[Rev. 11/21/2013 1:20:58 PM--2013]

TITLE 58 - ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES

CHAPTER 701 - ENERGY POLICY

GENERAL PROVISIONS

NRS 701.010           Legislative findings; state policy.

NRS 701.020           Definitions.

NRS 701.030           “Biomass” defined.

NRS 701.040           “Consumer’s Advocate” defined.

NRS 701.050           “Director” defined.

NRS 701.055           “Energy development project” defined.

NRS 701.060           “Fuel cell” defined.

NRS 701.065           “Net metering system” defined.

NRS 701.068           “Panel” defined.

NRS 701.070           “Renewable energy” defined.

NRS 701.080           “Renewable energy generation project” defined.

NRS 701.090           “Task Force” defined.

GENERAL ADMINISTRATION OF ENERGY POLICY

Organization of Office of Energy

NRS 701.150           Creation; appointment of Director; employment of personnel by Director; classification of Director and personnel; conflict of interest prohibited.

 

General Powers and Duties

NRS 701.160           Submission of reports.

NRS 701.170           Administration of gifts and grants; execution of research contracts and cooperative agreements; regulations; creation of nonprofit corporations; execution of other agreements.

NRS 701.180           General duties concerning energy resources and energy conservation. [Effective through December 31, 2025.]

NRS 701.180           General duties concerning energy resources and energy conservation. [Effective January 1, 2026.]

NRS 701.190           Preparation of comprehensive state energy plan.

NRS 701.200           Recommendation of standards for energy conservation and for carrying out comprehensive state energy plan.

NRS 701.210           Preparation of petroleum allocation and rationing plans; administration of federal programs involving fuel allocation.

NRS 701.215           Preparation of state energy reduction plan for certain state-owned buildings.

NRS 701.218           Program to track use of energy in buildings owned by State or occupied by state agency; reimbursement by state agencies of certain costs incurred by Office of Energy in carrying out program.

NRS 701.220           Adoption of regulations for energy conservation in buildings; exemptions; applicability and enforcement; procedures for adoption.

NRS 701.230           Prohibition against inclusion in buildings of system using electric resistance for heating spaces; applicability; exceptions; enforcement by local governments.

NRS 701.240           Program to distribute money to acquire, install or improve net metering systems.

NRS 701.260           Prohibition against selling certain types of lights; regulations establishing energy efficiency standards for certain types of lights.

NRS 701.370           Trust Account for Renewable Energy and Energy Conservation: Creation; administration; expenditures.

NRS 701.380           Coordination of activities and programs; expenditure of money from Trust Account for Renewable Energy and Energy Conservation; other powers; preparation of annual report.

NRS 701.390           Dissemination of information; development of resources and projects; promotion of research and studies; cooperation and coordination with other officers and agencies.

NRS 701.400           Participation in federal programs; assistance to developers of renewable energy systems.

STATE AND LOCAL GOVERNMENT PANEL ON RENEWABLE AND EFFICIENT ENERGY

NRS 701.450           Creation; membership.

NRS 701.455           Chair; meetings; regulations; quorum; terms; members serve without compensation; requirements and restrictions concerning members who are state employees.

NRS 701.460           Powers and duties.

NRS 701.465           Support and assistance to be provided by Office of Energy.

NEW ENERGY INDUSTRY TASK FORCE

NRS 701.500           Creation; membership.

NRS 701.505           Chair; meetings; regulations; quorum; terms; members serve without compensation.

NRS 701.510           Powers and duties.

NRS 701.515           Support and assistance to be provided by Director.

ACCOUNT FOR RENEWABLE ENERGY, ENERGY EFFICIENCY AND ENERGY CONSERVATION LOANS

NRS 701.545           Definitions.

NRS 701.550           “American Recovery and Reinvestment Act” defined.

NRS 701.555           “Construction” defined.

NRS 701.557           “Energy conservation project” defined.

NRS 701.558           “Energy efficiency project” defined.

NRS 701.560           “Federal grant” defined.

NRS 701.568           “Qualified applicant” defined.

NRS 701.570           “Renewable energy system” defined.

NRS 701.575           Creation and administration of Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and Account for Set-Aside Programs; payment of claims; faith of State pledged.

NRS 701.580           Interest and income; deposits; acceptance of gifts, grants and bequests; use of money to benefit renewable energy systems limited.

NRS 701.585           Powers and duties of Director; limitations.

NRS 701.590           Limitations on use of money; compliance with federal law.

NRS 701.595           Regulations.

ENERGY DEVELOPMENT PROJECTS

NRS 701.600           Applicability.

NRS 701.610           Notice of energy development project: Filing; form; contents; regulations.

NRS 701.620           Compilation of information; preparation and submission of certain reports.

NRS 701.630           Creation and administration of Energy Planning and Conservation Account.

NRS 701.640           Creation and administration of Account for the Recovery of Costs.

RENEWABLE ENERGY PROJECTS ON INDIAN TRIBAL LANDS

NRS 701.680           Waiver of tribal sovereign immunity allows state courts to exercise jurisdiction over actions and claims relating to renewable energy projects on Indian tribal lands.

_________

 

GENERAL PROVISIONS

      NRS 701.010  Legislative findings; state policy.

      1.  The Legislature finds that:

      (a) Energy is essential to the economy of the State and to the health, safety and welfare of the people of the State.

      (b) The State has a responsibility to encourage the maintenance of a reliable and economical supply of energy at a level which is consistent with the protection of environmental quality.

      (c) The State has a responsibility to encourage the utilization of a wide range of measures which reduce wasteful uses of energy resources.

      (d) The State and the public have an interest in encouraging public utilities to promote and take actions toward energy conservation.

      (e) Planning for energy conservation and future energy requirements should include consideration of state, regional and local plans for land use, urban expansion, transportation systems, environmental protection and economic development.

      (f) Government and private enterprise need to accelerate research and development of sources of renewable energy and to improve technology related to the research and development of existing sources of energy.

      (g) While government and private enterprise are seeking to accelerate research and development of sources of renewable energy, they must also prepare for and respond to the advent of competition within the electrical energy industry and are, therefore, encouraged to maximize the use of indigenous energy resources to the extent competitively and economically feasible.

      (h) Prevention of delays and interruptions in providing energy, protecting environmental values and conserving energy require expanded authority and capability within State Government.

      2.  It is the policy of this State to encourage participation with all levels of government and private enterprise in cooperative state, regional and national programs to assure adequate supplies of energy resources and markets for such energy resources.

      3.  It is the policy of this State to assign the responsibility for managing and conserving energy and its sources to agencies whose other programs are similar, to avoid duplication of effort in developing policies and programs for energy.

      (Added to NRS by 1977, 1163; A 1983, 2092; 1995, 311; 2001, 3263; 2007, 2973)

      NRS 701.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 701.030 to 701.090, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1977, 1163; A 1983, 2092; 1993, 1698; 2001, 3263; 2003, 1873; 2009, 1370; 2011, 2056, 2550)

      NRS 701.030  “Biomass” defined.  “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

      1.  Agricultural crops and agricultural wastes and residues;

      2.  Wood and wood wastes and residues;

      3.  Animal wastes;

      4.  Municipal wastes; and

      5.  Aquatic plants.

      (Added to NRS by 2001, 3259)

      NRS 701.040  “Consumer’s Advocate” defined.  “Consumer’s Advocate” means the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General.

      (Added to NRS by 2001, 3259)

      NRS 701.050  “Director” defined.  “Director” means the Director of the Office of Energy appointed pursuant to NRS 701.150.

      (Added to NRS by 2001, 3259)

      NRS 701.055  “Energy development project” defined.  “Energy development project” means a project for the generation, transmission and development of energy located on public or private land. The term includes, without limitation:

      1.  A utility facility, as defined in NRS 704.860, constructed on private land; and

      2.  Electric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS 704.7811, as their primary source of energy to generate electricity.

      (Added to NRS by 2011, 2547)

      NRS 701.060  “Fuel cell” defined.  “Fuel cell” means a device or contrivance that, through the chemical process of combining ions of hydrogen and oxygen, produces electricity and water.

      (Added to NRS by 2001, 3259)

      NRS 701.065  “Net metering system” defined.  “Net metering system” has the meaning ascribed to it in NRS 704.771.

      (Added to NRS by 2003, 1872)

      NRS 701.068  “Panel” defined.  “Panel” means the State and Local Government Panel on Renewable and Efficient Energy created by NRS 701.450.

      (Added to NRS by 2009, 1366)

      NRS 701.070  “Renewable energy” defined.

      1.  “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

      (a) Biomass;

      (b) Fuel cells;

      (c) Geothermal energy;

      (d) Solar energy;

      (e) Waterpower; and

      (f) Wind.

      2.  The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

      (Added to NRS by 2001, 3259)

      NRS 701.080  “Renewable energy generation project” defined.

      1.  “Renewable energy generation project” means a project involving an electric generating facility or system that uses renewable energy as its primary source of energy to generate electricity.

      2.  The term does not include a project involving an electric generating facility or system that uses nuclear energy, in whole or in part, to generate electricity.

      (Added to NRS by 2001, 3259)

      NRS 701.090  “Task Force” defined.  “Task Force” means the New Energy Industry Task Force created by NRS 701.500.

      (Added to NRS by 2001, 3259; A 2009, 1370)

GENERAL ADMINISTRATION OF ENERGY POLICY

Organization of Office of Energy

      NRS 701.150  Creation; appointment of Director; employment of personnel by Director; classification of Director and personnel; conflict of interest prohibited.

      1.  The Office of Energy is hereby created within the Office of the Governor.

      2.  The Governor shall appoint the Director. The Director:

      (a) Is in the unclassified service of the State; and

      (b) Serves at the pleasure of the Governor.

      3.  The Director may, within the limits of available money, employ:

      (a) Such persons in the unclassified service of the State as the Director determines to be necessary to carry out the duties of the Office of Energy pursuant to this chapter; and

      (b) Such additional personnel as may be required to carry out the duties of the Office of Energy pursuant to this chapter, who must be in the classified service of the State.

      4.  A person employed by the Director pursuant to this section must be qualified by training and experience to perform the duties for which the Director employs the person.

      5.  The Director and the persons employed by the Director shall not have any conflict of interest relating to the performance of their duties pursuant to this chapter.

      6.  The provisions of NRS 223.085 do not apply to the Director or to any person employed by the Director pursuant to this section.

      (Added to NRS by 2001, 3262)

General Powers and Duties

      NRS 701.160  Submission of reports.  The Director shall prepare a report concerning the status of energy in the State of Nevada and submit it to:

      1.  The Governor on or before January 30 of each year; and

      2.  The Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature on or before January 30 of each odd-numbered year.

      (Added to NRS by 1975, 670; A 1977, 1166; 2009, 1370; 2011, 2056)

      NRS 701.170  Administration of gifts and grants; execution of research contracts and cooperative agreements; regulations; creation of nonprofit corporations; execution of other agreements.  The Director may:

      1.  Administer any gifts or grants which the Office of Energy is authorized to accept for the purposes of this chapter.

      2.  To the extent not inconsistent with the terms or conditions of a gift, grant or appropriation, expend money received from those gifts or grants or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.

      3.  Enter into any cooperative agreement with any federal or state agency or political subdivision.

      4.  Adopt any regulations that the Director determines are necessary to carry out the duties of the Office of Energy pursuant to this chapter.

      5.  Within the limits of legislative appropriations and other money authorized for expenditure for such purposes, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which the Director determines is necessary or convenient for the exercise of the powers and duties of the Office of Energy. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the Office of Energy.

      6.  Within the limits of legislative appropriations and other money authorized for expenditure for such purposes, negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the Director or the Office of Energy.

      (Added to NRS by 1977, 1165; A 1979, 624, 1560; 1983, 2093; 1993, 1699; 2001, 3264; 2007, 3001; 2009, 1370)

      NRS 701.180  General duties concerning energy resources and energy conservation. [Effective through December 31, 2025.]  The Director shall:

      1.  Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources, including, without limitation:

      (a) Information relating to the Solar Energy Systems Incentive Program created pursuant to NRS 701B.240 and the Wind Energy Systems Demonstration Program created pursuant to 701B.580, including, without limitation, information relating to:

             (1) The development of distributed generation systems in this State pursuant to participation in the Solar Energy Systems Incentive Program;

             (2) The use of carbon-based energy in residential and commercial applications due to participation in the Programs; and

             (3) The average cost of generation on a kilowatt-hour basis for residential and commercial applications due to participation in the Programs; and

      (b) Information relating to any money distributed pursuant to NRS 702.270.

      2.  Review and evaluate information which identifies trends and permits forecasting of the energy available to the State. Such forecasts must include estimates on:

      (a) The level of demand for energy in the State for 5-, 10- and 20-year periods;

      (b) The amount of energy available to meet each level of demand;

      (c) The probable implications of the forecast on the demand and supply of energy; and

      (d) The sources of renewable energy and other alternative sources of energy which are available and their possible effects.

      3.  Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the State.

      4.  Solicit and serve as the point of contact for grants and other money from the Federal Government, including, without limitation, any grants and other money available pursuant to any program administered by the United States Department of Energy, and other sources:

      (a) To promote energy projects that enhance the economic development of the State;

      (b) To promote the use of renewable energy in this State;

      (c) To promote the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

      (d) To develop a comprehensive program for retrofitting public buildings in this State with energy efficiency measures; and

      (e) If the Director determines that it is feasible and cost-effective, to enter into contracts with researchers from the Nevada System of Higher Education for the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State developed pursuant to paragraph (d).

      5.  Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumer’s Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      6.  If requested to make a determination pursuant to NRS 111.239 or 278.0208, make the determination within 30 days after receiving the request. If the Director needs additional information to make the determination, the Director may request the information from the person making the request for a determination. Within 15 days after receiving the additional information, the Director shall make a determination on the request.

      7.  Cooperate with the Department of Wildlife in carrying out the provisions of NRS 701.600 to 701.640, inclusive.

      8.  Upon request by a developer of an energy development project or a local government in a county in which an energy development project is proposed to be located, coordinate discussions, not otherwise required by any existing regulatory agency, with interested parties concerning any potential effect of the energy development project.

      9.  Carry out all other directives concerning energy that are prescribed by the Governor.

      (Added to NRS by 1977, 1164; A 1983, 2093; 2001, 3264; 2009, 1371, 1596; 2011, 93, 2057, 2550, 2563; 2013, 3347, 3815)

      NRS 701.180  General duties concerning energy resources and energy conservation. [Effective January 1, 2026.]  The Director shall:

      1.  Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources, including, without limitation, information relating to any money distributed pursuant to NRS 702.270.

      2.  Review and evaluate information which identifies trends and permits forecasting of the energy available to the State. Such forecasts must include estimates on:

      (a) The level of demand for energy in the State for 5-, 10- and 20-year periods;

      (b) The amount of energy available to meet each level of demand;

      (c) The probable implications of the forecast on the demand and supply of energy; and

      (d) The sources of renewable energy and other alternative sources of energy which are available and their possible effects.

      3.  Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the State.

      4.  Solicit and serve as the point of contact for grants and other money from the Federal Government, including, without limitation, any grants and other money available pursuant to any program administered by the United States Department of Energy, and other sources:

      (a) To promote energy projects that enhance the economic development of the State;

      (b) To promote the use of renewable energy in this State;

      (c) To promote the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

      (d) To develop a comprehensive program for retrofitting public buildings in this State with energy efficiency measures; and

      (e) If the Director determines that it is feasible and cost-effective, to enter into contracts with researchers from the Nevada System of Higher Education for the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State developed pursuant to paragraph (d).

      5.  Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumer’s Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      6.  If requested to make a determination pursuant to NRS 111.239 or 278.0208, make the determination within 30 days after receiving the request. If the Director needs additional information to make the determination, the Director may request the information from the person making the request for a determination. Within 15 days after receiving the additional information, the Director shall make a determination on the request.

      7.  Cooperate with the Department of Wildlife in carrying out the provisions of NRS 701.600 to 701.640, inclusive.

      8.  Upon request by a developer of an energy development project or a local government in a county in which an energy development project is proposed to be located, coordinate discussions, not otherwise required by any existing regulatory agency, with interested parties concerning any potential effect of the energy development project.

      9.  Carry out all other directives concerning energy that are prescribed by the Governor.

      (Added to NRS by 1977, 1164; A 1983, 2093; 2001, 3264; 2009, 1371, 1372, 1596; 2011, 93, 2057, 2550, 2558, 2563; 2013, 3347, 3815, effective January 1, 2026)

      NRS 701.190  Preparation of comprehensive state energy plan.

      1.  The Director shall prepare a comprehensive state energy plan which provides for the promotion of:

      (a) Energy projects that enhance the economic development of the State;

      (b) The use of renewable energy;

      (c) The use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy; and

      (d) A program for the safe disposal and recycling of electronic waste, electrical equipment and other waste, including, without limitation, a program for the safe disposal and recycling of compact fluorescent light bulbs.

      2.  The comprehensive state energy plan must include provisions for:

      (a) The assessment of the potential benefits of proposed energy projects on the economic development of the State.

      (b) The education of persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      (c) The creation of incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      (d) Grants and other money to establish programs and conduct activities which promote:

             (1) Energy projects that enhance the economic development of the State;

             (2) The use of renewable energy;

             (3) The use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy; and

             (4) The recycling of electronic waste, electrical equipment and other waste, including, without limitation, a program for the safe disposal and recycling of compact fluorescent light bulbs.

      (e) The development or incorporation by reference of model and uniform building and energy codes and standards which are written in language that is easy to understand and which include performance standards for conservation of energy and efficient use of energy.

      (f) The promotion of the development in this State of a curriculum for a program of renewable energy education and recycling education in kindergarten through grade 12.

      (g) The promotion of the development by institutions of higher education in this State of research and educational programs relating to renewable energy.

      (h) Oversight and accountability with respect to all programs and activities described in this subsection.

      (i) Any other matter that the Director determines to be relevant to the issues of energy resources, energy use, energy conservation and energy efficiency.

      (Added to NRS by 1977, 1164; A 1979, 1560; 2001, 3265; 2009, 1373; 2011, 2058)

      NRS 701.200  Recommendation of standards for energy conservation and for carrying out comprehensive state energy plan.

      1.  The Director may recommend to state agencies, local governments and appropriate private persons and entities, standards for conservation of energy and its sources and for carrying out the comprehensive state energy plan.

      2.  In recommending such standards, the Director shall consider the usage of energy and its sources in the State and the methods available for conservation of those sources.

      (Added to NRS by 1977, 1165; A 1983, 2094; 1997, 2010; 2001, 3266; 2009, 1374; 2011, 2059)

      NRS 701.210  Preparation of petroleum allocation and rationing plans; administration of federal programs involving fuel allocation.  The Director shall:

      1.  Prepare, subject to the approval of the Governor, petroleum allocation and rationing plans for possible energy contingencies. The plans shall be carried out only by executive order of the Governor.

      2.  Carry out and administer any federal programs which authorize state participation in fuel allocation programs.

      (Added to NRS by 1977, 1165; A 2009, 1374; 2011, 2059)

      NRS 701.215  Preparation of state energy reduction plan for certain state-owned buildings.

      1.  The Director shall prepare a state energy reduction plan which requires state agencies, departments and other entities in the Executive Branch to reduce grid-based energy purchases for state-owned buildings by 20 percent by 2015.

      2.  In accordance with, and out of any money received pursuant to, the American Recovery and Reinvestment Act of 2009, Public Law 111-5, the Interim Finance Committee may determine an amount of money to be used by the Director to fulfill the requirements of subsection 1.

      3.  The Director:

      (a) Shall use any amount of money provided pursuant to subsection 2 to fulfill the requirements of subsection 1;

      (b) May fulfill the requirements of subsection 1 by contracting with one or more qualified independent consultants; and

      (c) Shall biannually file reports with the Legislative Commission that:

             (1) Indicate the general progress of energy reduction in state buildings; and

             (2) Identify any state agency that fails to cooperate with the Director in the design or implementation of the plan prepared pursuant to subsection 1.

      (Added to NRS by 2005, 22nd Special Session, 76; A 2009, 1375)

      NRS 701.218  Program to track use of energy in buildings owned by State or occupied by state agency; reimbursement by state agencies of certain costs incurred by Office of Energy in carrying out program.

      1.  The Office of Energy shall establish a program to track the use of energy in buildings owned by the State and in other buildings which are occupied by a state agency.

      2.  The program established pursuant to this section must:

      (a) Record utility bills for each building for each month and preserve those records indefinitely;

      (b) Allow for the comparison of utility bills for a building from month to month and year to year;

      (c) Allow for the comparison of utility bills between buildings, including comparisons between similar buildings or types of buildings;

      (d) Allow for adjustments to the information based upon variations in weather conditions, the length of the billing period and other changes in relevant conditions;

      (e) Facilitate identification of errors in utility bills and meter readings;

      (f) Allow for the projection of costs for energy for a building; and

      (g) Identify energy and cost savings associated with efforts to conserve energy.

      3.  The Office of Energy may apply for any available grants and accept any gifts, grants or donations to assist in establishing and carrying out the program.

      4.  In accordance with, and out of any money received pursuant to, the American Recovery and Reinvestment Act of 2009, Public Law 111-5, the Interim Finance Committee may determine an amount of money to be used by the Office of Energy to fulfill the requirements of subsection 1.

      5.  To the extent that there is not sufficient money available for the support of the program, each state agency that occupies a building in which the use of energy is tracked pursuant to the program shall reimburse the Office of Energy for the agency’s proportionate share of the unfunded portion of the cost of the program. The reimbursement must be based upon the energy consumption of the respective state agencies that occupy buildings in which the use of energy is tracked.

      (Added to NRS by 2011, 2988)

      NRS 701.220  Adoption of regulations for energy conservation in buildings; exemptions; applicability and enforcement; procedures for adoption.

      1.  The Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes. Such regulations must include the adoption of the most recent version of the International Energy Conservation Code, issued by the International Code Council, and any amendments to the Code that will not materially lessen the effective energy savings requirements of the Code and are deemed necessary to support effective compliance and enforcement of the Code, and must establish the minimum standards for:

      (a) The construction of floors, walls, ceilings and roofs;

      (b) The equipment and systems for heating, ventilation and air-conditioning;

      (c) Electrical equipment and systems;

      (d) Insulation; and

      (e) Other factors which affect the use of energy in a building.

Ê The regulations must provide for the adoption of the most recent version of the International Energy Conservation Code, and any amendments thereto, every third year.

      2.  The Director may exempt a building from a standard if the Director determines that application of the standard to the building would not accomplish the purpose of the regulations.

      3.  The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.

      4.  The standards adopted by the Director are the minimum standards for the conservation of energy and energy efficiency in buildings in this State. The governing body of a local government that is authorized by law to adopt and enforce a building code:

      (a) Except as otherwise provided in paragraph (b), shall incorporate the standards adopted by the Director in its building code;

      (b) May adopt higher or more stringent standards and must report any such higher or more stringent standards, along with supporting documents, to the Director; and

      (c) Shall enforce the standards adopted.

      5.  The Director shall solicit comments regarding the adoption of regulations pursuant to this section from:

      (a) Persons in the business of constructing and selling homes;

      (b) Contractors;

      (c) Public utilities;

      (d) Local building officials; and

      (e) The general public,

Ê before adopting any regulations. The Director must conduct at least three hearings in different locations in the State, after giving 30 days’ notice of each hearing, before the Director may adopt any regulations pursuant to this section.

      (Added to NRS by 1985, 1794; A 2001, 1251, 3266; 2003, 32; 2005, 22nd Special Session, 76; 2009, 986, 1375; 2011, 2059)

      NRS 701.230  Prohibition against inclusion in buildings of system using electric resistance for heating spaces; applicability; exceptions; enforcement by local governments.

      1.  In a county whose population is 100,000 or more, a building whose construction, or retrofit that replaces the heating source of the premises, exclusive of maintenance, began on or after October 1, 1983, must not contain a system using electric resistance for heating spaces unless:

      (a) The system is merely supplementary to another means of heating;

      (b) Under the particular circumstances, no other primary means of heating the spaces is possible other than electric resistance;

      (c) The system is a hydronic radiant heating system or a system that uses ground-source heat pumps or water-source heat pumps; or

      (d) The system using electric resistance for heating spaces uses electricity produced from renewable energy systems that exist on the owner’s property, including, without limitation, net metering systems.

      2.  The owner of a property who seeks to use a system using electric resistance for heating spaces must submit an application for an exception pursuant to subsection 1 to the governing body of the applicable local government before beginning construction or retrofitting of the system.

      3.  The governing body of the local government:

      (a) Shall enforce subsection 1;

      (b) Shall determine whether the property owner is eligible for an exception pursuant to subsection 1 within 30 days after receiving a complete application from the owner of the property; and

      (c) Shall forward its decision to the owner of the property and to the Director.

      4.  This section does not prohibit the use of incandescent or fluorescent lighting.

      5.  As used in this section, “electric resistance” means passing an electric current through a resistance, coil, wire or other obstacle which impedes electricity and causes it to produce heat.

      (Added to NRS by 1983, 1575; A 1985, 2289; 1993, 1699; 2009, 987, 1376)

      NRS 701.240  Program to distribute money to acquire, install or improve net metering systems.

      1.  The Director shall develop a program to distribute money, within the limits of legislative appropriation, in the form of grants, incentives or rebates to persons to pay or defray, in whole or in part, the costs for those persons to acquire, install or improve net metering systems, if the Director determines that the distribution of money to a person for that purpose will encourage, promote or stimulate:

      (a) The development or use of sources of renewable energy in the State or the development of industries or technologies that use sources of renewable energy in the State;

      (b) The conservation of energy in the State, the diversification of the types of energy used in the State or any reduction in the dependence of the State on foreign sources of energy;

      (c) The protection of the natural resources of the State or the improvement of the environment;

      (d) The enhancement of existing utility facilities or any other infrastructure in the State or the development of new utility facilities or any other infrastructure in the State; or

      (e) The investment of capital or the expansion of business opportunities in the State or any growth in the economy of the State.

      2.  The Director may adopt any regulations that are necessary to carry out the provisions of this section.

      3.  The Director shall not distribute money to any person pursuant to this section unless:

      (a) The person complies with any requirements that the Director adopts by regulation; and

      (b) The distribution of the money is consistent with one or more of the public purposes set forth in paragraphs (a) to (e), inclusive, of subsection 1.

      4.  As used in this section, “person” includes, without limitation, any state or local governmental agency or entity.

      (Added to NRS by 2003, 1872; A 2009, 1376; 2011, 2060)

      NRS 701.260  Prohibition against selling certain types of lights; regulations establishing energy efficiency standards for certain types of lights.

      1.  Between January 1, 2012, and December 31, 2015, inclusive, no general purpose light may be sold in this State unless it produces at least 25 lumens per watt of electricity consumed.

      2.  On and after January 1, 2016, no general purpose light may be sold in this State unless it meets or exceeds the minimum standard of energy efficiency established by the Director pursuant to subsection 3 for lumens per watt of electricity consumed.

      3.  The Director shall adopt regulations to carry out the provisions of this section. The regulations must, without limitation:

      (a) Establish a minimum standard of energy efficiency for lumens per watt of electricity consumed that must be produced by general purpose lights sold in this State on and after January 1, 2016. The minimum standard of energy efficiency established by the Director must exceed 25 lumens per watt of electricity consumed.

      (b) Attempt to minimize the overall cost to consumers for general purpose lighting, considering the needs of consumers relating to lighting, technological feasibility and anticipated product availability and performance.

      4.  As used in this section, “general purpose light” means lamps, bulbs, tubes or other devices that provide functional illumination for indoor or outdoor use. The term does not include “specialty lighting” or “lighting necessary to provide illumination for persons with special needs,” as defined by the Director by regulation.

      (Added to NRS by 2007, 3001; A 2009, 1377; 2011, 2061)

      NRS 701.370  Trust Account for Renewable Energy and Energy Conservation: Creation; administration; expenditures.

      1.  The Trust Account for Renewable Energy and Energy Conservation is hereby created in the State General Fund.

      2.  The Director shall administer the Account. As administrator of the Account, the Director:

      (a) Shall maintain the financial records of the Account;

      (b) Shall invest the money in the Account as the money in other state accounts is invested;

      (c) Shall manage any subaccount associated with the Account;

      (d) Shall maintain any instruments that evidence investments made with the money in the Account;

      (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

      (f) May perform any other duties that are necessary to administer the Account.

      3.  The interest and income earned on the money in the Account must, after deducting any applicable charges, be credited to the Account. All claims against the Account must be paid as other claims against the State are paid.

      4.  Not more than 2 percent of the money in the Account may be used to pay the costs of administering the Account.

      5.  The money in the Account remains in the Account and does not revert to the State General Fund at the end of any fiscal year.

      6.  All money that is deposited or paid into the Account may only be expended pursuant to an allocation made by the Director. Money expended from the Account must not be used to supplant existing methods of funding that are available to public agencies.

      (Added to NRS by 2001, 3259; A 2009, 1377; 2011, 451, 2062)

      NRS 701.380  Coordination of activities and programs; expenditure of money from Trust Account for Renewable Energy and Energy Conservation; other powers; preparation of annual report.

      1.  The Director shall:

      (a) Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumer’s Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      (b) Spend the money in the Trust Account for Renewable Energy and Energy Conservation to:

             (1) Educate persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (2) Create incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (3) Distribute grants and other money to establish programs and projects which incorporate the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (4) Conduct feasibility studies, including, without limitation, any feasibility studies concerning the establishment or expansion of any grants, incentives, rebates or other programs to enable or assist persons to reduce the cost of purchasing distributed generation systems and on-site generation systems and net metering systems that use renewable energy.

      (c) Take any other actions that the Director deems necessary to carry out the duties of the Office of Energy, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the Director in carrying out the duties of the Office.

      2.  The Director shall prepare an annual report concerning the activities and programs of the Office of Energy and submit the report to the Legislative Commission and the Governor on or before January 30 of each year. The annual report must include, without limitation:

      (a) A description of the objectives of each activity and program;

      (b) An analysis of the effectiveness and efficiency of each activity and program in meeting the objectives of the activity or program;

      (c) The amount of money distributed for each activity and program from the Trust Account for Renewable Energy and Energy Conservation and a detailed description of the use of that money for each activity and program;

      (d) An analysis of the coordination between the Office of Energy and other officers and agencies; and

      (e) Any changes planned for each activity and program.

      3.  As used in this section:

      (a) “Distributed generation system” means a facility or system for the generation of electricity that is in close proximity to the place where the electricity is consumed:

             (1) That uses renewable energy as defined in NRS 704.7811 to generate electricity;

             (2) That is located on the property of a customer of an electric utility;

             (3) That is connected on the customer’s side of the electricity meter;

             (4) That provides electricity primarily to offset customer load on that property; and

             (5) The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to 704.775, inclusive.

      (b) “Electric utility” has the meaning ascribed to it in NRS 704.7571.

      (Added to NRS by 2001, 3261; A 2003, 1873; 2009, 1378; 2011, 2062)

      NRS 701.390  Dissemination of information; development of resources and projects; promotion of research and studies; cooperation and coordination with other officers and agencies.  The Director shall:

      1.  Utilize all available public and private means to:

      (a) Provide information to the public about issues relating to energy and to explain how conservation of energy and its sources may be accomplished; and

      (b) Work with educational and research institutions, trade associations and any other public and private entities in this State to create a database for information on technological development, financing opportunities and federal and state policy developments regarding renewable energy and energy efficiency.

      2.  Encourage the development of any sources of renewable energy and any energy projects which will benefit the State and any measures which conserve or reduce the demand for energy or which result in more efficient use of energy, including, without limitation, by:

      (a) Identifying appropriate areas in this State for the development of sources of renewable energy, based on:

             (1) Assessments of solar, wind and geothermal potential;

             (2) Evaluations of natural resource constraints;

             (3) Current electric transmission infrastructure and capacity; and

             (4) The feasibility of the construction of new electric transmission lines;

      (b) Working with renewable energy developers to locate their projects within appropriate areas of this State, including, without limitation, assisting the developers to interact with the Bureau of Land Management, the Department of Defense and other federal agencies in:

             (1) Expediting land leases;

             (2) Resolving site issues; and

             (3) Receiving permits for projects on public lands within the appropriate areas of this State;

      (c) Coordinating the planning of renewable energy projects in appropriate areas of this State to establish a mix of solar, wind and geothermal renewable energy systems that create a reliable source of energy and maximize the use of current or future transmission lines and infrastructure; and

      (d) Developing proposals for the financing of future electric transmission projects for renewable energy if no such financing proposals exist.

      3.  Review jointly with the Nevada System of Higher Education the policies of this State relating to the research and development of the geothermal energy resources in this State and make recommendations to the appropriate state and federal agencies concerning methods for the development of those resources.

      4.  If the Director determines that it is feasible and cost-effective, enter into contracts with researchers from the Nevada System of Higher Education:

      (a) To conduct environmental studies relating to the identification of appropriate areas in this State for the development of renewable energy resources, including, without limitation, hydrologic studies, solar resource mapping studies and wind power modeling studies;

      (b) For the development of technologies that will facilitate the energy efficiency of the electricity grid for this State, including, without limitation, meters that facilitate energy efficiency for consumers of electricity; and

      (c) For the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State with energy efficiency measures.

      5.  Carry out all other directives concerning energy that are prescribed by the Legislature.

      (Added to NRS by 2009, 1366; A 2011, 2063)

      NRS 701.400  Participation in federal programs; assistance to developers of renewable energy systems.  The Director may:

      1.  Participate in any program established by the Federal Government relating to sources of energy and adopt regulations to carry out such a program.

      2.  Assist developers of renewable energy systems in preparing and making requests to obtain money for development through the issuance of industrial development revenue bonds pursuant to NRS 349.400 to 349.670, inclusive.

      (Added to NRS by 2009, 1368; A 2011, 2065)

STATE AND LOCAL GOVERNMENT PANEL ON RENEWABLE AND EFFICIENT ENERGY

      NRS 701.450  Creation; membership.

      1.  The State and Local Government Panel on Renewable and Efficient Energy is hereby created.

      2.  Except as otherwise provided in subsection 3, the Panel consists of the Director and the following seven members appointed by the Director:

      (a) A representative of the State Public Works Board;

      (b) A representative of the Housing Division of the Department of Business and Industry;

      (c) A representative of the Buildings and Grounds Section of the State Public Works Division of the Department of Administration;

      (d) A representative of the Department of Wildlife;

      (e) A representative of the Nevada Association of Counties or its successor organization;

      (f) A representative of the Nevada League of Cities or its successor organization; and

      (g) A representative of the Nevada Association of School Boards or its successor organization.

      3.  The Director may appoint not more than three additional members to the Panel to represent state and local government agencies or private industry in the field of renewable energy or energy efficiency.

      (Added to NRS by 2009, 1368; A 2011, 2065)

      NRS 701.455  Chair; meetings; regulations; quorum; terms; members serve without compensation; requirements and restrictions concerning members who are state employees.

      1.  The Director is the Chair of the Panel.

      2.  The members of the Panel shall meet at the call of the Director. The Panel shall prescribe regulations for its management and government.

      3.  A majority of the members of the Panel constitutes a quorum, and a quorum may exercise all the powers conferred on the Panel.

      4.  The members of the Panel serve at the pleasure of the Director.

      5.  The members of the Panel serve without compensation.

      6.  The members of the Panel who are state employees:

      (a) Must be relieved from their duties without loss of their regular compensation to perform their duties relating to the Panel in the most timely manner practicable; and

      (b) May not be required to make up the time they are absent from work to fulfill their obligations as members of the Panel or to take annual leave or compensatory time for the absence.

      (Added to NRS by 2009, 1369; A 2011, 2066)

      NRS 701.460  Powers and duties.  The Panel:

      1.  Shall advise the Director on the viability and progress of energy efficiency and renewable energy retrofit projects at public buildings and schools; and

      2.  May apply for any available grants and accept any gifts, grants or donations to assist the Panel in carrying out its duties pursuant to this section.

      (Added to NRS by 2009, 1369; A 2011, 2066)

      NRS 701.465  Support and assistance to be provided by Office of Energy.  The Office of Energy shall provide the personnel, facilities, equipment and supplies required by the Panel to carry out the provisions of NRS 701.450 to 701.465, inclusive.

      (Added to NRS by 2009, 1369; A 2011, 2066)

NEW ENERGY INDUSTRY TASK FORCE

      NRS 701.500  Creation; membership.

      1.  The New Energy Industry Task Force is hereby created.

      2.  Except as otherwise provided in subsection 3, the Task Force consists of the Director and the following eight members who must be appointed by the Director:

      (a) A representative of the large-scale solar energy industry in this State;

      (b) A representative of the geothermal energy industry in this State;

      (c) A representative of the wind energy industry in this State;

      (d) A representative of the distributed generation industry, energy efficiency equipment and installation industry or manufacturers of equipment for renewable energy power plants in this State;

      (e) A representative of an electric utility in this State;

      (f) A representative of an organization in this State that advocates on behalf of environmental or public lands issues who has expertise in or knowledge of environmental or public lands issues;

      (g) A representative of a labor organization in this State; and

      (h) A representative of an organization that represents contractors in this State.

      3.  The Director may appoint not more than three additional members to the Task Force to represent state and local government agencies or private industry in the field of renewable energy or energy efficiency.

      (Added to NRS by 2009, 1369; A 2009, 2016; 2011, 2066)

      NRS 701.505  Chair; meetings; regulations; quorum; terms; members serve without compensation.

      1.  The Director is the Chair of the Task Force.

      2.  The members of the Task Force shall meet at the call of the Director. The Task Force shall prescribe regulations for its management and government.

      3.  A majority of the members of the Task Force constitutes a quorum, and a quorum may exercise all the powers conferred on the Task Force.

      4.  The members of the Task Force serve at the pleasure of the Director.

      5.  The members of the Task Force serve without compensation.

      (Added to NRS by 2009, 1370; A 2011, 2067)

      NRS 701.510  Powers and duties.  The Task Force:

      1.  Shall advise the Director on measures to promote the development of renewable energy and energy efficiency projects in this State; and

      2.  May apply for any available grants and accept any gifts, grants or donations to assist the Task Force in carrying out its duties pursuant to this section.

      (Added to NRS by 2009, 1370; A 2011, 2067)

      NRS 701.515  Support and assistance to be provided by Director.  The Director shall provide the personnel, facilities, equipment and supplies required by the Task Force to carry out the provisions of NRS 701.500 to 701.515, inclusive.

      (Added to NRS by 2009, 1370; A 2011, 2067)

ACCOUNT FOR RENEWABLE ENERGY, ENERGY EFFICIENCY AND ENERGY CONSERVATION LOANS

      NRS 701.545  Definitions.  As used in NRS 701.545 to 701.595, inclusive, the words and terms defined in NRS 701.550 to 701.570, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2009, 2002; A 2011, 1769)

      NRS 701.550  “American Recovery and Reinvestment Act” defined.  “American Recovery and Reinvestment Act” means the American Recovery and Reinvestment Act of 2009, Public Law 111-5.

      (Added to NRS by 2009, 2002)

      NRS 701.555  “Construction” defined.  “Construction” means the erection, building, acquisition, alteration, remodeling, improvement or extension of a project and the inspection and supervision of such activities and includes, without limitation:

      1.  Any preliminary planning to determine the feasibility of a project;

      2.  Engineering, architectural, legal, environmental, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications or procedures that comply with the provisions of the American Recovery and Reinvestment Act and any regulations adopted pursuant thereto; and

      3.  Any other activities reasonably necessary to the completion of a project.

      (Added to NRS by 2009, 2002)

      NRS 701.557  “Energy conservation project” defined.  “Energy conservation project” means a project designed, intended or used to improve energy conservation or to reduce the wasteful, inefficient, unnecessary or uneconomical use of energy.

      (Added to NRS by 2011, 1769)

      NRS 701.558  “Energy efficiency project” defined.  “Energy efficiency project” means a project designed, intended or used to improve energy efficiency or to reduce the consumption of energy that is necessary to provide a certain product, function or service.

      (Added to NRS by 2011, 1769)

      NRS 701.560  “Federal grant” defined.  “Federal grant” means money authorized by the American Recovery and Reinvestment Act to:

      1.  Create a revolving loan fund to assist in the financing of the construction of renewable energy projects; or

      2.  Fund set-aside programs authorized by the American Recovery and Reinvestment Act.

      (Added to NRS by 2009, 2002)

      NRS 701.568  “Qualified applicant” defined.  “Qualified applicant” means a person or governmental entity engaged in:

      1.  The construction or operation of an energy conservation project;

      2.  The construction or operation of an energy efficiency project;

      3.  The construction, expansion or operation of a renewable energy system; or

      4.  The manufacturing of components of a renewable energy system.

      (Added to NRS by 2011, 1769)

      NRS 701.570  “Renewable energy system” defined.  “Renewable energy system” has the meaning ascribed to it in NRS 704.7815.

      (Added to NRS by 2009, 2002)

      NRS 701.575  Creation and administration of Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and Account for Set-Aside Programs; payment of claims; faith of State pledged.

      1.  The Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans is hereby created in the State General Fund. The Director shall administer the Account.

      2.  The account to fund activities, other than projects, authorized by the American Recovery and Reinvestment Act, to be known as the Account for Set-Aside Programs, is hereby created in the Fund for the Municipal Bond Bank.

      3.  The money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs may be used only for the purposes set forth in the American Recovery and Reinvestment Act.

      4.  All claims against the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs must be paid as other claims against the State are paid.

      5.  The faith of the State is hereby pledged that the money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs will not be used for purposes other than those authorized by the American Recovery and Reinvestment Act.

      (Added to NRS by 2009, 2002; A 2011, 452)

      NRS 701.580  Interest and income; deposits; acceptance of gifts, grants and bequests; use of money to benefit renewable energy systems limited.

      1.  The interest and income earned on money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs must be credited to the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs, respectively.

      2.  All payments of principal and interest on all loans made to a qualified applicant and all proceeds from the sale, refunding or prepayment of obligations of a qualified applicant acquired or loans made in carrying out the purposes of the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans must be deposited in the State Treasury for credit to the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans.

      3.  The Director may accept gifts, contributions, grants and bequests of money from any public or private source. The money so accepted must be deposited in the State Treasury for credit to the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans, or the Account for Set-Aside Programs, and can be used to provide money from the State to match the federal grant, as required by the American Recovery and Reinvestment Act.

      4.  Only federal money deposited in a separate subaccount of the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans, including repayments of principal and interest on loans made solely from federal money, and interest and income earned on federal money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans, may be used to benefit a qualified applicant who is not a governmental entity.

      (Added to NRS by 2009, 2002; A 2011, 1769)

      NRS 701.585  Powers and duties of Director; limitations.

      1.  The Director shall:

      (a) Use the money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs for the purposes set forth in the American Recovery and Reinvestment Act.

      (b) Determine whether a qualified applicant who receives money or other assistance from the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans or the Account for Set-Aside Programs complies with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.

      2.  The Director may:

      (a) Prepare and enter into required agreements with the Federal Government for the acceptance of grants of money for the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs.

      (b) Bind the Office of Energy to terms of the required agreements.

      (c) Accept grants made pursuant to the American Recovery and Reinvestment Act.

      (d) Manage the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs in accordance with the requirements and objectives of the American Recovery and Reinvestment Act.

      (e) Provide services relating to management and administration of the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs, including the preparation of any agreement, plan or report.

      (f) Perform, or cause to be performed by agencies or organizations through interagency agreement, contract or memorandum of understanding, set-aside programs pursuant to the American Recovery and Reinvestment Act.

      (g) Enter into agreements or cooperate with third parties to provide for enhanced leveraging of money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans, additional financing mechanisms or any other program or combination of programs for the purpose of expanding the scope of financial assistance available from the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans.

      3.  The Director shall not commit any money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans for expenditure for the purposes set forth in NRS 701.590 without obtaining the prior approval of the Legislature or the Interim Finance Committee if the Legislature is not in session.

      (Added to NRS by 2009, 2003; A 2011, 1770)

      NRS 701.590  Limitations on use of money; compliance with federal law.

      1.  Except as otherwise provided in subsection 6 and NRS 701.580, money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans, including repayments of principal and interest on loans, and interest and income earned on money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans, may be used only to make loans at a rate of not more than 3 percent to a qualified applicant for:

      (a) The construction of an energy conservation project;

      (b) The construction of an energy efficiency project;

      (c) The construction or expansion of a renewable energy system; or

      (d) The manufacturing of components of a renewable energy system.

      2.  Money in the Account for Set-Aside Programs may be used only to fund set-aside programs authorized by the American Recovery and Reinvestment Act. Money in the Account for Set-Aside Programs may be transferred to the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans pursuant to the American Recovery and Reinvestment Act.

      3.  A qualified applicant who requests a loan or other financial assistance must demonstrate that the qualified applicant has:

      (a) Complied with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto; or

      (b) Agreed to take actions that are needed to ensure that the qualified applicant has the capability to comply with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.

      4.  Money from the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans may not be given to a qualified applicant for the expansion of an existing renewable energy system unless the qualified applicant has the technical, managerial and financial capability to ensure compliance with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto. To receive such funding for the construction of a new renewable energy system, a qualified applicant must demonstrate that the qualified applicant has the technical, managerial and financial capability to ensure compliance with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.

      5.  The Director shall, before approving an applicant for financial assistance from the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans, consider whether the applicant has received or is eligible to receive from any other governmental entity any money or other financial incentive, including, without limitation, any grant, loan, tax credit or abatement of any tax for the purpose of financing in whole or in part the energy efficiency or energy conservation project of the applicant.

      6.  The Director may use the interest earned on money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the interest earned on loans made from the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans to defray, in whole or in part, the costs and expenses of administering the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and to carry out the purposes of NRS 701.545 to 701.595, inclusive.

      7.  The Director shall give preference to qualified applicants seeking funding or assistance from the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans for larger energy conservation projects, energy efficiency projects or renewable energy systems. The Director shall, by regulation, define “larger energy conservation projects, energy efficiency projects or renewable energy systems” for purposes of this section.

      (Added to NRS by 2009, 2003; A 2011, 1770)

      NRS 701.595  Regulations.  The Director may adopt such regulations as are necessary to carry out the provisions of NRS 701.545 to 701.595, inclusive.

      (Added to NRS by 2009, 2004; A 2011, 1771)

ENERGY DEVELOPMENT PROJECTS

      NRS 701.600  Applicability.  The provisions of NRS 701.610, 701.620 and 701.630 do not apply to a project that has a generating capacity of less than 10 megawatts.

      (Added to NRS by 2011, 2547)

      NRS 701.610  Notice of energy development project: Filing; form; contents; regulations.

      1.  Except as otherwise provided in NRS 701.600, a person who files an application with the Federal Government for a lease or easement for a right-of-way for an energy development project or an application with the Public Utilities Commission of Nevada or any county in this State relating to the construction of an energy development project shall, concurrently with the filing of the application, file a notice of the energy development project with the Department of Wildlife.

      2.  The notice required by subsection 1 must be provided to the Department of Wildlife in such form as the Department prescribes and contain:

             (a) A description of the location and the energy development project to be built thereon;

             (b) A description of the boundaries of the project and the estimated requirements for infrastructure of the project; and

             (c) The estimated energy output for the energy development project.

      3.  Within 30 days after a notice is filed pursuant to subsection 1, the Department of Wildlife shall provide a copy of the notice to the Office of Energy.

      4.  The Department of Wildlife shall, in consultation with the Office of Energy, adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:

      (a) Provisions setting forth the requirements for making reasonable deposits and reimbursing the Department of Wildlife for the actual costs, not to exceed $100,000, incurred by the Department for providing to the Federal Government, the Public Utilities Commission of Nevada, an applicant or any county in this State any information relating to any wildlife or wildlife habitat based on the location of the energy development project for which a notice is filed pursuant to subsection 1; and

      (b) Except as otherwise provided in subsection 5, any other requirements concerning the filing of a notice pursuant to subsection 1.

      5.  Any regulations adopted pursuant to subsection 4 must not require a person to reimburse any costs incurred by the Department of Wildlife for providing any information requested by the Federal Government, the Public Utilities Commission of Nevada or an applicant relating to an energy development project that was previously provided pursuant to paragraph (a) of subsection 4.

      (Added to NRS by 2011, 2547)

      NRS 701.620  Compilation of information; preparation and submission of certain reports.  The Department of Wildlife shall:

      1.  Compile and maintain detailed information concerning each energy development project for which notice is filed pursuant to NRS 701.610. The information must include, without limitation:

      (a) The location of the energy development project;

      (b) A description of the energy development project;

      (c) The estimated energy output of the energy development project; and

      (d) The amount charged for the reimbursement of costs for the energy development project in accordance with the regulations specified in subsection 4 of NRS 701.610.

      2.  Prepare a report:

      (a) Containing the information compiled pursuant to subsection 1; and

      (b) Setting forth the effect, if any, on the budget of the Department of Wildlife as a result of receiving the reimbursement of costs for providing information concerning energy development projects and the manner in which the total amount received for those costs was used by the Department.

      3.  On or before January 1 of each even-numbered year, submit the report required pursuant to subsection 2 to the Legislative Commission. On or before January 1 of each odd-numbered year, the Department of Wildlife shall submit the report required pursuant to subsection 2 to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.

      (Added to NRS by 2011, 2548)

      NRS 701.630  Creation and administration of Energy Planning and Conservation Account.

      1.  The Energy Planning and Conservation Account is hereby created in the State General Fund.

      2.  The Director of the Department of Wildlife may apply for and accept any gift, donation, bequest, grant or other source of money for use by the Account. Any money so received must be deposited in the Account.

      3.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Claims against the Account must be paid as other claims against the State are paid.

      4.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      5.  The Director of the Department of Wildlife shall administer the Account. The money in the Account must be used in accordance with the State Wildlife Action Plan and used by the Department:

      (a) To conduct surveys of wildlife;

      (b) To map locations of wildlife and wildlife habitat in this State;

      (c) To pay for conservation projects for wildlife and its habitat;

      (d) To match any federal money for a project or program for the conservation of any species of wildlife which is of critical concern; and

      (e) To coordinate carrying out the provisions of this subsection in cooperation with the Office of Energy.

      6.  The Department of Wildlife shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation, the criteria for projects for which the Department may use money from the Account.

      7.  As used in this section, “State Wildlife Action Plan” means a statewide plan prepared by the Department of Wildlife and approved by the United States Fish and Wildlife Service which sets forth provisions for the conservation of wildlife and wildlife habitat, including, without limitation, provisions for assisting in the prevention of any species of wildlife from becoming threatened or endangered.

      (Added to NRS by 2011, 2548; A 2013, 2766)

      NRS 701.640  Creation and administration of Account for the Recovery of Costs.

      1.  The Account for the Recovery of Costs is hereby created in the State General Fund.

      2.  All money collected by the Department of Wildlife in accordance with regulations adopted pursuant to NRS 701.610 must be deposited in the Account.

      3.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Claims against the Account must be paid as other claims against the State are paid.

      4.  The Director of the Department of Wildlife may apply for and accept any gift, donation, bequest, grant or other source of money for use by the Account. Any money so received must be deposited in the Account. If the Director of the Department of Wildlife receives any matching federal money which is credited to the Account pursuant to this subsection, the amount of money credited may be transferred to the Energy Planning and Conservation Account created by NRS 701.630.

      5.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      6.  The Director of the Department of Wildlife shall administer the Account. The money in the Account must be used by the Department of Wildlife solely:

      (a) To provide to the Federal Government, the Public Utilities Commission of Nevada or any person any information relating to wildlife or wildlife habitat based on the location of an energy development project; or

      (b) To match any federal money for a project or program for the conservation of any species of wildlife.

      (Added to NRS by 2011, 2549; A 2013, 2767)

RENEWABLE ENERGY PROJECTS ON INDIAN TRIBAL LANDS

      NRS 701.680  Waiver of tribal sovereign immunity allows state courts to exercise jurisdiction over actions and claims relating to renewable energy projects on Indian tribal lands.

      1.  A court of this State has jurisdiction pursuant to subsection 1 of NRS 14.065 with respect to any claim or action relating to a renewable energy project located upon Indian tribal land if:

      (a) The Indian tribe occupying the tribal land has a reservation of not less than 60,000 acres;

      (b) The Indian tribal land is located in a county whose population is 700,000 or more; and

      (c) The governing body of the Indian tribe has expressly waived its sovereign immunity with respect to such claim or action in a written agreement, contract or other instrument which expressly states that the terms of the agreement, contract or other instrument must be governed by the applicable laws of this State.

      2.  As used in this section, “renewable energy project” means a project for the construction or installation of a facility for the generation of renewable energy.

      (Added to NRS by 2013, 3504)