Senate Bill No. 210–Committee on Commerce and Labor
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.033 is hereby amended to read as follows:
704.033 1. [The] Except as otherwise provided in subsection 6, the
commission shall levy and collect an annual assessment from all public
utilities , providers of discretionary natural gas service and alternative
sellers subject to the jurisdiction of the commission.
2. Except as otherwise provided in [subsection 3,] subsections 3 and 4,
the annual assessment must be:
(a) For the use of the commission, not more than 3.50 mills; and
(b) For the use of the consumer’s advocate of the bureau of consumer
protection in the office of the attorney general, not more than
0.75 mills,
on each dollar of gross operating revenue derived from the intrastate
operations of such utilities , providers of discretionary natural gas service
and alternative sellers in the State of Nevada . [, except that the minimum
assessment in any 1 year must be $10.] The total annual assessment must
be not more than 4.25 mills.
3. [For railroads the total annual assessment must be the amount levied
for the use of the commission pursuant to paragraph (a) of subsection 2.]
The levy for the use of the consumer’s advocate must not be assessed
against railroads.
4. The minimum assessment in any 1 year must be $100.
5. The gross operating revenue of the utilities must be determined for
the preceding calendar year. In the case of:
(a) Telephone utilities, except as otherwise provided in paragraph (c),
the revenue shall be deemed to be all intrastate revenues . [that are
considered by the commission for the purpose of establishing rates.]
(b) Railroads, the revenue shall be deemed to be the revenue received
only from freight and passenger intrastate movements.
(c) All public utilities, providers of discretionary natural gas service
and alternative sellers, the revenue does not include the proceeds of any
commodity, energy or service furnished to another public utility , provider
of discretionary natural gas service or alternative seller for resale.
6. Providers of commercial mobile radio service are not subject to the
annual assessment and, in lieu thereof, shall pay to the commission an
annual licensing fee of $200.
Sec. 2. NRS 704.035 is hereby amended to read as follows:
704.035 1. On or before June 1 of each year, the commission shall
mail revenue report forms to all public utilities , providers of discretionary
natural gas service and alternative sellers under its jurisdiction, to the
address of those utilities , providers of discretionary natural gas service
and alternative sellers on file with the commission. The revenue report
form serves as notice of the commission’s intent to assess [the utilities,]
such entities, but failure to notify any [utility] such entity does not
invalidate the assessment with respect thereto.
2. Each public utility , provider of discretionary natural gas service
and alternative seller subject to the provisions of NRS 704.033 shall
complete the revenue report referred to in subsection 1, compute the
assessment and return the completed revenue report to the commission
accompanied by payment of the assessment and any penalty due, pursuant
to the provisions of subsection 5.
3. The assessment is due on July 1 of each year, but may, at the option
of the public utility, provider of discretionary natural gas service or
alternative seller be paid quarterly on July 1, October 1, January 1 and
April 1.
4. The assessment computed by the utility , provider of discretionary
natural gas service or alternative seller is subject to review and audit by
the commission, and the amount of the assessment may be adjusted by the
commission as a result of the audit and review.
5. Any public utility , provider of discretionary natural gas service or
alternative seller failing to pay the assessment provided for in NRS
704.033 on or before August 1, or if paying quarterly, on or before
August 1, October 1, January 1 or April 1, shall pay, in addition to such
assessment, a penalty of 1 percent of the total unpaid balance for each
month or portion thereof that the assessment is delinquent, or $10,
whichever is greater, but no penalty may exceed $1,000 for each
delinquent payment.
6. When a public utility , provider of discretionary natural gas service
or alternative seller sells, transfers or conveys substantially all of its assets
or , if applicable, its certificate of public convenience and necessity, the
commission shall determine, levy and collect the accrued assessment for
the current year not later than 30 days after the sale, transfer or
conveyance, unless the transferee has assumed liability for the assessment.
For purposes of this subsection , the jurisdiction of the commission over
the selling, transferring or conveying public utility , provider of
discretionary natural gas service or alternative seller continues until it
has paid the assessment.
7. The commission may bring an appropriate action in its own name
for the collection of any assessment and penalty which is not paid as
provided in this section.
8. The commission shall, on a quarterly basis, transfer to the account
for the consumer’s advocate of the bureau of consumer protection in the
office of the attorney general that portion of the assessments collected
which belongs to the consumer’s advocate.
Sec. 3. NRS 704.095 is hereby amended to read as follows:
704.095 The commission shall adopt regulations which provide a
simplified procedure or methodology for a change of rates for those public
utilities which furnish water or services for the disposal of sewage, or
both, to persons within this state for compensation, and which:
1. Serve 3,000 or fewer persons; and
2. Had during the immediately preceding 12-month period gross sales
for water or services for the disposal of sewage, or both, amounting to
$1,000,000 or less.
Sec. 4. NRS 704.190 is hereby amended to read as follows:
704.190 1. Every public utility operating in this state shall, whenever
an accident occurs in the conduct of its operation causing death, give
prompt notice thereof to the commission, in such manner and within such
time as the commission may prescribe. If , in its judgment , the public
interest requires it, the commission may cause an investigation to be made
forthwith of any accident, at such place and in such manner as the
commission deems best.
2. Every such public utility shall report to the commission, at the time,
in the manner and on such forms as the commission by its printed rules
and regulations prescribes, all accidents happening in this state and
occurring in, on or about the premises, plant, instrumentality or facility
used by any such utility in the conduct of its business.
3. The commission shall adopt all reasonable rules and regulations
necessary for the administration and enforcement of this section. The rules
and regulations must [in any event] require that all accidents required to be
reported pursuant to this section be reported to the commission at least
once every calendar month by such officer or officers of the utility as the
commission directs.
4. The commission shall adopt and utilize all accident report forms,
which [forms] must be so designed as to provide a concise and accurate
report of the accident . [and which] The report must [in any event] show
the true cause of the accident. The accident report forms adopted for the
reporting of railroad accidents must , as near as practicable, be the same
in design as [near as may be as] the railroad accident report forms
provided and used by the Surface Transportation Board.
5. If any accident is reported to the commission [is reported] by the
utility as being caused by or through the negligence of an employee and
thereafter the employee is absolved from such negligence by the utility
and found not to be responsible for the accident, that fact must be reported
by the utility to the commission.
6. [All accident reports] Each accident report required to be made by
a public utility pursuant to this section must be filed in the office of the
commission and there preserved. [Notwithstanding any other provisions of
law, neither any] Each accident report [made as] required to be made by a
public utility pursuant to this chapter [, nor any report of] and each report
made by the commission [made] pursuant to its investigation of any
accident [investigation made by it , may] :
(a) Except as otherwise provided in subsection 2 of NRS 703.190,
must be open to public inspection [or disclosed to any person, except upon
order of the commission, nor may either or any of the reports, or any
portion thereof,] ; and
(b) Notwithstanding any specific statute to the contrary, must not, in
whole or in part, be admitted as evidence or used for any purpose in any
suit or action for damages [growing] arising out of any matter mentioned
in [the] :
(1) The accident report required to be made by the public utility; or
(2) The report [of any such] made by the commission pursuant to its
investigation.
Sec. 5. NRS 704.309 is hereby amended to read as follows:
704.309 1. The commission shall levy and collect an annual
assessment from each railroad subject to the jurisdiction of the
commission that transports cargo into, out of or through this state to
support the activities of the commission relating to railroad safety.
2. The annual assessment levied on railroads:
(a) Must be equal to the costs incurred by the commission that are not
offset by the fees paid pursuant to NRS 459.512.
(b) Must be not more than 1 cent per ton of cargo transported by the
railroads into, out of or through this state during the immediately
preceding calendar year.
3. On or before [August] September 1 of each year, the commission
shall:
(a) Calculate the amount of the assessment to be levied pursuant to this
section for the previous fiscal year; and
(b) Mail to each railroad subject to the provisions of this section to the
current address of the railroad on file with the commission a notice
indicating the amount of the assessment. The failure of the commission to
so notify a railroad does not invalidate the assessment.
4. An assessment levied pursuant to this section is due on or before
[October] November 1 of each year. Each railroad that is subject to the
provisions of this section which fails to pay the assessment on or before
[November] December 1, shall pay, in addition to the assessment, a
penalty of 1 percent of the total unpaid balance for each month or portion
thereof that the assessment is delinquent or $10, whichever is greater,
except that no penalty may exceed $1,000 for each delinquent payment.
5. If a railroad sells or transfers its certificate of public convenience
and necessity or sells or transfers substantially all of its assets, the
commission shall calculate, levy and collect the accrued assessment for the
current year not later than 30 days after the sale or transfer, unless the
purchaser or transferee has assumed liability for the assessment. For the
purposes of this subsection, the jurisdiction of the commission over the
sale or transfer of a railroad continues until the assessment of the railroad
has been paid.
6. The commission may bring an appropriate action in its own name
for the collection of any assessment and penalty that is not paid pursuant
to this section.
Sec. 6. NRS 704.662 is hereby amended to read as follows:
704.662 1. Except as otherwise provided in subsection 5, each public
utility which furnishes, for compensation, any water for municipal,
industrial or domestic purposes shall adopt a plan of water conservation
based on the climate and the living conditions in its service area in
accordance with the provisions of NRS 704.6622. The provisions of the
plan must only apply to the public utility’s property and its customers.
2. As part of the procedure of adopting a plan, the public utility shall
provide an opportunity for any interested party, including, but not limited
to, any private or public entity that supplies water for municipal, industrial
or domestic purposes, to submit written views and recommendations on
the plan.
3. Except as otherwise provided in subsection 6, the plan:
(a) Must be available for inspection by members of the public during
office hours at the office of the public utility; and
(b) May be revised from time to time to reflect the changing needs and
conditions of the service area. Each such revision must be filed with the
commission and made available for inspection by members of the public
within 30 days after its adoption.
4. [The plan must be submitted to the commission on or before July 1,
1992. The commission shall review the plan for compliance with this
section within 30 days after its submission.] The plan must be approved by
the commission before it is put into effect.
5. In lieu of adopting a plan pursuant to subsection 1, a public utility
which is subject to the provisions of NRS 704.095 may elect to comply
with a plan of water conservation adopted by the commission for this
purpose.
6. If the public utility is required by order of the commission to file a
management plan for water resources, the public utility may adopt and file
the plan of water conservation with the commission at the same time it is
required to file the management plan for water resources.
Sec. 7. NRS 704.6624 is hereby amended to read as follows:
704.6624 1. Each public utility which furnishes, for compensation,
any water for municipal, industrial or domestic purposes shall[, on or
before July 1, 1992,] adopt a plan to provide incentives:
(a) To encourage water conservation in its service area;
(b) To retrofit existing structures with plumbing fixtures designed to
conserve the use of water; and
(c) For the installation of landscaping that uses a minimal amount of
water.
2. As part of the procedure of adopting a plan, the public utility shall
provide an opportunity for any interested person to submit written views
and recommendations on the plan.
3. The plan:
(a) Must be available for inspection by members of the public during
office hours at the office of the public utility; and
(b) May be revised from time to time to reflect the changing needs and
conditions of the service area. Each such revision must be filed with the
commission and made available for inspection by members of the public
within 30 days after its adoption.
4. The commission shall review the plan for compliance with this
section within 30 days after its submission. The plan must be approved by
the commission before it is put into effect.
Sec. 8. NRS 704.905 is hereby amended to read as follows:
704.905 As used in NRS [704.910] 704.905 to 704.960, inclusive:
1. “Alternative seller” has the meaning ascribed to it in NRS
704.994.
2. “Company town” means a community whose primary purpose is to
provide housing to employees of a person who owns not less than 70
percent of the dwellings, and may include commercial or other supporting
establishments.
[2.] 3. “Dwelling” includes a commercial or other supporting
establishment.
[3.] 4. “Utility” includes a public utility and all city, county or other
governmental entities which provide electric, gas or water service to a
mobile home park or a company town.
Sec. 9. NRS 704.910 is hereby amended to read as follows:
704.910 1. The provisions of NRS 704.910 to 704.960, inclusive,
apply to mobile home parks governed by the provisions of chapters 118B
and 461A of NRS, utilities and alternative sellers which provide utility
service to those parks and landlords who operate those parks.
2. A utility or an alternative seller which provides gas, water or
electricity to any landlord exclusively for distribution or resale to tenants
residing in mobile homes or for the landlord’s residential use shall not
charge the landlord for those services at a rate higher than the current rates
offered by the utility or alternative seller, as appropriate, to its residential
customers.
Sec. 10. NRS 704.920 is hereby amended to read as follows:
704.920 1. The provisions of NRS 704.920 to 704.960, inclusive,
apply to company towns, utilities and alternative sellers which provide
utility services to company towns, and persons who own and operate
company towns.
2. The commission shall require a public utility or an alternative
seller, as appropriate, which provides [service] utility services to a mobile
home park or to a company town, or an independent person who is
qualified, to conduct examinations to examine and test the lines and
equipment for distributing electricity and gas within the park or town at
the request of the manufactured housing division of the department of
business and industry or a city or county which has responsibility for the
enforcement of the provisions of chapter 461A of NRS. The utility[,] or
alternative seller, the person selected to conduct the examination and the
commission may enter a mobile home park or company town at reasonable
times to examine and test the lines and equipment, whether or not they are
owned by a utility[.] or an alternative seller.
3. The utility or alternative seller, as appropriate, or the person
selected to conduct the examination , shall conduct the examination and
testing to determine whether any line or equipment is unsafe for service
under the safety standards adopted by the commission for the
maintenance, use and operation of lines and equipment for distributing
electricity and gas, and shall report the results of the examination and
testing to the commission.
4. The owner of the mobile home park or company town shall pay for
the costs of the examination and testing.
5. If the landlord of a mobile home park or owner of a company town
refuses to allow the examination and testing to be made as provided in this
section, the commission shall deem the unexamined lines and equipment
to be unsafe for service.
6. If the commission finds:
(a) Or deems any lines or equipment within a mobile home park or
company town to be unsafe for service, it shall take appropriate action to
protect the safety of the residents of the park or town.
(b) Such lines or equipment to be unsafe for service or otherwise not in
compliance with its safety standards, it may, after a hearing, order the
landlord or owner to repair or replace such lines and equipment. For this
purpose [he] , the landlord or owner may expend some or all of the
money in his account for service charges for utilities, which he is required
to keep under NRS 704.940.
Sec. 11. NRS 704.930 is hereby amended to read as follows:
704.930 If a utility [furnishes] or an alternative seller provides a
utility service to a mobile home park or company town and the landlord of
the park or owner of the town charges his tenants or the occupants of his
dwellings for that service, [he] the landlord or owner shall:
1. Provide that service to his tenants or the occupants of his dwellings
in a manner which is consistent with the utility’s tariffs on file with the
commission , if applicable, and any law, ordinance or governmental
regulation relating to the provision of [those services.] that service. The
landlord or owner of the town shall not interrupt such a service for
nonpayment of charges unless the interruption is performed in a manner
which is consistent with the utility’s tariffs on file with the commission , if
applicable, and any law, ordinance or governmental regulation relating to
the manner of interrupting such a service for nonpayment of charges.
2. Not more than 5 days after he receives notice of a proposed increase
in the [utility’s rates,] rates of the utility service, give notice to his tenants
or those occupants of the proposed increase.
Sec. 12. NRS 704.940 is hereby amended to read as follows:
704.940 1. In a mobile home park or company town where the
landlord or owner is billed by a gas or electric utility or an alternative
seller and in turn charges the tenants or occupants of the dwellings for the
service provided by the utility[,] or alternative seller, and the park or
town:
(a) Is equipped with individual meters for each lot, the landlord or
owner shall not charge a tenant or occupant for that service at a rate higher
than the rate paid by the landlord or owner.
(b) Is not equipped with individual meters for each lot, the landlord or
owner shall prorate the cost of the service equally among the tenants of the
park or occupants of the dwellings who use the service, but the prorated
charges must not exceed in the aggregate the cost of the service to the
landlord or owner.
2. In a mobile home park or company town that:
(a) Is equipped with individual water meters for each lot, the individual
meters must be read and billed by the purveyor of the water.
(b) Is not equipped with individual water meters for each lot and the
landlord or owner is billed by the purveyor of the water and in turn
charges
the tenants or occupants of the dwellings for the service provided by the
purveyor, the landlord or owner shall prorate the cost of the service equally
among the tenants of the park or occupants of the dwellings who use the
service, but the prorated charges must not exceed in the aggregate the cost
of the service to the landlord or owner.
The landlord or owner of a mobile home park that converts from a master
-metered water system to individual water meters for each mobile home lot
shall not charge or receive any fee, surcharge or rent increase to recover
from his tenants the costs of the conversion. The owner of a company
town that is not equipped with individual water meters shall not convert
from the master-metered water system to individual water meters.
3. To the extent that the cost of providing a utility service to the
common area of a mobile home park or company town can be identified,
the landlord or owner may not recover the cost of [service provided by]
the utility service provided to the common area by directly charging a
tenant or the occupant of a dwelling for those services.
4. The landlord of a mobile home park or owner of a company town
may assess and collect a charge to reimburse him for the actual cost of the
service charge he is required to pay to a water utility serving the park or
town. If he collects such a charge, he shall prorate the actual cost of the
service charge to the tenants or occupants of dwellings who use the
service. He shall not collect more than the aggregate cost of the service to
him.
5. The landlord may assess and collect a service charge [for gas and
electric utilities] from the tenants of the park[,] for the provision of gas
and electric utility services, but the amount of the charge must not be
more than the tenants would be required to pay the [serving utility.] utility
or alternative seller providing the service. The landlord shall:
(a) Keep the money from the service charges in a separate account and
expend it only for federal income taxes which must be paid as a result of
the collection of the service charge, for preventive maintenance or for
repairing or replacing utility lines or equipment when ordered or granted
permission to do so by the commission; and
(b) Retain for at least 3 years a complete record of all deposits and
withdrawals of money from the account and file the record with the
commission on or before March 30 of each year.
6. Money collected by the landlord or owner for service provided by a
utility or an alternative seller to the tenants of a mobile home park or
occupants of the dwellings may not be used to maintain, repair or replace
utility lines or equipment serving the common area of the mobile home
park or company town.
7. The owner of a company town who provides a utility service
directly to the occupants of the town may charge the occupants their pro
rata share of his cost of providing that service. Where meters are available,
the pro rata share must be based on meter readings. Where meters are not
available, the owner shall determine a fair allocation which must be
explained in detail to the commission in the reports required by NRS
704.960. The commission may modify the allocation in accordance with
its regulations if it determines the owner’s method not to be fair. The
commission shall adopt regulations governing the determination of the
costs which an owner of a company town may recover for providing a
utility service directly to the occupants of that town and the terms and
conditions governing the provision of that service.
8. The landlord or owner shall itemize all charges for [utilities] utility
services on all bills for rent or occupancy. [He] The landlord or owner
may pass through to the tenant or occupant any increase in a rate for a
utility service and shall pass through any decrease in a charge for a utility
service as it becomes effective.
9. The landlord or owner shall retain for at least 3 years a copy of all
billings for [utilities] utility services made to his tenants or the occupants
of his dwellings and shall make these records available upon request to the
commission for verification of charges made for [utilities.] utility services.
10. A landlord whose interest in a mobile home park terminates for
any reason shall transfer to his successor in interest any balance remaining
in the account for service charges for utilities. Evidence of the transfer
must be filed with the commission.
11. The commission may at any time examine all books and records
which relate to the landlord’s or owner’s purchase of or billing for a
service provided by a utility or an alternative seller if he is charging the
tenants of the mobile home park or occupants of the dwellings for that
service.
Sec. 13. NRS 461A.230 is hereby amended to read as follows:
461A.230 1. Each mobile home park constructed after July 1, 1981,
but before October 1, 1989, must provide direct electrical and gas service
from [the] a utility or an alternative seller to each lot if those services are
available.
2. Each mobile home park constructed after October 1, 1989, must
provide direct:
(a) Electrical and gas service from a public utility or an alternative
seller, or a city, county or other governmental entity which provides
electrical or gas service, to each lot if those services are available.
(b) Water service from a public utility or a city, county or other
governmental entity which provides water service, the provisions of NRS
704.230 notwithstanding, to the park if that service is available.
3. In a county whose population is 400,000 or more, each mobile home
park constructed after October 1, 1995, must provide direct water service,
as provided in paragraph (b) of subsection 2, that is connected to
individual meters for each lot. The individual meters must be installed in
compliance with any uniform design and construction standards adopted
by the public utility or city, county or other governmental entity which
provides water service in the county.
4. As used in this section, “alternative seller” has the meaning
ascribed to it in NRS 704.994.
Sec. 14. 1. This section and section 5 of this act become effective on
July 1, 2001.
2. Sections 1 to 4, inclusive, and 6 to 13, inclusive, of this act become
effective on October 1, 2001.
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