NRS: CHAPTER 701 - ENERGY POLICY

[Rev. 1/18/2009 2:47:25 PM]

TITLE 58 - ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES

CHAPTER 701 - ENERGY POLICY

GENERAL PROVISIONS

NRS 701.010 Legislative findings; state policy.

NRS 701.020 Definitions.

NRS 701.030 “Biomass” defined.

NRS 701.040 “Consumer’s Advocate” defined.

NRS 701.050 “Director” defined.

NRS 701.060 “Fuel cell” defined.

NRS 701.065 “Net metering system” defined.

NRS 701.070 “Renewable energy” defined.

NRS 701.080 “Renewable energy generation project” defined.

NRS 701.090 “Task Force” defined.

OFFICE OF ENERGY

Organization

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

General Powers and Duties

NRS 701.160 Submission of report to Governor and Legislature.

NRS 701.170 Administration of gifts and grants; execution of research contracts and cooperative agreements; participation in federal programs; assistance to developers; regulations; creation of nonprofit corporations; execution of other agreements.

NRS 701.180 General duties concerning energy resources and energy conservation.

NRS 701.190 Preparation of comprehensive state energy plan.

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

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

Programs and Regulations Relating to Energy Usage

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

NRS 701.217 Adoption of Green Building Standards for certain public buildings; adoption of Green Building Rating System for certain purposes. [Repealed.]

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

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

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

NRS 701.250 Program to evaluate energy consumption of residential property. [Effective January 1, 2009.]

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

TASK FORCE FOR RENEWABLE ENERGY AND ENERGY CONSERVATION

NRS 701.350 Creation; appointment of members; qualifications for members; terms of members; vacancies; requirements and restrictions concerning members who are public officers or employees.

NRS 701.360 Selection and terms of Chairman and Vice Chairman; vacancies; quorum; meetings; members serve without compensation; per diem and travel expenses; Consumer’s Advocate to provide support and assistance.

NRS 701.370 Trust Fund for Renewable Energy and Energy Conservation: Creation; administration of Fund by Task Force; expenditures of money in Fund.

NRS 701.380 General duties of Task Force; submission of annual report to Legislative Commission and Governor.

_________

GENERAL PROVISIONS

NRS 701.010 Legislative findings; state policy.

1. The Legislature finds that:

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

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

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

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

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

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

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

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

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

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

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

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

(Added to NRS by 1977, 1163; A 1983, 2092; 1993, 1698; 2001, 3263; 2003, 1873)

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

1. Agricultural crops and agricultural wastes and residues;

2. Wood and wood wastes and residues;

3. Animal wastes;

4. Municipal wastes; and

5. Aquatic plants.

(Added to NRS by 2001, 3259)

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

(Added to NRS by 2001, 3259)

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

(Added to NRS by 2001, 3259)

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

(Added to NRS by 2001, 3259)

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

(Added to NRS by 2003, 1872)

NRS 701.070 “Renewable energy” defined.

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

(a) Biomass;

(b) Fuel cells;

(d) Solar energy;

(e) Waterpower; and

(f) Wind.

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

(Added to NRS by 2001, 3259)

NRS 701.080 “Renewable energy generation project” defined.

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

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

(Added to NRS by 2001, 3259)

NRS 701.090 “Task Force” defined. “Task Force” means the Task Force for Renewable Energy and Energy Conservation created by NRS 701.350.

(Added to NRS by 2001, 3259)

OFFICE OF ENERGY

Organization

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

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

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

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

(b) Serves at the pleasure of the Governor.

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

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

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

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

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

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

(Added to NRS by 2001, 3262)

General Powers and Duties

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

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

2. The Legislature on or before January 30 of each odd-numbered year.

(Added to NRS by 1975, 670; A 1977, 1166)—(Substituted in revision for NRS 523.181)

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

2. Expend money received from those gifts or grants or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.

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

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

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

NRS 701.180 General duties concerning energy resources and energy conservation. The Director shall:

1. Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources.

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;

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

4. 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. Solicit and serve as the point of contact for grants and other money from the Federal Government and other sources to promote:

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

(b) The use of renewable energy; and

8. Coordinate the activities and programs of the Office of Energy with the activities and programs of the Task Force, the Consumer’s Advocate and the Public Utilities Commission of Nevada and 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. Carry out all other directives concerning energy that are prescribed by the Governor.

(Added to NRS by 1977, 1164; A 1983, 2093; 2001, 3264)—(Substituted in revision for NRS 523.131)

NRS 701.190 Preparation of comprehensive state energy plan.

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

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

(b) The use of renewable energy; and

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.

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

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

(Added to NRS by 1977, 1164; A 1979, 1560; 2001, 3265)—(Substituted in revision for NRS 523.141)

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

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

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

(Added to NRS by 1977, 1165; A 1983, 2094; 1997, 2010; 2001, 3266)—(Substituted in revision for NRS 523.161)

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

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

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

(Added to NRS by 1977, 1165)—(Substituted in revision for NRS 523.151)

Programs and Regulations Relating to Energy Usage

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

(Added to NRS by 2005, 22nd Special Session, 76)

NRS 701.217 Adoption of Green Building Standards for certain public buildings; adoption of Green Building Rating System for certain purposes. Repealed. (See chapter 347, Statutes of Nevada 2007, at page 1656, and chapter 539, Statutes of Nevada 2007, at page 3389.)

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

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

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

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

(d) Insulation; and

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

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

2. The Director may exempt a building from a standard if 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 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. Such governing bodies shall assist the Director in the enforcement of the regulations adopted pursuant to this section.

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

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

(b) Contractors;

(d) Local building officials; and

(e) The general public,

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

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

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

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 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.

(Added to NRS by 1983, 1575; A 1985, 2289; 1993, 1699)—(Substituted in revision for NRS 523.167)

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

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

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

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

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

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

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

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

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

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

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

(Added to NRS by 2003, 1872)

NRS 701.250 Program to evaluate energy consumption of residential property. [Effective January 1, 2009.]

1. The Director 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.

(Added to NRS by 2007, 2973, effective January 1, 2009)

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

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

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

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

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

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

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

(Added to NRS by 2007, 3001)

TASK FORCE FOR RENEWABLE ENERGY AND ENERGY CONSERVATION

NRS 701.350 Creation; appointment of members; qualifications for members; terms of members; vacancies; requirements and restrictions concerning members who are public officers or employees.

1. The Task Force for Renewable Energy and Energy Conservation is hereby created. The Task Force consists of 15 members who are appointed as follows:

(a) Two members appointed by the Majority Leader of the Senate, one of whom represents the interests of the renewable energy industry in this State with respect to biomass and the other of whom represents the interests of the mining industry in this State.

(b) Two members appointed by the Speaker of the Assembly, one of whom represents the interests of the renewable energy industry in this State with respect to geothermal energy and the other of whom represents the interests of a nonprofit organization dedicated to the protection of the environment or to the conservation of energy or the efficient use of energy.

(c) Two members appointed by the Minority Leader of the Senate, one of whom represents the interests of the natural gas industry in this State and one of whom represents the interests of the renewable energy industry in this State with respect to solar energy.

(d) Two members appointed by the Minority Leader of the Assembly to represent the interests of the electric utilities in this State.

(e) Two members appointed by the Governor, one of whom represents the interests of the renewable energy industry in this State with respect to wind and the other of whom represents the interests of the gaming industry in this State.

(f) One member appointed by the Consumer’s Advocate to represent the interests of the consumers in this State.

(g) One member appointed by the governing board of the State of Nevada AFL-CIO or, if the State of Nevada AFL-CIO ceases to exist, by its successor organization or, if there is no successor organization, by the Governor.

(h) One member appointed by the Governor to represent the interests of energy conservation and the efficient use of energy in this State.

(i) One member appointed by the Chancellor of the Nevada System of Higher Education to represent the interests of education and academic research in this State.

(j) One member who is an appointed member of the Commission on Economic Development and who has been selected by that Commission to serve as a member of the Task Force.

2. A member of the Task Force:

(a) Must be a citizen of the United States and a resident of this State.

(b) Must have training, education, experience or knowledge concerning:

(1) The development or use of renewable energy;

(2) Financing, planning or constructing renewable energy generation projects;

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

(4) Weatherization;

(5) Building and energy codes and standards;

(6) Grants or incentives concerning energy;

(7) Public education or community relations; or

(8) Any other matter within the duties of the Task Force.

3. After the initial terms, the term of each member of the Task Force is 3 years, except that the member of the Task Force who is also an appointed member of the Commission on Economic Development serves at the pleasure of that Commission. A vacancy on the Task Force must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member may be reappointed to the Task Force.

4. A member of the Task Force who is an officer or employee of this State or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Task Force and perform any work that is necessary to carry out the duties of the Task Force in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Task Force to:

(a) Make up the time he is absent from work to carry out his duties as a member of the Task Force; or

(b) Take annual leave or compensatory time for the absence.

(Added to NRS by 2001, 3260; A 2003, 1865; 2005, 22nd Special Session, 77; 2007, 3002)

1. The members of the Task Force shall select a Chairman and Vice Chairman from among their membership. The Vice Chairman shall perform the duties of the Chairman during any absence of the Chairman.

2. The Chairman and Vice Chairman serve in those positions for terms of 1 year. If a vacancy occurs in the Chairmanship or Vice Chairmanship, the vacancy must be filled for the remainder of the unexpired term in the same manner as the original selection.

3. A majority of the members of the Task Force constitutes a quorum. A majority of the members present during a quorum may exercise all the power and authority conferred on the Task Force.

4. The Task Force shall meet at least four times annually or more frequently at the discretion of the Chairman.

5. Except as otherwise provided in this subsection, the members of the Task Force serve without compensation and are not entitled to the per diem and travel expenses provided for state officers and employees generally. For each day of attendance at a meeting of the Task Force and while engaged in the business of the Task Force, a member of the Task Force who:

(a) Is an officer or employee of this state or a political subdivision of this state is entitled to receive the per diem and travel expenses provided for state officers and employees generally, paid by his governmental employer.

(b) Represents the interests of a nonprofit organization is entitled to receive the per diem and travel expenses provided for state officers and employees generally, paid from the Trust Fund for Renewable Energy and Energy Conservation.

6. The Consumer’s Advocate shall provide the Task Force with administrative and clerical support and with such other assistance as may be necessary for the Task Force to carry out its duties. Such support and assistance must include, without limitation, making arrangements for facilities, equipment and other services in preparation for and during meetings.

(Added to NRS by 2001, 3261)

NRS 701.370 Trust Fund for Renewable Energy and Energy Conservation: Creation; administration of Fund by Task Force; expenditures of money in Fund.

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

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

(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;

(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. Money expended from the Fund must not be used to supplant existing methods of funding that are available to public agencies.

(Added to NRS by 2001, 3259)

NRS 701.380 General duties of Task Force; submission of annual report to Legislative Commission and Governor.

1. The Task Force 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 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.

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

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

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

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

(d) Take any other actions that the Task Force 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 in carrying out its duties.

2. The Task Force 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 and other officers and agencies; and

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

3. As used in this section, “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.

(Added to NRS by 2001, 3261; A 2003, 1873)