NAC: CHAPTER 701 - ENERGY POLICY

[Rev. 7/15/2015 11:22:07 AM]

[NAC-701 Revised Date: 8-15]

CHAPTER 701 - ENERGY POLICY

STANDARDS FOR ENERGY CONSERVATION IN BUILDINGS

701.010 Definitions.

701.030 “Director” defined.

701.055 “International Energy Conservation Code” defined.

701.110 “Office” defined.

701.175 “Sources of renewable energy” interpreted.

701.185 International Energy Conservation Code: Adoption by reference.

701.187 International Energy Conservation Code: Availability.

701.195 International Energy Conservation Code: Petition for deviation from standard.

701.205 International Energy Conservation Code: Petition for climatically appropriate modification of standard or different climate zone designation.

701.215 International Energy Conservation Code: Petition for allowance in design and construction.

701.225 Petition for exemption from provision of International Energy Conservation Code or certain regulations.

701.235 Duties of governing body of local government upon adoption of standard more stringent than International Energy Conservation Code or certain regulations.

701.245 Certification of buildings subject to International Energy Conservation Code and certain regulations.

ACCOUNT FOR RENEWABLE ENERGY, ENERGY EFFICIENCY AND ENERGY CONSERVATION LOANS

701.600 Definitions.

701.605 “Account” defined.

701.610 “American Recovery and Reinvestment Act” defined.

701.615 “Construction” defined.

701.620 “Director” defined.

701.625 “Disadvantaged community” defined.

701.626 “Energy conservation project” defined.

701.6265 “Energy efficiency project” defined.

701.629 “Larger energy conservation project” defined.

701.6293 “Larger energy efficiency project” defined.

701.6296 “Larger renewable energy system” defined.

701.630 “Net metering system” defined.

701.635 “Person” defined.

701.640 “Project” defined.

701.645 “Public entity” defined.

701.650 “Renewable energy” defined.

701.655 “Renewable energy system” defined.

701.660 Purpose of Account.

701.665 Contracts for certain expert services.

701.670 Eligibility for loan and financing from Account.

701.675 Applications for financing of projects.

701.680 Review of applications; denial.

701.685 Evaluation and prioritization of applications submitted by qualified applicants: Criteria; approval by Interim Finance Committee.

701.690 Loans: Offers; requirements for loan documents; terms; interest rate.

701.695 Recordkeeping and accounting requirements for qualified applicants who receive loans.

701.700 Audits.

ENERGY DEVELOPMENT PROJECTS

701.800 “Applicant” defined.

701.805 Required contents of notice of project; notice of substantial change in scope or design of project.

701.810 Submission of initial deposit and additional payment for reimbursement costs.

701.815 Use of money in Energy Planning and Conservation Fund.

701.820 Request for hearing; judicial review.

STANDARDS FOR ENERGY CONSERVATION IN BUILDINGS

NAC 701.010 Definitions. (NRS 701.220) As used in NAC 701.010 to 701.245, inclusive, unless the context otherwise requires, the words and terms defined in NAC 701.030, 701.055 and 701.110 have the meanings ascribed to them in those sections.

(Added to NAC by Office of Community Services, eff. 7-8-88; A by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012)—(Substituted in revision for NAC 523.010)

NAC 701.030 “Director” defined. (NRS 701.220) “Director” means the Director of the Office.

(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.030)

NAC 701.055 “International Energy Conservation Code” defined. (NRS 701.220) “International Energy Conservation Code” means the building code published by the International Code Council which establishes minimum standards of energy efficiency for the design and construction of buildings and which is adopted by reference by NAC 701.185.

(Added to NAC by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012)

NAC 701.110 “Office” defined. (NRS 701.220) “Office” means the Office of Energy.

(Added to NAC by Office of Community Services, eff. 7-8-88)—(Substituted in revision for NAC 523.110)

NAC 701.175 “Sources of renewable energy” interpreted. (NRS 701.220) For the purposes of NRS 701.220 and NAC 701.010 to 701.245, inclusive, the Director will interpret the term “sources of renewable energy,” as used in NRS 701.220, to mean “renewable energy systems” as that term is defined in NRS 704.7815.

(Added to NAC by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012)

NAC 701.185 International Energy Conservation Code: Adoption by reference. (NRS 701.220)

1. The 2012 International Energy Conservation Code is hereby adopted by reference.

2. On or before July 1, 2015, and on or before July 1 of every third year thereafter, the Director will review the most recent version of the International Energy Conservation Code, including any amendments thereto, and will adopt by reference the most recent version of the International Energy Conservation Code and prescribe by regulation such amendments to the most recent version of the International Energy Conservation Code as the Director deems necessary to support effective compliance with and enforcement of the International Energy Conservation Code in this State.

3. The Director will post on an Internet website maintained by the Office the notice of adoption of the most recent version of the International Energy Conservation Code, the date of adoption and any amendments to the International Energy Conservation Code adopted by the Director by regulation.

(Added to NAC by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012; A by R126-13, 6-23-2014, eff. 7-1-2015)

NAC 701.187 International Energy Conservation Code: Availability. (NRS 701.220) The 2012 International Energy Conservation Code and any amendments thereto published by the International Code Council may be obtained from the International Code Council, 25442 Network Place, Chicago, Illinois 60673-1254, by telephone at (800) 786-4452 or at the Internet address http://www.iccsafe.org, for the price of $31 for members and $41 for nonmembers. The combined 2012 International Energy Conservation Code and ANSI/ASHRAE/IESNA Standard 90.1-2010: Energy Standard for Buildings Except Low-Rise Residential Buildings may be obtained from the International Code Council for the price of $132 for members and $147 for nonmembers. Supplemental materials to the 2012 International Energy Conservation Code may also be obtained from the International Code Council.

(Added to NAC by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012; A by R126-13, 6-23-2014, eff. 7-1-2015)

NAC 701.195 International Energy Conservation Code: Petition for deviation from standard. (NRS 701.220)

1. The governing body of a local government that is authorized by law to adopt and enforce a building code may submit a petition to the Director requesting a determination by the Director that a deviation from one or more standards set forth in the International Energy Conservation Code is necessary to support effective compliance with and enforcement of the International Energy Conservation Code in this State. A petition submitted pursuant to this section may propose a deviation from standards relating to:

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

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

(d) Insulation; and

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

2. A petition submitted pursuant to this section must:

(a) Be in writing;

(b) State the specific provision or provisions of the International Energy Conservation Code from which the deviation is sought; and

(c) Include an explanation of how the deviation will not lessen the effective energy-efficiency requirements of the International Energy Conservation Code.

3. The Director will consider each petition submitted pursuant to this section and will, within 30 days after the date on which a petition is filed with the Director, issue an order granting or denying the petition or setting a date for a hearing on the petition.

4. If the Director issues an order setting a date for a hearing on a petition submitted pursuant to this section, the Director may request additional information from the petitioner and will issue an order granting or denying the petition within 120 days after the date of the hearing.

5. The Director will not approve a petition submitted pursuant to this section if the deviation would result in energy efficiency requirements which are less stringent than the requirements set forth in the International Energy Conservation Code.

(Added to NAC by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012)

NAC 701.205 International Energy Conservation Code: Petition for climatically appropriate modification of standard or different climate zone designation. (NRS 701.220)

1. The governing body of a local government that is authorized by law to adopt and enforce a building code may submit a written petition to the Director requesting a determination by the Director that:

(a) A climatically appropriate modification of one or more standards set forth in the International Energy Conservation Code; or

(b) A climate zone designation which differs from the climate zone designation set forth in the International Energy Conservation Code,

Ê is necessary to establish uniform standards for energy efficiency within the jurisdiction of the local government.

2. The Director will consider each petition submitted pursuant to this section and will, within 30 days after the date on which a petition is filed with the Director, issue an order granting or denying the petition or setting a date for a hearing on the petition.

3. If the Director issues an order setting a date for a hearing on a petition submitted pursuant to this section, the Director may request additional information from the petitioner and will issue an order granting or denying the petition within 120 days after the date of the hearing.

(Added to NAC by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012)

NAC 701.215 International Energy Conservation Code: Petition for allowance in design and construction. (NRS 701.220)

1. A person who designs or constructs a building may submit a petition to the governing body of a local government for an allowance in design and construction from the International Energy Conservation Code for the installation of any renewable energy system that will supply all or part of the energy required in the building.

2. A petition submitted pursuant to subsection 1 must comply with any requirements for the submission of such petitions established by the governing body of the local government or, if no such requirements exist, must:

(a) Be in writing;

(b) State the specific provisions of the International Energy Conservation Code from which an allowance is sought; and

3. The governing body of the local government shall consider each petition submitted pursuant to subsection 1 and shall, within 30 days after the date on which a petition is filed with the governing body of the local government, issue a decision granting or denying the petition or setting a date for a hearing on the petition.

4. If the governing body of a local government issues a decision setting a date for a hearing on a petition submitted pursuant to subsection 1, the governing body of the local government shall issue an order granting or denying the petition within 120 days after the date of the hearing.

5. A petitioner whose petition submitted pursuant to subsection 1 is denied by the governing body of a local government may submit a petition to the Director requesting the Director to overturn the denial.

6. A petition submitted to the Director pursuant to subsection 5 must:

(a) Be in writing;

(b) State the specific provisions of the International Energy Conservation Code from which an allowance is sought;

(d) Include the name of the governing body of the local government which denied the petition submitted pursuant to subsection 1;

(e) Include the date of the denial of the petition; and

(f) Include a copy of the decision or order issued by the governing body of the local government denying the petition.

7. The Director will consider each petition submitted pursuant to subsection 5 and will, within 30 days after the date on which a petition is filed with the Director, issue an order granting or denying the petition or setting a date for a hearing on the petition.

8. If the Director issues an order setting a date for a hearing on a petition submitted pursuant to subsection 5, the Director will issue an order granting or denying the petition within 120 days after the date of the hearing.

(Added to NAC by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012)

NAC 701.225 Petition for exemption from provision of International Energy Conservation Code or certain regulations. (NRS 701.220)

1. A person who owns a building which is subject to the International Energy Conservation Code and the provisions of NAC 701.010 to 701.245, inclusive, may submit a petition to the governing body of a local government requesting an exemption from one or more provisions of the International Energy Conservation Code or one or more provisions of NAC 701.010 to 701.245, inclusive.

(a) Be in writing;

(b) State the specific provision or provisions of the International Energy Conservation Code or NAC 701.010 to 701.245, inclusive, from which the exemption is sought; and

(c) Include an explanation of why the application of the provision or provisions to the applicant’s building would not accomplish the purpose of the provision or provisions.

6. A petition submitted to the Director pursuant to subsection 5 must:

(a) Be in writing;

(b) State the specific provision or provisions of the International Energy Conservation Code or NAC 701.010 to 701.245, inclusive, from which the exemption is sought;

(c) Include an explanation of why the application of the provision or provisions to the applicant’s building would not accomplish the purpose of the provision or provisions;

(d) Include the name of the governing body of the local government which denied the petition submitted pursuant to subsection 1;

(e) Include the date of the denial of the petition; and

(f) Include a copy of the decision or order issued by the governing body of the local government denying the petition.

8. If the Director issues an order setting a date for a hearing on a petition submitted pursuant to subsection 5, the Director may request additional information from the petitioner and will issue an order granting or denying the petition within 120 days after the date of the hearing.

(Added to NAC by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012)

NAC 701.235 Duties of governing body of local government upon adoption of standard more stringent than International Energy Conservation Code or certain regulations. (NRS 701.220) The governing body of a local government that is authorized by law to adopt and enforce a building code shall, upon the adoption of any standard that is more stringent than the requirements of the International Energy Conservation Code or NAC 701.010 to 701.245, inclusive, file with the Director:

1. A copy of the standard adopted by the governing body of the local government;

2. A copy of the order, ordinance or other decision of the governing body of the local government by which the standard was adopted; and

3. A brief description and justification of the standard on a form provided by the Director.

(Added to NAC by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012)

NAC 701.245 Certification of buildings subject to International Energy Conservation Code and certain regulations. (NRS 701.220)

1. A building that is subject to the standards set forth in the International Energy Conservation Code and the requirements of NAC 701.010 to 701.245, inclusive, must be certified as complying with those standards and requirements by one of the following methods:

(a) The building may be certified by a certified or licensed third party who acts on behalf of the State or the governing body of the local government and who may be retained by the person who is responsible for the construction of the building;

(b) The building may be certified by an appropriate state or local government entity; or

(c) If the building cannot be certified in the manner described in paragraph (a) or (b), the person who is responsible for the construction of the building may provide the information required and make the certification on a self-reporting form provided by the Director.

2. The person responsible for the construction of a building shall maintain the original copy of any document or record which establishes that the building complies with the standards set forth in the International Energy Conservation Code and the requirements of NAC 701.010 to 701.245, inclusive, for a period of not less than 3 years after the date on which the certification was made and shall provide a certified copy of each such document or record to the governing body of the local government.

(Added to NAC by Office of Energy by R024-11, 12-30-2011, eff. 7-1-2012)

ACCOUNT FOR RENEWABLE ENERGY, ENERGY EFFICIENCY AND ENERGY CONSERVATION LOANS

NAC 701.600 Definitions. (NRS 701.595) As used in NAC 701.600 to 701.700, inclusive, the words and terms defined in NAC 701.605 to 701.655, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.605 “Account” defined. (NRS 701.595) “Account” means the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans created by NRS 701.575.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.610 “American Recovery and Reinvestment Act” defined. (NRS 701.595) “American Recovery and Reinvestment Act” means the American Recovery and Reinvestment Act of 2009, Public Law 111-5.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.615 “Construction” defined. (NRS 701.595) “Construction” has the meaning ascribed to it in NRS 701.555.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.620 “Director” defined. (NRS 701.595) “Director” means the Director of the Office of Energy.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.625 “Disadvantaged community” defined. (NRS 701.595) “Disadvantaged community” means a county, city or defined service area in which the median household income is less than 80 percent of the statewide median household income, as determined by the most recent data from the United States Census Bureau or by income surveys.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.626 “Energy conservation project” defined. (NRS 701.595) “Energy conservation project” has the meaning ascribed to it in NRS 701.557.

(Added to NAC by Office of Energy by R063-11, eff. 2-15-2012)

NAC 701.6265 “Energy efficiency project” defined. (NRS 701.595) “Energy efficiency project” has the meaning ascribed to it in NRS 701.558.

(Added to NAC by Office of Energy by R063-11, eff. 2-15-2012)

NAC 701.629 “Larger energy conservation project” defined. (NRS 701.590, 701.595) “Larger energy conservation project” means an energy conservation project which:

1. Is for a facility which is 50,000 square feet or more;

2. Has a total project cost of $120,000 or more; and

3. Significantly improves the energy conservation within the facility.

(Added to NAC by Office of Energy by R063-11, eff. 2-15-2012)

NAC 701.6293 “Larger energy efficiency project” defined. (NRS 701.590, 701.595) “Larger energy efficiency project” means an energy efficiency project which:

1. Is for a facility which is 50,000 square feet or more;

2. Has a total project cost of $120,000 or more; and

3. Significantly improves the energy efficiency of the facility.

(Added to NAC by Office of Energy by R063-11, eff. 2-15-2012)

NAC 701.6296 “Larger renewable energy system” defined. (NRS 701.590, 701.595) “Larger renewable energy system” means a renewable energy system that has a generating capacity greater than 1 megawatt.

(Added to NAC by Office of Energy by R063-11, eff. 2-15-2012)

NAC 701.630 “Net metering system” defined. (NRS 701.595) “Net metering system” has the meaning ascribed to it in NRS 704.771.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.635 “Person” defined. (NRS 701.595) “Person” includes a public entity.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.640 “Project” defined. (NRS 701.595) “Project” means:

1. The construction or expansion of a renewable energy system.

2. The construction of an energy conservation project.

3. The construction of an energy efficiency project.

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

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010; A by R063-11, 2-15-2012)

NAC 701.645 “Public entity” defined. (NRS 701.595) “Public entity” means a department, agency or instrumentality of the State or any of its political subdivisions.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.650 “Renewable energy” defined. (NRS 701.595) “Renewable energy” has the meaning ascribed to it in NRS 704.7811.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.655 “Renewable energy system” defined. (NRS 701.595) “Renewable energy system” has the meaning ascribed to it in NRS 701.570.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.660 Purpose of Account. (NRS 701.595)

The purpose of the Account is to provide below-market-rate financing, at an interest rate not to exceed 3 percent, to qualified applicants for projects which comply with the requirements of the American Recovery and Reinvestment Act and which meet the qualifications set forth in NRS 701.545 to 701.595, inclusive, and NAC 701.600 to 701.700, inclusive.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010; A by R063-11, 2-15-2012)

NAC 701.665 Contracts for certain expert services. (NRS 701.595) The Director will, to the extent money is available for such purposes, enter into contracts to procure such expert technical and financial management services or other services as the Director determines are necessary to carry out the provisions of NAC 701.600 to 701.700, inclusive.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010)

NAC 701.670 Eligibility for loan and financing from Account. (NRS 701.595)

1. Except as otherwise provided in this section, the owner or operator of a project may apply for a loan from the Account.

2. To be eligible for financing from the Account, the owner or operator of a project must submit a complete application to the Director and the Director must determine that the applicant is qualified to receive financing from the Account.

3. The following activities are not eligible for financing from the Account:

(a) Research or general planning;

(b) Refinancing of existing debt;

(d) Operation and maintenance.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010; A by R063-11, 2-15-2012)

NAC 701.675 Applications for financing of projects. (NRS 701.595)

1. The Director will solicit applications for the financing of projects. The solicitations will be made available to interested parties and posted on the Internet website of the Office of Energy at http://energy.state.nv.us. The solicitations may specify the amount of financing available, the allocation of financing to categories of applicants, such as natural persons, schools, public entities and small businesses, and the minimum and maximum amounts of individual loans within each category.

2. Each application for financing through the Account must be submitted on a form prescribed by the Director and must include:

(a) The name, address and telephone number of the applicant or the legal representative of the applicant.

(b) A narrative description of the proposed project.

(d) An estimate of the amount of reduction in emission of greenhouse gases as a result of the project.

(e) An estimate of the number of jobs that will be created or retained as a result of the project.

(f) Maps of appropriate scale to show clearly the location of the proposed project with respect to other identifiable topographical or geographical features in the area of the project.

(g) A complete and legible legal description of the location of the project, including the assessor’s parcel number.

(h) Proof of ownership, rights-of-way, easements or agreements showing that the applicant holds or is able to acquire all land, other than public land, or acquire interests therein and any water rights necessary for the construction of the proposed project.

(i) A description of how the project complies with all applicable planning and zoning requirements.

(j) An itemized estimate of the total cost of the project and the amount of financing requested. If an estimate of the total cost of the project has been prepared by a professional, the application must include a copy of that estimate.

(k) A statement of any other anticipated sources of funding for the project from this State, another state, a federal agency, the qualified applicant’s capital or any other source.

(l) If the applicant is a public entity, the median household income for the community or area that will be served by the project or for the city or county in which the project is located, including, without limitation, the source of that information.

(m) A preliminary project schedule that provides a timetable for:

(1) The advertising and opening of bids for the project;

(2) Each construction phase of the project, from planning and permitting to completion and commencement of operation of the project; and

(3) The estimated schedule of progress payments to the contractor and other costs related to the disbursement of money.

(n) Information sufficient to demonstrate the means by which any loan made by the Director from the Account will be repaid. If the applicant is a public entity, this information must include, as applicable, orders or resolutions specifying the method of loan repayment from the appropriate governing board, regulatory agency or local governing body and copies of current capital improvement plans and debt management policies as provided to the Department of Taxation pursuant to chapter 350 of NRS and any applicable regulations. If the applicant is not a public entity, the applicant shall provide:

(1) Annual financial statements for the 3 years immediately preceding the application for each applicant and co-applicant or guarantor, if any;

(2) A reference from a bank, at least three direct credit references and authorization for the Director to access and use personal and commercial credit reports in the loan decision process;

(3) Any necessary legal documents; and

(4) Any other information required by the Director to demonstrate the means by which the applicant intends to repay the loan.

(o) Institutional, management and contractual arrangements required for successful implementation of the project.

(p) A report on the status of the process of environmental review for the project, if applicable.

(q) A list of any required permits and a schedule of when those permits will be obtained.

(r) Security, collateral or information concerning any co-applicant or guarantor for the loan, as required by the Director.

(s) A copy of the articles of incorporation or organizational documents of the applicant, a certificate of good standing provided by the Secretary of State, a copy of the contractor’s license of any contractor who will perform any work on the project and proof of general liability, workers’ compensation and course of construction insurance maintained by the applicant.

(t) Any other information the Director determines is necessary.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010; A by R063-11, 2-15-2012)

NAC 701.680 Review of applications; denial. (NRS 701.595)

1. The Director will review each application submitted pursuant to NAC 701.675 for completeness. An application that is incomplete will be returned to the applicant and may be resubmitted. The Director will deny an application if the Director determines that:

(a) The project or applicant does not meet the eligibility requirements set forth in NAC 701.670;

(b) The project is not feasible;

(d) The applicant lacks the technical, managerial or financial capability to carry out the project and repay the loan; or

(e) The applicant is unable or unwilling to comply with the requirements, terms or conditions of the loan or the loan approval process.

2. If the Director denies an application, the Director will provide written notice to the applicant of the denial of the application and the reason for the denial.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010; A by R063-11, 2-15-2012)

NAC 701.685 Evaluation and prioritization of applications submitted by qualified applicants: Criteria; approval by Interim Finance Committee. (NRS 701.590, 701.595)

1. The Director will evaluate and prioritize the applications submitted by qualified applicants based on the following criteria:

(a) Job creation as a result of the qualified applicant’s project relative to the cost of the project;

(b) Renewable energy generation, energy saved, efficiency increased or renewable energy system components manufactured relative to the cost of the qualified applicant’s project;

(c) Reduction of the use of fossil fuels and the emission of greenhouse gases relative to the cost of the qualified applicant’s project;

(d) Leveraging of additional financial resources, the availability of full financing, the proposed repayment schedule and the reliability of sources of repayment of the loan;

(e) Readiness of the qualified applicant’s project to proceed, the quality of the management of the project and the expected duration of the project; and

(f) Loan amount and availability of money from the Account to meet the needs of the qualified applicant.

2. The Director will give preference to larger energy conservation projects, larger energy efficiency projects and larger renewable energy systems.

3. The Director will request approval from the Interim Finance Committee to make loans of money from the Account. Upon approval by the Interim Finance Committee, the Director will post a list of the qualified applicants on the Internet website of the Office of Energy at http://energy.state.nv.us.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010; A by R063-11, 2-15-2012)

NAC 701.690 Loans: Offers; requirements for loan documents; terms; interest rate. (NRS 701.595)

1. The Director may offer loans according to the priority established by the Director until money available from the Account is fully committed. Each loan offer will have an expiration date determined by the Director. If a qualified applicant who receives a loan offer does not execute the loan documents to the satisfaction of the Director before the expiration date of the loan offer, the qualified applicant may lose his or her opportunity to receive a loan from the Account.

2. Loans will be documented according to the unique characteristics of each loan. The loan documents for each loan must be:

(a) Prepared by the Director;

(b) Approved by the Attorney General; and

(c) Executed by all parties in a form and manner acceptable to the Director before the Director will make a loan from the Account.

3. The term of a loan will be determined by the Director but will not exceed 15 years.

4. The interest rate for all loans will be set by the Director, but will not exceed 3 percent. The Director may offer a lower interest rate to a qualified applicant who is a public entity if the project is located in a disadvantaged community.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010; A by R063-11, 2-15-2012)

NAC 701.695 Recordkeeping and accounting requirements for qualified applicants who receive loans. (NRS 701.595) Each qualified applicant who receives a loan from the Account shall:

1. Establish a dedicated file for the project. The file must contain an adequate record of all significant actions relating to the project.

2. Establish accounts that accurately and adequately show all amounts of money:

(a) Received as financial assistance from the Account;

(b) Received and spent on the project; and

3. Establish a system of accounting which ensures that the final total costs of the project, including all direct and indirect costs, are recorded accurately.

4. Establish and maintain such other accounts and records as are required by the Director and required for compliance with the requirements for reporting established by the Federal Government.

5. Retain all records relating to the project for at least 3 years after final repayment of financial assistance has been made or for any longer period required by the Director.

6. Make any records relating to the project available at any reasonable time for inspection or copying by any authorized representative of the Director.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010; A by R063-11, 2-15-2012)

NAC 701.700 Audits. (NRS 701.595)

1. If an audit is required by federal law or by an agency of the Federal Government, or if the Director determines that an audit is necessary to ensure the integrity of the Account, the Director may require that an audit be performed of the records relating to a project.

2. Any audit required pursuant to this section must be performed at the expense of the qualified applicant by an appropriate professional or expert who is independent of the qualified applicant.

3. A report of the audit must be prepared by the auditor in the form prescribed by the Director.

(Added to NAC by Office of Energy by R161-09, eff. 6-30-2010; A by R063-11, 2-15-2012)

ENERGY DEVELOPMENT PROJECTS

NAC 701.800 “Applicant” defined. (NRS 701.610) As used in NAC 701.800 to 701.820, inclusive, unless the context otherwise requires, “applicant” means a person who is required to file a notice pursuant to NRS 701.610.

(Added to NAC by Dep’t of Wildlife by R038-11, eff. 3-9-2012)

NAC 701.805 Required contents of notice of project; notice of substantial change in scope or design of project. (NRS 701.610)

1. In addition to the information that is required to be included with a notice filed pursuant to NRS 701.610, the notice must include:

(a) The name, physical address, telephone number and, if applicable, the electronic mail address of the applicant;

(b) The name, physical address, telephone number and, if applicable, the electronic mail address of the company, and at least one officer of the company, on behalf of which the notice is filed;

(d) A description and preliminary map of the proposed energy development project;

(e) The infrastructure requirements of the proposed energy development project, including, without limitation, an estimate of the amount of power, fuel, communication lines, access roads, rail lines and water use that will be required to complete the project;

(f) An estimate of the design voltage of any power lines which are required for the proposed energy development project;

(g) An estimate of the net maximum generating capacity of the proposed energy development project upon completion;

(h) A proposed schedule of project activities which identifies the estimated dates during which each project activity will occur and the duration of each activity; and

(i) Any other information that is required by the Department of Wildlife.

2. An applicant shall provide notice of any substantial change in the scope or design of a proposed energy development project to the Department of Wildlife concurrently with any notice of such a change which is provided to the Federal Government, the Public Utilities Commission of Nevada or any county in this State.

(Added to NAC by Dep’t of Wildlife by R038-11, eff. 3-9-2012)

NAC 701.810 Submission of initial deposit and additional payment for reimbursement costs. (NRS 701.610)

1. An applicant must, at the time the applicant files a notice pursuant to NRS 701.610, submit to the Department of Wildlife with his or her notice an initial deposit toward reimbursement costs in the amount of:

(a) For a proposed energy development project which is a geothermal project, $5,000.

(b) For a proposed energy development project which is a power line project with a voltage of 50 kilovolts or more and which is less than 50 miles in length, $5,000.

2. The Department of Wildlife shall, not later than 30 days after the receipt of a notice filed pursuant to NRS 701.610 and an initial deposit collected pursuant to subsection 1, provide to the applicant a written estimate of anticipated additional reimbursement costs.

3. Except as otherwise provided in subsection 7, the Department of Wildlife may, upon consideration of the activity and progress of a project, request a payment from an applicant each quarter to apply toward reimbursement costs which is in addition to the initial deposit submitted by the applicant pursuant to subsection 1. An applicant shall submit a payment requested pursuant to this subsection to the Department not later than 30 days after the applicant receives the request for payment by the Department.

4. An initial deposit or additional payment submitted by an applicant pursuant to subsection 1 or 3 must be in the form of an electronic wire transfer to the Department of Wildlife or a check made payable to the Nevada Department of Wildlife.

5. The Department of Wildlife shall, upon written request, provide to an applicant:

(a) A quarterly expense statement which specifies how the initial deposit and any additional payments submitted by the applicant pursuant to subsection 1 or 3 have been spent; and

(b) A statement which identifies the balance of funds of the applicant.

6. The Department of Wildlife shall return to an applicant any unused portion of an initial deposit or additional payment submitted pursuant to subsection 1 or 3 not later than 60 days after the Department:

(a) Completes the review of the proposed energy development project; or

(b) Receives notice from the applicant that the energy development project has been cancelled.

7. The Department of Wildlife shall not collect cumulatively more than $100,000 in reimbursement costs from an applicant for a proposed energy development project for which a notice is filed pursuant to NRS 701.610.

8. As used in this section, “reimbursement costs” means the actual costs incurred by the Department of Wildlife for providing to the Federal Government, the Public Utilities Commission of Nevada, an applicant or any county in this State any information relating to any wildlife or wildlife habitat based on the location of a proposed energy development project for which a notice is filed pursuant to NRS 701.610.

(Added to NAC by Dep’t of Wildlife by R038-11, eff. 3-9-2012)

NAC 701.815 Use of money in Energy Planning and Conservation Fund. (NRS 701.610, 701.630) The Department of Wildlife may use money in the Energy Planning and Conservation Fund for any program or project which:

1. Is in accordance with the State Wildlife Action Plan;

2. Is for a purpose described in subsection 4 of NRS 701.630; and

3. Includes one or more of the following components:

(a) The conducting of inventories of fish, wildlife or habitats for inclusion in a geographic information system database;

(b) The monitoring of fish or wildlife populations or habitats to support planning, status determination and impact assessment;

(c) The mapping of fish and wildlife habitats, potential fish and wildlife habitats and fish and wildlife occurrences to support the development and maintenance of databases of such information;

(d) The maintenance, database development and infrastructure support of geographic information systems;

(e) The implementation of conservation projects designed to establish or enhance fish or wildlife populations or habitats; or

(f) The use of money from the Fund to match money provided through grants, projects or programs provided or established by the Federal Government.

(Added to NAC by Dep’t of Wildlife by R038-11, eff. 3-9-2012)

NAC 701.820 Request for hearing; judicial review. (NRS 701.610, 701.630)

1. Any person who is aggrieved by a decision of the Department of Wildlife pursuant to NRS 701.610 or 701.640 or NAC 701.810 may, not later than 20 days after the issuance of the decision, submit to the Director of the Department a written request for a hearing.

2. If the Director of the Department of Wildlife receives a written request for a hearing pursuant to subsection 1, the Director shall:

(a) Set a hearing not later than 60 days after the request is received; and

(b) Provide all interested parties written notice of the hearing by certified mail at least 10 days before the hearing.

3. All determinations, findings and conclusions of the Director of the Department of Wildlife at a hearing held pursuant to subsection 2 are final. Any person who is aggrieved by a final decision of the Director at a hearing held pursuant to subsection 2 is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.

(Added to NAC by Dep’t of Wildlife by R038-11, eff. 3-9-2012)