USA Statutes : nevada
Title : Title 36 - MILITARY AFFAIRS AND CIVIL EMERGENCIES
Chapter : CHAPTER 416 - EMERGENCIES CONCERNING WATER OR ENERGY
The purpose of this chapter is to
meet effectively water and energy emergencies by providing for
conservation, efficient utilization, production and allocation of water
and energy in ways which will:
1. Carry out as necessary, national water and energy policies
under federal water and energy laws;
2. Maintain vital services necessary for the peace, health, safety
and welfare of the people of this state;
3. Promote the most efficient use of water and energy;
4. Lessen adverse impacts upon employment in and the economy and
environment of this state;
5. Ensure to the extent reasonably possible equitable treatment of
all regions of the State and all sectors of the economy, consistent with
other necessary considerations; and
6. Promote and protect the interests of this state in the course
of decisions to be made and actions to be taken under federal water and
energy laws.
(Added to NRS by 1977, 548)
As used in this chapter, unless the
context otherwise requires:
1. “Energy” means energy derived from crude oil, residual fuel
oil, refined petroleum products, coal, natural and artificial gas,
propane and electricity.
2. “Regulation” includes every rule, standard, directive or
statement of general applicability that carries out or interprets law or
policy or describes the organization, procedure or practice requirements
of any state agency or political subdivision of the State.
3. “State agency” means every public agency, bureau, board,
commission, department, division, officer or employee of the Executive
Department of State Government.
(Added to NRS by 1977, 549)
The Governor or his designee may:
1. Collect and compile information concerning current, past and
future sources, users and supplies of water and energy in this state.
2. Devise contingency plans that provide for conserving,
allocating, using, increasing the supply or taking whatever steps are
necessary to prevent a water or energy emergency, or in the event of a
water or energy emergency, to ensure the fairest and most advantageous
use of water or energy or of any water or energy source or supply for the
benefit of all the people of this state.
3. Prepare reports explaining the purposes and projected economic
impact of the proposed contingency plans and indicating those areas in
which the plans are inconsistent with any existing rule, order, plan or
regulation of any state agency or political subdivision of the State.
4. Serve as liaison with the Federal Government and other states
on water and energy matters.
5. Keep current information on all requirements, alternatives and
other existing and proposed actions and policies of the Federal
Government concerning water and energy.
(Added to NRS by 1977, 549)
The Governor or his
designee may:
1. Request any state agency or political subdivision of the State
to supply any information in its possession or readily accessible to it
concerning the use, supply, source, allocation or distribution of water
or energy.
2. Request any business, industry, trade association or other
organization or person doing business or representing persons doing
business in this state to supply any information in their possession or
that can reasonably be assumed to be readily accessible to them
concerning the use, supply, source, allocation or distribution of water
or energy.
3. Issue a subpoena to any officer or agent of any such public or
private entity to appear before him and give oral testimony or produce
any relevant book, paper, account, memorandum or record as was requested
under subsection 1 or 2 and as may be necessary to deal with any actual
or impending water or energy emergency in this state.
4. Enter into contracts for consulting or other services and take
any other actions as are necessary to carry out the purposes of this
chapter.
(Added to NRS by 1977, 549)
1. The Governor may, by proclamation, declare a water or energy
emergency, or impending water or energy emergency, whenever he determines
that:
(a) The President of the United States or Congress has declared
that an actual or impending water or energy emergency exists in this
state or elsewhere in the United States; or
(b) The health, safety or welfare of the citizens of this state is
threatened by reason of an actual or impending acute shortage in usable
water or energy resources. A determination under this paragraph shall not
be made unless reasonable notice and an opportunity for a hearing is
afforded the citizens in the geographical area of the State affected.
2. A copy of the proclamation shall be filed with the Secretary of
State.
(Added to NRS by 1977, 550)
Upon the proclamation of a water or energy emergency under this chapter,
the Governor may:
1. Issue, amend or rescind any regulation or order designed to
alleviate or manage in an orderly manner the water or energy emergency
including without limitation the regulation as necessary of the
allocation, conservation or use of water or energy during the emergency.
Any regulation or order so issued or amended has the full force of law
within the geographical area specified in the proclamation.
2. Amend or suspend any regulation of any state agency or
political subdivision of the State if the Governor determines that the
action is necessary to lessen the adverse impact of the water or energy
emergency on the people of this state.
3. Utilize the services, equipment, supplies and facilities of any
state agency or political subdivision of the State to the greatest extent
practicable and necessary to meet the water or energy emergency. The
officers and employees of all state agencies and political subdivisions
of the State shall cooperate with and extend such services and facilities
to the Governor upon request.
(Added to NRS by 1977, 550)
1. Any information furnished under NRS 416.040 and designated as confidential by the person
providing the information shall be maintained as confidential by the
Governor and any other person who obtains information which he knows to
be confidential under this section.
2. The Governor shall not make known in any manner any particulars
of the information to any person other than those he designates in
writing as having a need to know such information.
3. No subpoena or other judicial order may be issued compelling
the Governor or any other person to divulge or make known the
confidential information, except when the information is relevant to
proceedings under subsection 6.
4. Nothing in this section prohibits use of confidential
information to prepare statistics or other general data for publication
in such a manner that the identity of particular persons or business
establishments is protected.
5. Any person or business establishment who is served with a
subpoena to give oral testimony or to produce any book, paper,
correspondence, memorandum, account, agreements or other document or
record pursuant to this chapter may apply to any district court for a
protective order as provided by Rule 26 of the Nevada Rules of Civil
Procedure.
6. In addition to any other penalties provided by law, a person
who willfully discloses confidential information in violation of this
section is subject to removal from office or immediate dismissal from
public employment.
(Added to NRS by 1977, 550)
1. If the Governor issues a proclamation of a water or energy
emergency under this chapter, he shall adopt procedures by which any
person directly affected may, for good cause, apply for a partial or
total variance from any regulation or order issued pursuant to NRS
416.060 .
2. In adopting these procedures, the Governor may designate an
appropriate state administrative agency to conduct a hearing on each
application, receive sworn testimony, issue subpoenas for witnesses,
books, papers or other documents or records considered relevant for the
proper disposition of the application, and to issue decisions after a
hearing on each application.
3. A person aggrieved by a final decision under this section is
entitled to judicial review of the decision in the manner provided by law
for the review of the decisions of administrative agencies in contested
cases.
(Added to NRS by 1977, 551; A 1985, 289)
1. Notice of any official action taken by the Governor pursuant to
NRS 416.050 or subsection 1 or 2 of NRS
416.060 , including a proclamation of a
water or energy emergency or the issuance, amendment, suspension or
rescission of any regulation or order, shall be filed with the Secretary
of State.
2. The official action shall be effective for a period of not more
than 120 days after the date of filing unless the action is rescinded by
the Governor before such expiration date.
3. The Governor shall cause widespread publicity to be given to
the filing of the notice of official action.
4. Nothing in this section prohibits the Governor from issuing a
new declaration of a water or energy emergency upon the expiration of a
prior declaration when such an emergency or the threat of an imminent
emergency continues to exist.
(Added to NRS by 1977, 551)
1. Any person who violates any regulation or order issued by the
Governor pursuant to this chapter is guilty of a misdemeanor.
2. In addition to any other penalties which may be imposed
pursuant to this section, any person who violates any such regulation or
order issued by the Governor is liable for a civil penalty of not more
than $1,000.
3. Each day of violation shall be considered a separate offense.
(Added to NRS by 1977, 551)
