2001 REGULAR SESSION (71st) A AB661 R3 1235
Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of AB661 R3 (§§ 26.7, 32.5).
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 the bill as a whole by adding new sections designated sections 26.05 to 26.95, following sec. 26, to read as follows:
“Sec. 26.05 Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 26.1 to 26.95, inclusive, of this act.
Sec. 26.1. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 26.15 to 26.6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 26.15. “Calendar quarter” means each period of 3 consecutive calendar months ending on March 31, June 30, September 30 and December 31 in each calendar year.
Sec. 26.2. “Commission” means the public utilities commission of Nevada.
Sec. 26.25. “Fund” means the fund for energy assistance and conservation created by section 26.8 of this act.
Sec. 26.3. “Housing division” means the housing division of the department of business and industry.
Sec. 26.35. “Municipal utility” includes, without limitation:
1. A utility established pursuant to chapter 709 or 710 of NRS.
2. Any other utility that is owned, operated or controlled by a county, city or other local governmental entity.
Sec. 26.4. “Person” means:
1. A natural person;
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization;
3. A government or an agency or instrumentality of a government, including, without limitation, this state or an agency or instrumentality of this state; and
4. A political subdivision of this state or of any other government or an agency or instrumentality of a political subdivision of this state or of any other government.
Sec. 26.45. “Public utility” has the meaning ascribed to it in NRS 704.020 and 704.030.
Sec. 26.5. 1. “Retail customer” means an end-use customer that purchases natural gas or electricity for consumption in this state.
2. The term includes, without limitation:
(a) A residential, commercial or industrial end-use customer that purchases natural gas or electricity for consumption in this state, including, without limitation, an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of sections 3 to 26, inclusive, of this act.
(b) A landlord of a mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.
(c) A landlord who pays for natural gas or electricity that is delivered through a master meter and who distributes or resells the natural gas or electricity to one or more tenants for consumption in this state.
3. The term does not include this state, a political subdivision of this state or an agency or instrumentality of this state or political subdivision of this state when it is an end-use customer that purchases natural gas or electricity for consumption in this state, including, without limitation, when it is an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of sections 3 to 26, inclusive, of this act.
Sec. 26.55. “Universal energy charge” means the charge imposed pursuant to section 26.7 of this act.
Sec. 26.6. “Welfare division” means the welfare division of the department of human resources.
Sec. 26.65. 1. The provisions of section 26.7 of this act do not apply to any therm of natural gas or any kilowatt-hour of electricity that a retail customer purchases from:
(a) A rural electric cooperative established pursuant to chapter 81 of NRS.
(b) A general improvement district established pursuant to chapter 318 of NRS.
(c) A cooperative association, nonprofit corporation, nonprofit association or provider of service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.
2. If a retail customer is exempted from paying the universal energy charge pursuant to subsection 1, the retail customer may not receive money or other assistance from:
(a) The welfare division pursuant to section 26.85 of this act for any utility service for which the retail customer is exempted from paying the universal energy charge; or
(b) The housing division pursuant to section 26.9 of this act.
Sec. 26.7. 1. Except as otherwise provided in this section and section 26.65 of this act, each retail customer shall pay:
(a) A universal energy charge of 3.30 mills on each therm of natural gas that the retail customer purchases from another person for consumption in this state; and
(b) A universal energy charge of 0.39 mills on each kilowatt-hour of electricity that the retail customer purchases from another person for consumption in this state.
2. The provisions of subsection 1 do not apply to:
(a) Any therm of natural gas used as a source of energy to generate electricity.
(b) Any kilowatt-hour of electricity used in industries utilizing electrolytic-manufacturing processes.
3. If a retail customer uses the distribution services of a public utility or municipal utility to acquire natural gas or electricity that is subject to the universal energy charge, the public utility or municipal utility providing the distribution services shall:
(a) Collect the universal energy charge from each such retail customer;
(b) Ensure that the universal energy charge is set forth as a separate item or entry on the bill of each such retail customer; and
(c) Not later than 30 days after the end of each calendar quarter, remit to the commission the total amount of money collected by the public utility or municipal utility for the universal energy charge for the immediately preceding calendar quarter.
4. If a retail customer does not use the distribution services of a public utility or municipal utility to acquire natural gas or electricity that is subject to the universal energy charge, not later than 30 days after the end of each calendar quarter, the retail customer shall remit to the commission the total amount of money owed by the retail customer for the universal energy charge for the immediately preceding calendar quarter.
5. If, during a calendar quarter, a single retail customer or multiple retail customers under common ownership and control pay, in the aggregate, a universal energy charge of more than $25,000 for all consumption of natural gas and electricity during the calendar quarter, such retail customers are entitled to a refund, for that calendar quarter, of the amount of the universal energy charge that exceeds $25,000. To receive a refund pursuant to this section, not later than 90 days after the end of the calendar quarter for which the refund is requested, such retail customers must file with the commission a request for a refund. If a request for a refund is filed with the commission:
(a) The commission shall determine and certify the amount of the refund; and
(b) The refund must be paid as other claims against the state are paid from money in the fund.
Sec. 26.75. 1. The commission shall adopt regulations to carry out and enforce the provisions of section 26.7 of this act. Such regulations may require public utilities, municipal utilities and retail customers that are required to collect or remit money for the universal energy charge to file reports and to provide the commission with information relating to compliance with the requirements of the universal energy charge.
2. In carrying out the provisions of section 26.7 of this act, the commission shall solicit advice from the consumer’s advocate of the bureau of consumer protection in the office of the attorney general, public utilities and municipal utilities and other knowledgeable persons.
3. The commission may conduct audits and investigations of public utilities, municipal utilities and retail customers that are required to collect or remit money for the universal energy charge, if the commission determines that such audits and investigations are necessary to verify compliance with the requirements of the universal energy charge. In conducting such audits and investigations, the commission may exercise any of the investigative powers granted to the commission pursuant to chapter 703 of NRS, including, without limitation, the power to issue orders to compel the appearance of witnesses and the production of books, accounts, papers and records.
4. To carry out its powers and duties pursuant to this chapter, the commission is entitled to an administrative charge of not more than 3 percent of the money collected for the universal energy charge. After deduction of its administrative charge, the commission shall deposit the remaining money collected for the universal energy charge in the state treasury for credit to the fund.
5. The commission may bring an appropriate action in its own name for recovery of any money that a person fails to pay, collect or remit in violation of the requirements of the universal energy charge.
Sec. 26.8. 1. There is hereby created as a special revenue fund in the state treasury the fund for energy assistance and conservation. The welfare division shall administer the fund.
2. In addition to the money that must be credited to the fund from the universal energy charge, all money received from private or public sources to carry out the purposes of this chapter must be deposited in the state treasury for credit to the fund.
3. The welfare division shall, to the extent practicable, ensure that the money in the fund is administered in a manner which is coordinated with all other sources of money that are available for energy assistance and conservation, including, without limitation, money contributed from private sources, money obtained from the Federal Government and money obtained from any agency or instrumentality of this state or political subdivision of this state.
4. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.
5. After deduction of any refunds paid from the fund pursuant to section 26.7 of this act, the money in the fund must be distributed pursuant to sections 26.85 and 26.9 of this act.
Sec. 26.85. 1. Seventy-five percent of the money in the fund must be distributed to the welfare division for programs to assist eligible households in paying for natural gas and electricity. The welfare division may use not more than 3 percent of the money distributed to it pursuant to this section for its administrative expenses.
2. Except as otherwise provided in section 26.65 of this act, after deduction for its administrative expenses, the welfare division may use the money distributed to it pursuant to this section only to:
(a) Assist eligible households in paying for natural gas and electricity.
(b) Carry out activities related to consumer outreach.
(c) Pay for program design.
(d) Pay for the annual evaluations conducted pursuant to section 26.95 of this act.
3. Except as otherwise provided in subsection 4, to be eligible to receive assistance from the welfare division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the welfare division.
4. The welfare division is authorized to render emergency assistance to a household if an emergency related to the cost or availability of natural gas or electricity threatens the health or safety of one or more of the members of the household. Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.
5. Before July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the welfare division shall determine the amount of assistance that the household will receive by using the existing formulas set forth in the state plan for low-income home energy assistance.
6. On or after July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the welfare division:
(a) Shall, to the extent practicable, determine the amount of assistance that the household will receive by determining the amount of assistance that is sufficient to reduce the percentage of the household’s income that is spent on natural gas and electricity to the median percentage of household income spent on natural gas and electricity statewide.
(b) May adjust the amount of assistance that the household will receive based upon such factors as:
(1) The income of the household;
(2) The size of the household;
(3) The type of energy that the household uses; and
(4) Any other factor which, in the determination of the welfare division, may make the household particularly vulnerable to increases in the cost of natural gas or electricity.
7. The welfare division shall adopt regulations to carry out and enforce the provisions of this section and section 26.8 of this act.
8. In carrying out the provisions of this section, the welfare division shall:
(a) Solicit advice from the housing division and from other knowledgeable persons;
(b) Identify and implement appropriate delivery systems to distribute money from the fund and to provide other assistance pursuant to this section;
(c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;
(d) Establish a process for evaluating the programs conducted pursuant to this section;
(e) Develop a process for making changes to such programs; and
(f) Engage in annual planning and evaluation processes with the housing division as required by section 26.95 of this act.
Sec. 26.9. 1. Twenty-five percent of the money in the fund must be distributed to the housing division for programs of energy conservation, weatherization and energy efficiency for eligible households. The housing division may use not more than 6 percent of the money distributed to it pursuant to this section for its administrative expenses.
2. Except as otherwise provided in section 26.65 of this act, after deduction for its administrative expenses, the housing division may use the money distributed to it pursuant to this section only to:
(a) Provide an eligible household with services of basic home energy conservation and home energy efficiency or to assist an eligible household to acquire such services, including, without limitation, services of load management.
(b) Pay for appropriate improvements associated with energy conservation, weatherization and energy efficiency.
(c) Carry out activities related to consumer outreach.
(d) Pay for program design.
(e) Pay for the annual evaluations conducted pursuant to section 26.95 of this act.
3. Except as otherwise provided in subsection 4, to be eligible to receive assistance from the housing division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the housing division.
4. The housing division is authorized to render emergency assistance to a household if the health or safety of one or more of the members of the household is threatened because of the structural, mechanical or other failure of:
(a) The unit of housing in which the household dwells; or
(b) A component or system of the unit of housing in which the household dwells.
FLUSH
Such emergency assistance
may be rendered upon the good faith belief that the household is otherwise
eligible to receive assistance pursuant to this section.
5. The housing division shall adopt regulations to carry out and enforce the provisions of this section.
6. In carrying out the provisions of this section, the housing division shall:
(a) Solicit advice from the welfare division and from other knowledgeable persons;
(b) Identify and implement appropriate delivery systems to distribute money from the fund and to provide other assistance pursuant to this section;
(c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;
(d) Encourage other persons to provide resources and services, including, to the extent practicable, schools and programs that provide training in the building trades and apprenticeship programs;
(e) Establish a process for evaluating the programs conducted pursuant to this section;
(f) Develop a process for making changes to such programs; and
(g) Engage in annual planning and evaluation processes with the welfare division as required by section 26.95 of this act.
Sec. 26.95. 1. The welfare division and the housing division jointly shall establish an annual plan to coordinate their activities and programs pursuant to this chapter. In preparing the annual plan, the divisions shall solicit advice from knowledgeable persons. The annual plan must include, without limitation, a description of:
(a) The resources and services being used by each program and the efforts that will be undertaken to increase or improve those resources and services;
(b) The efforts that will be undertaken to improve administrative efficiency;
(c) The efforts that will be undertaken to coordinate with other federal, state and local agencies, nonprofit organizations and any private business or trade organizations that provide energy assistance or conservation services to low-income persons;
(d) The measures concerning program design that will be undertaken to improve program effectiveness; and
(e) The efforts that will be taken to address issues identified during the most recently completed annual evaluation conducted pursuant to subsection 2.
2. The welfare division and the housing division jointly shall:
(a) Conduct an annual evaluation of the programs that each division carries out pursuant to sections 26.85 and 26.9 of this act;
(b) Solicit advice from the commission as part of the annual evaluation; and
(c) Prepare a report concerning the annual evaluation and submit the report to the governor, the legislative commission and the interim finance committee.
3. The report prepared pursuant to subsection 2 must include, without limitation:
(a) A description of the objectives of each program;
(b) An analysis of the effectiveness and efficiency of each program in meeting the objectives of the program;
(c) The amount of money distributed from the fund for each program and a detailed description of the use of that money for each program;
(d) An analysis of the coordination between the divisions concerning each program; and
(e) Any changes planned for each program.”.
Amend sec. 30, page 12, line 4, after “inclusive,” by inserting:
“and sections 26.7 and 26.75”.
Amend the bill as a whole by adding a new section designated sec. 30.5, following sec. 30, to read as follows:
“Sec. 30.5. NRS 703.147 is hereby amended to read as follows:
703.147 1. The public utilities commission regulatory fund is hereby created as a special revenue fund. Except as otherwise provided in section 12 of Senate Bill No. 372 of this [act,] session and section 26.75 of this act, all money collected by the commission pursuant to law must be deposited in the state treasury for credit to the fund. Money collected for the use of the consumer’s advocate of the bureau of consumer protection in the office of the attorney general must be transferred pursuant to the provisions of subsection 8 of NRS 704.035.
2. Money in the fund which belongs to the commission may be used only to defray the costs of:
(a) Maintaining staff and equipment to regulate adequately public utilities and other persons subject to the jurisdiction of the commission.
(b) Participating in all rate cases involving those persons.
(c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that regulation and participation.
(d) The salaries, travel expenses and subsistence allowances of the members of the commission.
3. All claims against the fund must be paid as other claims against the state are paid.
4. The commission must furnish upon request a statement showing the balance remaining in the fund as of the close of the preceding fiscal year.”.
Amend sec. 31, page 12, line 24, after “inclusive,” by inserting:
“and sections 26.7 and 26.75”.
Amend sec. 31, page 12, line 28, after “inclusive,” by inserting:
“and sections 26.7 and 26.75”.
Amend the bill as a whole by adding a new section designated sec. 32.5, following sec. 32, to read as follows:
“Sec. 32.5. NRS 703.197 is hereby amended to read as follows:
703.197 1. The commission may collect fees for the filing of any official document required by this chapter and chapters 704, 704A, 705 and 708 of NRS and sections 3 to 26, inclusive, of this act or by a regulation of the commission.
2. Filing fees may not exceed:
(a) For applications, $200.
(b) For petitions seeking affirmative relief, $200.
(c) For each tariff page which requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.
(d) For all other documents which require public notice, $10.
3. If an application or other document is rejected by the commission because it is inadequate or inappropriate, the filing fee must be returned.
4. The commission may not charge any fee for filing [a] :
(a) A complaint.
(b) A request for a refund pursuant to section 26.7 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 40.5, following sec. 40, to read as follows:
“Sec. 40.5. 1. For the purposes of protecting the health of residential customers who receive gas, water or electricity from public utilities, the commission shall adopt or amend regulations that:
(a) Establish the criteria that will be used to determine when a public utility is required to postpone its termination of utility service to the residence of a residential customer who has failed to pay for such service. Such criteria may be based in part upon the residential customer’s ability to pay.
(b) Require a public utility to postpone its termination of utility service to the residence of a residential customer who has failed to pay for such service if the residential customer satisfies the criteria established by the commission and termination of the utility service is reasonably likely to threaten the health of an occupant of the residence of the residential customer.
2. In addition to the regulations adopted pursuant to subsection 1, for the purposes of regulating public utilities that provide gas, water or electricity to landlords who pay for the utility service and who distribute or resell the gas, water or electricity to one or more residential tenants, the commission shall adopt or amend regulations to require a public utility to use its best efforts to post, in a conspicuous location, notice of the intent of the public utility to terminate utility service because the landlord has failed to pay for such service. Such notice must provide sufficient information to allow residential tenants or their occupants to contact the public utility if termination of the utility service is reasonably likely to threaten the health of an occupant of the residence of a residential tenant.
3. A public utility shall not terminate utility service for gas, water or electricity without complying with the regulations adopted by the commission pursuant to this section.
4. As used in this section:
(a) “Gas” includes, without limitation, liquefied petroleum gas and natural gas.
(b) “Landlord” means a landlord who is subject, in whole or in part, to the provisions of chapter 118A or 118B of NRS.”.
Amend sec. 52, page 19, by deleting lines 28 through 30 and inserting:
“2. Copies] unless the public utility:
(a) Files with the commission an application to make the proposed changes and the commission approves the proposed changes pursuant to NRS 704.110; or
(b) Files the proposed changes with the commission using a letter of advice in accordance with the provisions of subsection 4.”.
Amend sec. 52, pages 19 and 20, by deleting lines 47 through 49 on page 19 and lines 1 and 2 on page 20 and inserting:
“practice affecting any rate, fare or charge,] does not change any rate or will result in an increase in annual gross operating revenue , as certified by the [applicant of $2,500 or less.] public utility, in an amount that does not exceed $2,500:
(a) The public utility may file the proposed change with the commission using a letter of advice in lieu of filing an application; and
(b) The commission shall determine whether it should dispense with a hearing regarding the proposed change.”.
Amend sec. 54, page 24, line 9, by deleting “A” and inserting:
“Except as otherwise provided in this paragraph, a”.
Amend sec. 54, page 24, line 15, after “utility.” by inserting:
“Such a proposed transaction is not exempted from the provisions of this section if:
(1) Not later than 30 days after the date on which the person undertaking the proposed transaction submits the notification required by 15 U.S.C. § 18a, the regulatory operations staff of the commission or the consumer’s advocate requests an order from the commission requiring the person to file an application for authorization of the proposed transaction;
(2) The request alleges in sufficient detail that the proposed transaction may materially affect retail customers of public utilities in this state; and
(3) The commission issues an order requiring the person to file an application for authorization of the proposed transaction.”.
Amend sec. 55, page 25, between lines 24 and 25 by inserting:
“6. An electing carrier must provide 30-days’ notice to the commission in writing before the electing carrier may implement any amendment or change to an existing service noticed pursuant to subsection 2.”.
Amend the title of the bill by deleting the third line and inserting:
“resources; establishing the universal energy charge to fund low-income energy assistance and conservation; requiring certain retail customers to pay the universal energy charge; requiring certain public utilities and municipal utilities to perform certain functions related to the universal energy charge; creating the fund for energy assistance and conservation and setting forth the criteria to determine the eligibility of a household to receive assistance from money in the fund; authorizing certain agencies to render emergency assistance to households in certain circumstances; revising and repealing various provisions concerning the regulation of”.