[Rev. 5/4/2013 2:53:43 PM]
[NAC-701 Revised Date: 7-11]
CONSERVATION OF ENERGY IN BUILDINGS
General Provisions
701.010 Definitions.
701.020 “Code” defined.
701.030 “Director” defined.
701.040 “Evaporative cooling” defined.
701.050 “Gross area of a roof assembly” defined.
701.060 “Manufactured home” defined.
701.070 “Mechanical cooling” defined.
701.080 “Mechanical ventilation” defined.
701.090 “Mobile home” defined.
701.100 “Occupancy” defined.
701.110 “Office” defined.
701.120 “Percent glazed opening” defined.
701.130 “Residential building” defined.
701.140 “Roof assembly” defined.
701.150 “Thermal insulation” defined.
701.160 “Thermal transfer value” defined.
701.170 “Uniform Building Code” defined.
701.180 Applicability of provisions.
701.190 Adoption by reference of Model Energy Code.
701.200 Severability.
701.210 Certification of plans prepared for building official.
701.220 Petition for variance.
701.230 Petition for adoption, filing, amendment or repeal of regulation.
701.240 Parameters for exterior design.
Design Based Upon Performance of Components
701.250 Adjustment of thermal transmittance value for masonry.
701.260 Insulation in crawl spaces.
701.270 Insulation of slab-on-grade floors.
701.280 Gain or loss of heat in building with air curtain at entrance.
701.290 Exemption from heating criteria for certain buildings.
701.300 Exemption from cooling criteria for certain buildings.
701.310 Use of new energy for control of temperature.
701.320 Exemption for swimming pool used for therapeutic purposes.
Design Based Upon Acceptable Practice
701.330 Insulation in crawl spaces.
701.340 Insulation of slab-on-grade floors.
701.350 Exemptions regarding swimming pools.
System Using Electric Resistance for Heating Spaces
701.360 Applicability of provisions.
701.370 Petition to install system.
701.380 Determination that system is supplementary; use of heat pump.
701.390 Consideration of feasible and economical alternatives.
FINANCING OF RENEWABLE ENERGY PROJECTS
701.600 Definitions.
701.605 “Account” defined.
701.610 “American Recovery and Reinvestment Act” defined.
701.615 “Construction” defined.
701.620 “Director” defined.
701.625 “Disadvantaged community” defined.
701.630 “Net metering system” defined.
701.635 “Person” defined.
701.640 “Project” defined.
701.645 “Public entity” defined.
701.650 “Renewable energy” defined.
701.655 “Renewable energy system” defined.
701.660 Purpose of Account.
701.665 Contracts for certain expert services.
701.670 Eligibility for loans and financing from Account.
701.675 Applications for financing of renewable energy projects.
701.680 Review of applications; denial.
701.685 Evaluation and ranking of eligible applicants: Criteria; approval by Interim Finance Committee.
701.690 Loan agreements: Offers; requirements; terms; interest rate.
701.695 Recordkeeping and accounting requirements for recipients of loans.
701.700 Audit.
CONSERVATION OF ENERGY IN BUILDINGS
General Provisions
NAC 701.010 Definitions. (NRS 701.220) As used in NAC 701.010 to 701.390, inclusive, unless the context otherwise requires, the words and terms defined in NAC 701.020 to 701.170, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.010)
NAC 701.020 “Code” defined. (NRS 701.220) “Code” means the 1986 edition of the Model Energy Code, as adopted by the Council of American Building Officials.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.020)
NAC 701.030 “Director” defined. (NRS 701.220) “Director” means the Director of the Office.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.030)
NAC 701.040 “Evaporative cooling” defined. (NRS 701.220) “Evaporative cooling” means the adiabatic exchange of heat between air and a water spray or wetted surface.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.040)
NAC 701.050 “Gross area of a roof assembly” defined. (NRS 701.220)
1. Except as otherwise provided in subsection 2, “gross area of a roof assembly” means the total interior surface of the roof assembly, including any skylight exposed to a space which is heated or mechanically cooled.
2. If a return air ceiling plenum is used, “gross area of a roof assembly” is the area of the interior face of the upper plenum surface.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.050)
NAC 701.060 “Manufactured home” defined. (NRS 701.220) “Manufactured home” has the meaning ascribed to it in NRS 489.113.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.060)
NAC 701.070 “Mechanical cooling” defined. (NRS 701.220) “Mechanical cooling” means cooling accomplished by the expenditure of energy. The term does not include:
1. Evaporative cooling; or
2. Natural or mechanical ventilation using outdoor air.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.070)
NAC 701.080 “Mechanical ventilation” defined. (NRS 701.220) “Mechanical ventilation” means the process of supplying or removing conditioned or unconditioned air, by mechanical means, to or from any space.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.080)
NAC 701.090 “Mobile home” defined. (NRS 701.220) “Mobile home” has the meaning ascribed to it in NRS 489.120.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.090)
NAC 701.100 “Occupancy” defined. (NRS 701.220) “Occupancy” means the purpose for which a building or part of a building is used or intended to be used.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.100)
NAC 701.110 “Office” defined. (NRS 701.220) “Office” means the Office of Energy.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.110)
NAC 701.120 “Percent glazed opening” defined. (NRS 701.220) “Percent glazed opening” means the percentage of the gross vertical exterior wall and roof areas consisting of glazing or glass, including glazing or glass used in any window, door, skylight or other opening.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.120)
NAC 701.130 “Residential building” defined. (NRS 701.220) “Residential building” means any hotel, apartment, house, convent, monastery, dwelling, condominium or other building within occupancy group “R” as set forth in the Uniform Building Code.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.130)
NAC 701.140 “Roof assembly” defined. (NRS 701.220)
1. Except as otherwise provided in subsection 2, “roof assembly” means the components of the roof/ceiling envelope through which heat flows, creating a building transmission heat loss or gain, if the components are exposed to outdoor air and enclose a space which is heated or mechanically cooled.
2. If a return air ceiling plenum is used, “roof assembly” does not include the ceiling proper or the plenum space.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.140)
NAC 701.150 “Thermal insulation” defined. (NRS 701.220) “Thermal insulation” means a material or combination of materials which retards the flow of heat energy.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.150)
NAC 701.160 “Thermal transfer value” defined. (NRS 701.220) “Thermal transfer value” means the quantity of heat, expressed in British thermal units per hour, transferred through a square foot of building surface under a particular set of interior and exterior design conditions.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.160)
NAC 701.170 “Uniform Building Code” defined. (NRS 701.220) “Uniform Building Code” means the current edition of the Uniform Building Code, as adopted by the International Conference of Building Officials. A copy of the Uniform Building Code may be purchased from the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, for $50.75. A copy of those provisions of the Uniform Building Code referred to in NAC 701.010 to 701.390, inclusive, is available for public inspection and may be obtained from the Office at 727 Fairview Drive, Suite F, Carson City, Nevada 89701.
(Added to NAC by Office of Community Services, eff. 7-8-88)
NAC 701.180 Applicability of provisions. (NRS 701.220)
1. Except as otherwise provided in NAC 701.010 to 701.390, inclusive, and in subsection 4 of NRS 701.220, the design of any new building or any addition to an existing building must conform to the standards for the conservation of energy set forth in NAC 701.010 to 701.390, inclusive, if:
(a) The building or addition is used or to be used for public assembly, educational, business, mercantile, institutional, storage or residential purposes; and
(b) Construction of the building or addition begins on or after July 8, 1988. For the purposes of this paragraph, construction begins on the date a fee is paid for the issuance of a building permit.
2. The provisions of NAC 701.010 to 701.390, inclusive, do not apply to any:
(a) Mobile home;
(b) Manufactured home;
(c) Greenhouse;
(d) Pump house; or
(e) Building or portion of a building which is not heated or cooled by any system of heating or mechanical cooling involving the expenditure of electrical energy or energy derived from fossil fuel.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.180)
NAC 701.190 Adoption by reference of Model Energy Code. (NRS 701.220)
1. Except as they are inconsistent with the provisions of NAC 701.010 to 701.390, inclusive, and except as otherwise provided in this section, the provisions of the Code are hereby adopted by reference. A copy of the Code may be purchased from the Council of American Building Officials, 5203 Leesburg Pike, Falls Church, Virginia 22041, for $4.
2. The provisions of the current edition or version of each standard described in section 701.1 of the Code are hereby adopted by reference.
3. Sections 101.3.1.2, 302.1, 303.1, 502.1.2, 504.5.2 and 505.3.4.2 of the Code are not adopted by reference.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.190)
NAC 701.200 Severability. (NRS 701.220) If any provision of NAC 701.010 to 701.390, inclusive, or its application to any person, thing or circumstance is held to be invalid, it is intended that the invalidity not affect the other provisions of NAC 701.010 to 701.390, inclusive, to the extent that they can be given effect.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.200)
NAC 701.210 Certification of plans prepared for building official. (NRS 701.220) Plans prepared for the building official must bear a certificate, signed by the architect, professional engineer, contractor, designer or building owner responsible for the preparation of the plans, stating that he or she has reviewed the provisions of NAC 701.010 to 701.390, inclusive, and that the plans conform to the requirements of NAC 701.010 to 701.390, inclusive.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.210)
NAC 701.220 Petition for variance. (NRS 701.220)
1. Any person otherwise subject to the provisions of NAC 701.010 to 701.390, inclusive, may submit a petition to the building official for a variance from the application of those provisions to the construction of a building.
2. A petition submitted pursuant to subsection 1 must:
(a) Be in writing;
(b) Contain the name and address of the petitioner; and
(c) Set forth in short and plain terms the basis for the petition, together with any supporting information.
3. Upon receiving the petition, the building official shall review it and forward it, with his or her comments and recommendations, to the Office.
4. The Office will review the petition and will render a decision on its merits within 30 days after it is received by the Office. A formal or informal hearing may be held on the petition. Notice of the disposition of the petition must be given, in writing, to the petitioner at the address set forth in the petition.
5. Any petitioner aggrieved by the disposition of the petition may appeal to the Director by submitting a written request for a hearing on the matter. The request must be received by the Office within 15 days after the date the notice of disposition is mailed to the petitioner pursuant to subsection 4.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.220)
NAC 701.230 Petition for adoption, filing, amendment or repeal of regulation. (NRS 701.220)
1. Any person who requests the adoption, filing, amendment or repeal of any provision of NAC 701.010 to 701.390, inclusive, pursuant to NRS 233B.100 must submit to the Office a petition in writing setting forth the request. Three copies of the petition must be filed.
2. A petition submitted pursuant to subsection 1 must:
(a) Contain the name and address of the petitioner; and
(b) Set forth in short and plain terms the action requested of the Office and the basis for the petition, together with any supporting information.
3. The Office may hold a formal or informal hearing on the petition.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.230)
NAC 701.240 Parameters for exterior design. (NRS 701.220)
1. The thermal design requirements of the building envelope and the design of the heating, ventilating and air-conditioning system must be based on the following exterior design parameters for the location of the building:
|
|
Winter |
Summer °F |
|
|
||
|
|
Design |
Design |
Design |
Heating |
North Latitude |
|
|
|
Dry-bulb °F |
Dry-bulb |
Wet bulb |
Degree Days |
Degrees |
Minutes |
|
|
|
|
|
|
|
|
|
Carson City |
9 |
91 |
61 |
5766 |
39 |
9 |
|
Elko |
-2 |
92 |
62 |
7248 |
40 |
50 |
|
Ely |
-4 |
87 |
59 |
7700 |
39 |
17 |
|
Las Vegas |
28 |
106 |
70 |
2532 |
36 |
5 |
|
Lovelock |
12 |
96 |
65 |
5836 |
40 |
4 |
|
Reno (Airport) |
10 |
92 |
62 |
6030 |
39 |
30 |
|
Reno (Downtown) |
11 |
93 |
62 |
6030 |
39 |
30 |
|
Tonopah |
10 |
92 |
62 |
5753 |
38 |
4 |
|
Winnemucca |
3 |
94 |
62 |
6409 |
40 |
54 |
2. If the building is not at a location specified in subsection 1, the exterior design parameters for the nearest specified location with similar climatic conditions must be applied.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.240)
Design Based Upon Performance of Components
NAC 701.250 Adjustment of thermal transmittance value for masonry. (NRS 701.220) For the purposes of the heating criteria set forth in section 502 of the Code, in determining the overall thermal transmittance value of masonry wall construction, its thermal transmittance value may be adjusted according to a mass correction factor. This factor must be calculated according to the weight of the masonry used in the construction and the number of Fahrenheit heating degree days in the location:
|
Weight of Masonry Wall Construction lbs./sq. ft. |
Mass Correction Factor 3500 Degree Days or Less |
Mass Correction Factor More than 3500 Degree Days |
|
|
|
|
|
0-25...................................... |
1.000 |
1.000 |
|
26-40...................................... |
.850 |
.880 |
|
41-80...................................... |
.750 |
.791 |
|
81 and above.......................... |
.650 |
.775 |
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.250)
NAC 701.260 Insulation in crawl spaces. (NRS 701.220) In any building governed by section 502 of the Code:
1. Notwithstanding any provision of section 503.9, 503.11 or 504.7 of the Code, insulation of duct work or piping in unheated crawl spaces is not required if the requirements of subsection 3 of this section are met.
2. Notwithstanding any provision of section 502.2.1.3 or 502.3.1.3 of the Code, insulation of floors of heated spaces over unheated crawl spaces is not required if:
(a) Duct work and piping in the unheated spaces is uninsulated; and
(b) The requirements of subsection 3 are met.
3. Foundation walls enclosing unheated crawl spaces containing uninsulated duct work or piping must provide a thermal resistance at least equal to that required by section 502.2.1.5 of the Code. Any insulation used must extend from the bottom of the floor sheathing to the top of the footing. Any vent supplied to the crawl space must be of the closeable type.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.260)
NAC 701.270 Insulation of slab-on-grade floors. (NRS 701.220) For the purposes of the heating criteria for slab-on-grade floors set forth in sections 502.2.1.4 and 502.3.1.4 of the Code, insulation is not required for a heated slab in any location having less than 3,000 Fahrenheit heating degree days.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.270)
NAC 701.280 Gain or loss of heat in building with air curtain at entrance. (NRS 701.220)
1. In any building governed by section 502.3 of the Code and having an air curtain entrance, the total heat gain or loss of the building, whichever is greater, calculated as provided in subsections 2 and 3, must not exceed the total heat gain or loss calculated as provided in subsection 4.
2. Heat gain resulting from the air curtain entrance, expressed in British thermal units per hour, must be included in the total calculated heat gain for the building by multiplying 10,000 by a number equal to the width of the curtain in linear feet.
3. Heat loss resulting from the air curtain entrance, expressed in British thermal units per hour, must be included in the total calculated heat loss for the building by multiplying 30,000 by a number equal to the width of the curtain in linear feet.
4. The total heat gain or loss for the building without an air curtain entrance must be calculated by replacing the area of the air curtain with gross wall having an overall thermal transmittance value conforming to that required for the building by sections 502.3.1.1 and 502.3.2.1 of the Code.
5. In making the calculations of heat gain and loss required by this section, heat gains or losses resulting from ducts, piping or infiltration need not be considered.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.280)
NAC 701.290 Exemption from heating criteria for certain buildings. (NRS 701.220)
1. Except as otherwise provided in subsection 3 of this section, in a building otherwise governed by section 502.3.1 of the Code, compliance with the heating criteria set forth in that section is not required if:
(a) The building is heated but not cooled;
(b) The building is heated primarily for the purpose of maintaining an inside temperature above freezing; and
(c) The total calculated heat loss for the building, at an inside design temperature of 42 degrees Fahrenheit, does not exceed the total calculated heat loss for that building, constructed in conformity with those criteria:
(1) At an inside design temperature of 72 degrees Fahrenheit; and
(2) At the outside winter design temperature for the building, as determined in accordance with NAC 701.240.
2. In making the calculations of heat loss required by subsection 1, heat losses from ducts, piping or infiltration need not be considered.
3. In a building otherwise meeting the requirements of subsection 1, compliance with the heating criteria set forth in section 502.3.1 of the Code is required for any space within the building which is heated primarily for a purpose other than that specified in paragraph (b) of subsection 1.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.290)
NAC 701.300 Exemption from cooling criteria for certain buildings. (NRS 701.220) In a building otherwise governed by section 502.3.2 of the Code, compliance with the cooling criteria set forth in that section is not required for any building or portion of a building cooled by evaporative cooling.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.300)
NAC 701.310 Use of new energy for control of temperature. (NRS 701.220) If new energy is used for temperature control as provided in section 503.3.3 of the Code:
1. Exterior and interior zones of a constant volume reheat system must not be served by a cooling coil if more than 20 percent of the quantity of air passing through the cooling coil is used to serve exterior zones.
2. Consideration must be given to the use of recovery systems for the conservation of energy if the amount of energy expended is less than the amount of energy recovered, giving consideration to the energy transfer potential and operating hours of the system for temperature control.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.310)
NAC 701.320 Exemption for swimming pool used for therapeutic purposes. (NRS 701.220) A swimming pool otherwise subject to the provisions of section 504.5.1 of the Code is exempt from those provisions if it is used for therapeutic purposes and the exemption is approved by the building official.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.320)
Design Based Upon Acceptable Practice
NAC 701.330 Insulation in crawl spaces. (NRS 701.220) In any building governed by section 602 or 603 of the Code:
1. Notwithstanding any provision of section 603.4, 603.5 or 604.3 of the Code, insulation of duct work or piping in unheated crawl spaces is not required if the requirements of subsection 3 of this section are met.
2. Notwithstanding any provision of section 602.2.3 of the Code, insulation of floors of heated spaces over unheated crawl spaces is not required if:
(a) Duct work and piping in the unheated spaces is uninsulated; and
(b) The requirements of subsection 3 are met.
3. Foundation walls enclosing unheated crawl spaces containing uninsulated duct work or piping must provide a thermal resistance at least equal to that required by section 602.2.5 of the Code. Any insulation used must extend from the bottom of the floor sheathing to the top of the footing. Any vent supplied to the crawl space must be of the closeable type.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.330)
NAC 701.340 Insulation of slab-on-grade floors. (NRS 701.220) For the purposes of the heating criteria for slab-on-grade floors set forth in section 602.2.4 of the Code, insulation is not required for a heated slab in any location having less than 3,000 Fahrenheit heating degree days.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.340)
NAC 701.350 Exemptions regarding swimming pools. (NRS 701.220)
1. A swimming pool otherwise subject to the provisions of section 604.1.2.3 of the Code is exempt from those provisions if it is used for therapeutic purposes and the exemption is approved by the building official.
2. Notwithstanding the provisions of section 604.1.2.3, a pool cover is not required on a heated swimming pool.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.350)
System Using Electric Resistance for Heating Spaces
NAC 701.360 Applicability of provisions. (NRS 701.220) NAC 701.360 to 701.390, inclusive, apply to any building:
1. Located in a county whose population is 100,000 or more; and
2. Constructed on or after October 1, 1983. For the purposes of this subsection, a building is constructed on the date a fee is paid for the issuance of a building permit.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.360)
NAC 701.370 Petition to install system. (NRS 701.220)
1. A person who intends to install a system using electric resistance for heating spaces in a building subject to the provisions of NAC 701.360 to 701.390, inclusive, must first submit a petition to the building official as provided by NAC 701.220. The petition will be reviewed and disposed of by the Office in the manner provided by that section.
2. A petition submitted pursuant to subsection 1 must include any documents or calculations relied upon by the petitioner to justify the use of the system under the provisions of NRS 701.230.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.370)
NAC 701.380 Determination that system is supplementary; use of heat pump. (NRS 701.220)
1. For the purposes of paragraph (a) of subsection 1 of NRS 701.230, a system using electric resistance for heating spaces is “supplementary to another means of heating” if it is designed or used to provide not more than 25 percent of the total calculated design hourly heat loss for the building.
2. If the primary means of heating is an electric heat pump, the maximum allowed installed supplemental heat strip capacity must not exceed the minimum capacity specified or recommended by the manufacturer of the heat pump or by the engineer responsible for the design of the application.
3. Nothing in this section shall be construed to prohibit the use of any heat pump having a coefficient of performance at least equal to that required by section 503.4.2 of the Code.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.380)
NAC 701.390 Consideration of feasible and economical alternatives. (NRS 701.220)
1. A person who intends to install a system using electric resistance for heating spaces, in determining whether any means of heating:
(a) Is a feasible alternative to heating by electric resistance, shall consider any system which uses current technology and is commercially available.
(b) Is an economical alternative to heating by electric resistance, shall consider the capital, operational and fuel costs of each system during its life cycle.
2. The Office will not approve a petition submitted pursuant to NAC 701.370 if the costs referred to in paragraph (b) of subsection 1 are, for the proposed system of heating by electric resistance, greater than or equal to those for any feasible alternative.
(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.390)
FINANCING OF RENEWABLE ENERGY PROJECTS
NAC 701.600 Definitions. (NRS 701.595) As used in NAC 701.600 to 701.700, inclusive, the words and terms defined in NAC 701.605 to 701.655, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.605 “Account” defined. (NRS 701.595) “Account” means the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans created by NRS 701.575.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.610 “American Recovery and Reinvestment Act” defined. (NRS 701.595) “American Recovery and Reinvestment Act” means the American Recovery and Reinvestment Act of 2009, Public Law 111-5.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.615 “Construction” defined. (NRS 701.595) “Construction” has the meaning ascribed to it in NRS 701.555.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.620 “Director” defined. (NRS 701.595) “Director” means the Director of the Office of Energy.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.625 “Disadvantaged community” defined. (NRS 701.595) “Disadvantaged community” means a county, city or defined service area in which the median household income is less than 80 percent of the statewide median household income, as determined by the most recent data from the United States Census Bureau or by income surveys.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.630 “Net metering system” defined. (NRS 701.595) “Net metering system” has the meaning ascribed to it in NRS 704.771.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.635 “Person” defined. (NRS 701.595) “Person” includes a public entity.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.640 “Project” defined. (NRS 701.595) “Project” means the planning, design and construction of a renewable energy system.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.645 “Public entity” defined. (NRS 701.595) “Public entity” means a department, agency or instrumentality of the State or any of its political subdivisions.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.650 “Renewable energy” defined. (NRS 701.595) “Renewable energy” has the meaning ascribed to it in NRS 704.7811.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.655 “Renewable energy system” defined. (NRS 701.595) “Renewable energy system” has the meaning ascribed to it in NRS 701.570.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.660 Purpose of Account. (NRS 701.595) In accordance with the provisions of the American Recovery and Reinvestment Act, the purpose of the Account is to provide below-market-rate financing, at an interest rate not to exceed 3 percent, for projects that develop or expand renewable energy systems in this State.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.665 Contracts for certain expert services. (NRS 701.595) The Director will, to the extent money is available for such purposes, enter into contracts to procure such expert technical and financial management services or other services as the Director determines are necessary to carry out the provisions of NAC 701.600 to 701.700, inclusive.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.670 Eligibility for loans and financing from Account. (NRS 701.595)
1. Except as otherwise provided in this section, the following persons may apply for loans from the Account:
(a) An owner of an existing renewable energy system in this State; or
(b) A person seeking to construct a new renewable energy system in this State.
2. To be eligible for financing from the Account, a project must:
(a) Use reliable, proven technology; and
(b) Include the expansion of an existing renewable energy system to increase its electrical generating capacity or the construction of a new renewable energy system.
3. The following projects and activities are not eligible for financing from the Account:
(a) Research or general planning;
(b) Refinancing of existing debt;
(c) Purchase of land or water rights; or
(d) Operation and maintenance.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.675 Applications for financing of renewable energy projects. (NRS 701.595)
1. The Director will solicit applications for the financing of renewable energy projects. The solicitations will be made available to interested parties and posted on the Internet website of the Office of Energy at http://energy.state.nv.us. The solicitations will specify the amount of financing available and may specify an allocation of financing to categories of applicants, such as natural persons, schools, public entities and small businesses. The solicitations will specify the minimum and maximum amounts of individual loans within each category.
2. Each application for financing through the Account must be submitted on a form prescribed by the Director and must include:
(a) The name, address and telephone number of the applicant or the legal representative of the applicant.
(b) A narrative description of the proposed project, including, without limitation, a complete description of the renewable energy system and the capacity of the system.
(c) An estimate of the time required to recover the project cost from energy cost savings, if the project is replacing the use of fossil fuels.
(d) An estimate of the amount of reduction in emission of greenhouse gases, if the project is replacing the use of fossil fuels.
(e) An estimate of the number of jobs that will be created or retained as a result of the project.
(f) Maps of appropriate scale to show clearly the location of the proposed project with respect to other identifiable topographical or geographical features in the area of the project.
(g) A complete and legible legal description of the location of the project.
(h) Proof of ownership, rights-of-way, easements or agreements showing that the applicant holds or is able to acquire all land, other than public land, or acquire interests therein and any water rights necessary for the construction of the proposed project.
(i) A description of how the project complies with all applicable planning and zoning requirements.
(j) An itemized estimate of the total cost of the project and the amount of financing requested. If an estimate of the total cost of the project has been prepared by a professional engineer, the application must include a copy of that estimate.
(k) A statement of any other anticipated sources of funding for the project from this State, another state, a federal agency or any other entity.
(l) If the applicant is a public entity, the median household income for the community or area that will be served by the project or for the city or county in which the project is located, including, without limitation, the source of that information.
(m) A preliminary project schedule that, as applicable, provides a timetable for the:
(1) Advertising and opening of bids for the project;
(2) Start of the construction phase of the project;
(3) Estimated schedule of progress payments to the contractor and other costs related to the drawdown of money;
(4) Completion of the construction phase of the project; and
(5) Initiation of the operation of the project.
(n) Information sufficient to demonstrate the means by which any loan made by the Director from the Account will be repaid. If the applicant is a public entity, this information must include, as applicable, orders or resolutions specifying the method of loan repayment from the appropriate governing board, regulatory agency or local governing body and copies of current capital improvement plans and debt management policies as provided to the Department of Taxation pursuant to chapter 350 of NRS and any applicable regulations. If the applicant is not a public entity, the applicant shall provide:
(1) Annual financial statements for the 3 years immediately preceding the application;
(2) At least three credit references; and
(3) Any other information required by the Director to demonstrate the means by which the applicant intends to repay the loan.
(o) Institutional and management arrangements required for successful implementation of the project.
(p) A report on the status of the process of environmental review for the project, if applicable.
(q) A list of any required permits and a schedule of when those permits will be obtained.
(r) Security for the loan, as required by the Director.
(s) Any other information the Director determines is necessary.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.680 Review of applications; denial. (NRS 701.595)
1. The Director will review each application submitted pursuant to NAC 701.675 for completeness. An application that is incomplete will be returned to the applicant and may be resubmitted within 30 days. The Director will deny the application if the applicant fails to submit a complete application within 30 days after the incomplete application is returned to the applicant. The Director will deny an application if the Director determines that:
(a) The project or applicant does not meet the eligibility requirements set forth in NAC 701.670;
(b) The project is not feasible;
(c) The applicant is unable to provide necessary collateral to secure the loan; or
(d) The applicant lacks the technical, managerial or financial capability to carry out the project and repay the loan.
2. If the Director denies an application, the Director will provide written notice to the applicant of the denial of the application and the reason for the denial.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.685 Evaluation and ranking of eligible applicants: Criteria; approval by Interim Finance Committee. (NRS 701.595)
1. The Director will evaluate and rank each eligible applicant within each category established by the Director, based on the following criteria:
(a) Job creation as a result of the project, if the project is to be financed with money awarded pursuant to the American Reinvestment and Recovery Act;
(b) Renewable energy generation relative to the cost of the project;
(c) Reduction of the use of fossil fuels and the emission of greenhouse gases;
(d) Leveraging of additional financial resources; and
(e) Readiness of the project to proceed and be constructed within prescribed time frames.
2. The Director will present the ranking of eligible projects to the Interim Finance Committee for approval. Upon approval by the Interim Finance Committee, the Director will make the ranking of eligible projects available to the public and will post the ranking on the Internet website of the Office of Energy at http://energy.state.nv.us.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.690 Loan agreements: Offers; requirements; terms; interest rate. (NRS 701.595)
1. The Director will offer loan agreements to the applicants with the highest ranked projects within each category until money available from the Account is fully committed. If the rankings of projects within a category are tied, money will be allocated in the order that the applications were received.
2. Each loan agreement must be:
(a) On a form provided by the Director; and
(b) Executed by all parties before the commencement of construction of the project.
3. The term of a loan agreement will be determined by the Director but will not exceed 15 years.
4. The interest rate for all loan projects will be set by the Director, but will not exceed 3 percent. The Director may offer a lower interest rate to a public entity if the project is located in a disadvantaged community.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.695 Recordkeeping and accounting requirements for recipients of loans. (NRS 701.595) Each recipient of a loan from the Account shall:
1. Establish an official file for the project. The file must contain an adequate record of all significant actions relating to the project.
2. Establish accounts that accurately and adequately show all amounts of money:
(a) Received as financial assistance from the Account;
(b) Received and spent on the project; and
(c) Received as income from the project.
3. Establish a system of accounting which ensures that the final total costs of the project, including all direct and indirect costs, are recorded accurately.
4. Establish and maintain such other accounts and records as are required by the Director to comply with requirements for reporting established by the Federal Government.
5. Retain all records relating to the project for at least 3 years after final repayment of financial assistance has been made or for any longer period required by the Director.
6. Make any records relating to the project available at any reasonable time for inspection or copying by any authorized representative of the Director.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)
NAC 701.700 Audit. (NRS 701.595)
1. If an audit is required by federal law or by an agency of the Federal Government, or if the Director determines that an audit is necessary to ensure the integrity of the Account, the Director may require that an audit be performed of financial records relating to a project.
2. Any audit required pursuant to this section must be performed at the expense of the recipient by a certified public accountant who is independent of the recipient.
3. A report of the audit must be prepared by the auditor in the form prescribed by the Director.
(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)