a substantial financial emergency would exist if the other
15-19 application is not permitted to be submitted sooner.
15-20 6. A public utility may not file an application to recover the increased
15-21 cost of purchased fuel, purchased power, or natural gas purchased for
15-22 resale more often than once every 30 days.
15-23 7. A utility facility identified in a 3-year plan submitted pursuant to
15-24 NRS 704.741 and accepted by the commission for acquisition or
15-25 construction pursuant to NRS 704.751 and the regulations adopted
15-26 pursuant thereto shall be deemed to be a prudent investment. The utility
15-27 may recover all just and reasonable costs of planning and constructing such
15-28 a facility.
15-29 Sec. 35. NRS 704.329 is hereby amended to read as follows:
15-30 704.329 1. Except as otherwise provided in subsection [4, no person
15-31 may] 6, a person shall not merge with, directly acquire , indirectly acquire
15-32 through a subsidiary or affiliate, or otherwise directly or indirectly obtain
15-33 control of a public utility doing business in this state or [an entity] a
15-34 holding company that holds a controlling interest in [such] a public utility
15-35 doing business in this state without first submitting to the commission an
15-36 application for authorization of the proposed merger, acquisition or other
15-37 transaction and obtaining authorization from the commission pursuant to
15-38 subsection [2.] 4.
15-39 2. Except as otherwise provided in subsection 6:
15-40 (a) A public utility doing business in this state shall not merge with,
15-41 directly acquire, indirectly acquire through a subsidiary or affiliate, or
15-42 otherwise directly or indirectly obtain control of an entity; and
15-43 (b) A holding company that holds a controlling interest in a public
15-44 utility doing business in this state shall not merge with, directly acquire,
15-45 or indirectly acquire through a subsidiary or affiliate, or otherwise
15-46 directly or indirectly obtain control of an entity,
15-47 without first submitting to the commission an application for
15-48 authorization of the proposed merger, acquisition or other transaction
16-1 and obtaining authorization from the commission pursuant to subsection
16-2 4.
16-3 3. Any merger, acquisition or [change in control in violation] other
16-4 transaction that violates the provisions of this section is void and
16-5 unenforceable and is not valid for any purpose.
16-6 [2.] 4. Before authorizing [the] a merger, acquisition or [change in
16-7 control of a public utility doing business in this state,] other transaction
16-8 described in subsection 1 or 2, the commission shall consider the effect of
16-9 the proposed merger, acquisition or other transaction. If the commission
16-10 finds that the proposed merger, acquisition or [change in control] other
16-11 transaction is in the public interest, the commission shall authorize the
16-12 proposed merger, acquisition or other transaction.
16-13 [3.] 5. If the commission does not issue a final determination regarding
16-14 the proposed merger, acquisition or other transaction within 180 days
16-15 after the date on which an application or amended application for
16-16 authorization of the proposed merger, acquisition or other transaction was
16-17 filed with the commission, the proposed merger, acquisition or other
16-18 transaction shall be deemed [approved.
16-19 4.] to be authorized by the commission.
16-20 6. The provisions of this section do not apply to the transfer of stock
16-21 [of a public utility doing business in this state or to the transfer of the
16-22 stock] of an entity [holding a controlling interest in such a public utility,] if
16-23 a transfer of not more than 25 percent of the common stock of [such a
16-24 public utility or] the entity is proposed.
16-25 7. As used in this section, unless the context otherwise requires:
16-26 (a) “Affiliate” means a person who, directly or indirectly through one
16-27 or more intermediaries, controls, is controlled by or is under common
16-28 control with an entity.
16-29 (b) “Entity” means any person other than a natural person, including,
16-30 without limitation, a public utility and a holding company.
16-31 (c) “Person” means:
16-32 (1) A natural person.
16-33 (2) Any form of business or social organization and any other
16-34 nongovernmental legal entity, including, without limitation, a
16-35 corporation, partnership, association, trust or unincorporated
16-36 organization.
16-37 (3) A government, a political subdivision of a government or an
16-38 agency or instrumentality of a government or a political subdivision of a
16-39 government.
16-40 Sec. 36. NRS 704.360 is hereby amended to read as follows:
16-41 704.360 All hearings and investigations under NRS 704.330 to
16-42 704.430, inclusive, [shall] and section 26 of this act concerning:
16-43 1. An electric utility, must be conducted substantially as is provided
16-44 for hearings and investigations related to the rates of such utilities
16-45 pursuant to sections 7 to 25, inclusive, of this act.
16-46 2. Any other public utility, must be conducted substantially as is
16-47 provided for hearings and investigations [of] related to the tolls, charges
16-48 and service[.] of such utilities.
17-1 Sec. 37. NRS 704.370 is hereby amended to read as follows:
17-2 704.370 1. The commission shall have the power, after hearing, to
17-3 issue or refuse such certificate of public convenience, or to issue it for the
17-4 construction of a portion only of the contemplated line, plant or systems, or
17-5 extension thereof, and may attach thereto such terms and conditions as, in
17-6 its judgment, the public convenience and necessity may require.
17-7 2. [The] Except as otherwise provided in subsection 3, the
17-8 commission, in its discretion[,] and after investigation, may dispense with
17-9 the hearing on the application if, upon the expiration of the time fixed in
17-10 the notice thereof, no protest against the granting of the [certificate]
17-11 application has been filed by or on behalf of any interested person.
17-12 3. The commission may not dispense with the hearing on the
17-13 application of an electric utility.
17-14 Sec. 38. NRS 704.390 is hereby amended to read as follows:
17-15 704.390 1. It shall be unlawful for any public utility to discontinue,
17-16 modify or restrict service to any city, town, municipality, community or
17-17 territory theretofore serviced by it, except upon 30 days’ notice filed with
17-18 the commission, specifying in detail the character and nature of the
17-19 discontinuance or restriction of the service intended, and upon order of the
17-20 commission, made after hearing, permitting such discontinuance,
17-21 modification or restriction of service.
17-22 2. [The] Except as otherwise provided in subsection 3, the
17-23 commission , in its discretion and after investigation, may dispense with
17-24 the hearing on the application for discontinuance, modification or
17-25 restriction of service[,] if, upon the expiration of the time fixed in the
17-26 notice thereof, no protest against the granting of the application has been
17-27 filed by or on behalf of any interested person.
17-28 3. The commission may not dispense with the hearing on the
17-29 application of an electric utility.
17-30 Sec. 39. NRS 704.410 is hereby amended to read as follows:
17-31 704.410 1. Any public utility subject to the provisions of NRS
17-32 [704.005] 704.001 to 704.751, inclusive, and sections 7 to 25, inclusive, of
17-33 this act to which a certificate of public convenience and necessity has been
17-34 issued pursuant to NRS [704.005] 704.001 to 704.751, inclusive, and
17-35 sections 7 to 25, inclusive, of this act may transfer the certificate to any
17-36 person qualified under NRS [704.005] 704.001 to 704.751, inclusive, [but
17-37 the] and sections 7 to 25, inclusive, of this act. Such a transfer is not valid
17-38 for any purpose until a joint application to make the transfer has been made
17-39 to the commission by the transferor and the transferee, and the commission
17-40 has authorized the substitution of the transferee for the transferor.
17-41 2. The commission [may] :
17-42 (a) Shall conduct a hearing on a transfer involving an electric utility.
17-43 (b) May direct that a hearing be [had in the matter of the transfer.]
17-44 conducted on a transfer involving any other public utility. If the
17-45 commission determines that such a hearing should be held, the hearing
17-46 must be noticed and conducted in the same manner as other contested
17-47 hearings before the commission.
17-48 [3. The commission has the sole discretion to direct that a hearing be
17-49 held if the application seeks to transfer the certificate from a person or
18-1 partners to a corporation when the officers of the corporation will be
18-2 substantially the same person or partners.
18-3 4.] The commission may dispense with such a hearing if, upon the
18-4 expiration of the time fixed in the notice thereof, no protest to the proposed
18-5 transfer has been filed by or on behalf of any interested person.
18-6 [5.] 3. In determining whether the transfer of a certificate of public
18-7 convenience and necessity to an applicant transferee should be authorized,
18-8 the commission must take into consideration:
18-9 (a) The utility service performed by the transferor and the proposed
18-10 utility service of the transferee;
18-11 (b) Other authorized utility services in the territory for which the
18-12 transfer is sought; and
18-13 (c) Whether the transferee is fit, willing and able to perform the services
18-14 of a public utility and whether the proposed operation will be consistent
18-15 with the legislative policies set forth in NRS [704.005] 704.001 to 704.751,
18-16 inclusive[.
18-17 6.] , and sections 7 to 25, inclusive, of this act.
18-18 4. The commission may make such amendments, restrictions or
18-19 modifications in a certificate upon transferring it as the public interest
18-20 requires.
18-21 [7.] 5. No transfer is valid beyond the life of the certificate transferred.
18-22 Sec. 40. NRS 704.430 is hereby amended to read as follows:
18-23 704.430 1. Any person, firm, association or corporation who [shall
18-24 violate] violates any provisions of NRS 704.330 to [704.410,] 704.430,
18-25 inclusive, and section 26 of this act shall be punished by a fine of not more
18-26 than $250.
18-27 2. Each day’s operation without a certificate as provided in NRS
18-28 704.330 to [704.410,] 704.430, inclusive, and section 26 of this act or each
18-29 day that service is discontinued, modified or restricted, as defined in NRS
18-30 704.330 to [704.410, inclusive, shall] 704.430, inclusive, and section 26 of
18-31 this act must be considered a separate offense.
18-32 Sec. 41. NRS 704.767 is hereby amended to read as follows:
18-33 704.767 As used in NRS [704.767] 704.766 to 704.775, inclusive,
18-34 unless the context otherwise requires, the words and terms defined in NRS
18-35 704.768 to 704.772, inclusive, and section 30 of this act have the
18-36 meanings ascribed to them in those sections.
18-37 Sec. 42. NRS 704.771 is hereby amended to read as follows:
18-38 704.771 “Net metering system” means a facility for the production of
18-39 electrical energy that:
18-40 1. Uses [wind or solar] renewable energy as its primary source of fuel;
18-41 2. Has a generating capacity of not more than [10] 20 kilowatts;
18-42 3. Is located on the customer-generator’s premises;
18-43 4. Operates in parallel with the utility’s transmission and distribution
18-44 facilities; and
18-45 5. Is intended primarily to offset part or all of the customer-generator’s
18-46 requirements for electricity.
19-1 Sec. 43. NRS 704.773 is hereby amended to read as follows:
19-2 704.773 1. A utility shall offer net metering, as set forth in NRS
19-3 704.775, to the customer-generators operating within its service area .
19-4 [until 100 of those customer-generators have accepted the offer.]
19-5 2. A utility:
19-6 (a) Shall offer to make available to each of its customer-generators who
19-7 has accepted its offer for net metering an energy meter that is capable of
19-8 registering the flow of electricity in two directions.
19-9 (b) May, at its own expense and with the written consent of the
19-10 customer-generator, install one or more additional meters to monitor the
19-11 flow of electricity in each direction.
19-12 (c) Shall not charge a customer-generator any fee or charge that would
19-13 increase the customer-generator’s minimum monthly charge to an amount
19-14 greater than that of other customers of the utility in the same rate class as
19-15 the customer-generator.
19-16 (d) Shall ensure that for any period in which a customer-generator is
19-17 generating and feeding electricity back to the utility, the electricity so
19-18 generated and fed back to the utility is valued at the same price per
19-19 kilowatt hour that the utility would charge the customer-generator for
19-20 electricity during that same period.
19-21 Sec. 44. NRS 228.360 is hereby amended to read as follows:
19-22 228.360 The consumer’s advocate [may,] :
19-23 1. Shall intervene in and represent the public interest in all
19-24 proceedings conducted pursuant to sections 7 to 25, inclusive, of this act.
19-25 2. May, with respect to all public utilities except railroads and
19-26 cooperative utilities, and except as provided in NRS 228.380:
19-27 [1.] (a) Conduct or contract for studies, surveys, research or expert
19-28 testimony relating to matters affecting the public interest or the interests of
19-29 utility customers.
19-30 [2.] (b) Examine any books, accounts, minutes, records or other papers
19-31 or property of any public utility subject to the regulatory authority of the
19-32 public utilities commission of Nevada in the same manner and to the same
19-33 extent as authorized by law for members of the public utilities commission
19-34 of Nevada and its staff.
19-35 [3. Petition]
19-36 (c) Except as otherwise provided in subsection 1, petition for, request,
19-37 initiate, appear or intervene in any proceeding concerning rates, charges,
19-38 tariffs, modifications of service or any related matter before the public
19-39 utilities commission of Nevada or any court, regulatory body, board,
19-40 commission or agency having jurisdiction over any matter which the
19-41 consumer’s advocate may bring before or has brought before the public
19-42 utilities commission of Nevada or in which the public interest or the
19-43 interests of any particular class of utility customers are involved. The
19-44 consumer’s advocate may represent the public interest or the interests of
19-45 any particular class of utility customers in any such proceeding, and he is a
19-46 real party in interest in the proceeding.
19-47 Sec. 45. NRS 228.390 is hereby amended to read as follows:
19-48 228.390 Except as otherwise provided in sections 7 to 25, inclusive,
19-49 of this act:
20-1 1. The consumer’s advocate has sole discretion to represent or refrain
20-2 from representing the public interest and any class of customers in any
20-3 proceeding.
20-4 2. In exercising his discretion, the consumer’s advocate shall consider
20-5 the importance and extent of the public interest or the customers’ interests
20-6 involved and whether those interests would be adequately represented
20-7 without his participation.
20-8 3. If the consumer’s advocate determines that there would be a conflict
20-9 between the public interest and any particular class of customers or any
20-10 inconsistent interests among the classes of customers involved in a
20-11 particular matter, he may choose to represent one of the interests, to
20-12 represent no interest, or to represent one interest through his office and
20-13 another or others through outside counsel engaged on a case basis.
20-14 Sec. 46. Chapter 293 of NRS is hereby amended by adding thereto a
20-15 new section to read as follows:
20-16 The secretary of state shall establish designations which separately
20-17 identify each office of commissioner of the public utilities commission of
20-18 Nevada. Before a person may file a declaration of candidacy for the
20-19 office of commissioner of the public utilities commission of Nevada, he
20-20 must designate the particular office for which he is declaring his
20-21 candidacy.
20-22 Sec. 47. NRS 293.195 is hereby amended to read as follows:
20-23 293.195 1. Judicial offices, school offices, the office of county
20-24 sheriff, the board of regents of the University of Nevada, city and town
20-25 officers, the state board of education , the public utilities commission of
20-26 Nevada and members of boards of hospital trustees of public hospitals are
20-27 hereby designated nonpartisan offices.
20-28 2. No words designating the party affiliation of a candidate for
20-29 nonpartisan offices may be printed upon the ballot.
20-30 Sec. 48. Chapter 349 of NRS is hereby amended by adding thereto the
20-31 provisions set forth as sections 49 to 74, inclusive, of this act.
20-32 Sec. 49. As used in sections 49 to 74, inclusive, of this act, unless the
20-33 context otherwise requires, the words and terms defined in sections 50 to
20-34 61, inclusive, of this act have the meanings ascribed to them in those
20-35 sections.
20-36 Sec. 50. “Cost of a renewable energy generation project” means all
20-37 or a designated part of the cost of a renewable energy generation project,
20-38 including any incidental cost pertaining to the project. The cost of a
20-39 renewable energy generation project may include, among other costs, the
20-40 costs of:
20-41 1. Designing and constructing the renewable energy generation
20-42 project;
20-43 2. Surveys, audits, preliminary plans, other plans, specifications,
20-44 estimates and other costs of preparations;
20-45 3. Appraising, printing, estimating, advice, services of engineers,
20-46 architects, financial consultants, attorneys, clerical personnel and other
20-47 agents and employees;
20-48 4. Publishing, posting, mailing and otherwise giving notice, filing or
20-49 recording instruments, taking options and fees to banks;
21-1 5. Establishment of a reserve for contingencies;
21-2 6. Interest on bonds for any time which does not exceed the
21-3 estimated period of construction plus 1 year, discounts on bonds, reserves
21-4 for the payment of the principal of and interest on bonds, replacement
21-5 expenses and other costs of issuing bonds;
21-6 7. Amending any resolution or other instrument authorizing the
21-7 issuance of, or otherwise relating to, bonds for the renewable energy
21-8 generation project; and
21-9 8. Short-term financing,
21-10 and the expense of operation and maintenance of the renewable energy
21-11 generation project.
21-12 Sec. 51. “Director” means the director of the department of business
21-13 and industry or any person within the department of business and
21-14 industry designated by the director to perform duties in connection with a
21-15 renewable energy generation project or the issuance of bonds.
21-16 Sec. 52. “Expense of operation and maintenance” means any
21-17 reasonable and necessary current expense of the state for the operation,
21-18 maintenance or administration of a renewable energy generation project
21-19 or of the collection and administration of revenues from such a project.
21-20 The term includes, among other expenses:
21-21 1. Expenses for engineering, auditing, reporting, legal services and
21-22 other expenses of the director which are directly related to the
21-23 administration of renewable energy generation projects.
21-24 2. Premiums for fidelity bonds and policies of property and liability
21-25 insurance pertaining to renewable energy generation projects, and
21-26 shares of the premiums of blanket bonds and policies which may be
21-27 reasonably allocated to the state.
21-28 3. Payments to pension, retirement, health insurance and other
21-29 insurance funds.
21-30 4. Reasonable charges made by any paying agent, commercial bank,
21-31 credit union, trust company or other depository bank pertaining to any
21-32 bonds.
21-33 5. Services rendered pursuant to the terms of contracts, services of
21-34 professionally qualified persons, salaries, administrative expenses and
21-35 the cost of materials, supplies and labor pertaining to the issuance of any
21-36 bonds, including the expenses of any trustee, receiver or other fiduciary.
21-37 6. Costs incurred in the collection and any refund of revenues from
21-38 the renewable energy generation project, including the amount of the
21-39 refund.
21-40 Sec. 53. “Fossil fuel” has the meaning ascribed to it in section 81 of
21-41 this act.
21-42 Sec. 54. “Mortgage” includes a deed of trust and any other security
21-43 agreement covering real or personal property, or both.
21-44 Sec. 55. “Obligor” means the natural person, partnership, firm,
21-45 company, public utility, corporation, association, trust, estate, political
21-46 subdivision, state agency or any other legal entity, or its legal
21-47 representative, who agrees to make the payments sufficient to pay the
21-48 principal of, premium, if any, and interest on the state securities or
21-49 revenue bonds issued pursuant to sections 49 to 74, inclusive, of this act.
22-1 Sec. 56. “Renewable energy” has the meaning ascribed to it in
22-2 section 83 of this act.
22-3 Sec. 57. 1. “Renewable energy generation project” means a project
22-4 involving an electric generating plant that produces electricity by
22-5 harnessing or otherwise using renewable energy.
22-6 2. The term does not include a project involving an electric
22-7 generating plant that produces electricity through the combustion of a
22-8 fossil fuel or by way of a nuclear reaction.
22-9 Sec. 58. “Revenue bonds” means bonds, notes or other securities
22-10 evidencing a special limited obligation of the state, the principal and
22-11 interest of which are payable solely out of revenues derived from the
22-12 financing, leasing or sale of the renewable energy generation project that
22-13 is to be financed.
22-14 Sec. 59. “State securities” means notes, warrants, interim
22-15 debentures, bonds and temporary bonds issued as general obligations by
22-16 the director for any renewable energy generation project, or for a
22-17 refunding, which are payable from taxes, whether or not additionally
22-18 secured by a pledge of all or any designated revenues of one or more
22-19 renewable energy generation projects.
22-20 Sec. 60. “Task Force” means the task force for renewable energy
22-21 created pursuant to section 86 of this act.
22-22 Sec. 61. “Tax” means a general tax upon property.
22-23 Sec. 62. The director has all the powers necessary to accomplish the
22-24 purposes set forth in sections 49 to 74, inclusive, of this act. These
22-25 powers must be exercised for the health, safety, convenience, prosperity
22-26 and welfare of the inhabitants of this state. The director may adopt such
22-27 regulations as the director determines are necessary to carry out the
22-28 provisions of sections 49 to 74, inclusive, of this act.
22-29 Sec. 63. Sections 49 to 74, inclusive, of this act must be construed
22-30 liberally to effectuate the purposes of those sections.
22-31 Sec. 64. The director shall not finance a renewable energy
22-32 generation project unless, before financing:
22-33 1. The renewable energy generation project has been finally
22-34 approved by the task force after a public hearing on the matter.
22-35 2. The director finds and the state board of finance approves the
22-36 findings of the director that:
22-37 (a) The contemplated lessee, purchaser or other obligor has sufficient
22-38 financial resources to place the renewable energy generation project in
22-39 operation and to continue its operation, meeting the obligations of the
22-40 lease, purchase contract or financing agreement;
22-41 (b) There are sufficient safeguards to assure that all money provided
22-42 by the director will be expended solely for the purposes of the renewable
22-43 energy generation project; and
22-44 (c) The total amount of money necessary to be provided by the director
22-45 for financing the renewable energy generation project has been
22-46 determined in writing by the task force on a form acceptable to the
22-47 director.
22-48 3. For the issuance of state securities, the director and the state
22-49 board of finance have received and approved the authorizing documents
23-1 showing the legal authority for the obligor to borrow and repay the
23-2 proceeds of the state securities.
23-3 4. For the issuance of revenue bonds, the director and the state
23-4 board of finance have received and approved:
23-5 (a) The financial plan showing that the revenues to be derived from
23-6 the renewable energy generation project are adequate to pay the
23-7 principal and interest on such bonds;
23-8 (b) A 5-year operating history from the contemplated lessee,
23-9 purchaser or other obligor or from a parent or other guarantor, who
23-10 guarantees the payments of principal and interest on any bonds issued;
23-11 and
23-12 (c) A written statement from the obligor affirming that the obligor
23-13 does not undertake to commit the state, and any political subdivision or
23-14 municipality thereof, to incur any pecuniary liability in connection with
23-15 the issuance of the bonds.
23-16 Sec. 65. 1. The bonds must be authorized by an order of the
23-17 director, and must:
23-18 (a) Be in the denominations;
23-19 (b) Bear the date or dates;
23-20 (c) Mature at the time or times, not exceeding 30 years after their
23-21 respective dates;
23-22 (d) Bear interest at a rate or rates specified in the order;
23-23 (e) Be in the form;
23-24 (f) Carry the registration privileges;
23-25 (g) Be executed in the manner;
23-26 (h) Be payable at the place or places within or without the state; and
23-27 (i) Be subject to the terms of redemption,
23-28 which the order authorizing their issue provides.
23-29 2. The bonds may be sold in one or more series at par, or below or
23-30 above par, in the manner and for the price or prices which the director
23-31 determines in his discretion.
23-32 3. State securities must be authorized by resolution of the board of
23-33 finance at the request of the director.
23-34 4. As an incidental expense to any renewable energy generation
23-35 project to be financed by the bonds, the director may employ:
23-36 (a) Financial and legal consultants in regard to the financing of the
23-37 renewable energy generation project; and
23-38 (b) A person whose business is in Nevada or elsewhere to act as a
23-39 trustee for the renewable energy generation project.
23-40 5. The bonds are fully negotiable under the terms of the Uniform
23-41 Commercial Code—Investment Securities.
23-42 Sec. 66. 1. The director may, to pay the cost of any renewable
23-43 energy generation project, borrow money or otherwise become obligated,
23-44 and may provide evidence of those obligations by issuing, except as
23-45 otherwise provided in this subsection, state securities or revenue bonds.
23-46 If the obligor is not a governmental entity, the director shall issue only
23-47 revenue bonds to fulfill the obligation.
23-48 2. State obligations may be outstanding pursuant to this section in an
23-49 aggregate principal amount of not more than $300,000,000.
24-1 3. State securities must be payable from taxes and may be
24-2 additionally secured by all or any designated revenues from one or more
24-3 renewable energy generation projects. Any governmental entity
24-4 statutorily authorized to levy taxes for the payment of bonded
24-5 indebtedness may use the proceeds of those taxes to pay the principal,
24-6 interest and redemption premiums due in connection with state securities
24-7 issued pursuant to this section. Any such state securities may be issued
24-8 without an election or other preliminaries. No state securities may be
24-9 issued to refund any municipal securities issued to finance a renewable
24-10 energy generation project before July 1, 2001.
24-11 4. Provisions of NRS 349.150 to 349.364, inclusive, which are not
24-12 inconsistent with the provisions of sections 49 to 74, inclusive, of this act,
24-13 apply to the issuance of state securities pursuant to this section.
24-14 Provisions of NRS 349.400 to 349.670, inclusive, which are not
24-15 inconsistent with the provisions of sections 49 to 74, inclusive, of this act,
24-16 apply to the issuance of revenue bonds pursuant to this section.
24-17 5. The legislature finds and declares that the issuance of state
24-18 securities pursuant to sections 49 to 74, inclusive, of this act:
24-19 (a) Is necessary for the protection and preservation of the natural
24-20 resources of this state and for the purpose of obtaining the benefits
24-21 thereof; and
24-22 (b) Constitutes an exercise of the authority conferred by the second
24-23 paragraph of section 3 of article 9 of the constitution of the State of
24-24 Nevada.
24-25 Sec. 67. 1. The director may charge the obligor a fee not to exceed
24-26 2 percent of the principal amount of the financing, including a
24-27 nonrefundable application fee not to exceed 0.25 percent of the principal
24-28 amount or $7,500, whichever is less, payable either in advance or at the
24-29 time the bonds are issued. The director shall deposit all money received
24-30 pursuant to this section, except money received from application fees,
24-31 with the state treasurer for credit to the account for the financing of
24-32 renewable energy generation projects.
24-33 2. Money received from application fees collected pursuant to this
24-34 section must be:
24-35 (a) Accounted for separately in the state general fund.
24-36 (b) Used by the director to support the operations of his office in
24-37 administering the provisions of sections 49 to 74, inclusive, of this act.
24-38 3. Whether or not bonds are issued, the director shall use money
24-39 received pursuant to this section, except money received from application
24-40 fees, to reimburse his office for the expenses and costs incurred in
24-41 financing the renewable energy generation project and, within the limits
24-42 of money available for this purpose, to reimburse a municipality
24-43 pursuant to the provisions of section 74 of this act. Any portion of the
24-44 money so received, except money received from application fees, which
24-45 exceeds the director’s expenses and costs must be refunded to the
24-46 obligor.
24-47 Sec. 68. 1. Except as otherwise provided in subsection 3 and
24-48 section 67 of this act, all amounts received by the director from an
24-49 obligor in connection with any financing undertaken pursuant to
25-1 sections 49 to 74, inclusive, of this act, must be deposited with the state
25-2 treasurer for credit to the account for the financing of renewable energy
25-3 generation projects which is hereby created in the fund for the municipal
25-4 bond bank.
25-5 2. Any revenue from renewable energy generation projects financed
25-6 with state securities which is in the account must be applied in the
25-7 following order of priority:
25-8 (a) Deposited into the consolidated bond interest and redemption fund
25-9 in amounts necessary to pay the principal, interest and redemption
25-10 premiums due in connection with state securities issued for renewable
25-11 energy generation projects.
25-12 (b) Deposited into any reserve account created for the payment of the
25-13 principal, interest and redemption premiums due in connection with state
25-14 securities issued for renewable energy generation projects, in amounts
25-15 and at times determined to be necessary.
25-16 (c) Paid out for expenses of operation and maintenance.
25-17 3. Any revenue from renewable energy generation projects financed
25-18 with revenue bonds may:
25-19 (a) Be deposited in the account for the financing of renewable energy
25-20 generation projects and subject to the provisions of subsection 2; or
25-21 (b) Subject to any agreement with the holders of the bonds, be
25-22 invested, deposited or held by the director in such funds or accounts as
25-23 he deems necessary or desirable. If the director is acting pursuant to this
25-24 subsection, he need not deposit the money in the state treasury and the
25-25 provisions of chapters 355 and 356 of NRS do not apply to any
25-26 investments or deposits made pursuant to this subsection.
25-27 Sec. 69. 1. Any bonds issued pursuant to the provisions of sections
25-28 49 to 74, inclusive, of this act, may be refunded by the director by the
25-29 issuance of refunding bonds in an amount which he deems necessary to
25-30 refund the principal of the bonds to be so refunded, any unpaid interest
25-31 thereon and any premiums and incidental expenses necessary to be paid
25-32 in connection with refunding.
25-33 2. Refunding may be carried out whether the bonds to be refunded
25-34 have matured or thereafter mature, either by sale of the refunding bonds
25-35 and the application of the proceeds to the payment of the bonds to be
25-36 refunded, or by exchange of the refunding bonds for the bonds to be
25-37 refunded. The holders of the bonds to be refunded must not be
25-38 compelled, without their consent, to surrender their bonds for payment or
25-39 exchange before the date on which they are payable by maturity, option
25-40 to redeem or otherwise, or if they are called for redemption before the
25-41 date on which they are by their terms subject to redemption by option or
25-42 otherwise.
25-43 3. All refunding bonds issued pursuant to this section must be
25-44 payable solely from revenues and other money out of which the bonds to
25-45 be refunded thereby are payable or from revenues out of which bonds of
25-46 the same character may be made payable under this or any other law
25-47 then in effect at the time of the refunding.
25-48 Sec. 70. No action may be brought questioning the legality of any
25-49 contract, lease, agreement, indenture, mortgage, order or bonds
26-1 executed, adopted or taken in connection with any renewable energy
26-2 generation project or improvements authorized pursuant to sections 49 to
26-3 74, inclusive, of this act, after 30 days after the effective date of the order
26-4 of the director authorizing the issuance of those bonds.
26-5 Sec. 71. The faith of the state is hereby pledged that sections 49 to
26-6 74, inclusive, of this act, will not be repealed, amended or modified to
26-7 impair any outstanding bonds or any revenues pledged to their payment,
26-8 or to impair, limit or alter the rights or powers vested in a city or county
26-9 to acquire, finance, improve and equip a renewable energy generation
26-10 project in any way that would jeopardize the interest of any lessee,
26-11 purchaser or other obligor, or to limit or alter the rights or powers vested
26-12 in the director to perform any agreement made with any lessee,
26-13 purchaser or other obligor, until all bonds have been discharged in full
26-14 or provisions for their payment and redemption have been fully made.
26-15 Sec. 72. A renewable energy generation project is not subject to any
26-16 requirements relating to public buildings, structures, ground works or
26-17 improvements imposed by the statutes of this state or any other similar
26-18 requirements which may be lawfully waived by this section, and any
26-19 requirement of competitive bidding or other restriction imposed on the
26-20 procedure for award of contracts for such purpose or the lease, sale or
26-21 other disposition of property is not applicable to any action taken
26-22 pursuant to sections 49 to 74, inclusive, of this act, except that the
26-23 provisions of NRS 338.010 to 338.090, inclusive, apply to any contract
26-24 for new construction, repair or reconstruction work to be done on a
26-25 renewable energy generation project.
26-26 Sec. 73. 1. The state engineer shall advise the task force, upon its
26-27 request, of the existence and status of any water rights which affect a
26-28 renewable energy generation project under consideration by the task
26-29 force.
26-30 2. Upon the request of the task force and within the limits of
26-31 available resources and staff, the director and the consumer’s advocate
26-32 may on a case by case basis assist persons in the preparation of a
26-33 preliminary plan for a renewable energy generation project.
26-34 3. As used in this section, “consumer’s advocate” has the meaning
26-35 ascribed to it in section 80 of this act.
26-36 Sec. 74. 1. When any municipality or other obligor desires to
26-37 undertake a renewable energy generation project it may present its
26-38 preliminary plan to the task force for approval. The task force shall
26-39 analyze the potential output of the renewable energy generation project,
26-40 and may tentatively approve it if it will increase the quantity of electricity
26-41 available for use in this state.
26-42 2. If the task force, after a public hearing on the issue, tentatively
26-43 approves the renewable energy generation project, the municipality or
26-44 other obligor may proceed to prepare a final plan and submit it for final
26-45 approval. If the task force finally approves the renewable energy
26-46 generation project, the cost of the final plan may be included in the cost
26-47 of the renewable energy generation project. If the task force does not
26-48 finally approve the renewable energy generation project, the director
26-49 may, within the limits of money available for this purpose in the account
27-1 for the financing of renewable energy generation projects, reimburse a
27-2 municipality for the costs incurred after the tentative approval.
27-3 Sec. 75. NRS 349.987 is hereby amended to read as follows:
27-4 349.987 1. The provisions of NRS 349.150 to 349.364, inclusive,
27-5 which are not inconsistent with the provisions of NRS 349.980 to 349.987,
27-6 inclusive, apply to the bonds issued pursuant to NRS 349.986.
27-7 2. The provisions of NRS 349.935 to 349.956, inclusive, [and] 349.961
27-8 and sections 49 to 74, inclusive, of this act, do not apply to the program or
27-9 to any grants made or bonds issued pursuant to NRS 349.986.
27-10 Sec. 76. NRS 354.59811 is hereby amended to read as follows:
27-11 354.59811 1. Except as otherwise provided in NRS 354.59813,
27-12 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 354.723, 450.425,
27-13 450.760, 540A.265 and 543.600, for each fiscal year beginning on or after
27-14 July 1, 1989, the maximum amount of money that a local government,
27-15 except a school district, a district to provide a telephone number for
27-16 emergencies, or a redevelopment agency, may receive from taxes ad
27-17 valorem, other than those attributable to the net proceeds of minerals or
27-18 those levied for the payment of bonded indebtedness and interest thereon
27-19 incurred as general long-term debt of the issuer, or for the payment of
27-20 obligations issued to pay the cost of a water project pursuant to NRS
27-21 349.950, or for the payment of obligations issued to pay the cost of a
27-22 renewable energy generation project pursuant to section 66 of this act, or
27-23 for the payment of obligations under a capital lease executed before April
27-24 30, 1981, must be calculated as follows:
27-25 (a) The rate must be set so that when applied to the current fiscal year’s
27-26 assessed valuation of all property which was on the preceding fiscal year’s
27-27 assessment roll, together with the assessed valuation of property on the
27-28 central assessment roll which was allocated to the local government, but
27-29 excluding any assessed valuation attributable to the net proceeds of
27-30 minerals, assessed valuation attributable to a redevelopment area and
27-31 assessed valuation of a fire protection district attributable to real property
27-32 which is transferred from private ownership to public ownership for the
27-33 purpose of conservation, it will produce 106 percent of the maximum
27-34 revenue allowable from taxes ad valorem for the preceding fiscal year,
27-35 except that the rate so determined must not be less than the rate allowed for
27-36 the previous fiscal year, except for any decrease attributable to the
27-37 imposition of a tax pursuant to NRS 354.59813 in the previous year.
27-38 (b) This rate must then be applied to the total assessed valuation,
27-39 excluding the assessed valuation attributable to the net proceeds of
27-40 minerals and the assessed valuation of a fire protection district attributable
27-41 to real property which is transferred from private ownership to public
27-42 ownership for the purpose of conservation but including new real property,
27-43 possessory interests and mobile homes, for the current fiscal year to
27-44 determine the allowed revenue from taxes ad valorem for the local
27-45 government.
27-46 2. As used in this section, “general long-term debt” does not include
27-47 debt created for medium-term obligations pursuant to NRS 350.085 to
27-48 350.095, inclusive.
28-1 Sec. 77. Chapter 523 of NRS is hereby amended by adding thereto the
28-2 provisions set forth as sections 78 to 88, inclusive, of this act.
28-3 Sec. 78. “Biomass” means any organic matter that is available on a
28-4 renewable basis, including, without limitation:
28-5 1. Agricultural crops and agricultural wastes and residues;
28-6 2. Wood and wood wastes and residues;
28-7 3. Animal wastes;
28-8 4. Municipal wastes; and
28-9 5. Aquatic plants.
28-10 Sec. 79. “Bureau” means the bureau of consumer protection created
28-11 within the office of the attorney general pursuant to NRS 228.310.
28-12 Sec. 80. “Consumer’s advocate” means the executive head of the
28-13 bureau or his designee.
28-14 Sec. 81. 1. “Fossil fuel” means a fuel that is formed in the ground
28-15 from the remains of dead plants and animals.
28-16 2. The term includes, without limitation, coal, natural gas and oil.
28-17 Sec. 82. “Fuel cell” means a device or contrivance which, through
28-18 the chemical process of combining ions of hydrogen and oxygen,
28-19 produces electricity and water.
28-20 Sec. 83. 1. “Renewable energy” means sources of energy from
28-21 which electricity is produced, but which are regenerated naturally,
28-22 including, without limitation:
28-23 (a) Biomass;
28-24 (b) Fuel cells;
28-25 (c) Geothermal energy;
28-26 (d) Solar energy; and
28-27 (e) Wind.
28-28 2. The term does not include fossil fuel or nuclear energy.
28-29 Sec. 84. “Task force” means the task force for renewable energy
28-30 created pursuant to section 86 of this act.
28-31 Sec. 85. 1. The trust fund for renewable energy is hereby created
28-32 in the state treasury. The state treasurer shall deposit in the fund all
28-33 money received by him for credit to the fund pursuant to subsection 3 of
28-34 section 27 of this act.
28-35 2. The task force shall administer the fund. As administrator of the
28-36 fund, the task force:
28-37 (a) Shall maintain the financial records of the fund;
28-38 (b) Shall invest the money in the fund as the money in other state
28-39 funds is invested;
28-40 (c) Shall manage any account associated with the fund;
28-41 (d) Shall maintain any instruments that evidence investments made
28-42 with the money in the fund;
28-43 (e) May contract with vendors for any good or service that is
28-44 necessary to carry out the provisions of this section; and
28-45 (f) May perform any other duties necessary to administer the fund.
28-46 3. The interest and income earned on the money in the fund must,
28-47 after deducting any applicable charges, be credited to the fund. All
28-48 claims against the fund must be paid as other claims against the state are
28-49 paid.
29-1 4. Not more than 2 percent of the money in the fund may be used to
29-2 pay the costs of administering the fund.
29-3 5. The money in the fund remains in the fund and does not revert to
29-4 the state general fund at the end of any fiscal year.
29-5 6. All money that is deposited or paid into the fund may only be
29-6 expended pursuant to an allocation made by the task force. Money
29-7 expended from the fund must not be used to supplant existing methods of
29-8 funding that are available to public agencies.
29-9 Sec. 86. 1. The task force for renewable energy is hereby created.
29-10 The task force consists of nine members who are appointed as follows:
29-11 (a) Two members appointed by the majority leader of the senate, one
29-12 of whom represents the interests of private industry with respect to
29-13 geothermal energy and the other of whom represents the interests of
29-14 private industry with respect to solar energy.
29-15 (b) Two members appointed by the speaker of the assembly, one of
29-16 whom represents the interests of private industry with respect to energy
29-17 generated by the power of the wind and the other of whom represents a
29-18 nonprofit organization dedicated to the protection of the environment.
29-19 (c) One member appointed by the minority leader of the senate to
29-20 represent the interests of state government.
29-21 (d) One member appointed by the minority leader of the assembly to
29-22 represent the interests of local government.
29-23 (e) One member who represents the bureau, appointed by the
29-24 consumer’s advocate.
29-25 (f) One member who represents the public utilities commission of
29-26 Nevada, appointed by the commissioners of the public utilities
29-27 commission of Nevada.
29-28 (g) One member who represents the University of Nevada, appointed
29-29 by the board of regents of the University of Nevada.
29-30 2. After the initial appointments, the term of each member of the task
29-31 force is 3 years. A vacancy on the task force must be filled for the
29-32 remainder of the unexpired term in the same manner as the original
29-33 appointment. A member may be reappointed to the task force.
29-34 3. A member of the task force who is an officer or employee of this
29-35 state or a political subdivision of this state must be relieved from his
29-36 duties without loss of his regular compensation so that he may prepare
29-37 for and attend meetings of the task force and perform any work
29-38 necessary to carry out the duties of the task force in the most timely
29-39 manner practicable. A state agency or political subdivision of this state
29-40 shall not require an officer or employee who is a member of the task
29-41 force to:
29-42 (a) Make up the time he is absent from work to carry out his duties as
29-43 a member of the task force; or
29-44 (b) Take annual leave or compensatory time for the absence.
29-45 Sec. 87. 1. The members of the task force shall select a chairman
29-46 from among their membership. The term of the chairman is 1 year. If a
29-47 vacancy occurs in the chairmanship, the vacancy must be filled for the
29-48 remainder of the unexpired term in the same manner as the original
29-49 selection.
30-1 2. A majority of the members of the task force constitutes a quorum,
30-2 and a quorum may exercise all the power and authority conferred on the
30-3 task force.
30-4 3. Except as otherwise provided in this subsection, the members of
30-5 the task force serve without compensation and are not entitled to the per
30-6 diem and travel expenses provided for state officers and employees
30-7 generally. For each day of attendance at a meeting of the task force and
30-8 while engaged in the business of the task force, a member of the task
30-9 force who is an officer or employee of this state or a political subdivision
30-10 of this state is entitled to receive the per diem and travel expenses
30-11 provided for state officers and employees generally, paid by his
30-12 governmental employer.
30-13 4. The consumer’s advocate shall provide the task force with
30-14 administrative and clerical support and with such other assistance,
30-15 including, without limitation, making arrangements for facilities,
30-16 equipment and other services in preparation for meetings, as may be
30-17 necessary for the task force to carry out its duties pursuant to section 88
30-18 of this act.
30-19 Sec. 88. 1. The task force shall:
30-20 (a) Meet at least four times annually or more frequently at the
30-21 discretion of the chairman.
30-22 (b) Establish a comprehensive plan for the promotion and use of
30-23 renewable energy in this state. The plan must include provisions for:
30-24 (1) The conservation of energy;
30-25 (2) The efficient use of energy;
30-26 (3) The education of persons and entities concerning renewable
30-27 energy;
30-28 (4) The creation of incentives for investment in and the use of
30-29 renewable energy;
30-30 (5) Grants and other money to establish programs and projects
30-31 which incorporate the use of renewable energy;
30-32 (6) Oversight and accountability with respect to the promotion and
30-33 use of renewable energy;
30-34 (7) The incorporation of the use of renewable energy with respect to
30-35 codes and standards for building, written in language which is easy to
30-36 understand; and
30-37 (8) Any other matter that the task force determines to be relevant to
30-38 the promotion and use of renewable energy.
30-39 (c) Solicit grants and other money from the Federal Government and
30-40 other sources to promote the use of renewable energy in this state.
30-41 (d) Identify and provide incentives to developers and builders of
30-42 homes to incorporate the use of renewable energy in homes and other
30-43 buildings, including, without limitation, systems for the heating of water
30-44 by solar power and the use of net metering systems.
30-45 (e) Promote programs to conserve energy by the use of various
30-46 technologies to turn air-conditioning systems off for a limited time
30-47 during periods of peak electrical demand.
30-48 (f) Evaluate the benefits of distributed generation and consider paying
30-49 for the cost of a pilot program to use distributed generation in connection
31-1 with a project for the use of renewable energy the output of which
31-2 exceeds 20 kilowatts per hour.
31-3 (g) Carry out the duties assigned to it pursuant to sections 49 to 74,
31-4 inclusive, of this act.
31-5 2. The task force may take such other actions as are necessary to
31-6 carry out its duties.
31-7 3. As used in this section:
31-8 (a) “Distributed generation” means the generation of electricity in
31-9 close proximity to the place of use, including, without limitation, the use
31-10 of generators and small turbines.
31-11 (b) “Net metering system” has the meaning ascribed to it in NRS
31-12 704.771.
31-13 Sec. 89. NRS 523.011 is hereby amended to read as follows:
31-14 523.011 1. The legislature finds that:
31-15 (a) Energy is essential to the economy of the state and to the health,
31-16 safety and welfare of the people of the state.
31-17 (b) The state has a responsibility to encourage the maintenance of a
31-18 reliable and economical supply of energy at a level which is consistent with
31-19 the protection of environmental quality.
31-20 (c) The state has a responsibility to encourage the utilization of a wide
31-21 range of measures which reduce wasteful uses of energy resources.
31-22 (d) Planning for energy conservation and future energy requirements
31-23 should include consideration of state, regional and local plans for land use,
31-24 urban expansion, transportation systems, environmental protection and
31-25 economic development.
31-26 (e) Government and private enterprise need to accelerate research and
31-27 development of [alternative] sources of renewable energy and to improve
31-28 technology related to the research and development of existing sources of
31-29 energy.
31-30 (f) While government and private enterprise are seeking to accelerate
31-31 research and development of [alternative] sources of renewable energy,
31-32 they must also prepare for and respond to the advent of competition within
31-33 the electrical energy industry and are, therefore, encouraged to maximize
31-34 the use of indigenous energy resources to the extent competitively and
31-35 economically feasible.
31-36 (g) Prevention of delays and interruptions in providing energy,
31-37 protecting environmental values and conserving energy require expanded
31-38 authority and capability within state government.
31-39 2. It is the policy of this state to encourage participation with all levels
31-40 of government and private enterprise in cooperative state, regional and
31-41 national programs to assure adequate supplies of energy resources and
31-42 markets for such energy resources.
31-43 3. It is the policy of this state to assign the responsibility for managing
31-44 and conserving energy and its sources to agencies whose other programs
31-45 are similar, to avoid duplication of effort in developing policies and
31-46 programs for energy.
31-47 Sec. 90. NRS 523.021 is hereby amended to read as follows:
31-48 523.021 As used in this chapter, unless the context otherwise requires
31-49 [:
32-1 1. “Department” means the department of business and industry.
32-2 2. “Director” means the director of the department.] , the words and
32-3 terms defined in sections 78 to 84, inclusive, of this act have the
32-4 meanings ascribed to them in those sections.
32-5 Sec. 91. NRS 523.051 is hereby amended to read as follows:
32-6 523.051 The [director] consumer’s advocate may:
32-7 1. Administer any gifts or grants which the [department] bureau is
32-8 authorized to accept for the purposes of this chapter.
32-9 2. Expend money received from those gifts or grants or from
32-10 legislative appropriations to contract with qualified persons or institutions
32-11 for research in the production and efficient use of energy resources.
32-12 3. Enter into any cooperative agreement with any federal or state
32-13 agency or political subdivision.
32-14 4. Participate in any program established by the Federal Government
32-15 relating to sources of energy and adopt regulations appropriate to that
32-16 program.
32-17 Sec. 92. NRS 523.131 is hereby amended to read as follows:
32-18 523.131 The [director] consumer’s advocate shall:
32-19 1. Acquire and analyze information relating to energy and to the
32-20 supply, demand and conservation of its sources.
32-21 2. Utilize all available public and private means to provide information
32-22 to the public about problems relating to energy and to explain how
32-23 conservation of energy and its sources may be accomplished.
32-24 3. Review and evaluate information which identifies trends and
32-25 permits forecasting of the energy available to the state. Such forecasts must
32-26 include estimates on:
32-27 (a) The level of demand for energy in the state for 5-, 10- and 20-year
32-28 periods;
32-29 (b) The amount of energy available to meet each level of demand;
32-30 (c) The probable implications of the forecast on the demand and supply
32-31 of energy; and
32-32 (d) The [alternative] sources of renewable energy which are available
32-33 and their possible effects.
32-34 4. Study means of reducing wasteful, inefficient, unnecessary or
32-35 uneconomical uses of energy and encourage the maximum utilization of
32-36 existing sources of energy in the state.
32-37 5. Encourage the development of any existing [and alternative] sources
32-38 of energy and any sources of renewable energy which will benefit the
32-39 state.
32-40 6. In conjunction with the desert research institute, review policies
32-41 relating to the research and development of the state’s geothermal
32-42 resources and make recommendations to the appropriate state and federal
32-43 agencies for establishing methods of developing the geothermal resources
32-44 within the state.
32-45 7. To the extent practicable, carry out his powers and duties
32-46 pursuant to this chapter in consultation with the task force, to avoid
32-47 duplication of effort in developing policies and programs for energy.
33-1 Sec. 93. NRS 523.141 is hereby amended to read as follows:
33-2 523.141 1. The [director] consumer’s advocate shall prepare a state
33-3 energy conservation plan which provides methods for conserving and
33-4 improving efficiency in the use of energy resources and establishes
33-5 procedures for reducing the rate of growth of energy demand and
33-6 minimizing the adverse social, economic, political and environmental
33-7 effects of increasing energy resource consumption.
33-8 2. The plan must be [presented] :
33-9 (a) Consistent with the comprehensive plan established by the task
33-10 force pursuant to section 88 of this act.
33-11 (b) Presented to the governor, and upon approval by the governor, may
33-12 be submitted by him in compliance with any program established by the
33-13 Federal Government.
33-14 Sec. 94. NRS 523.151 is hereby amended to read as follows:
33-15 523.151 The [director] consumer’s advocate shall:
33-16 1. Prepare, subject to the approval of the governor, petroleum
33-17 allocation and rationing plans for possible energy contingencies. The plans
33-18 [shall] must be carried out only by executive order of the governor.
33-19 2. Carry out and administer any federal programs which authorize state
33-20 participation in fuel allocation programs.
33-21 Sec. 95. NRS 523.161 is hereby amended to read as follows:
33-22 523.161 1. Except for those energy resources for [whose] which
33-23 priorities of use are established by the public utilities commission of
33-24 Nevada, the [director] consumer’s advocate may recommend to state
33-25 agencies, local governments and appropriate private persons and entities,
33-26 standards for conservation of energy and its sources and for carrying out
33-27 the state plan for the conservation of energy.
33-28 2. In recommending such standards the [director] consumer’s
33-29 advocate shall consider the usage of energy and its sources in the state and
33-30 the methods available for conservation of those sources.
33-31 Sec. 96. NRS 523.164 is hereby amended to read as follows:
33-32 523.164 1. The [director] consumer’s advocate shall adopt
33-33 regulations for the conservation of energy in buildings, including
33-34 manufactured homes, which establish the minimum standards for:
33-35 (a) The construction of floors, walls, ceilings and roofs;
33-36 (b) The equipment and systems for heating, ventilation and air-
33-37 conditioning;
33-38 (c) Electrical equipment and systems;
33-39 (d) Insulation; and
33-40 (e) Other factors which affect the use of energy in a building.
33-41 2. The [director] consumer’s advocate may exempt a building from a
33-42 standard if he determines that application of the standard to the building
33-43 would not accomplish the purpose of the regulations.
33-44 3. The regulations must authorize allowances in design and
33-45 construction for [solar, wind or any other renewable source] sources of
33-46 renewable energy used to supply all or a part of the energy required in a
33-47 building.
33-48 4. The standards adopted by the [director] consumer’s advocate are
33-49 the minimum standards for the conservation of energy which apply only to
34-1 areas in which the governing body of the local government has not adopted
34-2 standards for the conservation of energy in buildings. Such governing
34-3 bodies shall assist the [director] consumer’s advocate in the enforcement
34-4 of the regulations adopted pursuant to this section.
34-5 5. The [director] consumer’s advocate shall solicit comments
34-6 regarding the adoption of regulations pursuant to this section from:
34-7 (a) Persons in the business of constructing and selling homes;
34-8 (b) Contractors;
34-9 (c) Public utilities;
34-10 (d) Local building inspectors; and
34-11 (e) The general public,
34-12 before adopting any regulations. The [director] consumer’s advocate must
34-13 conduct at least three hearings in different locations in the state, after
34-14 giving 30 days’ notice of each hearing, before he may adopt any
34-15 regulations pursuant to this section.
34-16 Sec. 97. NRS 523.167 is hereby amended to read as follows:
34-17 523.167 1. In a county whose population is 100,000 or more, a
34-18 building whose construction began on or after October 1, 1983, must not
34-19 contain a system using electric resistance for heating spaces unless:
34-20 (a) The system is merely supplementary to another means of heating;
34-21 (b) Under the particular circumstances no other primary means of
34-22 heating the spaces is a feasible or economical alternative to heating by
34-23 electric resistance; or
34-24 (c) The [department] bureau determines that the present or future
34-25 availability of other sources of energy is so limited as to justify the use of
34-26 such a system.
34-27 2. This section does not prohibit the use of incandescent or fluorescent
34-28 lighting.
34-29 Sec. 98. NRS 523.171 is hereby amended to read as follows:
34-30 523.171 The [director,] consumer’s advocate, in cooperation with the
34-31 chief of the buildings and grounds division of the department of
34-32 administration, shall, upon request, provide information and assistance to
34-33 any agency, bureau, board, commission, department or division which is
34-34 engaged in the management, planning, utilization and distribution of
34-35 energy.
34-36 Sec. 99. NRS 523.181 is hereby amended to read as follows:
34-37 523.181 The [director] consumer’s advocate shall prepare a report
34-38 concerning the status of energy in the State of Nevada and submit it to:
34-39 1. The governor on or before January 30 of each year; and
34-40 2. The legislature on or before January 30 of each odd-numbered year.
34-41 Sec. 100. NRS 549.020 is hereby amended to read as follows:
34-42 549.020 1. The director of the agricultural extension department of the
34-43 public service division of the University and Community College System
34-44 of Nevada shall prepare and submit to the board of county commissioners,
34-45 for each county participating, an annual financial budget covering the
34-46 county, state and federal funds cooperating in the cost of educational,
34-47 research, outreach and service programs pertaining to agriculture,
34-48 community development, health and nutrition, horticulture, personal and
35-1 family development, and natural resources in the rural and urban
35-2 communities in the State of Nevada.
35-3 [2.] The budget must be adopted by the board of county commissioners
35-4 and certified as a part of the annual county budget . [, and the county tax
35-5 levy provided for agricultural extension work in the]
35-6 2. The annual county budget must include a levy of not less than 1
35-7 cent on each $100 of taxable property. If the proceeds of the county tax
35-8 levy of 1 cent are insufficient to meet the county’s share of the cooperative
35-9 agricultural extension work, as provided in the combined annual financial
35-10 budget, the board of county commissioners may, by unanimous vote, levy
35-11 an additional tax so that the total in no instance exceeds 5 cents on each
35-12 $100 of the county tax rate.
35-13 3. [The] That portion of the proceeds of the tax described in
35-14 subsection 2, not to exceed 1 percent on each $100 of assessed value of
35-15 the taxable property in the county, which is attributable to any growth in
35-16 the assessed value of the taxable property in the county as shown upon
35-17 the assessment roll on or after July 1, 2001, must be paid over by the
35-18 county treasurer to the housing division of the department of business
35-19 and industry for use by the administrator of the division for the program
35-20 of weatherization.
35-21 4. All proceeds of [such a] the tax described in subsection 2 which are
35-22 not paid over to the housing division of the department of business and
35-23 industry pursuant to subsection 3 must be placed in the agricultural
35-24 extension fund in each county treasury and must be paid out on claims
35-25 drawn by the agricultural extension agent of the county as designated by
35-26 the director of the agricultural extension department of the public service
35-27 division of the University and Community College System of Nevada,
35-28 when approved by the director and countersigned by the treasurer of the
35-29 University and Community College System of Nevada.
35-30 [4.] 5. A record of all such claims approved and paid, segregated by
35-31 counties, must be kept by the treasurer of the University and Community
35-32 College System of Nevada. The cost of maintaining the record must be
35-33 paid from state funds provided for by this chapter.
35-34 [5.] 6. The state’s cooperative share of the cost of such agricultural
35-35 extension work, as entered in the budget described in this section, must not
35-36 be more than a sum equal to the proceeds of 1 cent of such county tax rate;
35-37 but when the proceeds of a 1-cent tax rate are insufficient to carry out the
35-38 provisions of the budget previously adopted, the director of the agricultural
35-39 extension department of the public service division of the University and
35-40 Community College System of Nevada is authorized to supplement the
35-41 state’s cooperative share from the funds as may be made available in the
35-42 public service division fund of the University and Community College
35-43 System of Nevada.
35-44 Sec. 101. NRS 703.060, 704.080 and 704.090 are hereby repealed.
35-45 Sec. 102. 1. Nevada Power Company shall not file an application for
35-46 a fuel and purchased power rider on or after the effective date of this act.
35-47 2. Notwithstanding the provisions of section 21 of this act:
36-1 (a) On the day immediately following the last day accounted for by its
36-2 most recently filed fuel and purchased power rider, Nevada Power
36-3 Company shall begin to use deferred accounting.
36-4 (b) Not later than 60 days after the effective date of this act, Nevada
36-5 Power Company shall file an application to clear its deferred accounts.
36-6 3. Not later than September 1, 2001, Nevada Power Company shall file
36-7 a general rate application in accordance with the provisions of sections 7 to
36-8 23, inclusive, of this act. On the date that the commission approves one or
36-9 more rates in the general rate application filed by Nevada Power Company
36-10 pursuant to this subsection, the rates set forth in the comprehensive energy
36-11 plan filed by Nevada Power Company on or after January 1, 2001, and all
36-12 rates based upon a fuel and purchased power rider expire and those rates
36-13 are void and unenforceable and are not valid for any purpose thereafter.
36-14 4. Sierra Pacific Power Company shall not file an application for a fuel
36-15 and purchased power rider on or after the effective date of this act.
36-16 5. Notwithstanding the provisions of section 21 of this act:
36-17 (a) On the day immediately following the last day accounted for by its
36-18 most recently filed fuel and purchased power rider, Sierra Pacific Power
36-19 Company shall begin to use deferred accounting.
36-20 (b) Not later than 60 days after the effective date of this act, Sierra
36-21 Pacific Power Company shall file an application to clear its deferred
36-22 accounts.
36-23 6. Not later than March 1, 2002, Sierra Pacific Power Company shall
36-24 file a general rate application in accordance with the provisions of sections
36-25 7 to 23, inclusive, of this act. On the date that the commission approves
36-26 one or more rates in the general rate application filed by Sierra Pacific
36-27 Power Company pursuant to this subsection, the rates set forth in the
36-28 comprehensive energy plan filed by Sierra Pacific Power Company on or
36-29 after January 1, 2001, and all rates based upon a fuel and purchased power
36-30 rider expire and those rates are void and unenforceable and are not valid
36-31 for any purpose thereafter.
36-32 7. As used in this section:
36-33 (a) “Commission” means the public utilities commission of Nevada.
36-34 (b) The words and terms defined in sections 8 to 16, inclusive, of this
36-35 act have the meanings ascribed to them in those sections.
36-36 Sec. 103. 1. If, on or after January 1, 1999, and before the effective
36-37 date of this act, an electric utility doing business in this state or a holding
36-38 company that holds a controlling interest in such an electric utility entered
36-39 into any transaction to merge with, directly acquire, indirectly acquire
36-40 through a subsidiary or affiliate, or otherwise directly or indirectly obtain
36-41 control of an entity, the transaction is void and unenforceable and is not
36-42 valid for any purpose on or after the effective date of this act unless, before
36-43 the effective date of this act:
36-44 (a) All terms and conditions of the transaction were satisfied; and
36-45 (b) All parties to the transaction fully performed all promises, covenants
36-46 and obligations under the transaction.
36-47 2. The provisions of this section do not prohibit an electric utility
36-48 doing business in this state or a holding company that holds a controlling
36-49 interest in such an electric utility from entering into any transaction to
37-1 merge with, directly acquire, indirectly acquire through a subsidiary or
37-2 affiliate, or otherwise directly or indirectly obtain control of an entity on or
37-3 after the effective date of this act, except that any such transaction is
37-4 subject to the provisions of NRS 704.329, as amended by this act.
37-5 3. As used in this section, “electric utility” has the meaning ascribed to
37-6 it in section 13 of this act.
37-7 Sec. 104. 1. Notwithstanding the provisions of this act and except as
37-8 otherwise provided in subsection 2, the department of business and
37-9 industry and its director shall exercise all the power and perform all the
37-10 duties that are assigned to the consumer’s advocate of the bureau of
37-11 consumer protection in the office of the attorney general pursuant to the
37-12 provisions of NRS 523.011 to 523.181, inclusive, as amended by this act,
37-13 until the date on which the attorney general certifies to the governor that
37-14 the consumer’s advocate is prepared to carry out those provisions, or until
37-15 January 1, 2002, whichever occurs earlier.
37-16 2. During the period described in subsection 1, the consumer’s
37-17 advocate may exercise any power and perform any duty assigned to him
37-18 pursuant to the provisions of NRS 523.011 to 523.181, inclusive, as
37-19 amended by this act, if the exercise of the power or the performance of the
37-20 duty is necessary as an organizational, preparatory or preliminary measure
37-21 to prepare the consumer’s advocate to carry out those provisions.
37-22 Sec. 105. 1. Any administrative regulations adopted by an officer or
37-23 an agency whose name has been changed or whose responsibilities have
37-24 been transferred pursuant to the provisions of this act to another officer or
37-25 agency remain in force until amended by the officer or agency to which the
37-26 responsibility for the adoption of the regulations has been transferred.
37-27 2. Any contracts or other agreements entered into by an officer or
37-28 agency whose name has been changed or whose responsibilities have been
37-29 transferred pursuant to the provisions of this act to another officer or
37-30 agency are binding upon the officer or agency to which the responsibility
37-31 for the administration of the provisions of the contract or other agreement
37-32 has been transferred. Such contracts and other agreements may be enforced
37-33 by the officer or agency to which the responsibility for the enforcement of
37-34 the provisions of the contract or other agreement has been transferred.
37-35 3. Any action taken by an officer or agency whose name has been
37-36 changed or whose responsibilities have been transferred pursuant to the
37-37 provisions of this act to another officer or agency remains in effect as if
37-38 taken by the officer or agency to which the responsibility for the
37-39 enforcement of such actions has been transferred.
37-40 Sec. 106. 1. The terms of all commissioners appointed to the public
37-41 utilities commission of Nevada who are incumbent on January 1, 2003,
37-42 expire on that date.
37-43 2. Notwithstanding the provisions of NRS 703.030, the three persons
37-44 elected to the public utilities commission of Nevada by the qualified
37-45 electors of this state at the first general election following the effective date
37-46 of this act must serve initial terms that are staggered so that one
37-47 commissioner serves a term of 2 years and two commissioners serve terms
37-48 of 4 years.
38-1 3. As soon as is practicable after the first general election following
38-2 the effective date of this act, the secretary of state shall summon the three
38-3 persons elected to the public utilities commission of Nevada to appear
38-4 before him at a time and place designated by him and he shall determine by
38-5 lot which commissioner shall serve a term of 2 years.
38-6 Sec. 107. As soon as practicable after the effective date of this act, the
38-7 appointing authorities set forth in section 86 of this act shall appoint
38-8 members to the task force for renewable energy created pursuant to that
38-9 section. The initial appointed members of the task force shall, at the first
38-10 meeting of the task force after their appointment, draw lots to determine
38-11 which:
38-12 1. Five members of the board will serve initial terms that expire on
38-13 June 30, 2004.
38-14 2. Four members of the board will serve initial terms that expire on
38-15 June 30, 2003.
38-16 Sec. 108. 1. This section, sections 2 to 45, inclusive, 48 to 107,
38-17 inclusive, and 109 of this act become effective upon passage and approval.
38-18 2. Sections 1, 46 and 47 of this act become effective upon passage and
38-19 approval for the purpose of electing commissioners to the public utilities
38-20 commission of Nevada and on January 1, 2003, for all other purposes.
38-21 Sec. 109. 1. The legislative counsel shall:
38-22 (a) In preparing the reprint and supplements to the Nevada Revised
38-23 Statutes, appropriately change any references to an officer or agency whose
38-24 name is changed or whose responsibilities have been transferred pursuant
38-25 to the provisions of this act to refer to the appropriate officer or agency.
38-26 (b) In preparing supplements to the Nevada Administrative Code,
38-27 appropriately change any references to an officer or agency whose name is
38-28 changed or whose responsibilities have been transferred pursuant to the
38-29 provisions of this act to refer to the appropriate officer or agency.
38-30 2. Any reference in a bill or resolution passed by the 71st session of
38-31 the Nevada legislature to an officer or agency whose name is changed or
38-32 whose responsibilities have been transferred pursuant to the provisions of
38-33 this act to another officer or agency shall be deemed to refer to the officer
38-34 or agency to which the responsibility is transferred.
38-35 TEXT OF REPEALED SECTIONS
38-36 703.060 Commissioners: Removal. The governor shall have the
38-37 power to remove any commissioner for inefficiency, neglect of duty or
38-38 malfeasance in office. Such removal shall be upon public hearing after 10
38-39 days’ notice and the service of a copy of the charges upon the
38-40 commissioner. The record of any such proceedings shall be filed with the
38-41 secretary of state if a commissioner is removed.
38-42 704.080 Printing and posting of schedules. A copy, or so much of
38-43 the schedule as the commission shall deem necessary for the use of the
38-44 public, shall be printed in plain type and posted in every station or office
38-45 of such public utility where payments are made by the consumers or users,
39-1 open to the public, in such form and place as to be readily accessible to the
39-2 public and conveniently inspected.
39-3 704.090 Schedule of joint rates: Filing; printing; posting. When a
39-4 schedule of joint rates or charges is or may be in force between two or
39-5 more public utilities, such schedule shall, in like manner, be printed and
39-6 filed with the commission, and so much thereof as the commission may
39-7 deem necessary for the use of the public shall be posted conspicuously in
39-8 every station or office as provided in NRS 704.080.
39-9 H