2001 REGULAR SESSION (71st)                                                                            A AB434 445

Amendment No. 445

 

Assembly Amendment to Assembly Bill No. 434                                                              (BDR 32‑1054)

Proposed by: Committee on Taxation

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:         Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 2, by deleting lines 15 through 47 and inserting:

     “361.0785  1.  Except as otherwise provided in this section, all property, both real and personal, is exempt from taxation as set forth in this section to the extent that the property is used as a facility for [the] :

     (a) Research and development of the technology required to generate electrical energy from renewable resources;

     (b) The generation or production of electrical energy from [solar energy.

     2.  Personal] one or more renewable resources; or

     (c) Both (a) and (b).

     2.  The department shall not grant an exemption pursuant to this section unless the commission on economic development, in consultation with the director of the office of science, engineering and technology, certifies the exemption pursuant to section 4 of this act.

     3.  All property , both real and personal, exempted pursuant to subsection 1 may [not] receive an exemption for not more than 10 consecutive years [.

     3.  Real property exempted pursuant to subsection 1 may not receive an exemption for more than 20 consecutive years.] after the date the exemption was originally certified by the commission on economic development.

     4.  The provisions of this section do not apply to [:

     (a) Residential property; and

     (b) Property that is used as a facility for the production of electrical energy from solar energy before July 1, 1997.] residential property.

     5.  As used in this section, [“facility for the production of electrical energy from solar energy” means a facility which uses solar energy as its primary fuel in the production of electricity. The term includes all the equipment in the facility used to collect, store and convert into electricity the energy derived from] “renewable resource” includes, without limitation, a hydrogen fuel cell, biomass, and geothermal, wind and solar energy.”.

     Amend sec. 2, page 3, line 18, after “unless” by inserting:

“the commission on economic development, in consultation with”.

     Amend sec. 2, page 3, line 19, by deleting “technology” and inserting “technology,”.

     Amend sec. 2, page 3, line 21, by deleting:

“subsection 4 of NRS 396.7982.” and inserting:

“section 4 of this act.”.

     Amend sec. 2, page 3, line 26, by deleting:

“subsection 4 of NRS 396.7982,” and inserting:

“section 4 of this act,”.

     Amend the bill as a whole by renumbering sec. 3 as sec. 6 and adding new sections designated sections 3 through 5, following sec. 2, to read as follows:

     “Sec. 3. NRS 374.265 is hereby amended to read as follows:

     374.265  “Exempted from the taxes imposed by this chapter,” as used in NRS 374.265 to 374.355, inclusive, and section 2 of this act, means exempted from the computation of the amount of taxes imposed.

     Sec. 4. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in this section, the commission on economic development, in consultation with the director of the office of science, engineering and technology and in coordination with the department of taxation, shall certify:

     (a) Exemptions from property taxes for property the commission on economic development determines is used as a facility for research and development of the technology required to generate electrical energy from renewable resources or a facility for the generation or production of electrical energy from one or more renewable resources, or both; and

     (b) Eligibility for an exemption certificate for certain sales and use taxes for a facility for research and development of the technology required to generate electrical energy from renewable resources or a facility for the generation or production of electrical energy from one or more renewable resources, or both.

     2.  A facility in existence on the effective date of this act may not be certified pursuant to this section.

     3.  A facility that is not certified pursuant to this section on or before December 31, 2005, may not be certified pursuant to this section.

     4.  A facility that is certified pursuant to this section on or before December 31, 2005, may retain its certification for the purposes of NRS 361.0785 and section 2 of this act for not more than 10 consecutive years after the date the facility is originally certified pursuant to this section.

     Sec. 5. NRS 231.090 is hereby amended to read as follows:

     231.090  The executive director of the commission on economic development shall direct and supervise all its administrative and technical activities, including coordinating its plans for economic development, promoting the production of motion pictures, scheduling the commission’s programs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to economic development. In addition to other powers and duties, the executive director:

     1.  Shall attend all meetings of the commission and act as its secretary, keeping minutes of its proceedings.

     2.  Shall report regularly to the commission concerning the administration of its policies and programs.

     3.  Shall report annually to the governor and the commission regarding the work of the commission and may make such special reports as he considers desirable to the governor.

     4.  May perform any other lawful acts which he considers desirable to carry out the provisions of NRS 231.020 to 231.130, inclusive [.] , and section 4 of this act.”.

     Amend sec. 3, pages 3 and 4, by deleting lines 40 through 49 on page 3 and lines 1 and 2 on page 4, and inserting:

     “4.  Shall consult with the commission on economic development to assist the commission on economic development in certifying facilities pursuant to section 4 of this act.”.

     Amend the bill as a whole by deleting sec. 4 and adding new sections designated sections 7 and 8, following sec. 3, to read as follows:

     “Sec. 7. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

     Sec. 8. This act becomes effective upon passage and approval.”.

     Amend the preamble of the bill, page 2, by deleting lines 1 through 3 and inserting:

     “Whereas, A facility in existence on the effective date of this act may not receive the exemptions provided by this act, and therefore the exemptions proposed by this”.

     Amend the title of the bill by deleting the ninth and tenth lines and inserting:

“one or more renewable resources, or both; requiring the commission on economic development, in consultation with the director of the office of science, engineering and technology, to certify such exemptions; providing a”.