USA Statutes : nevada
Title : Title 21 - CITIES AND TOWNS
Chapter : CHAPTER 274 - ZONES FOR ECONOMIC DEVELOPMENT
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 274.020
to 274.080 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1983, 1971)
“Administrator” means the
state officer appointed by the Governor to administer the provisions of
this chapter.
(Added to NRS by 1983, 1971)
“Depressed area” means an
area in which pervasive poverty, unemployment and economic distress exist.
(Added to NRS by 1983, 1971)
“Designating
municipality” means a city, or, with respect to the unincorporated areas
of the county, a county which designates a specially benefited zone
pursuant to this chapter.
(Added to NRS by 1983, 1971)
“Governing body” means the
board of county commissioners, the board of supervisors, the city council
or the board of commissioners, as the case may be.
(Added to NRS by 1983, 1971)
“Municipality” means any
county, with respect to the unincorporated areas of the county, or any
city in this State, including Carson City.
(Added to NRS by 1983, 1971)
“Qualified business”
means any business organization qualified to receive benefits under this
chapter and which has made an agreement concerning those benefits as
provided by NRS 274.270 .
(Added to NRS by 1983, 1971)
“Zone” means a specially benefited
zone designated and approved pursuant to this chapter.
(Added to NRS by 1983, 1971)
1. The Governor shall appoint a qualified person in the Commission
on Economic Development to serve as Administrator.
2. The Administrator shall:
(a) Administer this chapter.
(b) Submit reports evaluating the effectiveness of the programs
established pursuant to this chapter together with any suggestions for
legislation to the Legislature by February 1 of every odd-numbered year.
The reports must contain statistics concerning initial and current
population, employment, per capita income, corporate income and the
construction of housing for each specially benefited zone.
(c) Adopt all necessary regulations to carry out the provisions of
this chapter.
(Added to NRS by 1983, 1976)
The Administrator shall:
1. When any federal legislation concerning specially benefited
zones is enacted and becomes effective, assist municipalities in
preparing and submitting all information and forms necessary to permit
the zone to be considered as an eligible area under the federal program.
2. Provide information and appropriate assistance to persons
desiring to locate and engage in business in a specially benefited zone,
to persons already engaged in business in a zone and to designated
neighborhood organizations operating there.
3. In cooperation with appropriate state and local governmental
agencies, coordinate existing state and local programs to assist
businesses and assist in simplifying procedures by which businesses
within a specially benefited zone must apply for licenses and permits.
4. Publicize existing financial incentives and programs for
economic development within a zone and upon request, offer technical
assistance in the development of financial incentives and alternative
sources of revenue to local governments which have specially benefited
zones within their jurisdiction.
5. Work together with the responsible state and federal agencies
to promote the coordination of other relevant programs, including but not
limited to programs concerning housing, community and economic
development, small business, banking, financial assistance, and training
for employment which are carried on in a specially benefited zone.
(Added to NRS by 1983, 1976)
1. The Administrator shall conduct a review of state
administrative regulations and shall identify those regulations which
preliminarily appear to the Administrator to:
(a) Affect the conduct of business, industry and commerce;
(b) Impose excessive cost on either the creation or conduct of
businesses; and
(c) Inhibit the development and expansion of business within
specially benefited zones.
2. The Administrator shall conduct hearings to solicit public
comment on the regulations as part of his review.
3. No later than August 1, 1984, the Administrator shall publish a
list of regulations identified pursuant to subsection 1. The
Administrator shall transmit a copy of the list to each agency which has
adopted regulations on the list.
4. Within 90 days after the publication of the list by the
Administrator, each agency which adopted any regulation identified
therein shall file a written report with the Administrator detailing for
each identified regulation:
(a) Its need or justification;
(b) Whether the regulation is required by state or federal law, or
is discretionary, and to what extent;
(c) A synopsis of the history of the regulation, including any
internal review of it by the agency after its original adoption;
(d) Any appropriate explanation of its relationship to other
regulatory requirements; and
(e) Any available data, analysis and studies concerning the
estimated economic effect of the regulations on the business which it is
to regulate and on the public. The informational statement prepared as
required by NRS 233B.066 may be
submitted to satisfy the requirements of this paragraph if it contains a
current estimate of that economic effect.
Ê The agency’s report is a public record and must be open to public
inspection during regular business hours.
(Added to NRS by 1983, 1979)
1. No later than January 1, 1985, and from time to time as
necessary, the Administrator shall, except as provided in NRS 274.140
, adopt regulations exempting businesses
within specially benefited zones from those state regulations contained
in the list published pursuant to NRS 274.110 , for which the Administrator finds that
incentives for the creation of jobs or for business development within
specially benefited zones engendered by the exemption outweigh the need
and justification for the regulation. In making his findings, the
Administrator shall consider all information, data and opinions submitted
to him by the public and the state agencies, and any other information
otherwise available to him. These regulations must be in the form of
amendments to the existing state regulations to be affected, and are
subject to the provisions of chapter 233B
of NRS.
2. Upon its effective date, any regulation of the Administrator
adopted under subsection 1 supersedes the exempted state regulation in
accordance with the terms of the exemption. An exemption applies only to
businesses within specially benefited zones during the effective term of
the respective zones. State agencies may not adopt emergency regulations
to circumvent an exemption granted by the Administrator. Any such
emergency regulation is not effective within the specially benefited
zones to the extent it is inconsistent with the terms of the exemption.
(Added to NRS by 1983, 1979)
1. Except as provided in NRS 274.140 , a state agency may provide in its regulations
for the exemption of businesses within specially benefited zones or for
modifications or alternatives specifically applicable to businesses
within those zones, which impose less stringent standards or alternative
standards for compliance, including standards based on performance as a
substitute for specific requirements concerning methods, procedures or
equipment. The agency adopting those exemptions, modifications or
alternatives shall file with its proposed regulation its findings that
the proposed regulation provides economic incentives within specially
benefited zones which promote the purposes of this chapter and which, to
the extent they include any exemptions or reductions in regulatory
standards or requirements, outweigh the need or justification for the
existing regulation.
2. If any agency adopts a regulation pursuant to subsection 1
affecting a regulation contained on the list published by the
Administrator pursuant to NRS 274.110
before the Administrator adopts a regulation affecting the regulation on
the list, the agency shall immediately transmit a copy of its proposed
regulation to the Administrator, together with a statement of the reasons
why the Administrator should defer to the agency’s proposed regulation.
Regulations adopted under subsection 1 are subject to any superseding
regulations of the Administrator adopted under NRS 274.120 .
3. Except as provided in NRS 274.140 , a designating municipality may modify, with
respect to specially benefited zones, all local ordinances and
regulations regarding zoning, licensing or building codes.
(Added to NRS by 1983, 1980)
1. The provisions of NRS 274.110 , 274.120 and
subsection 1 of NRS 274.130 do not
apply to regulations adopted pursuant to any statute whose purpose is the
protection of the environment, the preservation of historic places and
landmarks, or the protection of persons against discrimination on the
basis of race, color, religion, sex, marital status, national origin or
handicap.
2. No exemption, modification or alternative to any regulation
adopted under NRS 274.110 , 274.120
or 274.130 is effective which:
(a) Presents a significant risk to the health or safety of persons
resident in or employed within a specially benefited zone;
(b) Conflicts with federal law or regulations such that the State,
or any local government or any area of the State other than specially
benefited zones, or any business located outside of a specially benefited
zone would be disqualified from a federal program or from federal tax
benefits or other benefits;
(c) Suspends or modifies a regulation specifically required by law;
or
(d) Eliminates or reduces benefits to persons who are residents of
or employed within a zone.
(Added to NRS by 1983, 1981)
An area is qualified to
become a specially benefited zone which:
1. Is a contiguous area, but the area of a zone may exclude wholly
surrounded territory within its boundaries;
2. Is a depressed area;
3. Satisfies any additional criteria established by regulation of
the Administrator consistent with the purposes of this chapter; and
4. Is entirely within a city or entirely within the unincorporated
areas of a county, except where reasonable need is established for the
zone to cover portions of more than one city or county.
(Added to NRS by 1983, 1971)
1. A city, within its jurisdiction, or a county within the
unincorporated areas of the county, or municipalities jointly, may by
ordinance designate an area as a specially benefited zone, subject to the
approval of the Governor, if:
(a) The area is qualified under NRS 274.150 ; and
(b) The municipality has conducted at least one public hearing
within the proposed zone on:
(1) The question of whether to create the zone;
(2) What local plans, financial incentives and other
programs should be established in connection with the zone; and
(3) What the boundaries of the zone should be.
Ê Public notice of the hearing must be published in at least one
newspaper of general circulation within the proposed zone, not more than
20 days nor less than 5 days before the hearing.
2. An ordinance designating an area as a specially benefited zone
must set forth:
(a) A precise description of the area comprising the zone, either
in the form of a legal description or by reference to roadways, lakes and
waterways, and township, county or city boundaries;
(b) A finding that the zone meets the qualifications of NRS 274.150
;
(c) Provisions for any financial incentives which pursuant to state
or federal law apply to qualified businesses within the zone at the
election of the designating municipality, and which are not applicable
throughout the municipality;
(d) A designation of the area as a specially benefited zone,
subject to the approval of the Governor; and
(e) The duration or term of the specially benefited zone.
3. This section does not prohibit a municipality from extending
additional financial incentives in specially benefited zones or
throughout its territory by separate ordinance, if the provision of those
incentives is otherwise authorized by law.
(Added to NRS by 1983, 1971)
A municipality which has adopted an ordinance designating
an area as a specially benefited zone shall make written application to
the Administrator to have the proposed zone approved by the Governor as a
specially benefited zone. The application must include:
1. A certified copy of the ordinance designating the proposed zone;
2. A map of the proposed zone, showing existing streets and
highways;
3. An analysis, and any appropriate supporting documents and
statistics, demonstrating that the proposed zone is qualified under NRS
274.150 ;
4. A statement detailing any reduction, deferral or elimination of
any license or franchise tax, fee, service charge or other financial
incentives or benefits, and any programs, to be provided by the
municipality to qualified businesses within the zone, other than those
provided in the designating ordinance, which are not to be provided
throughout the municipality;
5. A statement setting forth the objectives concerning economic
development and planning for the zone;
6. A statement describing the functions, programs and services to
be performed by designated neighborhood organizations within the zone;
7. An estimate of the economic effect of the zone, considering all
of the financial incentives or benefits and the programs contemplated,
upon the revenues of the municipality;
8. A recording or the minutes of all public hearings on the zone;
9. In the case of a joint application, a statement detailing the
need for a zone covering portions of more than one city or county and a
description of the agreement between the joint applicants; and
10. Such additional information as the Administrator by regulation
may require.
(Added to NRS by 1983, 1972)
1. All applications which are to be considered and acted upon by
the Administrator and the Governor during a calendar year must be
received by the Administrator no later than December 31 of the preceding
calendar year. Any application received on or after January 1 of any
calendar year must be held by the Administrator for consideration and
action during the following calendar year.
2. Upon receipt of an application from a municipality, the
Administrator shall review the application to determine whether the
designated area qualifies as a specially benefited zone under NRS 274.150
and whether to recommend approval or
denial of the application by the Governor. No later than May 1, the
Administrator shall notify all applicant municipalities of the
Administrator’s determination of the qualification of their respective
designated specially benefited zones. If any such designated area is
found to be qualified to be a specially benefited zone, the Administrator
shall, no later than May 15, publish a notice in at least one newspaper
of general circulation within the proposed zone to notify the general
public of the application and their opportunity to comment. The notice
must include a description of the area and a brief summary of the
application and must indicate locations where the applicant has provided
copies of the application for public inspection. The notice must also
indicate appropriate procedures for the filing of written comments from
residents, businesses, civic and other organizations and property owners
within the zone to the Administrator.
3. By July 1 the Governor shall either approve or deny all
applications filed by December 31 of the preceding year. If approval of
an application filed by December 31 of any year is not received by July 1
of the following year, the application shall be considered denied. If an
application is denied, the Administrator shall inform the municipality of
the specific reasons for the denial.
(Added to NRS by 1983, 1973)
1. In determining which designated areas will be approved as
specially benefited zones, the Governor shall give preference to:
(a) Areas with high levels of poverty, unemployment, loss of jobs
and population, and general distress;
(b) Areas which have evidenced the widest support from the
designating municipality, local residents and business, labor and
neighborhood organizations;
(c) Areas for which a specific plan has been submitted to effect
economic growth and expansion and neighborhood revitalization for the
benefit of residents and existing businesses within the zone through
efforts which may include but need not be limited to a reduction or
elimination of license or franchise taxes, fees or service charges, an
increase in the level and efficiency of local services, and a
simplification of governmental requirements applicable to employers or
employees, taking into account the resources available to the
municipality to make those efforts;
(d) Areas for which there is evidence of prior consultation between
the municipality and business, labor and neighborhood organizations
within the proposed zone;
(e) Areas for which a specific plan has been submitted which will
or may be expected to benefit residents and employees within the zone by
increasing their opportunities for ownership of and participation in
developments within the specially benefited zone; and
(f) Areas in which specific governmental functions are to be
performed by designated neighborhood organizations in partnership with
the municipality seeking certification of an area as a specially
benefited zone.
2. The Governor’s determination of whether to approve a specially
benefited zone must be based on the purposes of this chapter, the
criteria set forth in NRS 274.150 and
subsection 1 of this section and any additional criteria adopted by
regulation of the Administrator.
(Added to NRS by 1983, 1974)
1. Approval of designated specially benefited zones must be made
by the Governor by certification of the designating ordinance. The
Governor shall promptly issue a certificate for each specially benefited
zone upon his approval. The certificate must be signed by the Governor,
must make specific reference to the designating ordinance, which must be
attached thereto, and must be filed in the Office of the Secretary of
State. A certified copy of the certificate must be recorded with the
county recorder of the county in which the specially benefited zone lies.
2. A specially benefited zone is effective upon its certification.
The Administrator shall transmit a copy of the certification to the
Department of Taxation, the Employment Security Division of the
Department of Employment, Training and Rehabilitation and to the
designating municipality. The terms and provisions of the designating
ordinance become effective upon certification of the specially benefited
zone, and may not be amended or repealed except as otherwise provided in
NRS 274.280 .
3. Except as otherwise provided in NRS 274.280 , the designating ordinance and the
certification remain in effect for 20 years, or for a lesser number of
years specified in the ordinance, and terminate at midnight of December
31 of the final year of the certified term.
4. No more than eight specially benefited zones may be approved by
the Governor in any year. In any year, the Governor may not approve more
than three zones located within the same county, whether within its
cities or within the unincorporated areas, nor more than three zones in
the same city. The Governor may approve specially benefited zones in each
of the 6 years commencing with 1984. Thereafter, the Governor may not
approve any additional specially benefited zones, but may amend or
rescind certifications of existing zones as provided in NRS 274.280
.
(Added to NRS by 1983, 1974; A 1993, 1547; 2001, 1758 )
1. In order to stimulate opportunities for employment for
residents of a specially benefited zone, the Administrator shall initiate
a test of a program for the reimbursement of vouchers for the cost of
training residents of the zone eligible under the provisions of the
Internal Revenue Code concerning tax credits for the employment of
members of targeted groups in private industry. This program must not be
designed to subsidize businesses, but is intended to make available
opportunities for jobs and training not otherwise available. Nothing in
this subsection requires businesses within a zone to utilize this program.
2. The program described in subsection 1 must be designed:
(a) For those persons whose opportunities for obtaining employment
are minimal without participation in the program;
(b) To minimize the period during which those persons collect
benefits under programs for public assistance; and
(c) To accelerate the transition of those persons to unsubsidized
employment.
Ê The Administrator shall seek agreement with business, organized labor
and the appropriate state and local agencies on the design, operation and
evaluation of the test program.
3. A report with recommendations, including representative
comments of governmental agencies and business and labor organizations,
must be submitted by the Administrator to the designating municipality
and the Legislative Commission not later than 12 months after the test
program commences, or not later than 3 months following the termination
of the test program, whichever first occurs.
(Added to NRS by 1983, 1977)
1. The management of a specially benefited zone must be under the
jurisdiction of the designating municipality.
2. Each designating municipality shall, by ordinance, appoint a
zone manager for the certified zones within its jurisdiction. A zone
manager must be an officer or employee of the municipality.
3. The zone manager shall coordinate activities between the
designating municipality, the Administrator and any designated
neighborhood organizations within zones under his jurisdiction.
(Added to NRS by 1983, 1977)
When a specially benefited zone is
designated and approved under this chapter, the governing body of the
designating municipality may:
1. Apply with the United States Department of Commerce to have the
specially benefited zone declared to be a free trade zone.
2. When any federal legislation concerning specially benefited
zones is enacted or becomes effective, prepare and submit, with the
assistance of the Administrator and in a timely fashion, all information
and forms necessary to permit the specially benefited zone designated and
approved under this chapter to be considered as an eligible area under
the federal program.
3. Apply for all available assistance from the federal, state, and
in the case of a city, the county government, including the suspension or
modification of their regulations within the specially benefited zone
that have the characteristics described in subsection 1 of NRS 274.110
.
4. Develop and carry out a program to improve police protection
within the zone.
5. Give priority to the use in the zone of any federal assistance
for urban development or job training.
6. By ordinance adopt regulations for qualifying employers for the
benefits authorized specifically for qualified businesses under this
chapter and NRS 374.643 .
(Added to NRS by 1983, 1979)
To encourage the revitalization of specially
benefited zones, the governing body of a designating municipality may:
1. Issue bonds or other securities authorized by other law for the
purposes of economic development and use the proceeds for loans to any
new or expanding qualified businesses in the specially benefited zone.
2. Reduce or eliminate any license or franchise tax, fee or
service charge which would otherwise be imposed against qualified
businesses within the specially benefited zone.
3. Develop and carry out, alone or where feasible with the
participation of one or more designated neighborhood organizations as
provided in NRS 274.250 , programs to
improve needed governmental services within the specially benefited zone.
4. Develop and carry out a plan to:
(a) Ensure the availability of resources to assist residents of the
specially benefited zone in their own efforts to improve the condition of
property and the availability and quality of public services within the
zone.
(b) Provide or seek assistance for persons or businesses displaced
as a result of undertakings or other activities conducted pursuant to
this chapter.
5. Provide financing by tax increment pursuant to chapter 278C
of NRS.
6. Cooperate with any other governmental agency to provide any
other incentive likely to encourage private investment within the
specially benefited zone.
(Added to NRS by 1983, 1981; A 1997, 2561; 2005, 1767 )
1. A designating municipality may, by ordinance, delegate one or
more of the services or functions described in subsection 2 to one or
more qualified private organizations. For the purposes of this section,
an organization is qualified if:
(a) Its constituency is composed substantially of residents of the
specially benefited zone;
(b) It has a governing body elected by its constituents;
(c) It meets the requirements of paragraph (3) of subsection (c) of
section 501 of the Internal Revenue Code; and
(d) It exists primarily to perform services within the zone for the
benefit of its residents and businesses.
2. A designated neighborhood organization may be authorized to
provide the following services or perform the following functions in
coordination with the municipality:
(a) Provide or contract for the provision of public services
including, but not limited to:
(1) The establishment of patrols to watch for crime in
neighborhoods within the specially benefited zone.
(2) The establishment of volunteer day care centers.
(3) The organization of recreational activities for children
living within the zone.
(4) Garbage collection.
(5) Street maintenance and improvement.
(6) The maintenance and improvement of parks, bridges and
water and sewer lines.
(7) Projects for the conservation of energy.
(8) Health and clinical services.
(9) Programs to combat drug abuse.
(10) Programs to assist older residents of the zone.
(11) The rehabilitation, renovation, operation and
maintenance of housing for persons of low and moderate income.
(12) Other types of public services as provided by ordinance.
(b) Exercise authority for the enforcement of any code, permit or
procedure for licensing within a specially benefited zone.
(c) Provide a forum for action by business, labor and government on
innovations for the zone.
(d) Apply for regulatory relief under NRS 274.110 , 274.120 and
274.130 .
(e) Perform such other functions as the responsible governmental
entity may deem appropriate, including offerings and contracts for
insurance with businesses within the zone.
(f) Agree with local governments to provide these public services
within the zone by contracting with private firms and organizations,
where feasible and prudent.
(g) Solicit and receive contributions to improve the quality of
life in the specially benefited zone.
(Added to NRS by 1983, 1977)
Any business that wishes to participate in
the benefits specifically authorized for qualified businesses in this
chapter must first submit a proposal to the governing body of the
designating municipality. The proposal must contain the following
information:
1. An estimate of the number of new employees whom the business
intends to hire for its place of business within the specially benefited
zone and an estimate of the amount of payroll these hirings will add to
the business.
2. An estimate of the amount to be invested by the business to
establish, expand, renovate or occupy a place of business within the
specially benefited zone, including investment in new buildings,
additions, or improvements to existing buildings, machinery, equipment,
furniture, fixtures and inventory.
3. A listing of the business’ current investment, if any, in a
place of business within the specially benefited zone as of the date of
the submission of the proposal. The business shall review and keep
current the estimates and listings required under this subsection to
reflect material changes, and any agreement entered into pursuant to NRS
274.270 must set forth final estimates
and listings as of the time the agreement is entered.
(Added to NRS by 1983, 1982)
1. The governing body shall investigate the proposal made by a
business pursuant to NRS 274.260 , and
if it finds that the business is qualified by financial responsibility
and business experience to create and preserve employment opportunities
in the specially benefited zone and improve the economic climate of the
municipality and finds further that the business did not relocate from a
depressed area in this State or reduce employment elsewhere in Nevada in
order to expand in the specially benefited zone, the governing body may,
on behalf of the municipality, enter into an agreement with the business,
for a period of not more than 20 years, under which the business agrees
in return for one or more of the benefits authorized in this chapter and
NRS 374.643 for qualified businesses, as specified in the agreement, to
establish, expand, renovate or occupy a place of business within the
specially benefited zone and hire new employees at least 35 percent of
whom at the time they are employed are at least one of the following:
(a) Unemployed persons who have resided at least 6 months in the
municipality.
(b) Persons eligible for employment or job training under any
federal program for employment and training who have resided at least 6
months in the municipality.
(c) Recipients of benefits under any state or county program of
public assistance, including, without limitation, temporary assistance
for needy families, Medicaid and unemployment compensation who have
resided at least 6 months in the municipality.
(d) Persons with a physical or mental handicap who have resided at
least 6 months in the State.
(e) Residents for at least 1 year of the area comprising the
specially benefited zone.
2. To determine whether a business is in compliance with an
agreement, the governing body:
(a) Shall each year require the business to file proof satisfactory
to the governing body of its compliance with the agreement.
(b) May conduct any necessary investigation into the affairs of the
business and may inspect at any reasonable hour its place of business
within the specially benefited zone.
Ê If the governing body determines that the business is in compliance
with the agreement, it shall issue a certificate to that effect to the
business. The certificate expires 1 year after the date of its issuance.
3. The governing body shall file with the Administrator, the
Department of Taxation and the Employment Security Division of the
Department of Employment, Training and Rehabilitation a copy of each
agreement, the information submitted under paragraph (a) of subsection 2
and the current certificate issued to the business under that subsection.
The governing body shall immediately notify the Administrator, the
Department of Taxation and the Employment Security Division of the
Department of Employment, Training and Rehabilitation whenever the
business is no longer certified.
(Added to NRS by 1983, 1982; A 1993, 1548; 1997, 2336; 1999, 2237
)
1. The terms of a certified ordinance designating a specially
benefited zone may be amended to:
(a) Alter the boundaries of the zone;
(b) Limit or repeal financial incentives or benefits provided in
the ordinance; or
(c) Alter the date for terminating the zone.
Ê The amendment does not become effective unless the Governor issues an
amended certificate for the zone. Upon the adoption of the amendment, the
municipality shall promptly file with the Administrator an application
for approval thereof, containing substantially the same information as
required for an application under NRS 274.170 insofar as material to the proposed changes.
The municipality must hold a public hearing on the proposed changes as
specified in NRS 274.160 .
2. The Governor shall approve or disapprove a proposed amendment
to a certified specially benefited zone within 90 days after his receipt
of the application from the municipality. The Governor may not approve
changes in a zone which are not in conformity with this chapter or with
other applicable laws. If the Governor issues an amended certificate for
a specially benefited zone, the amended certificate, together with the
amended designating ordinance, must be filed, recorded and transmitted as
provided in NRS 274.200 .
(Added to NRS by 1983, 1975)
A specially benefited zone may
be terminated by joint action of the Governor and the designating
municipality. The designating municipality shall conduct at least one
public hearing within the zone before adopting its ordinance of
termination. The mayor of the designating city or the chairman of the
governing body of the designating county shall execute with the
Administrator a joint agreement for termination of the zone. The
termination of a specially benefited zone does not become effective until
at least 6 months after the execution of the terminating agreement, which
must be filed in the Office of the Secretary of State.
(Added to NRS by 1983, 1975)
Where a specially benefited zone is
terminated under NRS 274.290 , or the
length of the term or the area of a zone is reduced, or the benefits
available in a zone are reduced or eliminated:
1. All benefits previously extended within the zone pursuant to
this chapter, or pursuant to any other law of this State providing
benefits specifically to qualified businesses within specially benefited
zones, remain in effect for the original stated term of the zone with
respect to those qualified businesses operating within the zone on the
effective date of the termination or amendment, except as provided in
subsection 2.
2. A qualified business which is proposed or which has proposed an
expansion is entitled to the benefits previously applicable within the
zone for the original stated term of the zone, if the business
establishes that:
(a) The proposed business or expansion has been committed to be
located within the zone;
(b) Substantial and binding financial obligations have been made
towards the development of the business or the expansion; and
(c) Those commitments have been made in reasonable reliance on the
benefits and programs which were to have been applicable to the business
by reason of the zone, including in the case of a reduction in the term
of a zone, the original length of the term.
(Added to NRS by 1983, 1976)
ABATEMENTS FOR BUSINESSES IN CERTAIN AREAS OF ECONOMIC DEVELOPMENT
1. A person who intends to locate a business in this State within:
(a) A historically underutilized business zone, as defined in 15
U.S.C. § 632;
(b) A redevelopment area created pursuant to NRS 279.382 to 279.685 ,
inclusive;
(c) An area eligible for a community development block grant
pursuant to 24 C.F.R. Part 570; or
(d) An enterprise community established pursuant to 24 C.F.R. Part
597,
Ê may submit a request to the governing body of the county, city or town
in which the business would operate for an endorsement of an application
by the person to the Commission on Economic Development for a partial
abatement of one or more of the taxes imposed pursuant to chapter 361
or 374 of NRS. The governing body of the county, city or town shall provide
notice of the request to the board of trustees of the school district in
which the business would operate. The notice must set forth the date,
time and location of the hearing at which the governing body will
consider whether to endorse the application.
2. The governing body of a county, city or town shall develop
procedures for:
(a) Evaluating whether such an abatement would be beneficial for
the economic development of the county, city or town.
(b) Issuing a certificate of endorsement for an application for
such an abatement that is found to be beneficial for the economic
development of the county, city or town.
3. A person whose application has been endorsed by the governing
body of the county, city or town, as applicable, pursuant to this section
may submit the application to the Commission on Economic Development. The
Commission shall approve the application if the Commission makes the
following determinations:
(a) The business is consistent with:
(1) The State Plan for Industrial Development and
Diversification that is developed by the Commission pursuant to NRS
231.067 ; and
(2) Any guidelines adopted pursuant to the State Plan.
(b) The applicant has executed an agreement with the Commission
which states that the business will, after the date on which a
certificate of eligibility for the abatement is issued pursuant to
subsection 4:
(1) Commence operation and continue in operation in the
historically underutilized business zone, as defined in 15 U.S.C. § 632,
redevelopment area created pursuant to NRS 279.382 to 279.685 ,
inclusive, area eligible for a community development block grant pursuant
to 24 C.F.R. Part 570 or enterprise community established pursuant to 24
C.F.R. Part 597 for a period specified by the Commission, which must be
at least 5 years; and
(2) Continue to meet the eligibility requirements set forth
in this subsection.
Ê The agreement must bind successors in interest of the business for the
specified period.
(c) The business is registered pursuant to the laws of this State
or the applicant commits to obtain a valid business license and all other
permits required by the county, city or town in which the business will
operate.
(d) The applicant invested or commits to invest a minimum of
$500,000 in capital.
4. If the Commission on Economic Development approves an
application for a partial abatement, the Commission shall immediately
forward a certificate of eligibility for the abatement to:
(a) The Department of Taxation;
(b) The Nevada Tax Commission; and
(c) If the partial abatement is from the property tax imposed
pursuant to chapter 361 of NRS, the county treasurer of the county in which the business
will be located.
5. The Commission on Economic Development may adopt such
regulations as the Commission determines to be necessary or advisable to
carry out the provisions of this section.
6. An applicant for an abatement who is aggrieved by a final
decision of the Commission on Economic Development may petition for
judicial review in the manner provided in chapter 233B of NRS.
(Added to NRS by 2005, 639 )
1. A person who intends to expand a business in this State within:
(a) A historically underutilized business zone, as defined in 15
U.S.C. § 632;
(b) A redevelopment area created pursuant to NRS 279.382 to 279.685 ,
inclusive;
(c) An area eligible for a community development block grant
pursuant to 24 C.F.R. Part 570; or
(d) An enterprise community established pursuant to 24 C.F.R. Part
597,
Ê may submit a request to the governing body of the county, city or town
in which the business operates for an endorsement of an application by
the person to the Commission on Economic Development for a partial
abatement of the taxes imposed on capital equipment pursuant to chapter
374 of NRS. The governing body of the county, city or town shall provide
notice of the request to the board of trustees of the school district in
which the business operates. The notice must set forth the date, time and
location of the hearing at which the governing body will consider whether
to endorse the application.
2. The governing body of a county, city or town shall develop
procedures for:
(a) Evaluating whether such an abatement would be beneficial for
the economic development of the county, city or town.
(b) Issuing a certificate of endorsement for an application for
such an abatement that is found to be beneficial for the economic
development of the county, city or town.
3. A person whose application has been endorsed by the governing
body of the county, city or town, as applicable, pursuant to this section
may submit the application to the Commission on Economic Development. The
Commission shall approve the application if the Commission makes the
following determinations:
(a) The business is consistent with:
(1) The State Plan for Industrial Development and
Diversification that is developed by the Commission pursuant to NRS
231.067 ; and
(2) Any guidelines adopted pursuant to the State Plan.
(b) The applicant has executed an agreement with the Commission
which states that the business will, after the date on which a
certificate of eligibility for the abatement is issued pursuant to
subsection 4:
(1) Continue in operation in the historically underutilized
business zone, as defined in 15 U.S.C. § 632, redevelopment area created
pursuant to NRS 279.382 to 279.685
, inclusive, area eligible for a
community development block grant pursuant to 24 C.F.R. Part 570 or
enterprise community established pursuant to 24 C.F.R. Part 597 for a
period specified by the Commission, which must be at least 5 years; and
(2) Continue to meet the eligibility requirements set forth
in this subsection.
Ê The agreement must bind successors in interest of the business for the
specified period.
(c) The business is registered pursuant to the laws of this State
or the applicant commits to obtain a valid business license and all other
permits required by the county, city or town in which the business
operates.
(d) The applicant invested or commits to invest a minimum of
$250,000 in capital equipment.
4. If the Commission on Economic Development approves an
application for a partial abatement, the Commission shall immediately
forward a certificate of eligibility for the abatement to:
(a) The Department of Taxation; and
(b) The Nevada Tax Commission.
5. The Commission on Economic Development may adopt such
regulations as the Commission determines to be necessary or advisable to
carry out the provisions of this section.
6. An applicant for an abatement who is aggrieved by a final
decision of the Commission on Economic Development may petition for
judicial review in the manner provided in chapter 233B of NRS.
(Added to NRS by 2005, 640 )
1. A person who owns a business which is located within an
enterprise community established pursuant to 24 C.F.R. Part 597 in this
State may submit a request to the governing body of the county, city or
town in which the business is located for an endorsement of an
application by the person to the Commission on Economic Development for a
partial abatement of one or more of the taxes imposed pursuant to chapter
361 or 374 of NRS. The governing body of the county, city or town shall provide
notice of the request to the board of trustees of the school district in
which the business operates. The notice must set forth the date, time and
location of the hearing at which the governing body will consider whether
to endorse the application.
2. The governing body of a county, city or town shall develop
procedures for:
(a) Evaluating whether such an abatement would be beneficial for
the economic development of the county, city or town.
(b) Issuing a certificate of endorsement for an application for
such an abatement that is found to be beneficial for the economic
development of the county, city or town.
3. A person whose application has been endorsed by the governing
body of the county, city or town, as applicable, pursuant to this section
may submit the application to the Commission on Economic Development. The
Commission shall approve the application if the Commission makes the
following determinations:
(a) The business is consistent with:
(1) The State Plan for Industrial Development and
Diversification that is developed by the Commission pursuant to NRS
231.067 ; and
(2) Any guidelines adopted pursuant to the State Plan.
(b) The applicant has executed an agreement with the Commission
which states that the business will, after the date on which a
certificate of eligibility for the abatement is issued pursuant to
subsection 4:
(1) Continue in operation in the enterprise community for a
period specified by the Commission, which must be at least 5 years; and
(2) Continue to meet the eligibility requirements set forth
in this subsection.
Ê The agreement must bind successors in interest of the business for the
specified period.
(c) The business is registered pursuant to the laws of this State
or the applicant commits to obtain a valid business license and all other
permits required by the county, city or town in which the business
operates.
(d) The business:
(1) Employs one or more dislocated workers who reside in the
enterprise community; and
(2) Pays such employee or employees a wage of not less than
100 percent of the federally designated level signifying poverty for a
family of four persons and provides medical benefits to the employee or
employees and his or their dependents.
4. If the Commission on Economic Development approves an
application for a partial abatement, the Commission shall:
(a) Determine the percentage of employees of the business which
meet the requirements of paragraph (d) of subsection 3 and grant a
partial abatement equal to that percentage; and
(b) Immediately forward a certificate of eligibility for the
abatement to:
(1) The Department of Taxation;
(2) The Nevada Tax Commission; and
(3) If the partial abatement is from the property tax
imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business is
located.
5. The Commission on Economic Development:
(a) Shall adopt regulations relating to the minimum level of
benefits that a business must provide to its employees to qualify for an
abatement pursuant to this section.
(b) May adopt such other regulations as the Commission determines
to be necessary or advisable to carry out the provisions of this section.
6. An applicant for an abatement who is aggrieved by a final
decision of the Commission on Economic Development may petition for
judicial review in the manner provided in chapter 233B of NRS.
7. As used in this section, “dislocated worker” means a person who:
(a) Has been terminated, laid off or received notice of termination
or layoff from employment;
(b) Is eligible for or receiving or has exhausted his entitlement
to unemployment compensation;
(c) Has been dependent on the income of another family member but
is no longer supported by that income;
(d) Has been self-employed but is no longer receiving an income
from self-employment because of general economic conditions in the
community or natural disaster; or
(e) Is currently unemployed and unable to return to a previous
industry or occupation.
(Added to NRS by 2005, 641 )
