ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. NRS 702.060 is hereby amended to read as follows:
702.060 “Municipal or local governmental utility” includes, without limitation:
1. A utility established pursuant to chapter 709 or 710 of NRS.
2. Any other utility that is owned, operated or controlled by [a] any county, city , town or other local governmental entity.
Sec. 2. NRS 702.150 is hereby amended to read as follows:
702.150 1. The provisions of NRS 702.160 do not apply to any therm of natural gas or any kilowatt-hour of electricity that a retail customer purchases from:
(a) A rural electric cooperative established pursuant to chapter 81 of NRS.
(b) A general improvement district established pursuant to chapter 318 of NRS.
(c) A cooperative association, nonprofit corporation, nonprofit association or provider of service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.
(d) A municipal or local governmental utility.
2. If a retail customer is exempted from paying the universal energy charge pursuant to subsection 1, the retail customer may not receive money or other assistance from:
(a) The Welfare Division pursuant to NRS 702.260 for any utility service for which the retail customer is exempted from paying the universal energy charge; or
(b) The Housing Division pursuant to NRS 702.270.
Sec. 3. NRS 702.160 is hereby amended to read as follows:
702.160 1. Except as otherwise provided in this section and NRS 702.150, each retail customer shall pay:
(a) A universal energy charge of 3.30 mills on each therm of natural gas that the retail customer purchases from another person for consumption in this state; and
(b) A universal energy charge of 0.39 mills on each kilowatt-hour of electricity that the retail customer purchases from another person for consumption in this state.
2. The provisions of subsection 1 do not apply to:
(a) Any therm of natural gas used as a source of energy to generate electricity.
(b) Any kilowatt-hour of electricity used in industries utilizing electrolytic-manufacturing processes.
3. If a retail customer uses the distribution services of a public utility [or municipal utility] to acquire natural gas or electricity that is subject to the universal energy charge, the public utility [or municipal utility] providing the distribution services shall:
(a) Collect the universal energy charge from each such retail customer;
(b) Ensure that the universal energy charge is set forth as a separate item or entry on the bill of each such retail customer; and
(c) Not later than 30 days after the end of each calendar quarter, remit to the Commission the total amount of money collected by the public utility [or municipal utility] for the universal energy charge for the immediately preceding calendar quarter.
4. If a retail customer does not use the distribution services of a public utility [or municipal utility] to acquire natural gas or electricity that is subject to the universal energy charge, not later than 30 days after the end of each calendar quarter, the retail customer shall remit to the Commission the total amount of money owed by the retail customer for the universal energy charge for the immediately preceding calendar quarter.
5. If, during a calendar quarter, a single retail customer or multiple retail customers under common ownership and control pay, in the aggregate, a universal energy charge of more than $25,000 for all consumption of natural gas and electricity during the calendar quarter, such retail customers are entitled to a refund, for that calendar quarter, of the amount of the universal energy charge that exceeds $25,000. To receive a refund pursuant to this section, not later than 90 days after the end of the calendar quarter for which the refund is requested, such retail customers must file with the Commission a request for a refund. If a request for a refund is filed with the Commission:
(a) The Commission shall determine and certify the amount of the refund; and
(b) The refund must be paid as other claims against the State are paid from money in the Fund.
Sec. 4. NRS 702.170 is hereby amended to read as follows:
702.170 1. The Commission shall adopt regulations to carry out and enforce the provisions of NRS 702.160. Such regulations may require public utilities [, municipal utilities] and retail customers that are required to collect or remit money for the universal energy charge to file reports and to provide the Commission with information relating to compliance with the requirements of the universal energy charge.
2. In carrying out the provisions of NRS 702.160, the Commission shall solicit advice from the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General, public utilities [and municipal utilities] and other knowledgeable persons.
3. The Commission may conduct audits and investigations of public utilities [, municipal utilities] and retail customers that are required to collect or remit money for the universal energy charge, if the Commission determines that such audits and investigations are necessary to verify compliance with the requirements of the universal energy charge. In conducting such audits and investigations, the Commission may exercise any of the investigative powers granted to the Commission pursuant to chapter 703 of NRS, including, without limitation, the power to issue orders to compel the appearance of witnesses and the production of books, accounts, papers and records.
4. To carry out its powers and duties pursuant to this chapter, the Commission is entitled to an administrative charge of not more than 3 percent of the money collected for the universal energy charge. After deduction of its administrative charge, the Commission shall deposit the remaining money collected for the universal energy charge in the State Treasury for credit to the Fund.
5. The Commission may bring an appropriate action in its own name for recovery of any money that a person fails to pay, collect or remit in violation of the requirements of the universal energy charge.”.
Amend the title of the bill, second line, by deleting “certain municipal” and inserting:
“municipal and local governmental”.
Amend the summary of the bill to read as follows: