[Rev. 11/21/2013 11:31:18 AM--2013]

CHAPTER 416 - EMERGENCIES CONCERNING WATER OR ENERGY

NRS 416.010           Purpose of chapter.

NRS 416.020           Definitions.

NRS 416.030           Powers of Governor.

NRS 416.040           Additional powers of Governor.

NRS 416.050           Proclamation of emergency: Determination by Governor; notice and hearing in area affected; filing.

NRS 416.060           Powers of Governor upon proclamation of emergency.

NRS 416.070           Confidentiality of information furnished at request of Governor; protective order; penalty for disclosure.

NRS 416.080           Variance from regulation or order: Procedures for application and hearing; judicial review.

NRS 416.090           Filing notice of official action; period of effectiveness of official action; issuance of new declaration of emergency related to water or energy.

NRS 416.100           Penalties for violation of regulation or order.

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      NRS 416.010  Purpose of chapter.  The purpose of this chapter is to meet effectively water and energy emergencies by providing for conservation, efficient utilization, production and allocation of water and energy in ways which will:

      1.  Carry out as necessary, national water and energy policies under federal water and energy laws;

      2.  Maintain vital services necessary for the peace, health, safety and welfare of the people of this state;

      3.  Promote the most efficient use of water and energy;

      4.  Lessen adverse impacts upon employment in and the economy and environment of this state;

      5.  Ensure to the extent reasonably possible equitable treatment of all regions of the State and all sectors of the economy, consistent with other necessary considerations; and

      6.  Promote and protect the interests of this state in the course of decisions to be made and actions to be taken under federal water and energy laws.

      (Added to NRS by 1977, 548)

      NRS 416.020  Definitions.  As used in this chapter, unless the context otherwise requires:

      1.  “Energy” means energy derived from crude oil, residual fuel oil, refined petroleum products, coal, natural and artificial gas, propane and electricity.

      2.  “Regulation” includes every rule, standard, directive or statement of general applicability that carries out or interprets law or policy or describes the organization, procedure or practice requirements of any state agency or political subdivision of the State.

      3.  “State agency” means every public agency, bureau, board, commission, department, division, officer or employee of the Executive Department of State Government.

      (Added to NRS by 1977, 549)

      NRS 416.030  Powers of Governor.  The Governor or the Governor’s designee may:

      1.  Collect and compile information concerning current, past and future sources, users and supplies of water and energy in this state.

      2.  Devise contingency plans that provide for conserving, allocating, using, increasing the supply or taking whatever steps are necessary to prevent a water or energy emergency, or in the event of a water or energy emergency, to ensure the fairest and most advantageous use of water or energy or of any water or energy source or supply for the benefit of all the people of this state.

      3.  Prepare reports explaining the purposes and projected economic impact of the proposed contingency plans and indicating those areas in which the plans are inconsistent with any existing rule, order, plan or regulation of any state agency or political subdivision of the State.

      4.  Serve as liaison with the Federal Government and other states on water and energy matters.

      5.  Keep current information on all requirements, alternatives and other existing and proposed actions and policies of the Federal Government concerning water and energy.

      (Added to NRS by 1977, 549)

      NRS 416.040  Additional powers of Governor.  The Governor or the Governor’s designee may:

      1.  Request any state agency or political subdivision of the State to supply any information in its possession or readily accessible to it concerning the use, supply, source, allocation or distribution of water or energy.

      2.  Request any business, industry, trade association or other organization or person doing business or representing persons doing business in this state to supply any information in their possession or that can reasonably be assumed to be readily accessible to them concerning the use, supply, source, allocation or distribution of water or energy.

      3.  Issue a subpoena to any officer or agent of any such public or private entity to appear before him or her and give oral testimony or produce any relevant book, paper, account, memorandum or record as was requested under subsection 1 or 2 and as may be necessary to deal with any actual or impending water or energy emergency in this state.

      4.  Enter into contracts for consulting or other services and take any other actions as are necessary to carry out the purposes of this chapter.

      (Added to NRS by 1977, 549)

      NRS 416.050  Proclamation of emergency: Determination by Governor; notice and hearing in area affected; filing.

      1.  The Governor may, by proclamation, declare a water or energy emergency, or impending water or energy emergency, whenever he or she determines that:

      (a) The President of the United States or Congress has declared that an actual or impending water or energy emergency exists in this state or elsewhere in the United States; or

      (b) The health, safety or welfare of the citizens of this state is threatened by reason of an actual or impending acute shortage in usable water or energy resources. A determination under this paragraph shall not be made unless reasonable notice and an opportunity for a hearing is afforded the citizens in the geographical area of the State affected.

      2.  A copy of the proclamation shall be filed with the Secretary of State.

      (Added to NRS by 1977, 550)

      NRS 416.060  Powers of Governor upon proclamation of emergency.  Upon the proclamation of a water or energy emergency under this chapter, the Governor may:

      1.  Issue, amend or rescind any regulation or order designed to alleviate or manage in an orderly manner the water or energy emergency including without limitation the regulation as necessary of the allocation, conservation or use of water or energy during the emergency. Any regulation or order so issued or amended has the full force of law within the geographical area specified in the proclamation.

      2.  Amend or suspend any regulation of any state agency or political subdivision of the State if the Governor determines that the action is necessary to lessen the adverse impact of the water or energy emergency on the people of this state.

      3.  Utilize the services, equipment, supplies and facilities of any state agency or political subdivision of the State to the greatest extent practicable and necessary to meet the water or energy emergency. The officers and employees of all state agencies and political subdivisions of the State shall cooperate with and extend such services and facilities to the Governor upon request.

      (Added to NRS by 1977, 550)

      NRS 416.070  Confidentiality of information furnished at request of Governor; protective order; penalty for disclosure.

      1.  Except as otherwise provided in NRS 239.0115, any information furnished under NRS 416.040 and designated as confidential by the person providing the information shall be maintained as confidential by the Governor and any other person who obtains information which he or she knows to be confidential under this section.

      2.  The Governor shall not make known in any manner any particulars of the information to any person other than those he or she designates in writing as having a need to know such information.

      3.  No subpoena or other judicial order may be issued compelling the Governor or any other person to divulge or make known the confidential information, except when the information is relevant to proceedings under subsection 6.

      4.  Nothing in this section prohibits use of confidential information to prepare statistics or other general data for publication in such a manner that the identity of particular persons or business establishments is protected.

      5.  Any person or business establishment who is served with a subpoena to give oral testimony or to produce any book, paper, correspondence, memorandum, account, agreements or other document or record pursuant to this chapter may apply to any district court for a protective order as provided by Rule 26 of the Nevada Rules of Civil Procedure.

      6.  In addition to any other penalties provided by law, a person who willfully discloses confidential information in violation of this section is subject to removal from office or immediate dismissal from public employment.

      (Added to NRS by 1977, 550; A 2007, 2102)

      NRS 416.080  Variance from regulation or order: Procedures for application and hearing; judicial review.

      1.  If the Governor issues a proclamation of a water or energy emergency under this chapter, he or she shall adopt procedures by which any person directly affected may, for good cause, apply for a partial or total variance from any regulation or order issued pursuant to NRS 416.060.

      2.  In adopting these procedures, the Governor may designate an appropriate state administrative agency to conduct a hearing on each application, receive sworn testimony, issue subpoenas for witnesses, books, papers or other documents or records considered relevant for the proper disposition of the application, and to issue decisions after a hearing on each application.

      3.  A person aggrieved by a final decision under this section is entitled to judicial review of the decision in the manner provided by law for the review of the decisions of administrative agencies in contested cases.

      (Added to NRS by 1977, 551; A 1985, 289)

      NRS 416.090  Filing notice of official action; period of effectiveness of official action; issuance of new declaration of emergency related to water or energy.

      1.  Notice of any official action taken by the Governor pursuant to NRS 416.050 or subsection 1 or 2 of NRS 416.060, including a proclamation of a water or energy emergency or the issuance, amendment, suspension or rescission of any regulation or order, shall be filed with the Secretary of State.

      2.  The official action shall be effective for a period of not more than 120 days after the date of filing unless the action is rescinded by the Governor before such expiration date.

      3.  The Governor shall cause widespread publicity to be given to the filing of the notice of official action.

      4.  Nothing in this section prohibits the Governor from issuing a new declaration of a water or energy emergency upon the expiration of a prior declaration when such an emergency or the threat of an imminent emergency continues to exist.

      (Added to NRS by 1977, 551)

      NRS 416.100  Penalties for violation of regulation or order.

      1.  Any person who violates any regulation or order issued by the Governor pursuant to this chapter is guilty of a misdemeanor.

      2.  In addition to any other penalties which may be imposed pursuant to this section, any person who violates any such regulation or order issued by the Governor is liable for a civil penalty of not more than $1,000.

      3.  Each day of violation shall be considered a separate offense.

      (Added to NRS by 1977, 551)