Link to Page 1324

 

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ê2009 Statutes of Nevada, Page 1325ê

 

CHAPTER 309, AB 414

Assembly Bill No. 414–Assemblymen Claborn; Atkinson, Bobzien, Hambrick, Hogan, Leslie, Manendo, McClain, Mortenson and Stewart

 

CHAPTER 309

 

AN ACT relating to air pollution; providing for a voluntary program of electronic submission of emissions information to the Department of Motor Vehicles through the use of onboard diagnostic and transmission equipment; providing for the establishment of standards for emissions from a reconstructed vehicle; revising provisions for the establishment of standards for emissions from a trimobile; revising provisions relating to the emissions inspections of certain heavy-duty diesel vehicles by the Department; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the State Environmental Commission must provide for a compulsory inspection program for the control of emissions of certain motor vehicles in counties whose population is 100,000 or more (currently Clark and Washoe Counties). (NRS 445B.770, 445B.798) Existing law further authorizes the Department of Motor Vehicles to license inspection stations which are authorized to inspect devices for the control of emissions for motor vehicles in those counties. (NRS 445B.770, 445B.785) Section 1 of this bill authorizes the Commission, in cooperation with the Department, in counties whose population is 100,000 or more, to establish a voluntary program whereby vehicle owners could submit emissions information to the Department electronically from onboard diagnostic equipment that is available on certain vehicles, as an alternative to bringing the vehicle to an inspection station.

      Existing law authorizes the Commission to prescribe standards for exhaust emissions from various vehicles with internal combustion engines. (NRS 445B.760) Section 3 of this bill revises the application of those standards, exempting trimobiles from emissions standards if they meet the federal definition of a motorcycle and requiring both trimobiles that do not meet the federal definition of a motorcycle and reconstructed vehicles to meet the emissions standards that were in effect in the year in which the engine of the trimobile or reconstructed vehicle was built.

      Under existing law, the Commission must establish a program for the regulation of emissions by inspection of heavy-duty motor vehicles that weigh more than 10,000 pounds. (NRS 445B.780) Section 4 of this bill revises that minimum weight limit to 14,000 pounds. In counties whose population is 100,000 or more, existing law also requires the owner of a heavy-duty motor vehicle that does not weigh more than 10,000 pounds to provide evidence of compliance with emissions standards upon registration or reregistration. (NRS 445B.795, 445B.815) Sections 5 and 6 of this bill revise those provisions to require such evidence of compliance for a heavy-duty motor vehicle that is powered by diesel fuel only if the vehicle does not exceed 14,000 pounds and to require such evidence of compliance for every heavy-duty motor vehicle that uses fuel other than diesel fuel.

 


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ê2009 Statutes of Nevada, Page 1326 (Chapter 309, AB 414)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 445B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In any county whose population is 100,000 or more, the Commission may, in cooperation with the Department of Motor Vehicles and any local air pollution control agency, adopt regulations to establish a voluntary program of electronic monitoring of emission information, from vehicles equipped with onboard diagnostic equipment that permits such monitoring, for the purposes of compliance with this chapter.

      2.  The Department of Motor Vehicles shall charge an annual fee of $6 for each vehicle electronically monitored pursuant to subsection 1. Fees collected by the Department pursuant to this section must be accounted for in the Pollution Control Account created by NRS 445B.830.

      Sec. 2.  NRS 445B.700 is hereby amended to read as follows:

      445B.700  As used in NRS 445B.700 to 445B.845, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.758, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 445B.760 is hereby amended to read as follows:

      445B.760  1.  The [State Environmental] Commission may by regulation prescribe standards for exhaust emissions, fuel evaporative emissions and visible emissions of smoke from mobile internal combustion engines on the ground or in the air, including, but not limited to, aircraft, motor vehicles, snowmobiles and railroad locomotives. The regulations must:

      (a) Provide for the exemption from such standards of restored vehicles for which special license plates have been issued pursuant to NRS 482.381, 482.3812, 482.3814 or 482.3816.

      (b) Establish criteria for the condition and functioning of a restored vehicle to qualify for the exemption, and provide that the evaluation of the condition and functioning of such a vehicle may be conducted at an authorized inspection station or authorized station as defined in NRS 445B.710 and 445B.720, respectively.

      (c) Define “restored vehicle” for the purposes of the regulations.

      2.  [Standards] Except as otherwise provided in subsection 3, standards for exhaust emissions which apply to a [trimobile] :

      (a) Reconstructed vehicle, as defined in NRS 482.100; and

      (b) Trimobile, as defined in NRS 482.129,

Ê must be based on standards which were in effect in the year in which the engine of the [trimobile] vehicle was built.

      3.  A trimobile that meets the definition of a motorcycle in 40 C.F.R. § 86.402-78 or 86.402-98, as applicable, is not subject to emissions standards under this chapter.

      4.  Any such standards which pertain to motor vehicles must be approved by the Department of Motor Vehicles before they are adopted by the Commission.

      Sec. 4.  NRS 445B.780 is hereby amended to read as follows:

      445B.780  1.  The Commission shall, by regulation, establish a program for the regulation of smoke and other emissions by inspection of heavy-duty motor vehicles that are powered by diesel fuel or motor vehicle fuel.

 


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ê2009 Statutes of Nevada, Page 1327 (Chapter 309, AB 414)ê

 

      2.  The Commission shall adopt regulations concerning:

      (a) The equipment used to measure smoke and other emissions of heavy-duty motor vehicles.

      (b) The granting of a waiver if compliance involves repair and equipment costs which exceed the limits established by the Commission. The Commission shall establish the limits in a manner which avoids unnecessary financial hardship to owners of heavy-duty motor vehicles.

      3.  As used in this section, “heavy-duty motor vehicle” means a motor vehicle that has a manufacturer’s gross vehicle weight rating of [10,001] 14,001 pounds or more. The term does not include a passenger car.

      Sec. 5.  NRS 445B.795 is hereby amended to read as follows:

      445B.795  The authority set forth in NRS 445B.770 providing for a compulsory inspection program is limited as follows:

      1.  In a county whose population is 100,000 or more, the following categories of motor vehicles which are powered by motor vehicle fuel or special fuel and require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration:

      (a) All passenger cars;

      (b) Light-duty motor vehicles; [and]

      (c) Heavy-duty motor vehicles [having] that are powered by diesel fuel and have a manufacturer’s gross vehicle weight rating which does not exceed [10,000] 14,000 pounds [.] ; and

      (d) Heavy-duty motor vehicles that are powered by motor vehicle fuel or special fuel, excluding diesel fuel.

      2.  In areas which have been designated by the Commission for inspection programs and which are located in counties whose populations are 100,000 or more, all used motor vehicles which require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration.

      3.  In designated areas in other counties where the Commission puts a program into effect, all used motor vehicles which require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of compliance upon registration or reregistration.

      4.  The board of county commissioners of a county containing a designated area may revise its program for the designated area after receiving the approval of the Commission.

      5.  Before carrying out the inspections of vehicles required pursuant to the regulations adopted by the Commission pursuant to NRS 445B.770, the Commission shall, by regulation, adopt testing procedures and standards for emissions for those vehicles.

      Sec. 6.  NRS 445B.815 is hereby amended to read as follows:

      445B.815  1.  Except as otherwise provided in subsection 2, persons employed at branch offices of the Department of Motor Vehicles and the offices of county assessors who are acting as agents of the Department in the collection of fees for registration, shall not register:

      (a) A passenger car or light-duty motor vehicle which:

            (1) Uses motor vehicle fuel or special fuel;

            (2) Is based in a county whose population is 100,000 or more; and

            (3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770;

 


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ê2009 Statutes of Nevada, Page 1328 (Chapter 309, AB 414)ê

 

      (b) A heavy-duty motor vehicle having a manufacturer’s gross vehicle weight rating which does not exceed [10,000] 14,000 pounds, that:

            (1) Uses [motor vehicle fuel or special] diesel fuel;

            (2) Is based in a county whose population is 100,000 or more; and

            (3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770; [or]

      (c) A heavy-duty motor vehicle that:

            (1) Uses motor vehicle fuel or special fuel, excluding diesel fuel;

            (2) Is based in a county whose population is 100,000 or more; and

            (3) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770; or

      (d) A vehicle which:

            (1) Is based in an area of this State designated by the Commission; and

            (2) Requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770,

Ê until evidence of compliance with NRS 445B.700 to 445B.845, inclusive, and section 1 of this act has been provided.

      2.  An owner or lessee of a fleet of three or more vehicles may, upon application to the Department of Motor Vehicles, submit evidence of compliance for his motor vehicles in a manner determined by that Department.

      Sec. 7.  This act becomes effective on July 1, 2009.

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CHAPTER 310, AB 471

Assembly Bill No. 471–Committee on Commerce and Labor

 

CHAPTER 310

 

AN ACT relating to real property; providing that a deficiency in payment on a mortgage, deed of trust or other encumbrance may be cured under certain circumstances before foreclosure; providing that a court shall not award a deficiency judgment on the foreclosure of a mortgage or a deed of trust under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides a right to cure a deficiency in payment on a mortgage or other encumbrance before a judicial foreclosure sale at any time not later than 5 days before the date of sale.

      Under existing law, a judgment creditor or a beneficiary of a deed of trust may obtain, after a hearing, a deficiency judgment after a foreclosure sale or trustee’s sale if it appears from the sheriff’s return or the recital of consideration in the trustee’s deed that there is a deficiency of the proceeds of the sale and a balance remaining due the judgment creditor or beneficiary of the deed of trust. (NRS 40.455) Section 2 of this bill provides that if the judgment creditor or the beneficiary of the deed of trust is a financial institution, a court may not award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if: (1) the real property is a single-family dwelling and the debtor or grantor was the owner of the property; (2) the debtor or grantor used the loan to purchase the property; (3) the debtor or grantor occupied the property continuously after obtaining the loan; and (4) the debtor or grantor did not refinance the loan.

 


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ê2009 Statutes of Nevada, Page 1329 (Chapter 310, AB 471)ê

 

single-family dwelling and the debtor or grantor was the owner of the property; (2) the debtor or grantor used the loan to purchase the property; (3) the debtor or grantor occupied the property continuously after obtaining the loan; and (4) the debtor or grantor did not refinance the loan.

      Section 3 of this bill provides that the amendatory provisions of this bill apply only prospectively to obligations secured by a mortgage, deed of trust or other encumbrance upon real property on or after the effective date of this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 40.430 is hereby amended to read as follows:

      40.430  1.  Except in cases where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512, there may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage or other lien upon real estate. That action must be in accordance with the provisions of NRS 40.430 to 40.459, inclusive. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court, by its decree or judgment, may direct a sale of the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale as provided in NRS 40.462.

      2.  This section must be construed to permit a secured creditor to realize upon the collateral for a debt or other obligation agreed upon by the debtor and creditor when the debt or other obligation was incurred.

      3.  At any time not later than 5 business days before the date of sale directed by the court, if the deficiency resulting in the action for the recovery of the debt has arisen by failure to make a payment required by the mortgage or other lien, the deficiency may be made good by payment of the deficient sum and by payment of any costs, fees and expenses incident to making the deficiency good. If a deficiency is made good pursuant to this subsection, the sale may not occur.

      4.  A sale directed by the court pursuant to subsection 1 must be conducted in the same manner as the sale of real property upon execution, by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sheriff of one of the counties to conduct the sale with like proceedings and effect as if the whole of the encumbered land were situated in that county.

      [4.] 5.  As used in this section, an “action” does not include any act or proceeding:

      (a) To appoint a receiver for, or obtain possession of, any real or personal collateral for the debt or as provided in NRS 32.015.

      (b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property.

      (c) To enforce a mortgage or other lien upon any real or personal collateral located outside of the State which does not, except as required under the laws of that jurisdiction, result in a personal judgment against the debtor.

      (d) For the recovery of damages arising from the commission of a tort, including a recovery under NRS 40.750, or the recovery of any declaratory or equitable relief.

      (e) For the exercise of a power of sale pursuant to NRS 107.080.

 


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ê2009 Statutes of Nevada, Page 1330 (Chapter 310, AB 471)ê

 

      (f) For the exercise of any right or remedy authorized by chapter 104 of NRS or by the Uniform Commercial Code as enacted in any other state.

      (g) For the exercise of any right to set off, or to enforce a pledge in, a deposit account pursuant to a written agreement or pledge.

      (h) To draw under a letter of credit.

      (i) To enforce an agreement with a surety or guarantor if enforcement of the mortgage or other lien has been automatically stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095.

      (j) To collect any debt, or enforce any right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other right secured by a senior mortgage or other senior lien on the property.

      (k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt.

      (l) For filing a claim pursuant to chapter 147 of NRS or to enforce such a claim which has been disallowed.

      (m) Which does not include the collection of the debt or realization of the collateral securing the debt.

      (n) Pursuant to NRS 40.507 or 40.508.

      (o) Which is exempted from the provisions of this section by specific statute.

      (p) To recover costs of suit, costs and expenses of sale, attorneys’ fees and other incidental relief in connection with any action authorized by this subsection.

      Sec. 2.  NRS 40.455 is hereby amended to read as follows:

      40.455  1.  [Upon] Except as otherwise provided in subsection 3, upon application of the judgment creditor or the beneficiary of the deed of trust within 6 months after the date of the foreclosure sale or the trustee’s sale held pursuant to NRS 107.080, respectively, and after the required hearing, the court shall award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if it appears from the sheriff’s return or the recital of consideration in the trustee’s deed that there is a deficiency of the proceeds of the sale and a balance remaining due to the judgment creditor or the beneficiary of the deed of trust, respectively.

      2.  If the indebtedness is secured by more than one parcel of real property, more than one interest in the real property or more than one mortgage or deed of trust, the 6-month period begins to run after the date of the foreclosure sale or trustee’s sale of the last parcel or other interest in the real property securing the indebtedness, but in no event may the application be filed more than 2 years after the initial foreclosure sale or trustee’s sale.

      3.  If the judgment creditor or the beneficiary of the deed of trust is a financial institution, the court may not award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust, even if there is a deficiency of the proceeds of the sale and a balance remaining due the judgment creditor or beneficiary of the deed of trust, if:

      (a) The real property is a single-family dwelling and the debtor or grantor was the owner of the real property at the time of the foreclosure sale or trustee’s sale;

 


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ê2009 Statutes of Nevada, Page 1331 (Chapter 310, AB 471)ê

 

      (b) The debtor or grantor used the amount for which the real property was secured by the mortgage or deed of trust to purchase the real property;

      (c) The debtor or grantor continuously occupied the real property as his principal residence after securing the mortgage or deed of trust; and

      (d) The debtor or grantor did not refinance the mortgage or deed of trust after securing it.

      4.  As used in this section, “financial institution” has the meaning ascribed to it in NRS 363A.050.

      Sec. 3.  The amendatory provisions of this act apply only to an obligation secured by a mortgage, deed of trust or other encumbrance upon real property on or after October 1, 2009.

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CHAPTER 311, AB 487

Assembly Bill No. 487–Committee on Education

 

CHAPTER 311

 

AN ACT relating to education; requiring the development of an academic plan for pupils enrolling in their initial year at a middle school or junior high school; requiring small learning communities in certain larger middle schools and junior high schools; requiring a program of peer mentoring for pupils initially enrolling in middle school or junior high school; requiring the board of trustees of each school district to adopt a policy for pupils enrolled in middle school or junior high school to conduct a pupil-led conference on educational progress; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the board of trustees of each school district to adopt a policy for each public school in the school district in which ninth grade pupils are enrolled to develop a 4-year academic plan for each of those pupils. (NRS 388.205) Section 2 of this bill requires the board of trustees of each school district to adopt a policy for each middle school and junior high school in the school district to develop an academic plan for each incoming middle school or junior high school pupil.

      Existing law requires the board of trustees of each school district that includes at least one high school in which 1,200 pupils or more are enrolled and that includes ninth grade pupils to adopt a policy for each of those high schools to provide a program of small learning communities for the ninth grade pupils. (NRS 388.215) Section 3 of this bill requires the board of trustees of each school district that includes at least one middle school or junior high school in which 500 pupils or more are enrolled to adopt a policy for each of those middle schools and junior high schools to provide a program of small learning communities for the incoming middle school or junior high school pupils.

      Section 5 of this bill requires the board of trustees of each school district to adopt a policy for peer mentoring, which may include a component of adult mentoring, for incoming middle school and junior high school pupils designed to increase the ability of those pupils to successfully make the transition from elementary school to middle school or junior high school.

 


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ê2009 Statutes of Nevada, Page 1332 (Chapter 311, AB 487)ê

 

      Section 6 of this bill requires the board of trustees of each school district to adopt a policy for pupils enrolled in a middle school or junior high school to conduct, if required by the board of trustees, a pupil-led conference between the pupil, his parent or legal guardian and his teacher to review the educational development of the pupil.

      Section 7 of this bill provides that the policies required by sections 2, 3, 5 and 6 of this bill must be adopted by each school district on or before January 1, 2011, for implementation beginning with the 2011-2012 School Year.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The board of trustees of each school district shall adopt a policy for each middle school and junior high school in the school district to develop an academic plan for each pupil enrolled in the grade level at which the middle school or junior high school initially enrolls pupils. The academic plan must set forth:

      (a) The specific educational goals that the pupil intends to achieve before promotion to high school;

      (b) An identification of the courses required for promotion to high school;

      (c) An identification of all honors courses, career and technical education courses and other educational programs, courses and pathways available to the pupil which will assist in the advancement of the education of the pupil; and

      (d) A description of the expectations of the teachers of pupils who are enrolled in middle school or junior high school.

      2.  The policy must require each pupil enrolled in his initial year at the middle school or junior high school and the pupil’s parent or legal guardian to:

      (a) Have sufficient opportunities to work in consultation with a school counselor to develop an academic plan for the pupil;

      (b) Review the academic plan; and

      (c) Review the academic plan at least once each school year until the pupil is promoted to high school in consultation with the school counselor and revise the plan as necessary.

      3.  If a pupil enrolls in a middle school or junior high school after the initial year of enrollment for that middle school or junior high school, an academic plan must be developed for that pupil with appropriate modifications for the grade level of the pupil.

      4.  An academic plan for a pupil must be used as a guide for the pupil and the pupil’s parent or legal guardian to plan, monitor and manage the pupil’s educational development and make determinations of the appropriate courses of study for the pupil. If the pupil does not satisfy all the educational goals set forth in the academic plan, the pupil is eligible for promotion to high school if he otherwise satisfies the requirements for promotion to high school.

      Sec. 3.  1.  The board of trustees of each school district which includes at least one middle school or junior high school with an enrollment of 500 pupils or more shall adopt a policy for each of those middle schools and junior high schools to provide a program of small learning communities for pupils enrolled in the grade level at which those middle schools or junior high schools initially enroll pupils.

 


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ê2009 Statutes of Nevada, Page 1333 (Chapter 311, AB 487)ê

 

learning communities for pupils enrolled in the grade level at which those middle schools or junior high schools initially enroll pupils. The policy must require:

      (a) Where practicable, the designation of a separate area geographically within the middle school or junior high school where the pupils enrolled in their initial year at the middle school or junior high school attend classes;

      (b) The collection and maintenance of information relating to pupils enrolled in their initial year at the middle school or junior high school, including, without limitation, credits earned, attendance, truancy and indicators that a pupil may be at risk of dropping out of middle school or junior high school;

      (c) Based upon the information collected pursuant to paragraph (b), the timely identification of any special needs of a pupil enrolled in his initial year at the middle school or junior high school, including, without limitation, any need for programs of remedial study for a particular subject area and appropriate counseling;

      (d) Methods to increase the involvement of parents and legal guardians of pupils enrolled in their initial year in a middle school or junior high school in the education of their children; and

      (e) The assignment of:

            (1) Guidance counselors;

            (2) At least one licensed school administrator or his designee; and

            (3) Appropriate adult mentors,

Ê specifically for the pupils enrolled in their initial year at the middle school or junior high school.

      2.  The principal of each middle school or junior high school in which 500 pupils or more are enrolled shall:

      (a) Carry out a program of small learning communities in accordance with the policy prescribed by the board of trustees pursuant to subsection 1; and

      (b) Submit an annual report, on a date prescribed by the board of trustees, that sets forth the specific strategies, programs and methods which are used to focus on the pupils enrolled in their initial year at the middle school or junior high school, including, without limitation, the program of mentoring provided pursuant to section 5 of this act.

      Sec. 4.  Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5.  1.  The board of trustees of each school district shall adopt a policy for each middle school and junior high school in the school district to provide a program of peer mentoring, which may include a component of adult mentoring, for pupils enrolled in the grade level at which the middle school or junior high school initially enrolls pupils. The policy must be designed to increase the ability of those pupils to successfully make the transition from elementary school to middle school or junior high school.

      2.  The principal of each middle school or junior high school shall:

      (a) Carry out a program of mentoring in accordance with the policy adopted by the board of trustees pursuant to subsection 1; and

      (b) Submit an annual report to the board of trustees on:

 


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ê2009 Statutes of Nevada, Page 1334 (Chapter 311, AB 487)ê

 

            (1) The specific activities of the program of mentoring; and

            (2) The effectiveness of the program of mentoring in increasing the ability of pupils to successfully make the transition to middle school or junior high school.

      3.  This section does not prohibit a middle school or junior high school from continuing any other similar program of mentoring that the middle school or junior high school currently provides in a manner that is consistent with the policy prescribed by the board of trustees.

      Sec. 6.  1.  The board of trustees of each school district shall adopt a policy which allows the board of trustees to require a pupil enrolled in a middle school or junior high school in the school district to conduct a pupil-led conference between the pupil, his parent or legal guardian and his teacher to review the educational development of the pupil at least once during the enrollment of the pupil in the middle school or junior high school. The policy must include, without limitation:

      (a) Guidelines for preparing the pupil to conduct the conference, including, without limitation, the appropriate structure of a conference and topics of discussion for the conference; and

      (b) A method for the pupil, his parent or legal guardian and the teacher to provide an evaluation of the conference.

      2.  If a pupil is required to conduct a pupil-led conference, the conference must be used as a guide for the pupil and the parent or legal guardian of the pupil to monitor the pupil’s educational development. If the pupil does not conduct a pupil-led conference or if the parent or legal guardian of the pupil does not attend a pupil-led conference, the pupil is eligible for promotion to high school if he otherwise satisfies the requirements for promotion to high school.

      Sec. 7.  1.  The board of trustees of each school district shall adopt the policies required by sections 2, 3, 5 and 6 of this act not later than January 1, 2011, for implementation beginning with the 2011-2012 School Year.

      2.  On or before June 1, 2010, the board of trustees of each school district shall provide a report to the Superintendent of Public Instruction on the status of the adoption of the policies required by sections 2, 3, 5 and 6 of this act, including, without limitation, a plan for implementation of those policies beginning with the 2011-2012 School Year. On or before July 1, 2010, the Superintendent of Public Instruction shall compile the reports and provide a report of the compilation to the Legislative Committee on Education.

      Sec. 8.  1.  This section and section 7 of this act become effective on July 1, 2009.

      2.  Sections 2 to 6, inclusive, of this act become effective on July 1, 2009, for the purpose of adopting the policies required by sections 2, 3, 5 and 6 of this act and on July 1, 2011, for all other purposes.

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ê2009 Statutes of Nevada, Page 1335ê

 

CHAPTER 312, AB 496

Assembly Bill No. 496–Committee on Judiciary

 

CHAPTER 312

 

AN ACT relating to the Commission on Judicial Discipline; revising the statute of limitations for filing certain complaints with the Commission; revising provisions concerning the grounds upon which the Commission may discipline a judge; authorizing the Commission to impose additional forms of discipline upon a judge who is the subject of a complaint; revising certain provisions concerning the confidentiality of the proceedings of the Commission; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law defines certain terms used in certain provisions of chapter 1 of NRS which relate to the Commission on Judicial Discipline. (NRS 1.425-1.429) Sections 1.5-9, 16 and 17 of this bill revise certain definitions and define additional terms that are used in those provisions.

      Section 13 of this bill requires the Commission to prepare annual and biennial reports concerning, among other things, the period for disposition of complaints filed with the Commission.

      Sections 21, 22, 26 and 27 of this bill authorize the Commission to dismiss a complaint with a letter of caution under certain circumstances. (NRS 1.4655, 1.4657, 1.4667, 1.467)

      Section 21 of this bill provides, with exceptions, a 3-year statute of limitations for filing a complaint with the Commission concerning alleged misconduct or incapacity of a judge. Section 21 also requires the Commission, within 18 months after the receipt of such a complaint, to either resolve the complaint or authorize the filing of a formal statement of charges relating to the complaint. (NRS 1.4655) Section 27 of this bill requires a judge to file an answer to a formal statement of charges against the judge with the Commission within 20 days after the judge is served with the formal statement of charges. (NRS 1.467) Section 28 of this bill generally requires a hearing on a formal statement of charges to be held. Further, section 28 requires, if practicable, the hearing to be held not later than 60 days after a judge files the answer with the Commission. (NRS 1.4673) Section 28 also requires the Commission to prepare findings of fact and conclusions of law setting forth the decision of the Commission within 60 days after the conclusion of the hearing on the formal statement of charges. (NRS 1.4673)

      Section 29 of this bill requires the Commission to give a judge 7 days’ notice and an opportunity to respond and to hold a public hearing before the Commission suspends the judge from office. (NRS 1.4675)

      Section 30 of this bill adds public admonishment and public reprimand to the existing forms of discipline the Commission is authorized to use for a judge who is the subject of a complaint. (NRS 1.4677) Section 32 of this bill authorizes a person who files a complaint against a judge with the Commission, the judge who is the subject of the complaint or a witness to disclose information concerning the complaint and any investigation or proceedings concerning the complaint. Section 32 also authorizes the Commission to issue an explanatory statement, under certain circumstances, concerning a complaint filed with the Commission under certain circumstances in which the complaint is made public. (NRS 1.4683)

      Section 33 of this bill revises provisions governing the documents and exhibits concerning a complaint which must be made accessible to the public.

 


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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 1 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 14, inclusive, of this act.

      Sec. 1.5.  “Admonish” means to issue a written expression of disapproval of a judge for one or more violations of the Nevada Code of Judicial Conduct by the judge as described in NRS 1.4653. The expression of disapproval may include a warning to the judge to avoid similar conduct in the future.

      Sec. 2.  “Censure” means to issue a formal, written condemnation of a judge for one or more violations of the Nevada Code of Judicial Conduct by the judge as described in NRS 1.4653 that do not require the removal or barring of the judge from office because there are substantial mitigating factors.

      Sec. 3.  “Complaint” means information in any form and from any source that alleges or implies judicial misconduct or incapacity.

      Sec. 4.  “Formal statement of charges” means a document setting forth the specific acts of judicial misconduct or incapacity, including any amendment thereto.

      Sec. 5.  “Letter of caution” means a private, written communication to a judge to:

      1.  Remind the judge of ethical responsibilities;

      2.  Warn the judge to avoid similar conduct in the future; or

      3.  Disapprove of conduct that may create the appearance of impropriety.

      Sec. 6.  “Removal” means a decision issued by the Commission to require a judge to permanently leave his judicial office for conduct described in NRS 1.4653.

      Sec. 6.5.  “Remove” means to require a judge to permanently leave his judicial office for conduct described in NRS 1.4653.

      Sec. 7.  “Reprimand” means a severe, written reproof for one or more violations of the Nevada Code of Judicial Conduct by a judge as described in NRS 1.4677.

      Sec. 8.  “Special counsel” means the attorney designated by the Commission to:

      1.  Present evidence at a hearing to suspend a judge held pursuant to NRS 1.4675;

      2.  File and prosecute a formal statement of charges; and

      3.  Perform other tasks, as directed by the Commission, pursuant to a designation authorized by NRS 1.4663.

      Sec. 9.  “Suspend” means a decision issued by the Commission to require a judge to temporarily leave his office for conduct described in NRS 1.4675.

      Sec. 10.  1.  Proceedings before the Commission are civil matters designed to preserve an independent and honorable judiciary.

      2.  Except as otherwise provided in NRS 1.425 to 1.4695, inclusive, and sections 1.5 to 14, inclusive, of this act or in the procedural rules adopted by the Commission, after a formal statement of charges has been filed, the Nevada Rules of Civil Procedure apply.

      Sec. 11.  1.  Each appointing authority shall appoint for each position for which the authority makes an appointment to the Commission an alternate member.

 


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an alternate member. The Governor shall not appoint more than two alternate members of the same political party. An alternate member must not be a member of the Commission on Judicial Selection.

      2.  An alternate member shall serve:

      (a) When the appointed member is disqualified or unable to serve; or

      (b) When a vacancy exists.

      Sec. 12.  The Commission shall adopt rules providing for the disposition of a complaint or formal statement of charges at any stage in a disciplinary proceeding, pursuant to:

      1.  The consent of the judge who is the subject of the complaint; and

      2.  An agreement between the judge and the Commission.

      Sec. 13.  1.  On or before September 30 of each year, the Commission shall prepare an annual report summarizing the activities of the Commission during the preceding fiscal year. The annual report must include, without limitation, statistical information concerning the period for disposition of complaints and the length of time that proceedings have been pending before the Commission, and a statement of the budget and expenses of the Commission. The annual report must be made available to the public.

      2.  On or before September 30 of each odd-numbered year, the Commission shall prepare a biennial report summarizing the activities of the Commission during the preceding 2 fiscal years. The biennial report must include, without limitation, statistical information concerning the period for disposition of complaints and the length of time that proceedings have been pending before the Commission, and a statement of the budget and expenses of the Commission. The Commission shall file a copy of the biennial report with the Governor, the Majority Leader of the Senate, the Speaker of the Assembly, the Chief Justice of the Supreme Court of Nevada, the Chairman of the Senate Standing Committee on Judiciary, the Chairman of the Assembly Standing Committee on Judiciary and the State Bar of Nevada. The biennial report must be made available to the public.

      3.  The information included in the annual and biennial reports prepared pursuant to this section must comply with any and all confidentiality requirements of applicable law and the rules of the Commission adopted pursuant to NRS 1.4695.

      Sec. 14.  1.  The Commission may extend the limitations on time set forth in NRS 1.425 to 1.4695, inclusive, and sections 1.5 to 14, inclusive, of this act for good cause shown.

      2.  The limitations on time set forth in NRS 1.425 to 1.4695, inclusive, and sections 1.5 to 14, inclusive, of this act must be computed in the same manner as in the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure and must not include:

      (a) Periods of delay at the request of or attributable to a judge other than the judge who is the subject of a complaint;

      (b) Short periods of delay that are the result of the period between scheduled meetings of the Commission;

      (c) Periods in which the judge who is the subject of a complaint and the Executive Director of the Commission or special counsel are negotiating an agreement; or

      (d) Periods when the Commission is holding a complaint in abeyance pending the disposition of a court case relating to the complaint.

 


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      3.  The Commission shall not dismiss a complaint or a formal statement of charges for failure to comply with the limitations of time set forth in NRS 1.425 to 1.4695, inclusive, and sections 1.5 to 14, inclusive, of this act unless the Commission determines such a delay is unreasonable and the rights of the judge to a fair hearing have been violated. The fact that an investigation has been conducted more than 24 months after the date the complaint was filed with the Commission is prima facie evidence of an unreasonable delay, which may be rebutted.

      Sec. 15.  NRS 1.425 is hereby amended to read as follows:

      1.425  As used in NRS 1.425 to 1.4695, inclusive, and sections 1.5 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 1.426 [to 1.429, inclusive,] , 1.427 and 1.428, and sections 1.5 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 16.  NRS 1.427 is hereby amended to read as follows:

      1.427  “Incapacitated” means unable to perform the duties of [his] office because of advanced age or mental or physical disability.

      Sec. 17.  NRS 1.428 is hereby amended to read as follows:

      1.428  “Judge” means:

      1.  A justice of the Supreme Court;

      2.  A judge of the district court;

      [2.] 3.  A judge of the municipal court;

      [3.] 4.  A justice of the peace; and

      [4.] 5.  Any other officer of the Judicial Branch of this State, whether or not he is an attorney, who presides over judicial proceedings, including, but not limited to, a magistrate, court commissioner, special master or referee.

      Sec. 18.  NRS 1.440 is hereby amended to read as follows:

      1.440  1.  The Commission has exclusive jurisdiction over the public censure, removal, involuntary retirement and other discipline of judges which is coextensive with its jurisdiction over justices of the Supreme Court and must be exercised in the same manner and under the same rules.

      2.  The Supreme Court shall appoint two justices of the peace or two municipal judges to sit on the Commission for formal, public proceedings against a justice of the peace or a municipal judge, respectively. Justices of the peace and municipal judges so appointed must be designated by an order of the Supreme Court to sit for such proceedings in place of and to serve for the same terms as the regular members of the Commission appointed by the Supreme Court.

      Sec. 19.  NRS 1.465 is hereby amended to read as follows:

      1.465  1.  The following persons are absolutely immune from suit for all conduct at any time in the course of their official duties:

      (a) Any member who serves on the Commission;

      (b) Any person employed by the Commission;

      (c) Any independent contractor of the Commission; and

      (d) Any person who performs services pursuant to NRS 1.450 or 1.460 for the Commission.

      2.  [The] Except as otherwise provided in NRS 1.4683, the following persons are absolutely immune from suit unless convicted of committing perjury before the Commission pursuant to NRS 199.120 to 199.200, inclusive:

      (a) A person who files a complaint with the Commission pursuant to NRS 1.4655; [and]

 


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      (b) A person who gives testimony at a [public] hearing held by the Commission pursuant to NRS [1 467.] 1.4673 or 1.4675; and

      (c) A person who gives a statement to an investigator of the Commission during an authorized investigation.

      Sec. 20.  NRS 1.4653 is hereby amended to read as follows:

      1.4653  1.  The Commission may remove [,] a judge, publicly censure a judge or impose other forms of discipline on a [justice or] judge if the Commission determines that the [justice or] judge:

      (a) Has committed willful misconduct;

      (b) Has willfully or persistently failed to perform the duties of his office; or

      (c) Is habitually intemperate.

      2.  The Commission may publicly censure a judge or impose other forms of discipline on a [justice or] judge if the Commission determines that the [justice or] judge has violated one or more of the provisions of the Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate.

      3.  The Commission may retire a [justice or] judge if the Commission determines that:

      (a) The advanced age of the [justice or] judge interferes with the proper performance of his judicial duties; or

      (b) The [justice or] judge suffers from a mental or physical disability that prevents the proper performance of his judicial duties and is likely to be permanent in nature.

      4.  As used in this section:

      (a) “Habitual intemperance” means the chronic, excessive use of alcohol or another substance that affects mental processes, awareness or judgment.

      (b) “Willful misconduct” includes:

            (1) Conviction of [a felony or of a misdemeanor] any crime involving moral turpitude;

            (2) A knowing or deliberate violation of one or more of the provisions of the Nevada Code of Judicial Conduct; and

            (3) A knowing or deliberate act or omission in the performance of judicial or administrative duties that:

                  (I) Involves fraud or bad faith or amounts to a public offense; and

                  (II) Tends to corrupt or impair the administration of justice in a judicial proceeding . [; and

            (4) Knowingly or deliberately swearing falsely in testimony before the Commission or in documents submitted under oath to the Commission.]

Ê The term does not include claims of error or abuse of discretion in findings of fact, legal decisions or procedural rulings unless supported by evidence of abuse of authority, a disregard for fundamental rights, an intentional disregard of the law, a pattern of legal error or an action taken for a purpose other than the faithful discharge of judicial duty.

      Sec. 21.  NRS 1.4655 is hereby amended to read as follows:

      1.4655  1.  The Commission may begin an inquiry regarding the alleged misconduct or incapacity of a [justice or] judge upon the receipt of [:

      (a) A written, sworn complaint from any person which alleges that the justice or judge has committed misconduct or is incapacitated; or

      (b) Information from any source and in any format, from which the Commission may reasonably infer that the justice or judge may have committed misconduct or be incapacitated.

 


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      2.  For the purposes of further inquiry and action by the Commission, information described in paragraph (b) of subsection 1 shall be deemed to be a complaint upon motion of the Commission.] a complaint.

      2.  The Commission shall not consider complaints arising from acts or omissions that occurred more than 3 years before the date of the complaint or more than 1 year after the complainant knew or in the exercise of reasonable diligence should have known of the conduct, whichever is earlier, except that:

      (a) Where there is a continuing course of conduct, the conduct will be deemed to have been committed at the termination of the course of conduct;

      (b) Where there is a pattern of recurring judicial misconduct and at least one act occurs within the 3-year or 1-year period, as applicable, the Commission may consider all prior acts or omissions related to that pattern; and

      (c) Any period in which the judge has concealed or conspired to conceal evidence of misconduct is not included in the computation of the time limit for the filing of a complaint pursuant to this section.

      3.  Within 18 months after the receipt of a complaint pursuant to this section, the Commission shall:

      (a) Dismiss the complaint with or without a letter of caution;

      (b) Attempt to resolve the complaint informally as required pursuant to NRS 1.4665;

      (c) Enter into a deferred discipline agreement pursuant to NRS 1.468;

      (d) With the consent of the judge, impose discipline on the judge pursuant to an agreement between the judge and the Commission; or

      (e) Authorize the filing of a formal statement of the charges based on a finding that there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action.

      Sec. 22.  NRS 1.4657 is hereby amended to read as follows:

      1.4657  1.  The Commission shall, in accordance with its procedural rules, examine each complaint that it receives [pursuant to NRS 1.4655] to determine whether the complaint [contains allegations which, if true, would establish grounds for discipline pursuant to NRS 1.4653.] alleges objectively verifiable evidence from which a reasonable inference could be drawn that a judge committed misconduct or is incapacitated.

      2.  If the Commission determines that a complaint does not contain such allegations, the Commission shall dismiss the complaint [.] with or without a letter of caution. A letter of caution is not a form of discipline. The Commission may consider a letter of caution when deciding the appropriate action to be taken on a subsequent complaint against a judge unless the letter of caution is not relevant to the misconduct alleged in the subsequent complaint.

      3.  If the Commission determines that a complaint does contain such allegations, the Commission shall authorize further investigation . [to be conducted in accordance with NRS 1.4663.]

      Sec. 23.  NRS 1.466 is hereby amended to read as follows:

      1.466  1.  During any stage of a disciplinary proceeding, including, but not limited to, an investigation [to determine probable cause] pursuant to NRS 1.4663 and a formal hearing, the Commission may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, but not limited to, books, papers, documents, records, photographs, recordings, reports and tangible objects.

 


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relevant materials, including, but not limited to, books, papers, documents, records, photographs, recordings, reports and tangible objects.

      2.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the Commission may, in accordance with its procedural rules, hold the witness in contempt and impose a reasonable penalty to enforce the subpoena.

      3.  If a witness continues to refuse to attend, testify or produce materials as required by the subpoena, the Commission may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

      (b) The witness has been subpoenaed by the Commission pursuant to this section; and

      (c) The witness has failed or refused to attend, testify or produce materials as required by the subpoena before the Commission, or has refused to answer questions propounded to him,

Ê and asking for an order of the court compelling the witness to attend, testify or produce materials before the Commission.

      4.  Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the Commission. A certified copy of the order must be served upon the witness.

      5.  If it appears to the court that the subpoena was regularly issued by the Commission, the court shall enter an order that the witness appear before the Commission at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 24.  NRS 1.4663 is hereby amended to read as follows:

      1.4663  1.  If the Commission determines pursuant to NRS 1.4657 that a complaint [contains allegations which, if true, would establish grounds for discipline pursuant to NRS 1.4653,] alleges objectively verifiable evidence from which a reasonable inference could be drawn that a judge committed misconduct or is incapacitated, the Commission shall assign or appoint an investigator to conduct an investigation to determine whether the allegations have merit. The Commission may designate special counsel at any time after a complaint is filed with the Commission pursuant to NRS 1.4655.

      2.  Such an investigation must be conducted in accordance with procedural rules adopted by the Commission and may extend to any matter that is, in the determination of the Commission, reasonably related to an allegation of misconduct or incapacity contained in the complaint.

      3.  An investigator assigned or appointed by the Commission to conduct an investigation pursuant to this section may, for the purpose of investigation, compel by subpoena on behalf of the Commission the attendance of witnesses and the production of necessary materials as set forth in NRS 1.466.

      4.  At the conclusion of the investigation, the investigator shall prepare a written report of the investigation for review by the Commission.

      Sec. 25.  NRS 1.4665 is hereby amended to read as follows:

      1.4665  1.  [If a] Except as otherwise provided in this section or in the procedural rules adopted by the Commission, the Commission shall use the same procedures with respect to allegations of incapacity as it uses with respect to allegations of misconduct.

 


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same procedures with respect to allegations of incapacity as it uses with respect to allegations of misconduct.

      2.  The Commission shall attempt to resolve the following matters informally:

      (a) A complaint received by the Commission which alleges that a [justice or] judge is incapacitated [, the Commission shall, after examining the complaint and conducting an investigation pursuant to NRS 1.4657 and 1.4663, attempt to resolve the matter informally.] ;

      (b) A matter in which the preliminary investigation reveals that a judge may have a physical or mental disability; and

      (c) A matter in which the judge raises a mental or physical disability as an issue before the filing of the formal statement of charges.

      3.  An informal resolution by the Commission pursuant to subsection 2 includes, without limitation:

      (a) Voluntary retirement by the judge; and

      (b) If the disability can be adequately addressed through treatment, a deferred discipline agreement pursuant to NRS 1.468.

      4.  In attempting to resolve [the] a matter informally, the Commission may request that the [justice or] judge named in the complaint submit to medical, psychiatric or psychological testing by a physician licensed to practice medicine in this State who is selected by the Commission.

      [2.] 5.  If the Commission is unable to resolve the matter informally pursuant to subsection [1,] 2, the Commission shall:

      (a) Proceed as set forth in NRS 1.4667, 1.467 and 1.4673. [If the matter proceeds to the point at which the prosecuting attorney files a statement of formal charges pursuant to NRS 1.467 and the justice or judge named in the complaint denies all or part of those charges, the Commission shall deem such a denial to be consent on the part of the justice or judge to submit to medical, psychiatric or psychological testing by a physician licensed to practice medicine in this State who is selected by the Commission.]

      (b) Unless the [justice or] judge has retained counsel at his own expense, appoint an attorney to represent the [justice or] judge at public expense.

      6.  If a judge raises a mental or physical disability as an affirmative defense or in mitigation, the judge shall be deemed to have consented to medical, psychiatric or psychological testing and to have waived the psychologist-patient privilege, doctor-patient privilege, marriage and family therapist-client privilege and social worker-client privilege set forth in chapter 49 of NRS, as applicable. The Commission shall require the judge to produce his relevant medical records and to submit to medical, psychiatric or psychological testing by a physician licensed to practice medicine in this State who is selected by the judge. If the judge refuses to produce medical records or submit to an examination, the Commission shall preclude the judge from presenting the medical records or evidence of the results of medical examinations conducted on behalf of the judge and may consider the refusal as evidence that the judge has an incapacity that seriously interferes with the performance of judicial duties of the judge and is likely to become permanent, or as evidence contradicting the claim of a disability by the judge as an affirmative defense or mitigating factor.

      7.  If a judge raises a mental illness or other disability as a defense or mitigating factor in a proceeding alleging misconduct, the judge has the burden of proving by a preponderance of the evidence that:

 


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      (a) He has a serious mental illness or other disability;

      (b) The mental illness or other disability caused the misconduct;

      (c) He has undergone or is undergoing treatment for the mental illness or other disability;

      (d) The treatment has abated the cause of the misconduct; and

      (e) The misconduct is not likely to recur.

      [3.] 8.  The findings of a physician [appointed] selected by the Commission pursuant to this section are not privileged communications.

      [4.] 9.  The provisions of this section do not prohibit a [justice or] judge from having legal counsel and a physician of his choice present at a medical, psychiatric or psychological examination conducted pursuant to this section.

      [5.] 10.  The Commission shall adopt procedural rules to carry out the provisions of this section.

      Sec. 26.  NRS 1.4667 is hereby amended to read as follows:

      1.4667  1.  The Commission shall review the report [of an investigation conducted] prepared pursuant to NRS 1.4663 to determine whether there is [sufficient reason to proceed.] a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against a judge.

      2.  If the Commission determines that [there is not sufficient reason to proceed,] such a reasonable probability does not exist, the Commission shall dismiss the complaint [.] with or without a letter of caution. The Commission may consider a letter of caution when deciding the appropriate action to be taken on a subsequent complaint against a judge unless the caution is not relevant to the misconduct alleged in the subsequent complaint.

      3.  If the Commission determines that [it could, in all likelihood, make a determination in the affirmative pursuant to NRS 1.467,] such a reasonable probability exists, the Commission shall require the [justice or] judge [named in the complaint] to respond to the complaint in accordance with procedural rules adopted by the Commission. [If the justice or judge fails to respond to the complaint, the Commission shall deem such failure to be an admission that the facts alleged in the complaint:

      1.  Are true; and

      2.  Establish grounds for discipline pursuant to NRS 1.4653.]

      Sec. 27.  NRS 1.467 is hereby amended to read as follows:

      1.467  1.  After [the justice or] a judge [named in the complaint] responds to the complaint as required pursuant to NRS 1.4667 , [and after considering that response and other relevant information,] the Commission shall make a finding of whether there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against the [justice or] judge . [named in the complaint pursuant to NRS 1.4653.]

      2.  If the Commission [makes a finding] finds that such a reasonable probability does not exist, the Commission shall dismiss the complaint [.] with or without a letter of caution. The Commission may consider a letter of caution when deciding the appropriate action to be taken on a subsequent complaint against a judge unless the caution is not relevant to the misconduct alleged in the subsequent complaint.

      3.  If the Commission [makes a finding] finds that such a reasonable probability [does exist,] exists, but reasonably believes that the misconduct would be addressed more appropriately through rehabilitation, treatment, education or minor corrective action, the Commission may enter into a deferred discipline agreement with the judge for a definite period as described in NRS 1.468.

 


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education or minor corrective action, the Commission may enter into a deferred discipline agreement with the judge for a definite period as described in NRS 1.468.

      4.  The Commission shall not dismiss a complaint with a letter of caution or enter into a deferred discipline agreement with a judge if:

      (a) The misconduct of the judge involves the misappropriation of money, dishonesty, deceit, fraud, misrepresentation or a crime that adversely reflects on the honesty, trustworthiness or fitness of the judge;

      (b) The misconduct of the judge resulted or will likely result in substantial prejudice to a litigant or other person;

      (c) The misconduct of the judge is part of a pattern of similar misconduct; or

      (d) The misconduct of the judge is of the same nature as misconduct for which the judge has been publicly disciplined or which was the subject of a deferred discipline agreement entered into by the judge within the immediately preceding 5 years.

      5.  If the Commission finds that such a reasonable probability exists and that formal proceedings are warranted, the Commission shall, in accordance with its procedural rules [:

      (a) Designate a prosecuting attorney, who must] , designate special counsel to sign under oath and file with the Commission a formal statement of charges against the [justice or judge and file the statement with the Commission;

      (b) Require that the justice or judge submit to the Commission an answer to the formal statement of charges; and

      (c) Hold a formal, public hearing on the merits of the charges.

      4.] judge.

      6.  Within 20 days after service of the formal statement of charges, the judge shall file an answer with the Commission under oath. If the [justice or] judge fails to answer the formal statement of charges [pursuant to subsection 3,] within that period, the Commission shall deem such failure to be an admission that the charges set forth in the formal statement:

      (a) Are true; and

      (b) Establish grounds for discipline pursuant to NRS 1.4653.

      7.  The Commission shall adopt rules regarding disclosure and discovery after the filing of a formal statement of charges.

      8.  By leave of the Commission, a statement of formal charges may be amended at any time, before the close of the hearing, to allege additional matters discovered in a subsequent investigation or to conform to proof presented at the hearing if the judge has adequate time, as determined by the Commission, to prepare a defense.

      Sec. 28.  NRS 1.4673 is hereby amended to read as follows:

      1.4673  [After holding a formal hearing on the merits of the charges filed pursuant to NRS 1.467, the Commission shall, in accordance with its procedural rules, dismiss the charges or discipline the justice or judge]

      1.  Unless a deferred discipline agreement has been entered into with the judge pursuant to NRS 1.468, a hearing on a formal statement of charges must be held. If practicable, the hearing must be held not later than 60 days after:

 


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      (a) The judge files an answer; or

      (b) The date on which the time period for filing an answer expires if the judge has not filed an answer and has not filed with the Commission a request for an extension of time before the expiration of the period for filing the answer.

      2.  If formal charges are filed against a judge:

      (a) The standard of proof in any proceedings following the formal statement of charges is clear and convincing evidence.

      (b) The burden of proof rests on the special counsel except where otherwise provided by specific statute.

      (c) The rules of evidence applicable to civil proceedings apply at a hearing held pursuant to subsection 1.

      3.  Within 60 days after the conclusion of a hearing on a formal statement of charges, the Commission shall prepare and adopt written findings of fact and conclusions of law that:

      (a) Dismiss all or part of the charges, if the Commission determines that the grounds for discipline have not been proven by clear and convincing evidence; or

      (b) Impose such disciplinary actions on the judge as deemed appropriate by the Commission [.], if the Commission determines that the grounds for discipline have been proven by clear and convincing evidence.

      Sec. 29.  NRS 1.4675 is hereby amended to read as follows:

      1.4675  1.  The Commission shall suspend a [justice or] judge from the exercise of office with salary:

      (a) While there is pending an indictment or information charging the [justice or] judge with a crime punishable as a felony pursuant to the laws of the State of Nevada or the United States; or

      (b) When the [justice or] judge has been adjudged mentally incompetent or insane.

      2.  The Commission may suspend a [justice or] judge from the exercise of office without salary if the [justice or] judge:

      (a) Pleads guilty, guilty but mentally ill or no contest to a charge of; or

      (b) Is found guilty or guilty but mentally ill of,

Ê a crime punishable as a felony pursuant to the laws of the State of Nevada or the United States. If the conviction is later reversed, the [justice or] judge must be paid his salary for the period of suspension.

      3.  In addition to the grounds set forth in subsection 2, the Commission may suspend a judge from the exercise of office without salary if the Commission determines that the judge:

      (a) Has committed serious and repeated willful misconduct;

      (b) Has willfully or persistently failed to perform the duties of his office; or

      (c) Is habitually intemperate,

Ê and the Commission determines that the circumstances surrounding such conduct, including, without limitation, any mitigating factors, merit disciplinary action more severe than censure but less severe than removal.

      4.  [The] During any stage of a disciplinary proceeding, the Commission may suspend [a justice or] the judge from the exercise of office with salary pending a final disposition of the complaint if the Commission determines, [pending a final determination in a judicial disciplinary proceeding,] by a preponderance of the evidence, that the [justice or] judge poses a substantial threat of serious harm to the public or to the administration of justice.

 


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ê2009 Statutes of Nevada, Page 1346 (Chapter 312, AB 496)ê

 

proceeding,] by a preponderance of the evidence, that the [justice or] judge poses a substantial threat of serious harm to the public or to the administration of justice.

      [4.] 5.  The Commission shall give the judge 7 days’ notice of its intention to suspend the judge pursuant to this section and shall give the judge an opportunity to respond. The Commission shall hold a public hearing before ordering such a suspension, unless the judge waives his right to the hearing. The decision of the Commission must be made public.

      6.  A [justice or] judge suspended pursuant to this section may appeal the suspension to the Supreme Court . [for reconsideration of the order.

      5.] If a judge appeals such a suspension:

      (a) The standard of review for such an appeal is an abuse of discretion standard; and

      (b) The proceedings held at the Supreme Court concerning the suspension must be open to the public.

      7.  Within 60 days after a decision by the Commission to suspend a judge pursuant to this section, the Commission shall:

      (a) Have a formal statement of charges filed against the judge;

      (b) Rescind the suspension; or

      (c) Enter into a deferred discipline agreement with the judge pursuant to NRS 1.468.

      8.  The Commission may suspend a [justice or] judge pursuant to this section only in accordance with its procedural rules.

      Sec. 30.  NRS 1.4677 is hereby amended to read as follows:

      1.4677  [In addition to or in lieu of removal or censure, the Commission may impose other forms of discipline on a justice or judge whom the Commission determines to have committed an act or engaged in a behavior in violation of subsection 1 or 2 of NRS 1.4653, including, but not limited to, requiring the justice or judge to:]

      1.  Pursuant to a deferred discipline agreement with the judge entered into pursuant to NRS 1.468 or based on a finding of misconduct following a hearing on a formal statement of charges, the Commission may take one or more of the following actions:

      (a) Publicly admonish, publicly reprimand or publicly censure a judge.

      (b) [Pay] Impose a fine [.

      2.  Serve a term of suspension] upon the judge.

      (c) Suspend the judge from office [.

      3.] without pay.

      (d) Require the judge to:

            (1) Complete a probationary period pursuant to conditions deemed appropriate by the Commission.

            [4.] (2) Attend training or educational courses.

            [5.] (3) Follow a remedial course of action.

            [6.] (4) Issue a public apology.

            [7.] (5) Comply with conditions or limitations on his future conduct.

            [8.] (6) Seek medical, psychiatric or psychological care or counseling and direct the provider of health care or counselor to report to the Commission regarding the condition or progress of the [justice or] judge.

      [9.  Agree not to seek]

      (e) Bar the judge from serving in a judicial office in the future.

      [10.  Perform any combination of the actions set forth in this section.]

 


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ê2009 Statutes of Nevada, Page 1347 (Chapter 312, AB 496)ê

 

      (f) Impose any other reasonable disciplinary action or combination of disciplinary actions that the Commission determines will curtail or remedy the misconduct of the judge.

      2.  The Commission may publicly admonish a judge pursuant to subsection 1 if the Commission determines that the judge has violated one or more of the provisions of the Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate and for which there are no aggravating factors.

      3.  The Commission may publicly reprimand a judge pursuant to subsection 1 if the Commission determines that the judge has violated one or more of the provisions of the Nevada Code of Judicial Conduct in a manner that is:

      (a) Not knowing or deliberate but for which there are aggravating factors; or

      (b) Knowing or deliberate but for which there are mitigating factors.

      Sec. 31.  NRS 1.468 is hereby amended to read as follows:

      1.468  1.  Except as otherwise provided in subsections 2 and 3, if the Commission reasonably believes that a [justice or] judge has committed an act or engaged in a behavior that would be addressed most appropriately through rehabilitation, treatment, education or minor corrective action, the Commission may enter into an agreement with the [justice or] judge to defer formal disciplinary proceedings and require the [justice or] judge to undergo the rehabilitation, treatment, education or minor corrective action.

      2.  The Commission may not enter into an agreement with a [justice or] judge to defer formal disciplinary proceedings if the Commission has determined, pursuant to NRS 1.467, that there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against the [justice or] judge pursuant to NRS 1.4653.

      3.  The Commission may enter into an agreement with a [justice or] judge to defer formal disciplinary proceedings only in response to misconduct that is minor in nature.

      4.  A deferred discipline agreement entered into pursuant to this section must be in writing and must specify the conduct that resulted in the agreement. A judge who enters into such an agreement must agree:

      (a) To the specified rehabilitation, treatment, education or minor corrective action;

      (b) To waive his right to a hearing before the Commission; and

      (c) That the agreement will not be protected by confidentiality for the purpose of any subsequent disciplinary proceedings against the judge,

Ê and the agreement must indicate that the judge agreed to the terms set forth in paragraphs (a), (b) and (c). Such an agreement must expressly authorize the Commission to revoke the agreement and proceed with any other disposition of the complaint or formal statement of charges authorized by NRS 1.467 if the Commission finds that the judge has failed to comply with a condition of the agreement.

      5.  The Executive Director of the Commission shall monitor the compliance of the judge with the agreement. The Commission may require the judge to document his compliance with the agreement. The Commission shall give the judge written notice of any alleged failure to comply with any condition of the agreement and shall allow the judge not less than 15 days to respond.

 


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ê2009 Statutes of Nevada, Page 1348 (Chapter 312, AB 496)ê

 

      6.  If the judge complies in a satisfactory manner with the conditions imposed in the agreement, the Commission may dismiss the complaint or take any other appropriate action.

      Sec. 32.  NRS 1.4683 is hereby amended to read as follows:

      1.4683  1.  Except as otherwise provided in this section and NRS [1.4693] 1.4675 and 239.0115, all proceedings of the Commission must remain confidential until the Commission makes a determination pursuant to NRS 1.467 and the [prosecuting attorney] special counsel files a formal statement of charges.

      2.  Except as otherwise provided in this section, before the filing of a formal statement of charges, a present or former member of the Commission, a present or former member of the staff of the Commission or a present or former independent contractor retained by the Commission shall not disclose information contained in a complaint or any other information relating to the allegations of misconduct or incapacity. Such persons:

      (a) May disclose such information to persons directly involved in the matter to the extent necessary for a proper investigation and disposition of the complaint; and

      (b) Shall conduct themselves in a manner that maintains the confidentiality of the disciplinary proceeding.

      3.  Nothing in this section prohibits a person who files a complaint with the Commission pursuant to NRS 1.4655, a judge against whom such a complaint is made or a witness from disclosing at any time the existence or substance of a complaint, investigation or proceeding. The immunity provided by NRS 1.465 does not apply to such a disclosure.

      4.  The confidentiality required pursuant to subsection 1 also applies to all information and materials, written or oral, received or developed by the Commission , [or] its staff or any independent contractors retained by the Commission in the course of its work and relating to the alleged misconduct or incapacity of a judge.

      [3.] 5.  The Commission shall disclose:

      (a) The report of a proceeding before the Commission; and

      (b) All testimony given and all materials filed in connection with such a proceeding,

Ê if a witness is prosecuted for perjury committed during the course of that proceeding.

      [4.  If the Commission determines at any stage in a disciplinary proceeding that there is an insufficient factual or legal basis to proceed, the Commission shall dismiss the complaint and may, at the request of the justice or judge named in the complaint, publicly issue an explanatory statement.

      5.  The Commission may issue press releases and other public statements to:

      (a) Explain the nature of its jurisdiction;

      (b) Explain the procedure for filing a complaint;

      (c) Explain limitations upon its powers and authority; and

      (d) Report on the conduct of its affairs.

Ê Such releases and statements must not, without the consent of the justice or judge concerned, disclose by name, position, address or other information the identity of a justice or judge or other person involved in a proceeding then pending before the Commission or that has been resolved without an order of censure, removal or retirement, unless formal charges have been filed after a determination pursuant to NRS 1.467.]

 


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ê2009 Statutes of Nevada, Page 1349 (Chapter 312, AB 496)ê

 

order of censure, removal or retirement, unless formal charges have been filed after a determination pursuant to NRS 1.467.]

      6.  Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, if the judge, a third person or the person who filed a complaint with the Commission pursuant to NRS 1.4655 has made the name of the judge against whom such a complaint is made public, the Commission may, at the request of the judge or on its own accord, issue an explanatory statement to maintain confidence in the judicial system and the Commission. In such a statement, the Commission may:

      (a) Confirm or deny that a complaint has been filed;

      (b) Confirm or deny that the Commission is conducting an investigation;

      (c) Confirm that the Commission has dismissed a complaint with or without a letter of caution; and

      (d) Confirm that the Commission has entered into a deferred discipline agreement with the judge.

      7.  In addition to the information authorized pursuant to subsection 6, a statement issued by the Commission pursuant to subsection 6 may correct any public misinformation concerning the disciplinary proceeding, clarify the procedures of the Commission relating to the disciplinary proceeding and explain that the judge has a right to a fair investigation and, if applicable, a fair hearing without prejudgment. The Commission shall submit such a statement to the judge concerned for comments before the Commission releases the statement. The Commission is not required to incorporate any comments made by the judge in the statement and may release the statement as originally drafted.

      8.  The Commission may, without disclosing the name of or any details that may identify the [justice or] judge involved, disclose the existence of a proceeding before it to the State Board of Examiners and the Interim Finance Committee to obtain additional money for its operation from the Contingency Fund established pursuant to NRS 353.266.

      [7.] 9.  No record of any medical examination, psychiatric evaluation or other comparable professional record made for use in an informal resolution pursuant to subsection [1] 4 of NRS 1.4665 may be made public at any time without the consent of the [justice or] judge concerned.

      10.  Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, the Commission may release confidential information:

      (a) To the appropriate law enforcement or prosecuting authorities if the Commission determines that it has reliable information which reveals possible criminal conduct by a judge, former judge or any other person;

      (b) Upon request to the Board of Governors of the State Bar of Nevada or other appropriate disciplinary authorities of the State Bar of Nevada if the Commission determines that it has reliable information that reveals a possible violation of the Rules of Professional Conduct by a judge, former judge or any other attorney; or

      (c) Pursuant to an order issued by a court of record of competent jurisdiction in this State or a federal court of record of competent jurisdiction.

      11.  Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, if a judge or former judge signs a waiver, the Commission may release confidential information concerning any complaints filed with the Commission pursuant to NRS 1.4655 that are pending or are closed and did not result in a dismissal to:

 


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ê2009 Statutes of Nevada, Page 1350 (Chapter 312, AB 496)ê

 

waiver, the Commission may release confidential information concerning any complaints filed with the Commission pursuant to NRS 1.4655 that are pending or are closed and did not result in a dismissal to:

      (a) An agency authorized to investigate the qualifications of persons for admission to practice law;

      (b) An appointing or nominating authority or a state or federal agency lawfully conducting investigations relating to the selection or appointment of judges; or

      (c) An agency conducting investigations relating to employment with a governmental agency or other employment.

      12.  If the Commission discloses information concerning a pending complaint to an agency or authority pursuant to subsection 11, the Commission shall subsequently disclose the disposition of the complaint to the agency or authority. The Commission shall send a copy of all information disclosed pursuant to subsection 11 to the judge concerned at the same time the Commission sends the information to the agency or authority.

      Sec. 33.  NRS 1.4687 is hereby amended to read as follows:

      1.4687  [Upon]

      1.  Except as otherwise provided in subsection 2:

      (a) Upon the filing of a formal statement of charges with the Commission by the [prosecuting attorney,] special counsel, the statement and other documents later formally filed with the Commission must be made accessible to the public, and hearings must be open.

      (b) If a formal statement of charges has not been filed with the Commission and the Commission holds a hearing to suspend a judge pursuant to NRS 1.4675, any transcript of the hearing and any documents offered as evidence at the hearing must be made accessible to the public.

      2.  Regardless of whether any formal statement of charges has been filed with the Commission, medical records and any other documents or exhibits offered as evidence which are privileged pursuant to chapter 49 of NRS must not be made accessible to the public.

      3.  The Commission’s deliberative sessions must remain private.

      4.  The filing of [the] a formal statement of charges does not justify the Commission, its counsel , [or] staff or independent contractors retained by the Commission in making public any correspondence, notes, work papers, interview reports or other evidentiary matter, except at the formal hearing or with explicit consent of the [justice or] judge named in the complaint.

      Sec. 34.  NRS 1.429, 1.4685 and 1.4693 are hereby repealed.

      Sec. 35.  1.  The amendatory provisions of this act apply only to:

      (a) A complaint filed with the Commission on Judicial Discipline on or after January 1, 2010; and

      (b) Any formal statement of charges filed with the Commission on or after January 1, 2010, as a result of a complaint described in paragraph (a).

      2.  As used in this section:

      (a) “Complaint” has the meaning ascribed to it in section 3 of this act.

      (b) “Formal statement of charges” has the meaning ascribed to it in section 4 of this act.

      Sec. 36.  This act becomes effective on January 1, 2010.

________

 


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ê2009 Statutes of Nevada, Page 1351ê

 

CHAPTER 313, AB 497

Assembly Bill No. 497–Committee on Judiciary

 

CHAPTER 313

 

AN ACT relating to the criminal justice system; providing for the collection and sharing of certain statistical data and information relating to the criminal justice system; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Corrections and the Division of Parole and Probation of the Department of Public Safety to provide certain information to the Advisory Commission on the Administration of Justice and to assist the Commission in carrying out its statutory duties. (NRS 176.0127) Section 1 of this bill requires the Central Repository for Nevada Records of Criminal History to facilitate the collection of statistical data, coordinate the exchange of such data with certain other entities involved in criminal justice and provide the Commission with available statistical data, information and research requested by the Commission.

      Section 3 of this bill requires the Department of Corrections to provide information and research to the Commission concerning rates of recidivism and the effectiveness of educational and vocational programs.

      Section 5 of this bill requires the Court Administrator to compile statistical information concerning criminal cases and include certain statistics regarding specialty court programs in the report that the Court Administrator is required to provide to the Legislature before each legislative session concerning specialty court programs. Section 5 also deletes obsolete statutory language referring to a report that was required to be made to the Legislature in 2007.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Central Repository for Nevada Records of Criminal History shall:

      1.  Facilitate the collection of statistical data in the manner approved by the Director of the Department of Public Safety and coordinate the exchange of such data with agencies of criminal justice within this State, including:

      (a) State and local law enforcement agencies;

      (b) The Office of the Attorney General;

      (c) The Court Administrator;

      (d) The Department of Corrections; and

      (e) The Division.

      2.  Provide the Commission with available statistical data and information requested by the Commission.

      Sec. 2.  NRS 176.0121 is hereby amended to read as follows:

      176.0121  As used in NRS 176.0121 to 176.0129, inclusive, and section 1 of this act, “Commission” means the Advisory Commission on the Administration of Justice.

 


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ê2009 Statutes of Nevada, Page 1352 (Chapter 313, AB 497)ê

 

      Sec. 3.  NRS 176.0127 is hereby amended to read as follows:

      176.0127  1.  The Department of Corrections shall:

      (a) Provide the Commission with any available statistical information or research requested by the Commission and assist the Commission in the compilation and development of information requested by the Commission, including, but not limited to, information or research concerning the facilities and institutions of the Department of Corrections, the offenders who are or were within those facilities or institutions , rates of recidivism, the effectiveness of educational and vocational programs and the sentences which are being served or were served by those offenders;

      (b) If requested by the Commission, make available to the Commission the use of the computers and programs which are owned by the Department of Corrections; and

      (c) Provide the independent contractor retained by the Department of Administration pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.

      2.  The Division shall:

      (a) Provide the Commission with any available statistical information or research requested by the Commission and assist the Commission in the compilation and development of information concerning sentencing, probation, parole and any offenders who are or were subject to supervision by the Division;

      (b) If requested by the Commission, make available to the Commission the use of the computers and programs which are owned by the Division; and

      (c) Provide the independent contractor retained by the Department of Administration pursuant to NRS 176.0129 with any available statistical information requested by the independent contractor for the purpose of performing the projections required by NRS 176.0129.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 1.360 is hereby amended to read as follows:

      1.360  Under the direction of the Supreme Court, the Court Administrator shall:

      1.  Examine the administrative procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this State and make recommendations, through the Chief Justice, for the improvement of those procedures;

      2.  Examine the condition of the dockets of the courts and determine the need for assistance by any court;

      3.  Make recommendations to and carry out the directions of the Chief Justice relating to the assignment of district judges where district courts are in need of assistance;

      4.  Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the State Court System and transmit that information to the Supreme Court so that proper action may be taken in respect thereto;

      5.  Prepare and submit a budget of state appropriations necessary for the maintenance and operation of the State Court System and make recommendations in respect thereto;

      6.  Develop procedures for accounting, internal auditing, procurement and disbursement for the State Court System;

 


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ê2009 Statutes of Nevada, Page 1353 (Chapter 313, AB 497)ê

 

      7.  Collect statistical and other data and make reports relating to the expenditure of all public money for the maintenance and operation of the State Court System and the offices connected therewith;

      8.  Compile statistics from the information required to be maintained by the clerks of the district courts pursuant to NRS 3.275 regarding criminal and civil cases and make reports as to the cases filed in the district courts;

      9.  Formulate and submit to the Supreme Court recommendations of policies or proposed legislation for the improvement of the State Court System;

      10.  On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report compiling the information submitted to the Court Administrator pursuant to NRS 3.243, 4.175 and 5.045 during the immediately preceding fiscal year;

      11.  On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau a written report concerning:

      (a) The distribution of money deposited in the special account created pursuant to NRS 176.0613 to assist with funding and establishing specialty court programs;

      (b) The current status of any specialty court programs to which money from the account was allocated since the last report; and

      (c) Statistics compiled from information required to be maintained by clerks of the district courts pursuant to NRS 3.275 concerning specialty courts, including, without limitation, the number of participants in such programs, the nature of the criminal charges that were filed against participants, the number of participants who have completed the programs and the disposition of the cases.

      (d) Such other related information as the Court Administrator deems appropriate;

      12.  On or before February 15 of each odd-numbered year, submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling the information submitted by clerks of courts to the Court Administrator pursuant to NRS 630.307 and 633.533 which includes only aggregate information for statistical purposes and excludes any identifying information related to a particular person;

      [13.  On or before February 15, 2007, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning the effectiveness of participation in counseling sessions in a program for the treatment of persons who commit domestic violence ordered by a court pursuant to NRS 200.485 and the effect of such counseling sessions on recidivism of the offenders who commit battery which constitutes domestic violence pursuant to NRS 33.018;] and

      [14.] 13.  Attend to such other matters as may be assigned by the Supreme Court or prescribed by law.

      Sec. 5.5.  NRS 3.275 is hereby amended to read as follows:

      3.275  1.  The clerk of each district court shall obtain and file information regarding the nature of each criminal and civil case filed with the district court. If the criminal case is referred to a specialty court program, the clerk must obtain and file information regarding the nature of the case and the program to which the defendant was referred.

      2.  The clerk shall provide a form approved by the Court Administrator for obtaining the information required by subsection 1. No criminal or civil case may be filed in the district court unless the initial pleading is accompanied by the form, signed by the initiating party or his representative.

 


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ê2009 Statutes of Nevada, Page 1354 (Chapter 313, AB 497)ê

 

case may be filed in the district court unless the initial pleading is accompanied by the form, signed by the initiating party or his representative. In addition to the information on the form, the clerk shall maintain information concerning the disposition of each criminal case and, if applicable, whether the defendant successfully completed a specialty court program.

      3.  The clerk shall maintain the information contained in the form and collected pursuant to subsection 2 in a separate system of filing to allow the retrieval of statistics relating to [the number, nature and date of] each criminal and civil action filed in the district courts.

      Sec. 6.  This act becomes effective on July 1, 2010.

________

 

CHAPTER 314, AB 500

Assembly Bill No. 500–Committee on Judiciary

 

CHAPTER 314

 

AN ACT relating to domestic relations; revising provisions relating to adoptions; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that a person may consent to the adoption of his child, and the child will be relinquished either to an agency or to the person to whom consent to adopt is given, if the adoption is a specific adoption. (NRS 127.040, 127.053) Section 2 of this bill provides that, in a specific adoption, the person to whom consent is given assumes legal custody and legal responsibility for the child as soon as consent for the adoption is executed.

      Section 11 of this bill requires a child-placing agency licensed by the Division of Child and Family Services of the Department of Health and Human Services to include certain information confirming its licensure in any advertisement concerning its services. (NRS 127.310)

      Section 14 of this bill provides that certain sections of this bill may apply retroactively and prospectively to petitions for adoption.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  Chapter 127 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person to whom consent to adopt a child is given for a specific adoption pursuant to NRS 127.053 has, at the time the consent is executed, legal custody over the child and is legally responsible for the child until a court holds a hearing to enter an order or decree of adoption or to deny the petition pursuant to the laws of this State or another state.

      Sec. 3.  NRS 127.005 is hereby amended to read as follows:

      127.005  The provisions of NRS 127.010 to 127.1895, inclusive, and section 2 of this act govern the adoption of minor children, and the provisions of NRS 127.190, 127.200 and 127.210 and the provisions of NRS 127.010 to 127.1895, inclusive, and section 2 of this act, where not inconsistent with the provisions of NRS 127.190, 127.200 and 127.210, govern the adoption of adults.

 


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ê2009 Statutes of Nevada, Page 1355 (Chapter 314, AB 500)ê

 

NRS 127.010 to 127.1895, inclusive, and section 2 of this act, where not inconsistent with the provisions of NRS 127.190, 127.200 and 127.210, govern the adoption of adults.

      Secs. 4-10.  (Deleted by amendment.)

      Sec. 11.  NRS 127.310 is hereby amended to read as follows:

      127.310  1.  Except as otherwise provided in NRS 127.240, 127.283 and 127.285, any person or organization other than an agency which provides child welfare services who, without holding a valid , unrevoked license to place children for adoption issued by the Division:

      (a) Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or

      (b) Advertises in any periodical or newspaper, or by radio or other public medium, that he will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,

Ê is guilty of a misdemeanor.

      2.  Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of NRS 127.280, 127.2805 and 127.2815 is guilty of a misdemeanor.

      3.  A periodical, newspaper, radio station or other public medium is not subject to any criminal penalty or civil liability for publishing or broadcasting an advertisement that violates the provisions of this section.

      4.  A child-placing agency shall include in any advertisement concerning its services published in any periodical or newspaper or by radio or other public medium a statement which:

      (a) Confirms that the child-placing agency holds a valid, unrevoked license issued by the Division; and

      (b) Indicates any license number issued to the child-placing agency by the Division.

      Secs. 12 and 13.  (Deleted by amendment.)

      Sec. 14.  The amendatory provisions of sections 2 and 3 of this act apply to a petition for adoption that is filed pursuant to chapter 127 of NRS before, on or after October 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 1356ê

 

CHAPTER 315, AB 534

Assembly Bill No. 534–Committee on Ways and Means

 

CHAPTER 315

 

AN ACT making a supplemental appropriation to the Office for Consumer Health Assistance in the Office of the Governor for unanticipated shortfalls in Fiscal Year 2008-2009 for the Bureau for Hospital Patients; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Office for Consumer Health Assistance in the Office of the Governor the sum of $181,169 for the Bureau for Hospital Patients to address the incorrect reversion of prior fiscal year annual assessments paid by certain hospitals. This appropriation is supplemental to that made by section 2 of chapter 350, Statutes of Nevada 2007, at page 1694.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 316, AB 547

Assembly Bill No. 547–Committee on Ways and Means

 

CHAPTER 316

 

AN ACT relating to state financial administration; revising provisions governing the renewal of the registration of a motor vehicle; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides for a fee of $250 to reinstate the registration of a motor vehicle that was suspended because the registered owner failed to have insurance on the date specified in the form for verification that was mailed to the owner, and for a fee of $50 for a registered owner of a dormant vehicle who cancelled or allowed the insurance coverage to expire before cancelling the registration of the vehicle. (NRS 482.480) The proceeds collected from the fees are deposited in the Account for Verification of Insurance and used to carry out the provisions of law relating to proof of insurance for motor vehicles.

      Sections 1.3 and 1.7 of this bill revise provisions governing the renewal of the registration of motor vehicles to require, in relevant part, that a notification for the renewal of registration which is mailed to the holder of a certificate of registration must set forth certain information concerning: (1) the requirement to maintain motor vehicle liability insurance pursuant to NRS 485.185; and (2) any other applicable requirements set forth in chapter 485 of NRS and any regulations adopted pursuant thereto.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 1357 (Chapter 316, AB 547)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 1.3.  NRS 482.280 is hereby amended to read as follows:

      482.280  1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The Department shall mail to each holder of a certificate of registration [an application] a notification for renewal of registration for the following period of registration. The [applications] notifications must be mailed by the Department in sufficient time to allow all applicants to mail the [applications] notifications to the Department or to renew the certificate of registration at a kiosk or authorized inspection station or via the Internet or an interactive response system and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present or submit the [application] notification to any agent or office of the Department.

      2.  [An application:] A notification:

      (a) Mailed or presented to the Department or to a county assessor pursuant to the provisions of this section;

      (b) Submitted to the Department pursuant to NRS 482.294; or

      (c) Presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281,

Ê must include, if required, evidence of compliance with standards for control of emissions.

      3.  The Department shall [insert in each application] include with each notification mailed pursuant to subsection 1:

      (a) The amount of the governmental services tax to be collected for the county pursuant to the provisions of NRS 482.260.

      (b) The amount set forth in a notice of nonpayment filed with the Department by a local authority pursuant to NRS 484.444.

      (c) A statement which informs the applicant [that,] :

            (1) That, pursuant to NRS 485.185, he is legally required to maintain insurance during the period in which the motor vehicle is registered [.] which must be provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State; and

            (2) Of any other applicable requirements set forth in chapter 485 of NRS and any regulations adopted pursuant thereto.

      4.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the Department as it may find necessary for the issuance of the new plate or plates or card of registration.

      Sec. 1.5.  (Deleted by amendment.)

 


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ê2009 Statutes of Nevada, Page 1358 (Chapter 316, AB 547)ê

 

      Sec. 1.7.  NRS 485.137 is hereby amended to read as follows:

      485.137  1.  The department shall publish a leaflet which summarizes and explains the requirements and provisions of this chapter.

      2.  The department shall:

      (a) Make copies of the leaflet available without charge to all licensed drivers in this State, to all public school pupils who are of driving age, and to the public.

      (b) Cause a copy of the leaflet to be delivered to each applicant for a new registration of a vehicle.

      [(c) Enclose a copy of the leaflet with each application for a renewal of registration of a vehicle which is mailed to the applicant pursuant to law.]

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  1.  This section and sections 1.3 to 2, inclusive, of this act become effective on July 1, 2009.

      2.  Section 1 of this act becomes effective on July 1, 2011.

________

 

CHAPTER 317, AB 549

Assembly Bill No. 549–Committee on Ways and Means

 

CHAPTER 317

 

AN ACT relating to state financial administration; temporarily suspending the requirement to transfer money from the Abandoned Property Trust Account in the State General Fund to the Millennium Scholarship Trust Fund; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the first $7,600,000 of the balance in the Abandoned Property Trust Account in the State General Fund, after the transfer of money to the Educational Trust Fund, is required to be transferred by the end of each fiscal year to the Millennium Scholarship Trust Fund. (NRS 120A.620) By resolution, the Nevada Legislature determined during the 24th Special Session that the suspension of the requirement to make this transfer for Fiscal Year 2008-2009 was necessitated by the economic downturn. (File No. 2, Statutes of Nevada 2008, 24th Special Session, p. 20) This bill implements that resolution by suspending the requirement for the transfer during the fiscal year ending on June 30, 2009.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Notwithstanding the provisions of subsection 5 of NRS 120A.620, the requirement to transfer $7,600,000 from the Abandoned Property Trust Account in the State General Fund to the Millennium Scholarship Trust Fund created pursuant to NRS 396.926 is suspended for the fiscal year ending on June 30, 2009.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 1359ê

 

CHAPTER 318, AB 556

Assembly Bill No. 556–Committee on Ways and Means

 

CHAPTER 318

 

AN ACT relating to the State Department of Agriculture; eliminating the position of Weed Control Analyst within the Department; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law creates the position of Weed Control Analyst within the State Department of Agriculture, sets forth the eligibility requirements for the person appointed to the position and sets forth the duties of the Weed Control Analyst. (NRS 555.031, 555.033) This bill eliminates the position of Weed Control Analyst.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 555.031 and 555.033 are hereby repealed.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 319, AB 557

Assembly Bill No. 557–Committee on Ways and Means

 

CHAPTER 319

 

AN ACT making a supplemental appropriation to the Department of Corrections for unanticipated shortfalls in Fiscal Year 2008-2009 for increased costs at various facilities; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $2,872,874 for increased costs at various facilities to be allocated as follows:

      1.  For projected shortfalls in the utility budget for the Fiscal Year 2008-2009, the sum of $875,878 allocated as follows:

      (a) Prison Medical Care.................................................................. $19,809

      (b) Warm Springs Correctional Center........................................ $48,537

      (c) Northern Nevada Correctional Center................................. $322,167

      (d) Stewart Conservation Camp.................................................... $28,872

      (e) Pioche Conservation Camp...................................................... $40,873

      (f) Southern Desert Correctional Center................................... $165,831

      (g) Ely State Prison.......................................................................... $65,852

      (h) Lovelock Correctional Center.............................................. $183,937

 


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ê2009 Statutes of Nevada, Page 1360 (Chapter 319, AB 557)ê

 

      2.  For projected shortfalls in the revenue budget for the Fiscal Year 2008-2009, the sum of $600,320 allocated as follows:

      (a) Warm Springs Correctional Center......................................... $47,394

      (b) Stewart Conservation Camp...................................................... $7,788

      (c) Pioche Conservation Camp........................................................... $709

      (d) Southern Desert Correctional Center..................................... $11,007

      (e) Ely State Prison.......................................................................... $16,268

      (f) Lovelock Correctional Center................................................. $40,552

      (g) Casa Grande Transitional Housing....................................... $476,602

      3.  For projected shortfalls in the personnel budget for the Fiscal Year 2008-2009, the sum of $708,564 allocated as follows:

      (a) Prison Medical Care............................................................... $138,333

      (b) Warm Springs Correctional Center........................................ $64,142

      (c) Northern Nevada Correctional Center................................. $202,258

      (d) Ely State Prison....................................................................... $303,831

      4.  For projected shortfalls in the operating budget for the Fiscal Year 2008-2009, the sum of $6,414 for Ely State Prison.

      5.  For projected shortfalls in the maintenance budget for the Fiscal Year 2008-2009, the sum of $8,815 for Ely State Prison.

      6.  For projected shortfalls in the inmate-driven budget for the Fiscal Year 2008-2009, the sum of $672,883 allocated as follows:

      (a) Prison Medical Care............................................................... $170,371

      (b) Warm Springs Correctional Center........................................... $9,886

      (c) Southern Desert Correctional Center................................... $492,626

      Sec. 2.  The appropriation made in section 1 of this act is supplemental to that made by section 23 of chapter 350, Statutes of Nevada 2007, at page 1698.

      Sec. 3.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

      Sec. 4.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 1361ê

 

CHAPTER 320, AB 560

Assembly Bill No. 560–Committee on Ways and Means

 

CHAPTER 320

 

AN ACT relating to education; reorganizing the composition of the Regional Training Programs for the Professional Development of Teachers and Administrators; revising provisions governing the membership of the Statewide Council for the Coordination of the Regional Training Programs; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law creates four Regional Training Programs for the Professional Development of Teachers and Administrators as follows: (1) the Southern Nevada Regional Training Program; (2) the Western Nevada Regional Training Program; (3) the Northeastern Nevada Regional Training Program; and (4) the Northwestern Nevada Regional Training Program. Section 1 of this bill eliminates the Western Nevada Regional Training Program and reorganizes the composition of the three remaining Regional Training Programs to include the school districts formerly included in the Western Nevada Regional Training Program. (NRS 391.512)

      Existing law creates the Statewide Council for the Coordination of the Regional Training Programs, consisting of nine members including members representing each Regional Training Program. Section 2 of this bill revises the membership of the Statewide Council to reduce the number of members to seven, and section 3 of this bill expires the terms of the two members of the Statewide Council who represent the Western Nevada Regional Training Program.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 391.512 is hereby amended to read as follows:

      391.512  1.  There are hereby created the Southern Nevada Regional Training Program, [the Western Nevada Regional Training Program,] the Northeastern Nevada Regional Training Program and the Northwestern Nevada Regional Training Program. The governing body of each regional training program shall establish and operate a:

      (a) Regional training program for the professional development of teachers and administrators.

      (b) Nevada Early Literacy Intervention Program through the regional training program established pursuant to paragraph (a).

      2.  Except as otherwise provided in subsection [6,] 5, the Southern Nevada Regional Training Program must primarily provide services to teachers and administrators who are employed by school districts in:

      (a) Clark County;

      (b) Esmeralda County;

      (c) Lincoln County; [and]

      (d) Mineral County; and

      (e) Nye County.

      3.  [Except as otherwise provided in subsection 6, the Western Nevada Regional Training Program must primarily provide services to teachers and administrators who are employed by school districts in:

      (a) Carson City;

 


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ê2009 Statutes of Nevada, Page 1362 (Chapter 320, AB 560)ê

 

      (b) Churchill County;

      (c) Douglas County;

      (d) Lyon County; and

      (e) Mineral County.

      4.]  Except as otherwise provided in subsection [6,] 5, the Northeastern Nevada Regional Training Program must primarily provide services to teachers and administrators who are employed by school districts in:

      (a) Churchill County;

      (b) Elko County;

      [(b)] (c) Eureka County;

      [(c)] (d) Lander County;

      [(d)] (e) Humboldt County; [and

      (e)] (f) Pershing County; and

      (g) White Pine County.

      [5.] 4.  Except as otherwise provided in subsection [6,] 5, the Northwestern Nevada Regional Training Program must primarily provide services to teachers and administrators who are employed by school districts in:

      (a) [Pershing County;] Carson City;

      (b) Douglas County;

      (c) Lyon County;

      (d) Storey County; and

      [(c)] (e) Washoe County.

      [6.] 5.  Each regional training program shall, when practicable, make reasonable accommodations for the attendance of teachers and administrators who are employed by school districts outside the primary jurisdiction of the regional training program.

      [7.] 6.  The board of trustees of the:

      (a) Clark County School District shall serve as the fiscal agent for the Southern Nevada Regional Training Program.

      (b) [Douglas County School District shall serve as the fiscal agent for the Western Nevada Regional Training Program.

      (c)] Elko County School District shall serve as the fiscal agent for the Northeastern Nevada Regional Training Program.

      [(d)] (c) Washoe County School District shall serve as the fiscal agent for the Northwestern Nevada Regional Training Program.

Ê As fiscal agent, each school district is responsible for the payment, collection and holding of all money received from this State for the maintenance and support of the regional training program and Nevada Early Literacy Intervention Program established and operated by the applicable governing body.

      Sec. 2.  NRS 391.516 is hereby amended to read as follows:

      391.516  1.  The Statewide Council for the Coordination of the Regional Training Programs, consisting of [nine] seven members, is hereby created. The membership of the Council consists of:

      (a) Each coordinator hired by the governing body of each regional training program pursuant to NRS 391.532.

      (b) One member of the governing body of each regional training program, appointed by the governing body. The member appointed pursuant to this paragraph may appoint a designee to serve in his place.

      (c) One representative of the Nevada State Education Association, appointed by the President of that Association.

 


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ê2009 Statutes of Nevada, Page 1363 (Chapter 320, AB 560)ê

 

      2.  Each coordinator who serves on the Statewide Council is a member of the Statewide Council only for the period of his service as coordinator of the regional training program pursuant to NRS 391.532.

      3.  Each member appointed by the governing body pursuant to paragraph (b) of subsection 1 and the member appointed pursuant to paragraph (c) of subsection 1 serve a term of 2 years.

      4.  Members of the Statewide Council serve without salary, but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which a member attends a meeting of the Statewide Council or is otherwise engaged in the work of the Statewide Council. For the members of the Statewide Council who are appointed pursuant to paragraphs (a) and (b) of subsection 1, the governing body of the regional training program represented by those members shall pay the per diem allowance and travel expenses. For the member of the Statewide Council who is appointed pursuant to paragraph (c) of subsection 1, the Nevada State Education Association shall pay the per diem allowance and travel expenses.

      5.  The governing bodies of the regional training programs may mutually agree to expend a portion of their respective budgets to pay for the administrative support of the Statewide Council.

      Sec. 3.  The terms of the members serving on the Statewide Council for the Coordination of the Regional Training Programs for the Professional Development of Teachers and Administrators who represent the Western Nevada Regional Training Program expire on June 30, 2009.

      Sec. 4.  1.  On or before July 1, 2009, the Western Nevada Regional Training Program shall transfer to each board of trustees of a school district whose personnel were served by that Regional Training Program all records of training of those personnel in the possession of that Regional Training Program.

      2.  On or before July 1, 2009, the Northwestern Nevada Regional Training Program shall transfer to the Board of Trustees of the Pershing County School District all records of training in the possession of that Regional Training Program of personnel who are employed by that school district and who were served by that Regional Training Program.

      Sec. 5.  1.  This section and sections 3 and 4 of this act become effective upon passage and approval.

      2.  Sections 1 and 2 of this act become effective on July 1, 2009.

________

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 1364ê

 

CHAPTER 321, SB 358

Senate Bill No. 358–Committee on Energy, Infrastructure and Transportation

 

CHAPTER 321

 

AN ACT relating to energy; creating the Renewable Energy and Energy Efficiency Authority; establishing the position of the Nevada Energy Commissioner; revising provisions related to energy and state and residential property; revising provisions related to public utility rates; revising provisions related to capacity and incentives in certain renewable energy programs; requiring the Public Utilities Commission of Nevada to adopt regulations authorizing electric utilities to recover certain costs; authorizing local governing bodies to establish improvement districts for the construction and installation of certain renewable energy projects, energy efficiency projects and public safety projects; abolishing the Task Force for Renewable Energy and Energy Conservation; transferring authority for the administration of the Trust Fund for Renewable Energy and Energy Conservation from the Task Force to the Authority; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 1.19 of this bill creates the Renewable Energy and Energy Efficiency Authority. Sections 1.73 and 1.75 of this bill set forth certain duties of the Authority. Section 1.73 transfers the authority for administration of the Trust Fund for Renewable Energy and Energy Conservation from the Task Force for Renewable Energy and Energy Conservation to the Authority.

      Section 1.21 of this bill creates the position of the Nevada Energy Commissioner. The Commissioner is the head of the Authority. Sections 1.21-1.25, 1.55-1.59, 1.63 and 1.67-1.71 of this bill set forth the powers and duties of the Commissioner and transfer certain duties from the Director of the Office of Energy to the Commissioner.

      Section 1.27 of this bill creates the State and Local Government Panel on Renewable and Efficient Energy, which will advise the Commissioner and the Authority on issues relating to the viability and progress of energy efficiency and renewable energy retrofit projects at public buildings and schools. Section 1.35 of this bill creates the New Energy Industry Task Force, which will advise the Commissioner and the Authority on measures to promote the development of renewable energy and energy efficiency projects in this State.

      Sections 1.47-1.53 and 1.61 of this bill revise the powers and duties of the Director of the Office of Energy.

      Section 11.7 of this bill reduces the amount of the mill tax which is available for the use of the Public Utilities Commission of Nevada and authorizes the levying and assessment of a portion of the mill tax against electric and natural gas utilities for the use of the Authority and the Office of Energy, in amounts determined by the Legislature, or the Interim Finance Committee if the Legislature is not in session. Section 20.7 of this bill requires the Commissioner and the Director of the Office of Energy to apply for and accept any money available pursuant to the American Recovery and Reinvestment Act of 2009.

      Sections 1.83-9 and 20 of this bill revise provisions related to the administration of and the capacity and incentives in the Solar Energy Systems Incentive Program, the Wind Energy Systems Demonstration Program and the Waterpower Energy Systems Demonstration Program. (NRS 701B.200, 701B.260, 701B.590, 701B.620, 701B.840, 701B.850)

 


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ê2009 Statutes of Nevada, Page 1365 (Chapter 321, SB 358)ê

 

      Sections 1.89, 1.9, 1.91 and 1.97-3 of this bill revise provisions governing the Solar Energy Systems Incentive Program. Section 3 of this bill provides that for each program year for the period beginning July 1, 2010, and ending on June 30, 2021, the total capacity of the Solar Energy Systems Incentive Program increases by 9 percent per program year, which additional amount of capacity must be approved for distributed generation systems. Section 2 of this bill requires the Commission to adopt regulations authorizing a utility to recover the reasonable costs incurred in carrying out and administering the installation of such distributed generation systems. Section 20.1 of this bill requires the Commission to make certain reports to the Legislature concerning the Solar Program.

      Sections 1.92, 1.93 and 4.3-5.5 of this bill revise provisions governing the Wind Energy Systems Demonstration Program. Section 5 requires the Commission to adopt regulations to carry out the Wind Demonstration Program in a manner designed to meet the goal of the Legislature of the installation of not less than 5 megawatts of wind energy systems in this State by 2012.

      Sections 1.95 and 7.1-9 of this bill revise provisions governing the Waterpower Energy Systems Demonstration Program. Section 8 requires the Commission to carry out the Waterpower Demonstration Program in a manner designed to meet the goal of the Legislature of the installation of not less than 500 kilowatts of waterpower energy systems in this State by 2012.

      Section 20 of this bill requires the Commission to adopt regulations to carry out the renewable energy programs consistent with the provisions of chapter 701B of NRS as amended by this bill. Section 20 also provides that the incentives offered to participants in each of the programs on July 1, 2008, must continue to be offered to participants in the program until the Commission establishes different incentives. Section 20 further requires that any capacity from previous program years which was authorized for the Solar Energy Systems Incentive Program and which remains unallocated on July 1, 2009, be allocated as soon as practicable to qualified applicants who were placed on the prioritized waiting list established pursuant to the former provisions of NRS 701B.260 before July 1, 2009.

      Section 11 of this bill revises provisions governing the allocation of certain money for a program to improve energy conservation and energy efficiency in certain residential properties. (NRS 702.275)

      Section 11.1 of this bill authorizes the Commission, within the limits of Legislative authorization, to fix the salaries of certain professional, technical and operational personnel.

      Section 11.25 of this bill requires the Commission to adopt regulations requiring electric utilities to provide certain information to retail customers concerning the safe disposal and recycling of electronic waste, electrical systems and other waste, including, without limitation, compact fluorescent light bulbs.

      Section 11.3 of this bill requires the Commission to adopt regulations authorizing an electric utility to recover an amount that is attributable to the measurable and verifiable effects associated with the implementation by the electric utility of energy efficiency and conservation programs approved by the Commission.

      Section 12 of this bill amends provisions related to rates of public utilities. (NRS 704.110)

      Sections 18.1-18.9 of this bill authorize the governing body of a county, city or town to establish an improvement district for the construction and installation of a renewable energy project, an energy efficiency project or a public safety project.

      Section 19 of this bill amends provisions related to tracking the use of energy in buildings owned by the State or occupied by a state agency. (NRS 331.095)

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 1366 (Chapter 321, SB 358)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 1.11.  Chapter 701 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.13 to 1.41, inclusive, of this act.

      Sec. 1.13.  “Authority” means the Renewable Energy and Energy Efficiency Authority created by section 1.19 of this act.

      Sec. 1.15.  “Commissioner” means the Nevada Energy Commissioner appointed pursuant to section 1.21 of this act.

      Sec. 1.17.  “Panel” means the State and Local Government Panel on Renewable and Efficient Energy created by section 1.27 of this act.

      Sec. 1.19.  1.  The Renewable Energy and Energy Efficiency Authority is hereby created. The Commissioner is the head of the Authority.

      2.  The Authority may request assistance from the Public Utilities Commission of Nevada regarding the use of any resources of the Commission in general.

      Sec. 1.21.  1.  The Governor shall appoint the Nevada Energy Commissioner as the head of the Authority, subject to confirmation by the Legislature, or the Legislative Commission if the Legislature is not in session.

      2.  The Commissioner:

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

      (b) Serves at the pleasure of the Governor; and

      (c) Must have experience and demonstrated expertise in one or more of the following fields:

            (1) Financing of energy projects;

            (2) Energy generation projects;

            (3) Energy transmission projects;

            (4) Professional engineering related to energy efficiency; or

            (5) Renewable energy.

      3.  The Commissioner may, within the limits of legislative appropriations or authorizations:

      (a) Employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of his duties and the operation of the Authority may require;

      (b) Employ, or retain on a contract basis, legal counsel who shall:

            (1) Be counsel and attorney for the Commissioner and the Authority in all actions, proceedings and hearings; and

            (2) Generally aid the Authority in the performance of its duties; and

      (c) Employ such additional personnel as may be required to carry out the duties of the Authority, who must be in the classified service of the State.

      4.  A person employed by the Commissioner pursuant to this section must be qualified by training and experience to perform the duties of his employment.

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

      Sec. 1.23.  The Commissioner shall:

 


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ê2009 Statutes of Nevada, Page 1367 (Chapter 321, SB 358)ê

 

      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 Commissioner 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; and

      (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.

      5.  Cooperate with the Director:

 


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ê2009 Statutes of Nevada, Page 1368 (Chapter 321, SB 358)ê

 

      (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 Commissioner 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).

      6.  Coordinate the activities and programs of the Authority with the activities and programs of the Office of Energy, 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.

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

      Sec. 1.25.  The Commissioner may:

      1.  Administer any gifts or grants which the Authority is authorized to accept.

      2.  To the extent not inconsistent with the terms or conditions of a gift, grant, appropriation or authorization, expend money received from those gifts or grants or from any money received through legislative appropriations or authorizations 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.  Participate in any program established by the Federal Government relating to sources of energy and adopt regulations to carry out such a program.

      5.  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.

      6.  Adopt any regulations that the Commissioner determines are necessary to carry out the duties of the Commissioner or the Authority.

      7.  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 Commissioner or the Authority.

      Sec. 1.27.  1.  The State and Local Government Panel on Renewable and Efficient Energy is hereby created.

      2.  The Panel consists of the Commissioner and the following seven members appointed by the Commissioner:

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

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

 


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ê2009 Statutes of Nevada, Page 1369 (Chapter 321, SB 358)ê

 

      (c) A representative of the Buildings and Grounds 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.

      Sec. 1.29.  1.  The Commissioner is the Chairman of the Panel.

      2.  The members of the Panel shall meet at the call of the Commissioner. 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 Commissioner.

      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.

      Sec. 1.31.  The Panel:

      1.  Shall advise the Commissioner and the Authority 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.

      Sec. 1.33.  The Authority shall provide the personnel, facilities, equipment and supplies required by the Panel to carry out the provisions of sections 1.27 to 1.33, inclusive, of this act.

      Sec. 1.35.  1.  The New Energy Industry Task Force is hereby created.

      2.  The Task Force consists of the Commissioner and the following eight members who must be appointed by the Commissioner subject to the review and approval of the appointments by the Legislature, or the Legislative Commission if the Legislature is not in session:

      (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;

 


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ê2009 Statutes of Nevada, Page 1370 (Chapter 321, SB 358)ê

 

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

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

      Sec. 1.37.  1.  The Commissioner is the Chairman of the Task Force.

      2.  The members of the Task Force shall meet at the call of the Commissioner. 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 Commissioner.

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

      Sec. 1.39.  The Task Force:

      1.  Shall advise the Commissioner and the Authority 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.

      Sec. 1.41.  The Authority shall provide the personnel, facilities, equipment and supplies required by the Task Force to carry out the provisions of sections 1.35 to 1.41, inclusive, of this act.

      Sec. 1.43.  NRS 701.020 is hereby amended to read as follows:

      701.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 701.030 to 701.090, inclusive, and sections 1.13, 1.15 and 1.17 of this act have the meanings ascribed to them in those sections.

      Sec. 1.45.  NRS 701.090 is hereby amended to read as follows:

      701.090  “Task Force” means the New Energy Industry Task Force [for Renewable Energy and Energy Conservation] created by [NRS 701.350.] section 1.35 of this act.

      Sec. 1.47.  NRS 701.160 is hereby amended to read as follows:

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

      1.  The Governor and the Commissioner on or before [January 30] July 1 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] July 1 of each [odd-numbered] even-numbered year.

      Sec. 1.49.  NRS 701.170 is hereby amended to read as follows:

      701.170  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.  [Expend] 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.

 


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ê2009 Statutes of Nevada, Page 1371 (Chapter 321, SB 358)ê

 

      4.  [Participate in any program established by the Federal Government relating to sources of energy and adopt regulations appropriate to that program.

      5.  Assist developers of renewable energy generation projects 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.

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

      [7.] 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 he 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.

      [8.] 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.

      Sec. 1.51.  NRS 701.180 is hereby amended to read as follows:

      701.180  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.  [Utilize all available public and private means to provide information to the public about problems relating to energy and to explain how conservation of energy and its sources may be accomplished.

      3.]  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.

 


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ê2009 Statutes of Nevada, Page 1372 (Chapter 321, SB 358)ê

 

      [4.] 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.

      [5.  Encourage the development of:

      (a) Any sources of renewable energy and any other energy projects which will benefit the State; and

      (b) Any measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      6.  In conjunction with the Desert Research Institute, review policies relating to the research and development of the State’s geothermal resources and make recommendations to the appropriate state and federal agencies for establishing methods of developing the geothermal resources within the State.

      7.] 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 to [promote:] cooperate with the Commissioner and the Authority:

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

      (b) [The] To promote the use of renewable energy [; and] in this State;

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

      8.] ;

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

      (e) If the Commissioner 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 [Task Force,] Authority, 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.

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

      Sec. 1.53.  NRS 701.180 is hereby amended to read as follows:

      701.180  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;

 


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ê2009 Statutes of Nevada, Page 1373 (Chapter 321, SB 358)ê

 

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

            (3) The average cost of generation on a kilowatt-hour basis for residential and commercial applications due to participation in the [Programs;] Program; 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 to cooperate with the Commissioner and the Authority:

      (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 Commissioner 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 Authority, 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.  Carry out all other directives concerning energy that are prescribed by the Governor.

      Sec. 1.55.  NRS 701.190 is hereby amended to read as follows:

      701.190  1.  The [Director] Commissioner 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; [and]

 


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ê2009 Statutes of Nevada, Page 1374 (Chapter 321, SB 358)ê

 

      (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; [and]

            (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.

      [(g)] (i) Any other matter that the [Task Force] Commissioner determines to be relevant to the issues of energy resources, energy use, energy conservation and energy efficiency.

      Sec. 1.57.  NRS 701.200 is hereby amended to read as follows:

      701.200  1.  The [Director] Commissioner 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] Commissioner shall consider the usage of energy and its sources in the State and the methods available for conservation of those sources.

      Sec. 1.59.  NRS 701.210 is hereby amended to read as follows:

      701.210  The [Director] Commissioner shall:

 


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ê2009 Statutes of Nevada, Page 1375 (Chapter 321, SB 358)ê

 

      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.

      Sec. 1.61.  NRS 701.215 is hereby amended to read as follows:

      701.215  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.

      Sec. 1.63.  NRS 701.220 is hereby amended to read as follows:

      701.220  1.  The [Director] Commissioner 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] Commissioner may exempt a building from a standard if he 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] Commissioner are the minimum standards for the conservation of energy and energy efficiency which apply only to areas in which the governing body of the local government has not adopted standards for the conservation of energy and energy efficiency in buildings.

 


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ê2009 Statutes of Nevada, Page 1376 (Chapter 321, SB 358)ê

 

government has not adopted standards for the conservation of energy and energy efficiency in buildings. Such governing bodies shall assist the [Director] Commissioner in the enforcement of the regulations adopted pursuant to this section.

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

      Sec. 1.65.  NRS 701.230 is hereby amended to read as follows:

      701.230  1.  In a county whose population is 100,000 or more, a building whose construction 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 a feasible or economical alternative to heating by electric resistance; or

      (c) The [Office of Energy] Authority determines that the present or future availability of other sources of energy is so limited as to justify the use of such a system.

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

      Sec. 1.67.  NRS 701.240 is hereby amended to read as follows:

      701.240  1.  The [Director] Commissioner 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] Commissioner 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] Commissioner may adopt any regulations that are necessary to carry out the provisions of this section.

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

 


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ê2009 Statutes of Nevada, Page 1377 (Chapter 321, SB 358)ê

 

      (a) The person complies with any requirements that the [Director] Commissioner 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.

      Sec. 1.69.  NRS 701.250 is hereby amended to read as follows:

      701.250  1.  The [Director] Commissioner shall adopt regulations establishing a program for evaluating the energy consumption of residential property in this State.

      2.  The regulations must include, without limitation:

      (a) Standards for evaluating the energy consumption of residential property; and

      (b) Provisions prescribing a form to be used pursuant to NRS 113.115, including, without limitation, provisions that require a portion of the form to provide information on programs created pursuant to NRS 702.275 and other programs of improving energy conservation and energy efficiency in residential property.

      3.  As used in this section:

      (a) “Dwelling unit” means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one person who maintains a household or by two or more persons who maintain a common household.

      (b) “Residential property” means any land in this State to which is affixed not less than one or more than four dwelling units.

      Sec. 1.71.  NRS 701.260 is hereby amended to read as follows:

      701.260  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] Commissioner pursuant to subsection 3 for lumens per watt of electricity consumed.

      3.  The [Director] Commissioner 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] Commissioner 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] Commissioner by regulation.

      Sec. 1.73.  NRS 701.370 is hereby amended to read as follows:

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

 


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ê2009 Statutes of Nevada, Page 1378 (Chapter 321, SB 358)ê

 

      2.  The [Task Force] Authority shall administer the Fund. As administrator of the Fund, the [Task Force:] Authority:

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

      (b) Shall invest the money in the Fund as the money in other state funds is invested;

      (c) Shall manage any account associated with the Fund;

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

      (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 Fund.

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

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

      5.  The money in the Fund remains in the Fund 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 Fund may only be expended pursuant to an allocation made by the [Task Force.] Authority. Money expended from the Fund must not be used to supplant existing methods of funding that are available to public agencies.

      Sec. 1.75.  NRS 701.380 is hereby amended to read as follows:

      701.380  1.  The [Task Force] Authority shall:

      (a) [Advise the Office of Energy in:

            (1) The development and periodic review of the comprehensive state energy plan with regard 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.

            (2) The distribution of money to persons pursuant to NRS 701.240 to pay or defray, in whole or in part, the costs for those persons to acquire, install or improve net metering systems.

      (b)] Coordinate its activities and programs with the activities and programs of the Office of Energy, 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.

      [(c)] (b) Spend the money in the Trust Fund 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.

 


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ê2009 Statutes of Nevada, Page 1379 (Chapter 321, SB 358)ê

 

            (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 [and distributed generation systems] that use renewable energy.

      [(d)] (c) Take any other actions that the [Task Force] Authority deems necessary to carry out its duties, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the [Task Force] Authority in carrying out its duties.

      2.  The [Task Force] Authority shall prepare an annual report concerning its activities and programs 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 Fund 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 [Task Force] Authority and other officers and agencies; and

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

      3.  As used in this section [, “distributed] :

      (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.

      Secs. 1.77 and 1.79.  (Deleted by amendment.)

      Sec. 1.81.  Chapter 701B of NRS is hereby amended by adding thereto the provisions set forth as sections 1.83 to 1.95, inclusive, of this act.

      Secs. 1.83-1.87.  (Deleted by amendment.)

      Sec. 1.89.  “Distributed generation system” means a system or facility for the generation of electricity:

      1.  That uses solar energy 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

 


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ê2009 Statutes of Nevada, Page 1380 (Chapter 321, SB 358)ê

 

      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.

      Sec. 1.9.  1.  The installation of a solar energy system on property owned or occupied by a public body pursuant to this section and NRS 701B.010 to 701B.290, inclusive, and sections 1.89 and 1.91 of this act shall be deemed to be a public work for the purposes of chapters 338 and 341 of NRS, regardless of whether the installation of the solar energy system is financed in whole or in part by public money.

      2.  The amount of any incentive issued by a utility relating to the installation of a solar energy system on property owned or occupied by a public body may not be used to reduce the cost of the project to an amount which would exempt the project from the requirements of NRS 338.020 to 338.090, inclusive.

      3.  As used in this section, “public body” means the State or a county, city, town, school district or any public agency of this State or its political subdivisions.

      Sec. 1.91.  1.  After reviewing an application submitted pursuant to NRS 701B.250 and ensuring that the applicant meets the qualifications and requirements to be eligible to participate in the Solar Program, a utility may select the applicant for participation in the Solar Program.

      2.  Not later than 30 days after the date on which the utility selects an applicant, the utility shall provide written notice of the selection to the applicant.

      3.  After the utility selects an applicant to participate in the Solar Program, the utility may approve the solar energy system proposed by the applicant. Upon the utility’s approval of the solar energy system:

      (a) The utility shall provide to the applicant notice of the approval and the amount of incentive for which the solar energy system is eligible; and

      (b) The applicant may install and energize the solar energy system.

      4.  Upon the completion of the installation and energizing of the solar energy system, the participant must submit to the utility an incentive claim form and any supporting information, including, without limitation, a verification of the cost of the project and a calculation of the expected system output.

      5.  Upon receipt of the incentive claim form and verification that the solar energy system is properly connected, the utility shall issue an incentive payment to the participant.

      6.  The amount of the incentive for which an applicant is eligible must be determined on the date on which the applicant is selected for participation in the Solar Program, except that an applicant forfeits his eligibility for that amount of incentive if the applicant withdraws from participation in the Solar Program or does not complete the installation of his solar energy system within 12 months after the date on which the applicant is selected for participation in the Solar Program. An applicant who forfeits his eligibility for the incentive for which the applicant was originally determined to be eligible may become eligible for an incentive only on the date on which the applicant completes the installation of his solar energy system, and the amount of the incentive for which such an applicant is eligible must be determined on the date on which the applicant completes the installation of his solar energy system.

 


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ê2009 Statutes of Nevada, Page 1381 (Chapter 321, SB 358)ê

 

      Sec. 1.92.  1.  The installation of a wind energy system on property owned or occupied by a public body pursuant to this section and NRS 701B.400 to 701B.650, inclusive, and section 1.93 of this act shall be deemed to be a public work for the purposes of chapters 338 and 341 of NRS, regardless of whether the installation of the wind energy system is financed in whole or in part by public money.

      2.  The amount of any incentive issued by a utility relating to the installation of a wind energy system on property owned or occupied by a public body may not be used to reduce the cost of the project to an amount which would exempt the project from the requirements of NRS 338.020 to 338.090, inclusive.

      3.  As used in this section, “public body” means the State or a county, city, town, school district or any public agency of this State or its political subdivisions.

      Sec. 1.93.  1.  An applicant who wishes to participate in the Wind Demonstration Program must submit an application to a utility.

      2.  After reviewing an application submitted pursuant to subsection 1 and ensuring that the applicant meets the qualifications and requirements to be eligible to participate in the Program, a utility may select the applicant for participation in the Program.

      3.  Not later than 30 days after the date on which the utility selects an applicant, the utility shall provide written notice of the selection to the applicant.

      4.  After the utility selects an applicant to participate in the Program, the utility may approve the wind energy system proposed by the applicant. Upon the utility’s approval of the wind energy system:

      (a) The utility shall provide to the applicant notice of the approval and the amount of incentive for which the wind energy system is eligible; and

      (b) The applicant may install and energize the wind energy system.

      5.  Upon the completion of the installation and energizing of the wind energy system, the participant must submit to the utility an incentive claim form and any supporting information, including, without limitation, a verification of the cost of the project and a calculation of the expected system output.

      6.  Upon receipt of the incentive claim form and verification that the wind energy system is properly connected, the utility shall issue an incentive payment to the participant.

      7.  The amount of the incentive for which an applicant is eligible must be determined on the date on which the applicant is selected for participation in the Wind Demonstration Program, except that an applicant forfeits his eligibility for that amount of incentive if the applicant withdraws from participation in the Program or does not complete the installation of his wind energy system within 12 months after the date on which the applicant is selected for participation in the Program. An applicant who forfeits his eligibility for the incentive for which the applicant was originally determined to be eligible may become eligible for an incentive only on the date on which the applicant completes the installation of his wind energy system, and the amount of the incentive for which such an applicant is eligible must be determined on the date on which the applicant completes the installation of his wind energy system.

 


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ê2009 Statutes of Nevada, Page 1382 (Chapter 321, SB 358)ê

 

      Sec. 1.95.  1.  An applicant who wishes to participate in the Waterpower Demonstration Program must submit an application to a utility.

      2.  After reviewing an application submitted pursuant to subsection 1 and ensuring that the applicant meets the qualifications and requirements to be eligible to participate in the Program, a utility may select the applicant for participation in the Program.

      3.  Not later than 30 days after the date on which the utility selects an applicant, the utility shall provide written notice of the selection to the applicant.

      4.  After the utility selects an applicant to participate in the Program, the utility may approve the waterpower energy system proposed by the applicant. Upon the utility’s approval of the waterpower energy system:

      (a) The utility shall provide to the applicant notice of the approval and the amount of incentive for which the waterpower energy system is eligible; and

      (b) The applicant may construct the waterpower energy system.

      5.  Upon the completion of the construction of a waterpower energy system, the participant must submit to the utility an incentive claim form and any supporting information, including, without limitation, a verification of the cost of the project and a calculation of the expected system output.

      6.  Upon receipt of the incentive claim form and verification that the waterpower energy system is properly connected, the utility shall issue an incentive payment to the participant.

      7.  The amount of the incentive for which an applicant is eligible must be determined on the date on which the applicant is selected for participation in the Waterpower Demonstration Program, except that an applicant forfeits his eligibility for that amount of incentive if the applicant withdraws from participation in the Program or does not complete the construction of his waterpower energy system within 12 months after the date on which the applicant is selected for participation in the Program. An applicant who forfeits his eligibility for the incentive for which the applicant was originally determined to be eligible may become eligible for an incentive only on the date on which the applicant completes the construction of his waterpower energy system, and the amount of the incentive for which such an applicant is eligible must be determined on the date on which the applicant completes the construction of his waterpower energy system.

      Sec. 1.97.  NRS 701B.020 is hereby amended to read as follows:

      701B.020  As used in NRS 701B.010 to 701B.290, inclusive, and sections 1.83, 1.89, 1.9 and 1.91 of this act, unless the context otherwise requires, the words and terms defined in NRS 701B.030 to 701B.180, inclusive, and sections 1.83 and 1.89 of this act have the meanings ascribed to them in those sections.

      Sec. 1.99.  NRS 701B.080 is hereby amended to read as follows:

      701B.080  “Participant” means a person who has been selected by [the Task Force] a utility to participate in the Solar Program.

 


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ê2009 Statutes of Nevada, Page 1383 (Chapter 321, SB 358)ê

 

      Sec. 2.  NRS 701B.200 is hereby amended to read as follows:

      701B.200  The Commission shall adopt regulations necessary to carry out the provisions of NRS 701B.010 to 701B.290, inclusive, and sections 1.83, 1.89, 1.9 and 1.91 of this act, including, without limitation, regulations that : [establish:]

      1.  [The] Establish the type of incentives available to participants in the Solar Program and the level or amount of those incentives [;] , except that the level or amount of an incentive available in a particular program year must not be based upon whether the incentive is for unused capacity reallocated from a past program year pursuant to paragraph (b) of subsection 2 of NRS 701B.260. The regulations must provide that the level or amount of the incentives must decline over time as the cost of solar energy systems and distributed generation systems decline.

      2.  [The] Establish the requirements for a utility’s annual plan for carrying out and administering the Solar Program. A utility’s annual plan must include, without limitation:

      (a) A detailed plan for advertising the Solar Program;

      (b) A detailed budget and schedule for carrying out and administering the Solar Program;

      (c) A detailed account of administrative processes and forms that will be used to carry out and administer the Solar Program, including, without limitation, a description of the application process and copies of all applications and any other forms that are necessary to apply for and participate in the Solar Program;

      (d) A detailed account of the procedures that will be used for inspection and verification of a participant’s solar energy system and compliance with the Solar Program;

      (e) A detailed account of training and educational activities that will be used to carry out and administer the Solar Program; and

      (f) Any other information required by the Commission.

      3.  Authorize a utility to recover the reasonable costs incurred in carrying out and administering the installation of distributed generation systems pursuant to paragraph (b) of subsection 1 of NRS 701B.260.

      Sec. 2.3.  NRS 701B.210 is hereby amended to read as follows:

      701B.210  The Commission shall adopt regulations that establish:

      1.  The qualifications and requirements an applicant must meet to be eligible to participate in each applicable category of:

      (a) School property;

      (b) Public and other property; and

      (c) Private residential property and small business property; and

      2.  The form and content of the master application . [which a utility must submit to the Task Force pursuant to NRS 701B.250.]

      Sec. 2.5.  NRS 701B.240 is hereby amended to read as follows:

      701B.240  1.  The Solar Energy Systems Incentive Program is hereby created.

      2.  The Solar Program must have three categories as follows:

      (a) School property;

      (b) Public and other property; and

      (c) Private residential property and small business property.

      3.  To be eligible to participate in the Solar Program, a person must:

      (a) Meet the qualifications established by the Commission pursuant to NRS 701B.210;

 


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ê2009 Statutes of Nevada, Page 1384 (Chapter 321, SB 358)ê

 

      (b) Submit an application to a utility and be selected by the [Task Force] Commission for inclusion in the Solar Program pursuant to NRS 701B.250 and 701B.260;

      (c) When installing the solar energy system, use an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors’ Board pursuant to the regulations adopted by the Board; and

      (d) If the person will be participating in the Solar Program in the category of school property or public and other property, provide for the public display of the solar energy system, including, without limitation, providing for public demonstrations of the solar energy system and for hands-on experience of the solar energy system by the public.

      Sec. 2.7.  NRS 701B.250 is hereby amended to read as follows:

      701B.250  1.  If an applicant desires to participate in the Solar Program , [for a program year,] the applicant must submit an application to a utility. [If an applicant desires to participate in the category of school property or public and other property, the applicant may submit an application for multiple program years, not to exceed 5 years.

      2.  Each year on or before the date established by the Commission, a]

      2.  A utility shall review each application submitted pursuant to subsection 1 to ensure that the applicant meets the qualifications and requirements to be eligible to participate in the Solar Program . [and submit to the Task Force:

      (a) The utility’s recommendations as to which applications should be approved for participation in the Solar Program; and

      (b) A master application containing all the applications recommended by the utility.

      3.  At any time after submitting an application to a utility, an applicant may install or energize his solar energy system if the solar energy system meets all applicable building codes and all applicable requirements of the utility as approved by the Commission. An applicant who installs or energizes his solar energy system under such circumstances remains eligible to participate in the Solar Program, and the installation or energizing of the solar energy system does not alter the applicant’s status on the list of participants or the prioritized waiting list pursuant to NRS 701B.260.]

      Sec. 3.  NRS 701B.260 is hereby amended to read as follows:

      701B.260  1.  Except as otherwise provided in this section, the Commission may approve, for [a] :

      (a) The program year [,] beginning July 1, 2009, solar energy systems:

      [(a)] (1) Totaling 2,000 kilowatts of capacity for school property;

      [(b)] (2) Totaling 760 kilowatts of capacity for public and other property; and

      [(c)] (3) Totaling 1,000 kilowatts of capacity for private residential property and small business property [.] ; and

      (b) Each program year for the period beginning July 1, 2010, and ending on June 30, 2021, an additional 9 percent of the sum of the total allocated capacities of all the categories described in paragraph (a) which must be approved for distributed generation systems.

      2.  If the capacity allocated to any category for a program year is not fully subscribed by participants in that category, the Commission may, in any combination it deems appropriate:

 


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ê2009 Statutes of Nevada, Page 1385 (Chapter 321, SB 358)ê

 

      (a) [Allow a utility to submit additional applications to the Task Force from applicants who want to participate in that category; or

      (b)] Reallocate any of the unused capacity in that category to any of the other categories [,] ; or

      (b) Reallocate any of the unused capacity in that category to future program years within the same category.

[Ê but in no case may the sum of the allocated total capacities of all the categories be greater than 3,760 kilowatts, which is the sum of the approvable total capacities of all the categories as described in subsection 1.]

      3.  To promote the installation of solar energy systems on as many school properties as possible, the Commission may not approve for use in the Solar Program a solar energy system having a generating capacity of more than 50 kilowatts if the solar energy system is or will be installed on school property on or after July 1, 2007, unless the Commission determines that approval of a solar energy system with a greater generating capacity is more practicable for a particular school property.

      4.  [After reviewing the master application submitted by a utility pursuant to NRS 701B.250 and ensuring that each applicant meets the qualifications and requirements to be eligible to participate in the Solar Program, the Task Force shall:

      (a) Within the limits of the capacity allocated to each category, select applicants to be participants in the Solar Program and place those applicants on a list of participants; and

      (b) Select applicants to be placed on a prioritized waiting list to become participants in the Solar Program if any capacity within a category becomes available.

      5.  Not later than 30 days after the date on which the Task Force selects an applicant to be on the list of participants or the prioritized waiting list, the utility which submitted the application to the Task Force on behalf of the applicant shall provide written notice of the selection to the applicant.

      6.  After the Task Force selects an applicant to be on the list of participants, the utility which submitted the application to the Task Force on behalf of the applicant may approve the solar energy system proposed by the applicant. Except as otherwise provided in subsection 3 of NRS 701B.250, immediately upon the utility’s approval of the solar energy system, the applicant may install and energize the solar energy system.] The Commission shall not authorize the payment of an incentive for the installation of a solar energy system or distributed generation system if:

      (a) For the period beginning July 1, 2010, and ending June 30, 2013, inclusive, the payment of the incentive would cause the total amount of incentives paid by a utility for the installation of solar energy systems and distributed generation systems to exceed $78,260,000; and

      (b) For the period beginning July 1, 2010, and ending June 30, 2021, the payment of the incentive would cause the total amount of incentives paid by a utility for the installation of solar energy systems and distributed generation systems to exceed $255,270,000.

      Sec. 4.  (Deleted by amendment.)

      Sec. 4.3.  NRS 701B.410 is hereby amended to read as follows:

      701B.410  As used in NRS 701B.400 to 701B.650, inclusive, and sections 1.85, 1.92 and 1.93 of this act, unless the context otherwise requires, the words and terms defined in NRS 701B.420 to 701B.560, inclusive, and section 1.85 of this act have the [meaning] meanings ascribed to them in those sections.

 


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ê2009 Statutes of Nevada, Page 1386 (Chapter 321, SB 358)ê

 

requires, the words and terms defined in NRS 701B.420 to 701B.560, inclusive, and section 1.85 of this act have the [meaning] meanings ascribed to them in those sections.

      Sec. 4.5.  NRS 701B.470 is hereby amended to read as follows:

      701B.470  “Participant” means a person who has been selected by [the Task Force pursuant to NRS 701B.620] a utility to participate in the Wind Demonstration Program.

      Sec. 4.7.  NRS 701B.580 is hereby amended to read as follows:

      701B.580  1.  The Wind Energy Systems Demonstration Program is hereby created.

      2.  The Program must have four categories as follows:

      (a) School property;

      (b) Other public property;

      (c) Private residential property and small business property; and

      (d) Agricultural property.

      3.  To be eligible to participate in the Program, a person must:

      (a) Meet the qualifications established by the Commission pursuant to NRS 701B.590;

      (b) [Submit an application to a utility and be selected by the Task Force for inclusion in the Program pursuant to NRS 701B.610 and 701B.620;

      (c)] When installing the wind energy system, use an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors’ Board pursuant to the regulations adopted by the Board; and

      [(d)] (c) If the person will be participating in the Program in the category of school property or other public property, provide for the public display of the wind energy system, including, without limitation, providing for public demonstrations of the wind energy system and for hands-on experience of the wind energy system by the public.

      Sec. 5.  NRS 701B.590 is hereby amended to read as follows:

      701B.590  The Commission shall adopt regulations necessary to carry out the provisions of the Wind Energy Systems Demonstration Program Act, including, without limitation, regulations that establish:

      1.  The [qualifications and requirements an applicant must meet to be eligible to participate in the Program in each particular category of:

      (a) School property;

      (b) Other public property;

      (c) Private residential property and small business property; and

      (d) Agricultural property.

      2.  The type of incentives available to participants in the Program and the level or amount of those incentives.

      3.  The requirements for a utility’s annual plan for carrying out and administering the Program. A utility’s annual plan must include, without limitation:

      (a) A detailed plan for advertising the Program;

      (b) A detailed budget and schedule for carrying out and administering the Program;

      (c) A detailed account of administrative processes and forms that will be used to carry out and administer the Program, including, without limitation, a description of the application process and copies of all applications and any other forms that are necessary to apply for and participate in the Program;

 


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ê2009 Statutes of Nevada, Page 1387 (Chapter 321, SB 358)ê

 

      (d) A detailed account of the procedures that will be used for inspection and verification of a participant’s wind energy system and compliance with the Program;

      (e) A detailed account of training and educational activities that will be used to carry out and administer the Program; and

      (f) Any other information required by the Commission.] capacity goals for the Program, which must be designed to meet the goal of the Legislature of the installation of not less than 5 megawatts of wind energy systems in this State by 2012 and the goals for each category of the Program.

      2.  A system of incentives that are based on rebates that decline as the capacity goals for the Program and the goals for each category of the Program are met. The rebates must be based on predicted energy savings.

      3.  The procedure for claiming incentives, including, without limitation, the form and content of the incentive claim form.

      Sec. 5.5.  NRS 701B.610 is hereby amended to read as follows:

      701B.610  1.  On or before February 1, 2008, and on or before February 1 of each year thereafter, each utility shall file with the Commission its annual plan for carrying out and administering the Wind Demonstration Program within its service area for the following program year.

      2.  On or before July 1, 2008, and on or before July 1 of each year thereafter, the Commission shall:

      (a) Review the annual plan filed by each utility for compliance with the requirements established by regulation; and

      (b) Approve the annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Program.

      [3.  On or before November 1, 2008, and on or before November 1 of each year thereafter, each utility shall submit to the Task Force the utility’s recommendations as to which applications received by the utility should be approved for participation in the Program. The Task Force shall review the applications to ensure that each applicant meets the qualifications and requirements to be eligible to participate in the Program.

      4.  Except as otherwise provided in NRS 701B.620, the Task Force may approve, from among the applications recommended by each utility, wind energy systems totaling:

      (a) For the program year beginning July 1, 2008:

            (1) 500 kilowatts of capacity for school property;

            (2) 500 kilowatts of capacity for other public property;

            (3) 700 kilowatts of capacity for private residential property and small business property; and

            (4) 700 kilowatts of capacity for agricultural property.

      (b) For the program year beginning July 1, 2009:

            (1) An additional 250 kilowatts of capacity for school property;

            (2) An additional 250 kilowatts of capacity for other public property;

            (3) An additional 350 kilowatts of capacity for private residential property and small business property; and

            (4) An additional 350 kilowatts of capacity for agricultural property.

      (c) For the program year beginning July 1, 2010:

            (1) An additional 250 kilowatts of capacity for school property;

            (2) An additional 250 kilowatts of capacity for other public property;

 


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ê2009 Statutes of Nevada, Page 1388 (Chapter 321, SB 358)ê

 

            (3) An additional 350 kilowatts of capacity for private residential property and small business property; and

            (4) An additional 350 kilowatts of capacity for agricultural property.]

      Secs. 6 and 7.  (Deleted by amendment.)

      Sec. 7.1.  NRS 701B.700 is hereby amended to read as follows:

      701B.700  NRS 701B.700 to [701B.890,] 701B.880, inclusive, and sections 1.87 and 1.95 of this act may be cited as the Waterpower Energy Systems Demonstration Program Act.

      Sec. 7.3.  NRS 701B.710 is hereby amended to read as follows:

      701B.710  As used in NRS 701B.700 to [701B.890,] 701B.880, inclusive, and sections 1.87 and 1.95 of this act, unless the context otherwise requires, the words and terms defined in NRS 701B.720 to 701B.810, inclusive, and section 1.87 of this act have the meanings ascribed to them in those sections.

      Sec. 7.4.  NRS 701B.740 is hereby amended to read as follows:

      701B.740  “Participant” means a person who has been selected by [the Commission] a utility to participate in the Waterpower Demonstration Program.

      Sec. 7.5.  NRS 701B.820 is hereby amended to read as follows:

      701B.820  1.  The Waterpower Energy Systems Demonstration Program is hereby created.

      2.  The Waterpower Demonstration Program is created for agricultural uses.

      3.  To be eligible to participate in the Waterpower Demonstration Program, a person must meet the qualifications established pursuant to subsection 4 , [and] apply to a utility and be selected by the [Task Force] utility for inclusion in the Waterpower Demonstration Program.

      4.  The Commission shall adopt regulations providing for the qualifications an applicant must meet to qualify to participate in the Waterpower Demonstration Program.

      Sec. 7.7.  NRS 701B.830 is hereby amended to read as follows:

      701B.830  [The Task Force] Each utility is responsible for the administration and delivery of the Waterpower Demonstration Program as approved by the Commission.

      Sec. 8.  NRS 701B.840 is hereby amended to read as follows:

      701B.840  The Commission shall adopt regulations that establish:

      1.  The [level, amount and type of incentives available for participants in the Waterpower Demonstration Program.

      2.  The requirements for an annual plan for the administration and delivery of the Waterpower Demonstration Program. The requirements for an annual plan must include, without limitation:

      (a) An advertising plan;

      (b) A detailed budget;

      (c) A schedule;

      (d) Administrative processes, including, without limitation, a copy of the application and process for accepting applications;

      (e) An inspection and verification process;

      (f) Proposed training and educational activities; and

      (g) Any other information required by the Commission.] capacity goals for the Program, which must be designed to meet the goal of the Legislature of the installation of not less than 500 kilowatts of waterpower energy systems in this State by 2012 and the goals for each category of the Program.

 


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ê2009 Statutes of Nevada, Page 1389 (Chapter 321, SB 358)ê

 

Legislature of the installation of not less than 500 kilowatts of waterpower energy systems in this State by 2012 and the goals for each category of the Program.

      2.  A system of incentives that are based on rebates that decline as the capacity goals for the Program and the goals for each category of the Program are met. The rebates must be based on predicted energy savings.

      3.  The procedure for claiming incentives, including, without limitation, the form and content of the incentive claim form.

      Sec. 9.  NRS 701B.850 is hereby amended to read as follows:

      701B.850  1.  On or before February 21, 2008, and on or before February 1 of each subsequent year, each utility shall file with the Commission for approval an annual plan for the administration and delivery of the Waterpower Demonstration Program for the program year beginning July 1, 2008, and each subsequent year thereafter.

      2.  On or before July 1, 2008, and on or before each July 1 of each subsequent year, the Commission shall review the annual plan for compliance with the requirements set forth by regulation of the Commission.

      [3.  On or before November 1, 2008, and on or before November 1 of each subsequent year, each utility shall submit to the Task Force a recommendation of which applications received should be accepted into the program. The Task Force shall review the applications to ensure that the applicant meets the requirements adopted pursuant to subsection 4 of NRS 701B.820.

      4.  The Task Force may approve, from among the applications recommended by each utility, waterpower energy systems totaling:

      (a) For the program year beginning July 1, 2008, 200 kilowatts of capacity;

      (b) For the program year beginning July 1, 2009, an additional 100 kilowatts of capacity; and

      (c) For the program year beginning July 1, 2010, an additional 100 kilowatts of capacity.]

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  NRS 702.275 is hereby amended to read as follows:

      702.275  1.  [At the beginning of a] Before the end of each fiscal year, the Division of Welfare and Supportive Services shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means during a regular or special session of the Legislature, or the Interim Finance Committee when the Legislature is not in session, which specifies the amount of all money in the Fund which was allocated to the Division of Welfare and Supportive Services during all preceding fiscal years pursuant to NRS 702.260 and which remains unspent and unencumbered.

      2.  Based upon the report submitted pursuant to subsection 1 and any other information available, the Senate Standing Committee on Finance or the Assembly Standing Committee on Ways and Means during a regular or special session of the Legislature, or the Interim Finance Committee when the Legislature is not in session, may require the Division of Welfare and Supportive Services to distribute not more than 30 percent of all the money in the Fund which was allocated to the Division of Welfare and Supportive Services during [the] all preceding fiscal [year] years pursuant to NRS 702.260 and which remains unspent and unencumbered [must be distributed] to the Housing Division for [a program of improving energy conservation and energy efficiency in residential property.]

 


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to the Housing Division for [a program of improving energy conservation and energy efficiency in residential property.] the programs authorized by NRS 702.270. The Housing Division may use not more than 6 percent of the money distributed pursuant to this section for its administrative expenses.

      [2.  Except as otherwise provided in NRS 702.150, after deduction for its administrative expenses, the Housing Division may use the money distributed pursuant to this section only to provide a qualified purchaser of residential property which has received a deficient evaluation on the energy consumption of the residential property pursuant to the program established in NRS 701.250 with a grant to pay for improvements designed to increase the energy conservation and energy efficiency of the residential property or to assist an eligible household in acquiring such improvements.

      3.  To be eligible to receive assistance from the Housing Division pursuant to this section:

      (a) The purchaser of the residential property must have a household income that is not more than 80 percent of the median gross family income for the county in which the property is located, based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for that county; and

      (b) The residential property must not meet the standards for energy consumption established pursuant to NRS 701.250.

      4.  The Housing Division shall adopt regulations to carry out and enforce the provisions of this section.

      5.  In carrying out the provisions of this section, the Housing Division shall:

      (a) Solicit advice from the Division of Welfare and Supportive Services and from other knowledgeable persons;

      (b) Identify and implement appropriate delivery systems to distribute money from the Fund and to provide other assistance pursuant to this section;

      (c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;

      (d) Encourage other persons to provide resources and services, including, to the extent practicable, schools and programs that provide training in the building trades and apprenticeship programs;

      (e) Establish a process for evaluating the program conducted pursuant to this section;

      (f) Develop a process for making changes to the program; and

      (g) Engage in annual planning and evaluation processes with the Division of Welfare and Supportive Services as required by NRS 702.280.]

      Sec. 11.1.  NRS 703.130 is hereby amended to read as follows:

      703.130  1.  The Commission shall appoint a Deputy Commissioner who shall serve in the unclassified service of the State.

      2.  The Commission shall appoint a Secretary who shall perform such administrative and other duties as are prescribed by the Commission. The Commission shall also appoint an Assistant Secretary.

      3.  The Commission shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the Commission may require.

 


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for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the Commission may require.

      4.  The Commission may employ such other clerks, experts or engineers as may be necessary.

      [4.] 5.  Except as otherwise provided in subsection [5,] 6, the Commission:

      (a) May appoint one or more hearing officers for a period specified by the Commission to conduct proceedings or hearings that may be conducted by the Commission pursuant to NRS 702.160 and 702.170 and chapters 704, 704A, 704B, 705, 708 and 711 of NRS.

      (b) Shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the Commission.

      [5.] 6.  The Commission shall not appoint a hearing officer to conduct proceedings or hearings:

      (a) In any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595, inclusive; or

      (b) In any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application.

      [6.] 7.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 11.2.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 11.25 and 11.3 of this act.

      Sec. 11.25.  1.  The Commission shall adopt regulations requiring each electric utility to disclose to its retail customers information about the safe disposal and recycling of electronic waste, electrical systems and other waste, including, without limitation, compact fluorescent light bulbs, in accordance with the comprehensive state energy plan established by the Nevada Energy Commissioner pursuant to NRS 701.190. The disclosure must:

      (a) Be in a standard, uniform format established by the Commission by regulation; and

      (b) Be included:

            (1) At least two times each calendar year, as an insert in the bills that the electric utility sends to its retail customers; and

            (2) If the electric utility maintains a website on the Internet or any successor to the Internet, on that website.

      2.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 11.3.  1.  The Commission shall adopt regulations authorizing an electric utility to recover an amount based on the measurable and verifiable effects of the implementation by the electric utility of energy efficiency and conservation programs approved by the Commission, which:

      (a) Must include:

            (1) The costs reasonably incurred by the electric utility in implementing and administering the energy efficiency and conservation programs; and

            (2) Any financial disincentives relating to other supply alternatives caused or created by the reasonable implementation of the energy efficiency and conservation programs; and

 


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      (b) May include any financial incentives to support the promotion of the participation of the customers of the electric utility in the energy efficiency and conservation programs.

      2.  When considering whether to approve an energy efficiency or conservation program proposed by an electric utility as part of a plan filed pursuant to NRS 704.741, the Commission shall consider the effect of any recovery by the electric utility pursuant to this section on the rates of the customers of the electric utility.

      3.  The regulations adopted pursuant to this section must not:

      (a) Affect the electric utility’s incentives and allowed returns in areas not affected by the implementation of energy efficiency and conservation programs; or

      (b) Authorize the electric utility to earn more than the rate of return authorized by the Commission in the most recently completed rate case of the electric utility.

      4.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 11.5.  NRS 704.021 is hereby amended to read as follows:

      704.021  “Public utility” or “utility” does not include:

      1.  Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.

      2.  Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if:

      (a) They serve 25 persons or less; and

      (b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $25,000 or less during the immediately preceding 12 months.

      3.  Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.

      4.  Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.

      5.  Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive.

      6.  Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.

      7.  Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.

      8.  Persons who are video service providers, as defined in NRS 711.151, except for those operations of the video service provider which consist of providing a telecommunication service to the public, in which case the video service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.

 


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ê2009 Statutes of Nevada, Page 1393 (Chapter 321, SB 358)ê

 

service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.

      9.  Persons who for compensation own or operate individual systems which use renewable energy to generate electricity and sell the electricity generated from those systems to not more than one customer of the public utility per individual system if each individual system is:

      (a) Located on the premises of another person;

      (b) Used to produce not more than 150 percent of that other person’s requirements for electricity on an annual basis for the premises on which the individual system is located; and

      (c) Not part of a larger system that aggregates electricity generated from renewable energy for resale or use on premises other than the premises on which the individual system is located.

Ê As used in this subsection, “renewable energy” has the meaning ascribed to it in NRS 704.7811.

      Sec. 11.7.  NRS 704.033 is hereby amended to read as follows:

      704.033  1.  Except as otherwise provided in subsection 6, the Commission shall levy and collect an annual assessment from all public utilities, providers of discretionary natural gas service and alternative sellers subject to the jurisdiction of the Commission.

      2.  Except as otherwise provided in subsections 3 and 4, the annual assessment must be:

      (a) For the use of the Commission, not more than [3.50] 2.50 mills; [and]

      (b) For the use of the Consumer’s Advocate, not more than 0.75 mills [,] ;

      (c) For the use of the Renewable Energy and Energy Efficiency Authority, not more 0.925 mills; and

      (d) For the use of the Office of Energy, not more than 0.075 mills,

Ê on each dollar of gross operating revenue derived from the intrastate operations of such utilities, providers of discretionary natural gas service and alternative sellers in the State of Nevada. The total annual assessment must be not more than 4.25 mills.

      3.  The levy [for] :

      (a) For the use of the Consumer’s Advocate must not be assessed against railroads [.] ;

      (b) For the use of the Renewable Energy and Energy Efficiency Authority must be assessed only against utilities that provide electricity or natural gas in this State; and

      (c) For the use of the Office of Energy must be assessed only against utilities that provide electricity or natural gas in this State.

      4.  The minimum assessment in any 1 year must be $100.

      5.  The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:

      (a) Telecommunication providers, except as provided in paragraph (c), the revenue shall be deemed to be all intrastate revenues.

      (b) Railroads, the revenue shall be deemed to be the revenue received only from freight and passenger intrastate movements.

      (c) All public utilities, providers of discretionary natural gas service and alternative sellers, the revenue does not include the proceeds of any commodity, energy or service furnished to another public utility, provider of discretionary natural gas service or alternative seller for resale.

 


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ê2009 Statutes of Nevada, Page 1394 (Chapter 321, SB 358)ê

 

      6.  Providers of commercial mobile radio service are not subject to the annual assessment and, in lieu thereof, shall pay to the Commission an annual licensing fee of $200.

      7.  The amount of the annual assessment which the Commission must levy and collect for the use of the Renewable Energy and Energy Efficiency Authority pursuant to paragraph (c) of subsection 2 and the Office of Energy pursuant to paragraph (d) of subsection 2 must be determined by:

      (a) The Legislature if the Legislature is in session; or

      (b) The Interim Finance Committee if the Legislature is not in session.

      Sec. 12.  NRS 704.110 is hereby amended to read as follows:

      704.110  Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097:

      1.  If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumer’s Advocate shall be deemed a party of record.

      2.  Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.

      3.  If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter.

 


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ê2009 Statutes of Nevada, Page 1395 (Chapter 321, SB 358)ê

 

chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:

      (a) An electric utility that primarily serves less densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in December 2007, and at least once every 36 months thereafter.

      (b) An electric utility that primarily serves densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in December 2008, and at least once every 36 months thereafter.

      (c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $500,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission.

      (d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $500,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission.

Ê The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.

      4.  In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:

      (a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

 


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ê2009 Statutes of Nevada, Page 1396 (Chapter 321, SB 358)ê

 

reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

      (b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.

      5.  If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.

      6.  If a public utility files with the Commission a general rate application, the public utility shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or 9, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application pursuant to NRS 704.187, if the public utility is otherwise authorized to so file by those provisions.

      7.  A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:

      (a) An electric utility which is required to adjust its rates on a quarterly basis pursuant to subsection 9; or

      (b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8.

      8.  A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utility’s recorded costs of natural gas purchased for resale. If the Commission approves such a request:

      (a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment between annual rate adjustment applications. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customer’s regular monthly bill. The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a).

 


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ê2009 Statutes of Nevada, Page 1397 (Chapter 321, SB 358)ê

 

public utility files its written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customer’s regular monthly bill:

            (1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and

            (2) Must include the following:

                  (I) The total amount of the increase or decrease in the public utility’s revenues from the rate adjustment, stated in dollars and as a percentage;

                  (II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

                  (III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission; and

                  (IV) Any other information required by the Commission.

      (c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and a review of the transactions and recorded costs of natural gas included in each quarterly rate adjustment and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.

      (e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.

      9.  An electric utility shall adjust its rates on a quarterly basis based on changes in the public utility’s recorded costs of purchased fuel or purchased power in the following manner:

      (a) An electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (b) Each electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customer’s regular monthly bill. The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a).

 


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ê2009 Statutes of Nevada, Page 1398 (Chapter 321, SB 358)ê

 

electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customer’s regular monthly bill:

            (1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and

            (2) Must include the following:

                  (I) The total amount of the increase or decrease in the electric utility’s revenues from the rate adjustment, stated in dollars and as a percentage;

                  (II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

                  (III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission; and

                  (IV) Any other information required by the Commission.

      (c) An electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (d) The proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and a review of the transactions and recorded costs of purchased fuel and purchased power included in each quarterly rate adjustment and the annual deferred energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.

      (e) The Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.

      10.  If an electric utility files an annual deferred energy accounting adjustment application pursuant to subsection 9 and NRS 704.187 while a general rate application is pending, the electric utility shall:

      (a) Submit with its annual deferred energy accounting adjustment application information relating to the cost of service and rate design; and

      (b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

      11.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility.

 


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ê2009 Statutes of Nevada, Page 1399 (Chapter 321, SB 358)ê

 

      12.  In regard to any rate or schedule approved or disapproved pursuant to this section, the Commission may, after a hearing:

      (a) Upon the request of the utility, approve a new rate but delay the implementation of that new rate:

            (1) Until a date determined by the Commission; and

            (2) Under conditions as determined by the Commission, including, without limitation, a requirement that interest charges be included in the collection of the new rate; and

      (b) Authorize a utility to implement a reduced rate for low-income residential customers.

      13.  As used in this section:

      (a) “Electric utility” has the meaning ascribed to it in NRS 704.187.

      (b) “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.

      (c) “Electric utility that primarily serves less densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 400,000 than it does from customers located in counties whose population is 400,000 or more.

      Sec. 13.  (Deleted by amendment.)

      Sec. 13.3.  NRS 704.7815 is hereby amended to read as follows:

      704.7815  “Renewable energy system” means:

      1.  A facility or energy system that [:

      (a) Uses] uses renewable energy or energy from a qualified energy recovery process to generate electricity [;] and :

      (a) Uses the electricity that it generates from renewable energy or energy from a qualified energy recovery process in this State; or

      (b) Transmits or distributes the electricity that it generates from renewable energy or energy from a qualified energy recovery process [via:

            (1) A power line which is dedicated to the transmission or distribution of electricity generated from renewable energy or energy from a qualified energy recovery process and which is connected to a facility or system owned, operated or controlled by a provider of electric service; or

            (2) A power line which is shared with not more than one facility or energy system generating electricity from nonrenewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service.] to a provider of electric service for delivery into and use in this State.

      2.  A solar energy system that reduces the consumption of electricity or any fossil fuel.

      3.  A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive.

      Sec. 13.5.  NRS 704.7821 is hereby amended to read as follows:

      704.7821  1.  For each provider of electric service, the Commission shall establish a portfolio standard. The portfolio standard must require each provider to generate, acquire or save electricity from portfolio energy systems or efficiency measures in an amount that is:

 


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ê2009 Statutes of Nevada, Page 1400 (Chapter 321, SB 358)ê

 

      (a) For calendar years 2005 and 2006, not less than 6 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (b) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (c) For calendar years 2009 and 2010, not less than 12 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (d) For calendar years 2011 and 2012, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (e) For calendar years 2013 and 2014, not less than 18 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (f) For calendar [year] years 2015 [and for each calendar year thereafter,] to 2019, inclusive, not less than 20 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (g) For calendar years 2020 to 2024, inclusive, not less than 22 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (h) For calendar year 2025 and for each calendar year thereafter, not less than 25 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      2.  Except as otherwise provided in subsection 3, in addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:

      (a) Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not less than [5] :

            (1) Five percent of that amount must be generated or acquired from solar renewable energy systems [.] for each calendar year up to and including 2015; and

            (2) Six percent of that amount must be generated or acquired from solar renewable energy systems for calendar year 2016 and for each calendar year thereafter.

      (b) Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not more than 25 percent of that amount may be based on energy efficiency measures. If the provider intends to use energy efficiency measures to comply with its portfolio standard during any calendar year, of the total amount of electricity saved from energy efficiency measures for which the provider seeks to obtain portfolio energy credits pursuant to this paragraph, at least 50 percent of that amount must be saved from energy efficiency measures installed at service locations of residential customers of the provider, unless a different percentage is approved by the Commission.

      (c) If the provider acquires or saves electricity from a portfolio energy system or efficiency measure pursuant to a renewable energy contract or energy efficiency contract with another party:

 


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ê2009 Statutes of Nevada, Page 1401 (Chapter 321, SB 358)ê

 

            (1) The term of the contract must be not less than 10 years, unless the other party agrees to a contract with a shorter term; and

            (2) The terms and conditions of the contract must be just and reasonable, as determined by the Commission. If the provider is a utility provider and the Commission approves the terms and conditions of the contract between the utility provider and the other party, the contract and its terms and conditions shall be deemed to be a prudent investment and the utility provider may recover all just and reasonable costs associated with the contract.

      3.  The provisions of paragraphs (b) and (c) of subsection 2 do not apply to a provider of new electric resources pursuant to chapter 704B of NRS with respect to its use of an energy efficiency measure that is financed by a customer, or which is a geothermal energy system for the provision of heated water to one or more customers and which reduces the consumption of electricity or any fossil fuel, except that, of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not more than 25 percent of that amount may be based on energy efficiency measures.

      4.  If, for the benefit of one or more retail customers in this State, the provider, or the customer of a provider of new electric resources pursuant to chapter 704B of NRS, has paid for or directly reimbursed, in whole or in part, the costs of the acquisition or installation of a solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.

      5.  The Commission shall adopt regulations that establish a system of portfolio energy credits that may be used by a provider to comply with its portfolio standard.

      6.  Except as otherwise provided in subsection 7, each provider shall comply with its portfolio standard during each calendar year.

      7.  If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of portfolio energy credits, the provider shall take actions to acquire or save electricity pursuant to one or more renewable energy contracts or energy efficiency contracts. If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity or a sufficient amount of energy savings made available to the provider pursuant to renewable energy contracts and energy efficiency contracts with just and reasonable terms and conditions, the Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission.

      8.  The Commission shall adopt regulations that establish:

      (a) Standards for the determination of just and reasonable terms and conditions for the renewable energy contracts and energy efficiency contracts that a provider must enter into to comply with its portfolio standard.

      (b) Methods to classify the financial impact of each long-term renewable energy contract and energy efficiency contract as an additional imputed debt of a utility provider. The regulations must allow the utility provider to propose an amount to be added to the cost of the contract, at the time the contract is approved by the Commission, equal to a compensating component in the capital structure of the utility provider.

 


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ê2009 Statutes of Nevada, Page 1402 (Chapter 321, SB 358)ê

 

propose an amount to be added to the cost of the contract, at the time the contract is approved by the Commission, equal to a compensating component in the capital structure of the utility provider. In evaluating any proposal made by a utility provider pursuant to this paragraph, the Commission shall consider the effect that the proposal will have on the rates paid by the retail customers of the utility provider.

      9.  As used in this section:

      (a) “Energy efficiency contract” means a contract to attain energy savings from one or more energy efficiency measures owned, operated or controlled by other parties.

      (b) “Renewable energy contract” means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.

      (c) “Terms and conditions” includes, without limitation, the price that a provider must pay to acquire electricity pursuant to a renewable energy contract or to attain energy savings pursuant to an energy efficiency contract.

      Sec. 13.7.  NRS 113.115 is hereby amended to read as follows:

      113.115  1.  Except as otherwise provided in subsection 3, the seller shall have the energy consumption of the residential property evaluated pursuant to the program established in NRS 701.250.

      2.  Except as otherwise provided in subsection 4, before closing a transaction for the conveyance of residential property, the seller shall serve the purchaser with the completed evaluation required pursuant to subsection 1, if any, on a form to be provided by the [Director of the Office of Energy,] Nevada Energy Commissioner, as prescribed in regulations adopted pursuant to NRS 701.250.

      3.  Subsection 1 does not apply to a sale or intended sale of residential property:

      (a) By foreclosure pursuant to chapter 107 of NRS.

      (b) Between any co-owners of the property, spouses or persons related within the third degree of consanguinity.

      (c) By a person who takes temporary possession or control of or title to the property solely to facilitate the sale of the property on behalf of a person who relocates to another county, state or country before title to the property is transferred to a purchaser.

      (d) If the seller and purchaser agree to waive the requirements of subsection 1.

      4.  If an evaluation of a residential property was completed not more than 5 years before the seller and purchaser entered into the agreement to purchase the residential property, the seller may serve the purchaser with that evaluation.

      Secs. 14-18.  (Deleted by amendment.)

      Sec. 18.1.  Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 18.2 to 18.5, inclusive, of this act.

      Sec. 18.2.  “Energy efficiency improvement” means a modification of real property that is designed to reduce the energy consumption of the real property.

      Sec. 18.3.  “Energy efficiency improvement project” means the modification of real property or the facilities or equipment on the real property that is designed to reduce the energy consumption of the real property.

 


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ê2009 Statutes of Nevada, Page 1403 (Chapter 321, SB 358)ê

 

      Sec. 18.4.  “Renewable energy” has the meaning ascribed to it in NRS 704.7811.

      Sec. 18.5.  “Renewable energy project” means real property, facilities and equipment used to generate electricity from renewable energy to offset customer load in whole or in part on the premises, and all appurtenances and incidentals necessary, useful or desirable for any such real property, facilities and equipment.

      Sec. 18.7.  NRS 271.030 is hereby amended to read as follows:

      271.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 271.035 to 271.250, inclusive, and sections 18.2 to 18.5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 18.9.  NRS 271.265 is hereby amended to read as follows:

      271.265  1.  The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) A commercial area vitalization project;

      (b) A curb and gutter project;

      (c) A drainage project;

      (d) An energy efficiency improvement project;

      (e) An off-street parking project;

      [(e)] (f) An overpass project;

      [(f)] (g) A park project;

      (h) A public safety project;

      (i) A renewable energy project;

      [(g)] (j) A sanitary sewer project;

      [(h)] (k) A security wall;

      [(i)] (l) A sidewalk project;

      [(j)] (m) A storm sewer project;

      [(k)] (n) A street project;

      [(l)] (o) A street beautification project;

      [(m)] (p) A transportation project;

      [(n)] (q) An underpass project;

      [(o)] (r) A water project; and

      [(p)] (s) Any combination of such projects.

      2.  In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) An electrical project;

      (b) A telephone project;

      (c) A combination of an electrical project and a telephone project;

      (d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

      (e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

      3.  In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

 


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ê2009 Statutes of Nevada, Page 1404 (Chapter 321, SB 358)ê

 

with the approval of each service provider that owns the overhead service facilities to be converted.

      4.  In addition to the power specified in subsections 1, 2 and 3, if the governing body of a municipality in a county whose population is less than 400,000 complies with the provisions of NRS 271.650, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) An art project; and

      (b) A tourism and entertainment project.

      Sec. 19.  NRS 331.095 is hereby amended to read as follows:

      331.095  1.  The Chief shall establish a program to track the use of energy in buildings owned by the State and [may establish such a program, where appropriate, for] in other buildings which are occupied by a state agency [.] and whose owners comply with the program pursuant to subsection 6.

      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 Chief 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 Chief 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 Buildings and Grounds Division 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.

      6.  Notwithstanding any other provision of law, an owner of a building who enters into a contract with a state agency for occupancy in his building:

      (a) If the contract is entered into before the effective date of this act, may comply with the program; and

      (b) If the contract is entered into on or after the effective date of this act, shall, to the extent practicable as determined by the Chief, comply with the program.

 


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ê2009 Statutes of Nevada, Page 1405 (Chapter 321, SB 358)ê

 

Ê If an owner chooses not to comply with the program pursuant to paragraph (a), a state or local agency shall not, after the effective date of this act, enter into a contract for occupancy of a building owned by the owner, except that the Chief may authorize a state or local agency to enter into a contract for the occupancy of a building owned by an owner who does not comply with the program if the Chief determines that it is impracticable for the owner to comply with the program.

      Sec. 19.1.  NRS 332.430 is hereby amended to read as follows:

      332.430  A qualified service company shall provide to the [Office of Energy within the Office of the Governor] Renewable Energy and Energy Efficiency Authority information concerning each performance contract which the qualified service company enters into pursuant to NRS 332.300 to 332.440, inclusive, including, without limitation, the name of the project, the local government for which the project is being carried out and the expected operating cost savings. The [Office of Energy] Renewable Energy and Energy Efficiency Authority may report any energy savings realized as a result of such performance contracts to the United States Department of Energy pursuant to 42 U.S.C. § 13385.

      Sec. 19.2.  NRS 333A.080 is hereby amended to read as follows:

      333A.080  1.  The State Public Works Board shall determine those companies that satisfy the requirements of qualified service companies for the purposes of this chapter. In making such a determination, the State Public Works Board shall enlist the assistance of the staffs of the [Office of Energy within the Office of the Governor,] the Renewable Energy and Energy Efficiency Authority, the Buildings and Grounds Division of the Department of Administration and the Purchasing Division of the Department of Administration. The State Public Works Board shall prepare and issue a request for qualifications to not less than three potential qualified service companies.

      2.  In sending out a request for qualifications, the State Public Works Board:

      (a) Shall attempt to identify at least one potential qualified service company located within this State; and

      (b) May consider whether and to what extent the companies to which the request for qualifications will be sent will use local contractors.

      3.  The State Public Works Board shall adopt, by regulation, criteria to determine those companies that satisfy the requirements of qualified service companies. The criteria for evaluation must include, without limitation, the following areas as substantive factors to assess the capability of such companies:

      (a) Design;

      (b) Engineering;

      (c) Installation;

      (d) Maintenance and repairs associated with performance contracts;

      (e) Experience in conversions to different sources of energy or fuel and other services related to operating cost-savings measures provided that is done in association with a comprehensive energy, water or waste disposal cost-savings retrofit;

      (f) Monitoring projects after the projects are installed;

      (g) Data collection and reporting of savings;

      (h) Overall project experience and qualifications;

      (i) Management capability;

 


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ê2009 Statutes of Nevada, Page 1406 (Chapter 321, SB 358)ê

 

      (j) Ability to access long-term financing;

      (k) Experience with projects of similar size and scope; and

      (l) Such other factors determined by the State Public Works Board to be relevant and appropriate to the ability of a company to perform the projects.

Ê In determining whether a company satisfies the requirements of a qualified service company, the State Public Works Board shall also consider whether the company holds the appropriate licenses required for the design, engineering and construction which would be completed pursuant to a performance contract.

      4.  The State Public Works Board shall compile a list of those companies that it determines satisfy the requirements of qualified service companies.

      Sec. 19.3.  NRS 333A.140 is hereby amended to read as follows:

      333A.140  A qualified service company shall provide to the [Office of Energy within the Office of the Governor] Renewable Energy and Energy Efficiency Authority information concerning each performance contract which the qualified service company enters into pursuant to this chapter, including, without limitation, the name of the project, the using agency for which the project is being carried out and the expected operating cost savings. The [Office of Energy] Renewable Energy and Energy Efficiency Authority may report any energy savings realized as a result of such performance contracts to the United States Department of Energy pursuant to 42 U.S.C. § 13385.

      Sec. 19.4.  Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body of each local government shall, within 60 days after the effective date of this section, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:

      (a) Be developed with input from one or more energy retrofit coordinators designated pursuant to NRS 338.1907, if any.

      (b) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:

            (1) The length of time necessary to commence the project.

            (2) The number of workers estimated to be employed on the project.

            (3) The effectiveness of the project in reducing energy consumption.

            (4) The estimated cost of the project.

            (5) Whether the project is able to be powered by or otherwise use sources of renewable energy.

            (6) Whether the project has qualified for participation in one or more of the following programs:

                  (I) The Solar Energy Systems Incentive Program created by NRS 701B.240;

                  (II) The Renewable Energy School Pilot Program created by NRS 701B.350;

                  (III) The Wind Energy Systems Demonstration Program created by NRS 701B.580; or

                  (IV) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820.

 


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ê2009 Statutes of Nevada, Page 1407 (Chapter 321, SB 358)ê

 

      (c) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.

      2.  The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Nevada Energy Commissioner and to any other entity designated for that purpose by the Legislature.

      3.  As used in this section:

      (a) “Local government” means each city or county that meets the definition of “eligible unit of local government” as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in subsection 11 of NRS 338.010, that does not meet the definition of “eligible entity” as set forth in 42 U.S.C. § 17151.

      (b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

            (1) Biomass;

            (2) Fuel cells;

            (3) Geothermal energy;

            (4) Solar energy;

            (5) Waterpower; and

            (6) Wind.

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

      (c) “Retrofit” means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

      Sec. 19.5.  Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 19.6 and 19.7 of this act.

      Sec. 19.6.  To the extent money is available, the Nevada Renewable Energy Integration and Development Consortium of the Nevada System of Higher Education or its successor organization shall:

      1.  Serve as a resource of information concerning research that is conducted relating to renewable energy and energy efficiency in this State.

      2.  Work with the Nevada Institute for Renewable Energy Commercialization or its successor organization to establish a mechanism for transferring technology to the marketplace, including, without limitation, within the limits of available grant money, establishing support for start-up energy technology businesses and ensuring the appropriate protection of intellectual property.

      3.  Provide information concerning renewable energy and energy efficiency to the Office of Energy and the Renewable Energy and Energy Efficiency Authority.

      Sec. 19.7.  To the extent money is available, the Board of Regents shall establish within the fields of science, engineering, business administration and political science within the System programs designed to improve the ability of students in those fields to serve the renewable energy industry in this State.

 


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ê2009 Statutes of Nevada, Page 1408 (Chapter 321, SB 358)ê

 

      Sec. 19.8.  Section 19.4 of this act is hereby amended to read as follows:

      Sec. 19.4.  Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body of each local government shall, within 60 days after the effective date of this section, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:

      (a) Be developed with input from one or more energy retrofit coordinators designated pursuant to NRS 338.1907, if any.

      (b) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:

            (1) The length of time necessary to commence the project.

            (2) The number of workers estimated to be employed on the project.

            (3) The effectiveness of the project in reducing energy consumption.

            (4) The estimated cost of the project.

            (5) Whether the project is able to be powered by or otherwise use sources of renewable energy.

            (6) Whether the project has qualified for participation in one or more of the following programs:

                  (I) The Solar Energy Systems Incentive Program created by NRS 701B.240; or

                  (II) The Renewable Energy School Pilot Program created by NRS 701B.350 . [;

                  (III) The Wind Energy Systems Demonstration Program created by NRS 701B.580; or

                  (IV) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820.]

      (c) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.

      2.  The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Nevada Energy Commissioner and to any other entity designated for that purpose by the Legislature.

      3.  As used in this section:

      (a) “Local government” means each city or county that meets the definition of “eligible unit of local government” as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in subsection 11 of NRS 338.010, that does not meet the definition of “eligible entity” as set forth in 42 U.S.C. § 17151.

      (b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

            (1) Biomass;

            (2) Fuel cells;

            (3) Geothermal energy;

 


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ê2009 Statutes of Nevada, Page 1409 (Chapter 321, SB 358)ê

 

            (4) Solar energy;

            (5) Waterpower; and

            (6) Wind.

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

      (c) “Retrofit” means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

      Sec. 19.9.  NRS 701.350, 701.360, 701B.170, 701B.270, 701B.530, 701B.620, 701B.630, 701B.770 and 701B.890 are hereby repealed.

      Sec. 20.  1.  On or before February 1, 2010, the Public Utilities Commission of Nevada shall adopt the regulations to carry out:

      (a) The provisions of NRS 701B.010 to 701B.290, inclusive, as amended by this act, and sections 1.89, 1.9 and 1.91 of this act;

      (b) The provisions of NRS 701B.400 to 701B.650, inclusive, as amended by this act, and sections 1.92 and 1.93 of this act; and

      (c) The provisions of NRS 701B.700 to 701B.880, inclusive, as amended by this act, and section 1.95 of this act.

      2.  The incentives offered to participants in the Solar Energy Systems Incentive Program on July 1, 2008, must remain in effect until the Commission establishes different incentives pursuant to the regulations adopted pursuant paragraph (a) of subsection 1.

      3.  Any capacity from previous program years which was authorized for the Solar Energy Systems Incentive Program pursuant to NRS 701B.260 and any regulations adopted pursuant thereto and which remains unallocated on July 1, 2009, must be allocated to qualified applicants who were placed on the prioritized waiting list established pursuant to NRS 701B.260 and any regulations adopted pursuant thereto before July 1, 2009, and those applicants must be offered the incentives which were offered to participants in the Solar Program on July 1, 2008.

      4.  The incentives offered to participants in the Wind Energy Systems Demonstration Program on July 1, 2008, must remain in effect until the Commission establishes different incentives pursuant to the regulations adopted pursuant to paragraph (b) of subsection 1.

      5.  The incentives offered to participants in the Waterpower Energy Systems Demonstration Program on July 1, 2008, must remain in effect until the Commission establishes different incentives pursuant to the regulations adopted pursuant to paragraph (c) of subsection 1.

      6.  Any kilowatts of capacity that have been unused from the inceptions of the Solar Energy Systems Incentive Program, Wind Energy Systems Demonstration Program and Waterpower Energy Systems Demonstration Program pursuant to NRS 701B.260, 701B.620 and 701B.850 until the effective date of this section may be allocated pursuant to the amendatory provisions of this act.

      Sec. 20.1.  On or before February 1, 2013, and on or before February 1, 2017, the Public Utilities Commission of Nevada shall submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report concerning the Solar Energy Systems Incentive Program created by NRS 701B.240, including, without limitation, information concerning:

      1.  For each category of participants in the Solar Program, the number of solar energy systems installed;

 


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ê2009 Statutes of Nevada, Page 1410 (Chapter 321, SB 358)ê

 

      2.  The amount of funding provided by utilities for the installation of distributed generation systems pursuant to paragraph (b) of subsection 1 of NRS 701B.260;

      3.  Any other information relating to participation in, funding of and administration of the Solar Program which the Commission determines is relevant; and

      4.  Any recommendations concerning the continuation of the Solar Program and the levels of funding provided by utilities.

      Secs. 20.3 and 20.5.  (Deleted by amendment.)

      Sec. 20.7.  1.  The Director of the Office of Energy shall apply for and accept any grant, appropriation, allocation or other money available pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to assist the Director in carrying out his duties and the duties of the Office of Energy.

      2.  The Nevada Energy Commissioner shall apply for and accept any grant, appropriation, allocation or other money available pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to assist the Commissioner in carrying out his duties and the duties of the Renewable Energy and Energy Efficiency Authority.

      Sec. 20.8.  For the period beginning July 1, 2009, and ending June 30, 2010, the Public Utilities Commission of Nevada shall levy and collect from utilities that provide electricity or natural gas in this State the annual assessment described in NRS 704.033, as amended by section 11.7 of this act, that must be:

      1.  For the use of the Renewable Energy and Energy Efficiency Authority, 0.21 mills; and

      2.  For the use of the Office of Energy, 0.07 mills,

Ê unless the Legislature or the Interim Finance Committee establishes a different amount on or before June 15, 2009.

      Sec. 20.9.  Any regulation adopted by the Director of the Office of Energy before the effective date of this section, the responsibility for which has been transferred pursuant to the provisions of this act to the Nevada Energy Commissioner:

      1.  Remains in force until repealed or replaced by the Commissioner; and

      2.  May be enforced by the Commissioner.

      Sec. 21.  1.  This section and sections 1 to 1.51, inclusive, 1.55 to 19.7, inclusive, and 19.9 to 20.9, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1.51, 1.85, 1.87, 1.92, 1.93, 1.95, 4.3 to 9, inclusive, and 19.4 of this act expire by limitation on June 30, 2011.

      3.  Sections 1.53 and 19.8 of this act become effective on July 1, 2011.

________

 


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ê2009 Statutes of Nevada, Page 1411ê

 

CHAPTER 322, AB 165

Assembly Bill No. 165–Assemblymen Buckley, Parnell, Conklin, Anderson, Oceguera; Aizley, Arberry, Atkinson, Bobzien, Carpenter, Claborn, Denis, Dondero Loop, Gansert, Goicoechea, Grady, Hardy, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, McClain, Mortenson, Munford, Ohrenschall, Pierce, Segerblom, Smith, Spiegel, Stewart and Woodbury

 

Joint Sponsors: Senators Care, Wiener, Parks, Horsford, Hardy; Breeden, Coffin, Copening, Mathews and Schneider

 

CHAPTER 322

 

AN ACT relating to state financial administration; revising the provisions governing the Fund to Stabilize the Operation of the State Government; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      The Fund to Stabilize the Operation of the State Government, also known as the Rainy Day Fund, is a special revenue fund into which surplus state revenues are deposited to be used in case of fiscal emergencies. Under existing law, the State Controller is required to deposit to the credit of the Fund 40 percent of the unrestricted balance of the State General Fund, as of the end of the previous fiscal year, that remains after subtracting an amount equal to 10 percent of all appropriations made from the State General Fund during that fiscal year for the operation of the State Government and the funding of schools. (NRS 353.288) Section 2 of this bill reduces from 10 percent to 7 percent the amount of the appropriations subtracted in calculating the current transfer to the Fund each biennium that is set forth in existing law. Commencing with the fiscal year that begins on July 1, 2011, section 2 also requires the State Controller to transfer from the State General Fund to the Fund to Stabilize the Operation of the State Government at the beginning of each fiscal year 1 percent of the total anticipated revenue projected for that fiscal year by the Economic Forum in May of odd-numbered years, as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal year. Existing law requires that all projections of revenue and any other information concerning future state revenue contained in the proposed budget for the Executive Department of the State Government be based upon the projections and estimates prepared by the Economic Forum. (NRS 353.228, 353.230)

      Section 2 of this bill also increases the maximum balance allowed in the Fund to Stabilize the Operation of the State Government from 15 percent to 20 percent of the total of all appropriations from the State General Fund for the operation of the State Government and the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be transferred to the Fund to Stabilize the Operation of the State Government.

      Finally, section 2 of this bill provides that the money transferred to the Fund to Stabilize the Operation of the State Government is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money to offset a budget shortfall or fiscal emergency in certain specified circumstances and clarifies the responsibility for determining whether the specified circumstances exist. Section 2 sets forth the procedure for the transfer of money in the Fund to Stabilize the Operation of the State Government to the State General Fund by the Interim Finance Committee after a determination or declaration of such a budget shortfall or fiscal emergency.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 1412 (Chapter 322, AB 165)ê

 

      Under existing law, the proposed budget for the Executive Department of the State Government for each fiscal year of a biennium is required to include a reserve of not less than 5 percent or more than 10 percent of the total of all proposed appropriations from the State General Fund for the operation of the State Government and authorized expenditures from the State General Fund for the regulation of gaming for that fiscal year. (NRS 353.213) Section 1 of this bill requires an additional reservation in the proposed biennial budget of an amount equal to 1 percent of the total anticipated revenue projected for each fiscal year of the biennium by the Economic Forum in December of even-numbered years, as adjusted by any changes or adjustments to state revenue recommended in the proposed budget for that biennium. This reserved money, as further adjusted by the Economic Forum in May of odd-numbered years and by any applicable legislation, is the money that will be transferred by the State Controller from the State General Fund to the Fund to Stabilize the Operation of the State Government at the beginning of each fiscal year of the biennium pursuant to section 2 of this bill. The proposed budget for the period that begins on July 1, 2011, and ends on June 30, 2013, is the first biennial budget for which such a reservation is required.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.213 is hereby amended to read as follows:

      353.213  1.  In preparing the proposed budget for the Executive Department of the State Government for each biennium, the Chief shall not exceed the limit upon total proposed expenditures for purposes other than construction and reducing any unfunded accrued liability of the State Retirees’ Health and Welfare Benefits Fund created by NRS 287.0436 from the State General Fund calculated pursuant to this section. The base for each biennium is the total expenditure, for the purposes limited, from the State General Fund appropriated and authorized by the Legislature for the biennium beginning on July 1, 1975.

      2.  The limit for each biennium is calculated as follows:

      (a) The amount of expenditure constituting the base is multiplied by the percentage of change in population for the current biennium from the population on July 1, 1974, and this product is added to or subtracted from the amount of expenditure constituting the base.

      (b) The amount calculated pursuant to paragraph (a) is multiplied by the percentage of inflation or deflation, and this product is added to or subtracted from the amount calculated pursuant to paragraph (a).

      (c) Subject to the limitations of this paragraph:

            (1) If the amount resulting from the calculations pursuant to paragraphs (a) and (b) represents a net increase over the base biennium, the Chief may increase the proposed expenditure accordingly.

            (2) If the amount represents a net decrease, the Chief shall decrease the proposed expenditure accordingly.

            (3) If the amount is the same as in the base biennium, that amount is the limit of permissible proposed expenditure.

[Ê]

      3.  The proposed budget for each fiscal year of the biennium must provide for a reserve of [not] :

      (a) Not less than 5 percent [nor] or more than 10 percent of the total of all proposed appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and authorized expenditures from the State General Fund for the regulation of gaming for that fiscal year [.

 


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ê2009 Statutes of Nevada, Page 1413 (Chapter 322, AB 165)ê

 

all departments, institutions and agencies of the State Government and authorized expenditures from the State General Fund for the regulation of gaming for that fiscal year [.

      3.] ; and

      (b) Commencing with the proposed budget for the period that begins on July 1, 2011, and ends on June 30, 2013, 1 percent of the total anticipated revenue for each of the two fiscal years of the biennium for which the budget is proposed, as projected by the Economic Forum for each of those fiscal years pursuant to paragraph (d) of subsection 1 of NRS 353.228 and as adjusted by any changes or adjustments to state revenue that are recommended in the proposed budget for those fiscal years.

      4.  The revised estimate of population for the State issued by the United States Department of Commerce as of July 1, 1974, must be used, and the Governor shall certify the percentage of increase or decrease in population for each succeeding biennium. The Consumer Price Index published by the United States Department of Labor for July preceding each biennium must be used in determining the percentage of inflation or deflation.

      [4.] 5.  The Chief may exceed the limit to the extent necessary to meet situations in which there is a threat to life or property.

      [5.] 6.  As used in this section, “unfunded accrued liability” means a liability with an actuarially determined value which exceeds the value of the assets in the fund from which payments are made to discharge the liability.

      Sec. 2.  NRS 353.288 is hereby amended to read as follows:

      353.288  1.  The Fund to Stabilize the Operation of the State Government is hereby created as a special revenue fund. Except as otherwise provided in subsections [2] 3 and [3,] 4, each year after the close of the previous fiscal year and before the issuance of the State Controller’s annual report, the State Controller shall [deposit to the credit of] transfer from the State General Fund to the Fund [40] to Stabilize the Operation of the State Government:

      (a) Forty percent of the unrestricted balance of the State General Fund, as of the close of the previous fiscal year, which remains after subtracting an amount equal to [10] 7 percent of all appropriations made from the State General Fund during that previous fiscal year for the operation of all departments, institutions and agencies of State Government and for the funding of schools [.] ; and

      (b) Commencing with the fiscal year that begins on July 1, 2011, 1 percent of the total anticipated revenue for the fiscal year in which the transfer will be made, as projected by the Economic Forum for that fiscal year pursuant to paragraph (e) of subsection 1 of NRS 353.228 and as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal year.

      2.  Money transferred pursuant to subsection 1 to the Fund to Stabilize the Operation of the State Government is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.

      3.  The balance in the Fund [,] to Stabilize the Operation of the State Government, excluding the aggregate balance in the Disaster Relief Account and the Emergency Assistance Subaccount, must not exceed [15] 20 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be [deposited in] transferred to the Fund [.

 


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ê2009 Statutes of Nevada, Page 1414 (Chapter 322, AB 165)ê

 

the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be [deposited in] transferred to the Fund [.

      3.] to Stabilize the Operation of the State Government.

      4.  Except as otherwise provided in this subsection and NRS 353.2735, beginning with the fiscal year that begins on July 1, 2003, the State Controller shall, at the end of each quarter of a fiscal year, transfer from the State General Fund to the Disaster Relief Account created pursuant to NRS 353.2735 an amount equal to not more than 10 percent of the aggregate balance in the Fund to Stabilize the Operation of the State Government during the previous quarter, excluding the aggregate balance in the Disaster Relief Account and the Emergency Assistance Subaccount created pursuant to NRS 414.135. The State Controller shall not transfer more than $500,000 for any quarter pursuant to this subsection.

      [4.  Money]

      5.  The Chief of the Budget Division of the Department of Administration may submit a request to the State Board of Examiners to transfer money from the Fund to Stabilize the Operation of the State Government [may be appropriated only:] to the State General Fund:

      (a) If the total actual revenue of the State falls short by 5 percent or more of the total anticipated revenue for the biennium in which the [appropriation is] transfer will be made [;] , as determined by the Legislature, or the Interim Finance Committee if the Legislature is not in session; or

      (b) If the Legislature , or the Interim Finance Committee if the Legislature is not in session, and the Governor declare that a fiscal emergency exists.

      6.  The State Board of Examiners shall consider a request made pursuant to subsection 5 and shall, if it finds that a transfer should be made, recommend the amount of the transfer to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.

      7.  If the Interim Finance Committee finds that a transfer recommended by the State Board of Examiners should and may lawfully be made, the Committee shall by resolution establish the amount and direct the State Controller to transfer that amount to the State General Fund. The State Controller shall thereupon make the transfer.

      Sec. 2.5.  NRS 218.6827 is hereby amended to read as follows:

      218.6827  1.  Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in regular or special session.

      2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.090, NRS 341.142, subsection 6 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288 and 353.335, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620, 439.630, 445B.830 and 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chairman of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

 


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ê2009 Statutes of Nevada, Page 1415 (Chapter 322, AB 165)ê

 

      3.  The Chairman of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Board that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.090, NRS 341.142 and subsection 6 of NRS 341.145. If the Chairman appoints such a subcommittee:

      (a) The Chairman shall designate one of the members of the subcommittee to serve as the chairman of the subcommittee;

      (b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chairman of the subcommittee; and

      (c) The Director of the Legislative Counsel Bureau or his designee shall act as the nonvoting recording secretary of the subcommittee.

      Sec. 3.  1.  The Governor shall provide initially for the reserve required pursuant to paragraph (b) of subsection 3 of NRS 353.213, as amended by section 1 of this act, in the proposed biennial budget for the period that begins on July 1, 2011, and ends on June 30, 2013.

      2.  The fiscal year that begins on July 1, 2011, is the initial fiscal year in which a transfer of money must be made from the State General Fund to the Fund to Stabilize the Operation of the State Government pursuant to paragraph (b) of subsection 1 of NRS 353.288, as amended by section 2 of this act.

      Sec. 4.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 323, AB 266

Assembly Bill No. 266–Assemblyman Oceguera

 

CHAPTER 323

 

AN ACT relating to lighters; prohibiting the sale of novelty lighters; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      This bill prohibits the sale or distribution as a promotion of novelty lighters. This bill also provides a comprehensive definition of a “novelty lighter.” This bill becomes effective on January 1, 2010.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a person may not sell at retail, offer for retail sale or distribute for retail sale or promotion in this State a novelty lighter.

      2.  This section does not apply to the transportation of novelty lighters through this State or the storage of novelty lighters in a warehouse or distribution center in this State that is closed to the public for purposes of retail sales.

 


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ê2009 Statutes of Nevada, Page 1416 (Chapter 323, AB 266)ê

 

      3.  The Attorney General or any district attorney, on the request of the State Fire Marshal or on his own motion, may bring an action in any court of competent jurisdiction in the name of the State of Nevada to enjoin a violation of this section.

      4.  A person who violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than $500. No sentence of incarceration may be imposed.

      5.  As used in this section, “novelty lighter”:

      (a) Means a mechanical or electrical device which is typically used for lighting cigarettes, cigars or pipes that may operate on any fuel, including, without limitation, butane, isobutene or liquid fuel, and which:

            (1) Is designed to resemble and reasonably does resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food, beverage or other similar article that does not resemble a standard disposable lighter; or

            (2) Plays musical notes, has flashing lights or has more than one button or function; and

      (b) Does not include:

            (1) A lighter manufactured before January 1, 1980;

            (2) A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame;

            (3) Any mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills; or

            (4) Standard disposable lighters that are printed or decorated, including, without limitation, through the use of a heat shrinkable sleeve, with logos, labels, decals or artwork.

      Sec. 2.  This act becomes effective on January 1, 2010.

________

 


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ê2009 Statutes of Nevada, Page 1417ê

 

CHAPTER 324, AB 10

Assembly Bill No. 10–Committee on Health and Human Services

 

CHAPTER 324

 

AN ACT relating to health care; prohibiting certain retaliation or discrimination against registered nurses, licensed practical nurses and nursing assistants who report certain information, refuse to engage in certain conduct or participate in certain investigations or proceedings relating to the safety of patients; providing civil remedies and civil penalties for violations; prohibiting the licensing boards of physicians from taking adverse action against a physician who discloses or cooperates in the investigation of a violation of any law, rule or regulation by an applicant or licensee; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law prohibits a medical facility, physician or osteopathic physician from retaliating or discriminating against an employee who reports in good faith information concerning the conduct of a physician or osteopathic physician to the Board of Medical Examiners or the State Board of Osteopathic Medicine, reports in good faith a sentinel event to the Health Division of the Department of Health and Human Services or cooperates or participates in good faith in an investigation or proceeding conducted by the Board of Medical Examiners, the State Board of Osteopathic Medicine or another governmental entity concerning the conduct or sentinel event. Existing law also prohibits such retaliation or discrimination against a registered nurse, licensed practical nurse or nursing assistant who refuses to provide nursing services that he does not have the knowledge, skill or experience to provide. (NRS 449.205, 630.293, 633.505)

      Sections 1, 3 and 5 of this bill provide additional protection against retaliation or discrimination for a registered nurse, licensed practical nurse or nursing assistant who: (1) reports in good faith certain information or concerns regarding the safety of patients; or (2) refuses to engage in conduct which would violate his duty to protect patients from actual or potential harm or which would subject him to disciplinary action by the State Board of Nursing. Sections 1, 3 and 5 also add a definition of “good faith.”

      Existing law provides that an employee of a medical facility, physician or osteopathic physician or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the medical facility, physician or osteopathic physician may file an action in court based on retaliation or discrimination. (NRS 449.207, 630.296, 633.507) Sections 2, 4 and 6 of this bill expand these provisions by authorizing the court in such an action to award compensatory damages, reimbursement of lost wages and benefits, attorney’s fees and punitive damages and to grant any equitable relief it considers appropriate. Sections 2, 4 and 6 also provide that the Attorney General or any district attorney of this State may bring a civil action in the name of the State of Nevada to recover a civil penalty of not more than $10,000 for each such act of retaliation or discrimination.

      Existing law provides immunity from civil liability to physicians, homeopathic physicians and osteopathic physicians for providing certain information concerning an applicant for a license or a licensee in good faith to their licensing boards and others for the decisions or actions taken by them in good faith in response to information received by the board. (NRS 630.364, 630A.540, 633.691) Sections 4.3, 4.7 and 7 of this bill further prohibit the licensing board of a physician, homeopathic physician or osteopathic physician from taking any adverse action against a physician, homeopathic physician or osteopathic physician for disclosing a violation of any law, rule or regulation to a governmental entity or for cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation.

 


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ê2009 Statutes of Nevada, Page 1418 (Chapter 324, AB 10)ê

 

this bill further prohibit the licensing board of a physician, homeopathic physician or osteopathic physician from taking any adverse action against a physician, homeopathic physician or osteopathic physician for disclosing a violation of any law, rule or regulation to a governmental entity or for cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 449.205 is hereby amended to read as follows:

      449.205  1.  A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against:

      (a) An employee of the medical facility or a person acting on behalf of the employee who in good faith:

            (1) Reports to the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, information relating to the conduct of a physician which may constitute grounds for initiating disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients;

            (2) Reports a sentinel event to the Health Division pursuant to NRS 439.835; or

            (3) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board of Medical Examiners, the State Board of Osteopathic Medicine or another governmental entity relating to conduct described in subparagraph (1) or (2) [.] ; or

      (b) A registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the medical facility and who [, in] :

            (1) In accordance with the policy, if any, established by the medical facility:

            [(1)] (I) Reports to his immediate supervisor, in writing, that he does not possess the knowledge, skill or experience to comply with an assignment to provide nursing services to a patient; and

            [(2)] (II) Refuses to provide to a patient nursing services for which, as verified by documentation in the personnel file of the registered nurse, licensed practical nurse or nursing assistant concerning his competence to provide various nursing services, he does not possess the knowledge, skill or experience to comply with the assignment to provide nursing services to the patient, unless [such] the refusal constitutes unprofessional conduct as set forth in chapter 632 of NRS or any regulations adopted pursuant thereto [.] ;

            (2) In good faith, reports to the medical facility, the Board of Medical Examiners, the State Board of Osteopathic Medicine, the State Board of Nursing, the Legislature or any committee thereof or any other governmental entity:

                  (I) Any information concerning the willful conduct of another registered nurse, licensed practical nurse or nursing assistant which violates any provision of chapter 632 of NRS or which is required to be reported to the State Board of Nursing;

 


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ê2009 Statutes of Nevada, Page 1419 (Chapter 324, AB 10)ê

 

                  (II) Any concerns regarding patients who may be exposed to a substantial risk of harm as a result of the failure of the medical facility or any agent or employee thereof to comply with minimum professional or accreditation standards or applicable statutory or regulatory requirements; or

                  (III) Any other concerns regarding the medical facility, the agents and employees thereof or any situation that reasonably could result in harm to patients; or

            (3) Refuses to engage in conduct that would violate the duty of the registered nurse, licensed practical nurse or nursing assistant to protect patients from actual or potential harm, including, without limitation, conduct which would violate any provision of chapter 632 of NRS or which would subject the registered nurse, licensed practical nurse or nursing assistant to disciplinary action by the State Board of Nursing.

      2.  A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the medical facility or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the medical facility because the employee, registered nurse, licensed practical nurse or nursing assistant has taken an action described in subsection 1.

      3.  A medical facility or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the medical facility or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the medical facility to take an action described in subsection 1.

      4.  As used in this section:

      (a) “Good faith” means honesty in fact in the reporting of the information or in the cooperation in the investigation concerned.

      (b) “Physician” means a person licensed to practice medicine pursuant to chapter 630 or 633 of NRS.

      [(b)] (c) “Retaliate or discriminate”:

            (1) Includes, without limitation, any of the following [action if such action is] actions if taken solely because the employee , [or the] registered nurse, licensed practical nurse or nursing assistant took an action described in subsection 1:

                  (I) Frequent or undesirable changes in the location where the [employee] person works;

                  (II) Frequent or undesirable transfers or reassignments;

                  (III) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

                  (IV) A demotion;

                  (V) A reduction in pay;

                  (VI) The denial of a promotion;

                  (VII) A suspension;

                  (VIII) A dismissal;

                  (IX) A transfer; or

                  (X) Frequent changes in working hours or workdays.

 


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ê2009 Statutes of Nevada, Page 1420 (Chapter 324, AB 10)ê

 

            (2) Does not include an action described in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action is taken in the normal course of employment or as a form of discipline.

      Sec. 2.  NRS 449.207 is hereby amended to read as follows:

      449.207  1.  An employee of a medical facility or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the medical facility and who believes that he has been retaliated or discriminated against in violation of NRS 449.205 may file an action in a court of competent jurisdiction . [for such relief as may be appropriate under the law.]

      2.  If a court determines that a violation of NRS 449.205 has occurred, the court may award such damages as it determines to have resulted from the violation, including, without limitation:

      (a) Compensatory damages;

      (b) Reimbursement of any wages, salary, employment benefits or other compensation denied to or lost by the employee, registered nurse, licensed practical nurse or nursing assistant as a result of the violation;

      (c) Attorney’s fees and costs, including, without limitation, fees for expert witnesses; and

      (d) Punitive damages, if the facts warrant.

      3.  The court shall award interest on the amount of damages at a rate determined pursuant to NRS 17.130.

      4.  The court may grant any equitable relief it considers appropriate, including, without limitation, reinstatement of the employee, registered nurse, licensed practical nurse or nursing assistant and any temporary, preliminary or permanent injunctive relief.

      5.  If any action to retaliate or discriminate is taken against an employee, registered nurse, licensed practical nurse or nursing assistant within 60 days after the employee, registered nurse, licensed practical nurse or nursing assistant takes any action described in subsection 1 of NRS 449.205, there is a rebuttable presumption that the action taken against the employee, registered nurse, licensed practical nurse or nursing assistant constitutes retaliation or discrimination in violation of NRS 449.205.

      6.  A medical facility or any agent or employee thereof that violates the provisions of NRS 449.205 is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

      7.  Any action under this section must be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.

      8.  As used in this section, “retaliate or discriminate” has the meaning ascribed to it in NRS 449.205.

      Sec. 3.  NRS 630.293 is hereby amended to read as follows:

      630.293  1.  A physician or any agent or employee thereof shall not retaliate or discriminate unfairly against [an] :

      (a) An employee of the physician or a person acting on behalf of the employee who in good faith:

      [(a)] (1) Reports to the Board of Medical Examiners information relating to the conduct of the physician which may constitute grounds for initiating disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients;

 


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ê2009 Statutes of Nevada, Page 1421 (Chapter 324, AB 10)ê

 

a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients;

      [(b)] or

            (2) Reports a sentinel event to the Health Division of the Department of Health and Human Services pursuant to NRS 439.835;

      (b) A registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the physician and who:

            (1) In good faith, reports to the physician, the Board of Medical Examiners, the State Board of Nursing, the Legislature or any committee thereof or any other governmental entity:

                  (I) Any information concerning the willful conduct of another registered nurse, licensed practical nurse or nursing assistant which violates any provision of chapter 632 of NRS or which is required to be reported to the State Board of Nursing;

                  (II) Any concerns regarding patients who may be exposed to a substantial risk of harm as a result of the failure of the physician or any agent or employee thereof to comply with minimum professional or accreditation standards or applicable statutory or regulatory requirements; or

                  (III) Any other concerns regarding the physician, the agents and employees thereof or any situation that reasonably could result in harm to patients; or

            (2) Refuses to engage in conduct that would violate the duty of the registered nurse, licensed practical nurse or nursing assistant to protect patients from actual or potential harm, including, without limitation, conduct which would violate any provision of chapter 632 of NRS or which would subject the registered nurse, licensed practical nurse or nursing assistant to disciplinary action by the State Board of Nursing; or

      (c) [Cooperates] An employee of the physician, a person acting on behalf of the employee or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the physician and who cooperates or otherwise participates in an investigation or proceeding conducted by the Board of Medical Examiners or another governmental entity relating to conduct described in paragraph (a) or (b).

      2.  A physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the physician or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the physician because the employee , registered nurse, licensed practical nurse or nursing assistant has taken an action described in subsection 1.

      3.  A physician or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the physician or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the physician to take an action described in subsection 1.

      4.  As used in this section, “retaliate or discriminate”:

      (a) “Good faith” means honesty in fact in the reporting of the information or in the cooperation of the investigation concerned.

      (b) “Retaliate or discriminate”:

 


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ê2009 Statutes of Nevada, Page 1422 (Chapter 324, AB 10)ê

 

            (1) Includes, without limitation, any of the following [action if such action is] actions if taken solely because the employee , registered nurse, licensed practical nurse or nursing assistant took an action described in subsection 1:

            [(1)] (I) Frequent or undesirable changes in the location where the [employee] person works;

            [(2)] (II) Frequent or undesirable transfers or reassignments;

            [(3)] (III) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

            [(4)] (IV) A demotion;

            [(5)] (V) A reduction in pay;

            [(6)] (VI) The denial of a promotion;

            [(7)] (VII) A suspension;

            [(8)] (VIII) A dismissal;

            [(9)] (IX) A transfer; or

            [(10)] (X) Frequent changes in working hours or workdays.

      [(b)] (2) Does not include an action described in [subparagraphs (1) to (10),] sub-subparagraphs (I) to (X), inclusive, of [paragraph (a)] subparagraph (1) if the action is taken in the normal course of employment or as a form of discipline.

      Sec. 4.  NRS 630.296 is hereby amended to read as follows:

      630.296  1.  An employee of a physician or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the physician and who believes that he has been retaliated or discriminated against in violation of NRS 630.293 may file an action in a court of competent jurisdiction . [for such relief as may be appropriate.]

      2.  If a court determines that a violation of NRS 630.293 has occurred, the court may award such damages as it determines to have resulted from the violation, including, without limitation:

      (a) Compensatory damages;

      (b) Reimbursement of any wages, salary, employment benefits or other compensation denied to or lost by the employee, registered nurse, licensed practical nurse or nursing assistant as a result of the violation;

      (c) Attorney’s fees and costs, including, without limitation, fees for expert witnesses; and

      (d) Punitive damages, if the facts warrant.

      3.  The court shall award interest on the amount of damages at a rate determined pursuant to NRS 17.130.

      4.  The court may grant any equitable relief it considers appropriate, including, without limitation, reinstatement of the employee, registered nurse, licensed practical nurse or nursing assistant and any temporary, preliminary or permanent injunctive relief.

      5.  If any action to retaliate or discriminate is taken against an employee, registered nurse, licensed practical nurse or nursing assistant within 60 days after the employee, registered nurse, licensed practical nurse or nursing assistant takes any action described in subsection 1 of NRS 630.293, there is a rebuttable presumption that the action taken against the employee, registered nurse, licensed practical nurse or nursing assistant constitutes retaliation or discrimination in violation of NRS 630.293.

 


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ê2009 Statutes of Nevada, Page 1423 (Chapter 324, AB 10)ê

 

      6.  A physician or any agent or employee thereof that violates the provisions of NRS 630.293 is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

      7.  Any action under this section must be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.

      8.  As used in this section, “retaliate or discriminate” has the meaning ascribed to it in NRS 630.293.

      Sec. 4.3.  NRS 630.364 is hereby amended to read as follows:

      630.364  1.  Any person or organization who furnishes information concerning an applicant for a license or a licensee in good faith [and without malicious intent] in accordance with the provisions of this chapter is immune from any civil action for furnishing that information.

      2.  The Board and any of its members and its staff, counsel, investigators, experts, peer reviewers, committees, panels, hearing officers, consultants and the employees or volunteers of a diversion program are immune from any civil liability for:

      (a) Any decision or action taken in good faith [and without malicious intent] in response to information acquired by the Board.

      (b) Disseminating information concerning an applicant for a license or a licensee to other boards or agencies of the State, the Attorney General, any hospitals, medical societies, insurers, employers, patients and their families or any law enforcement agency.

      3.  The Board shall not commence an investigation, impose any disciplinary action or take any other adverse action against a physician for:

      (a) Disclosing to a governmental entity a violation of any law, rule or regulation by an applicant for a license to practice medicine or by a physician; or

      (b) Cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation, including, without limitation, providing testimony concerning the violation.

      4.  As used in this section [, “diversion] :

      (a) “Diversion program” means a program approved by the Board to correct a licensee’s alcohol or drug dependence or any other impairment.

      (b) “Governmental entity” includes, without limitation:

            (1) A federal, state or local officer, employee, agency, department, division, bureau, board, commission, council, authority or other subdivision or entity of a public employer;

            (2) A federal, state or local employee, committee, member or commission of the Legislative Branch of Government;

            (3) A federal, state or local representative, member or employee of a legislative body or a county, town, village or any other political subdivision or civil division of the State;

            (4) A federal, state or local law enforcement agency or prosecutorial office, or any member or employee thereof, or police or peace officer; and

            (5) A federal, state or local judiciary, or any member or employee thereof, or grand or petit jury.

 


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ê2009 Statutes of Nevada, Page 1424 (Chapter 324, AB 10)ê

 

      Sec. 4.7.  NRS 630A.540 is hereby amended to read as follows:

      630A.540  1.  In addition to any other immunity provided by the provisions of chapter 622A of NRS:

      [1.] (a) Any person who furnishes information to the Board, in good faith [and without malicious intent] in accordance with the provisions of this chapter, concerning a person who is licensed or certified or applies for a license or certificate under this chapter is immune from civil liability for furnishing that information.

      [2.] (b) The Board and its members, staff, counsel, investigators, experts, committees, panels, hearing officers and consultants are immune from civil liability for any decision or action taken in good faith [and without malicious intent] in response to information received by the Board.

      [3.] (c) The Board and any of its members are immune from civil liability for disseminating information concerning a person who is licensed or certified or applies for a license or certificate under this chapter to the Attorney General or any board or agency of the State, hospital, medical society, insurer, employer, patient or his family or law enforcement agency.

      2.  The Board shall not commence an investigation, impose any disciplinary action or take any other adverse action against a homeopathic physician for:

      (a) Disclosing to a governmental entity a violation of any law, rule or regulation by an applicant for a license to practice homeopathic medicine or by a homeopathic physician; or

      (b) Cooperating with a governmental entity that is conducting an investigation, hearing or inquiry into such a violation, including, without limitation, providing testimony concerning the violation.

      3.  As used in this section, “governmental entity” includes, without limitation:

      (a) A federal, state or local officer, employee, agency, department, division, bureau, board, commission, council, authority or other subdivision or entity of a public employer;

      (b) A federal, state or local employee, committee, member or commission of the Legislative Branch of Government;

      (c) A federal, state or local representative, member or employee of a legislative body or a county, town, village or any other political subdivision or civil division of the State;

      (d) A federal, state or local law enforcement agency or prosecutorial office, or any member or employee thereof, or police or peace officer; and

      (e) A federal, state or local judiciary, or any member or employee thereof, or grand or petit jury.

      Sec. 5.  NRS 633.505 is hereby amended to read as follows:

      633.505  1.  An osteopathic physician or any agent or employee thereof shall not retaliate or discriminate unfairly against [an] :

      (a) An employee of the osteopathic physician or a person acting on behalf of the employee who in good faith:

      [(a)] (1) Reports to the State Board of Osteopathic Medicine information relating to the conduct of the osteopathic physician which may constitute grounds for initiating disciplinary action against the osteopathic physician or which otherwise raises a reasonable question regarding the competence of the osteopathic physician to practice medicine with reasonable skill and safety to patients;

 


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ê2009 Statutes of Nevada, Page 1425 (Chapter 324, AB 10)ê

 

      [(b)] or

            (2) Reports a sentinel event to the Health Division of the Department of Health and Human Services pursuant to NRS 439.835;

      (b) A registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the osteopathic physician and who:

            (1) In good faith, reports to the osteopathic physician, the State Board of Osteopathic Medicine, the State Board of Nursing, the Legislature or any committee thereof or any other governmental entity:

                  (I) Any information concerning the willful conduct of another registered nurse, licensed practical nurse or nursing assistant which violates any provision of chapter 632 of NRS or which is required to be reported to the State Board of Nursing;

                  (II) Any concerns regarding patients who may be exposed to a substantial risk of harm as a result of the failure of the osteopathic physician or any agent or employee thereof to comply with minimum professional or accreditation standards or applicable statutory or regulatory requirements; or

                  (III) Any other concerns regarding the osteopathic physician, the agents and employees thereof or any situation that reasonably could result in harm to patients; or

            (2) Refuses to engage in conduct that would violate the duty of the registered nurse, licensed practical nurse or nursing assistant to protect patients from actual or potential harm, including, without limitation, conduct which would violate any provision of chapter 632 of NRS or which would subject the registered nurse, licensed practical nurse or nursing assistant to disciplinary action by the State Board of Nursing; or

      (c) [Cooperates] An employee of the osteopathic physician, a person acting on behalf of the employee or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the osteopathic physician and who cooperates or otherwise participates in an investigation or proceeding conducted by the State Board of Osteopathic Medicine or another governmental entity relating to conduct described in paragraph (a) or (b).

      2.  An osteopathic physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the osteopathic physician or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the osteopathic physician because the employee , registered nurse, licensed practical nurse or nursing assistant has taken an action described in subsection 1.

      3.  An osteopathic physician or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the osteopathic physician or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the osteopathic physician to take an action described in subsection 1.

      4.  As used in this section, “retaliate or discriminate”:

      (a) “Good faith” means honesty in fact in the reporting of the information or in the cooperation in the investigation concerned.

 


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ê2009 Statutes of Nevada, Page 1426 (Chapter 324, AB 10)ê

 

      (b) “Retaliate or discriminate”:

            (1) Includes, without limitation, any of the following [action if such action is] actions if taken solely because the employee , registered nurse, licensed practical nurse or nursing assistant took an action described in subsection 1:

            [(1)] (I) Frequent or undesirable changes in the location where the [employee] person works;

            [(2)] (II) Frequent or undesirable transfers or reassignments;

            [(3)] (III) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

            [(4)] (IV) A demotion;

            [(5)] (V) A reduction in pay;

            [(6)] (VI) The denial of a promotion;

            [(7)] (VII) A suspension;

            [(8)] (VIII) A dismissal;

            [(9)] (IX) A transfer; or

            [(10)] (X) Frequent changes in working hours or workdays.

      [(b)] (2) Does not include an action described in [subparagraphs (1) to (10),] sub-subparagraphs (I) to (X), inclusive, of [paragraph (a)] subparagraph (1) if the action is taken in the normal course of employment or as a form of discipline.

      Sec. 6.  NRS 633.507 is hereby amended to read as follows:

      633.507  1.  An employee of an osteopathic physician or a registered nurse, licensed practical nurse or nursing assistant who is employed by or contracts to provide nursing services for the osteopathic physician and who believes that he has been retaliated or discriminated against in violation of NRS 633.505 may file an action in a court of competent jurisdiction . [for such relief as may be appropriate under the law.]

      2.  If a court determines that a violation of NRS 633.505 has occurred, the court may award such damages as it determines to have resulted from the violation, including, without limitation:

      (a) Compensatory damages;

      (b) Reimbursement of any wages, salary, employment benefits or other compensation denied to or lost by the employee, registered nurse, licensed practical nurse or nursing assistant as a result of the violation;

      (c) Attorney’s fees and costs, including, without limitation, fees for expert witnesses; and

      (d) Punitive damages, if the facts warrant.

      3.  The court shall award interest on the amount of damages at a rate determined pursuant to NRS 17.130.

      4.  The court may grant any equitable relief it considers appropriate, including, without limitation, reinstatement of the employee, registered nurse, licensed practical nurse or nursing assistant and any temporary, preliminary or permanent injunctive relief.

      5.  If any action to retaliate or discriminate is taken against an employee, registered nurse, licensed practical nurse or nursing assistant within 60 days after the employee, registered nurse, licensed practical nurse or nursing assistant takes any action described in subsection 1 of NRS 633.505, there is a rebuttable presumption that the action taken against the employee, registered nurse, licensed practical nurse or nursing assistant constitutes retaliation or discrimination in violation of NRS 633.505.

 

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