USA Statutes : nevada
Title : Title 58 - ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
Chapter : CHAPTER 701 - ENERGY POLICY
1. The Legislature finds that:
(a) Energy is essential to the economy of the State and to the
health, safety and welfare of the people of the State.
(b) The State has a responsibility to encourage the maintenance of
a reliable and economical supply of energy at a level which is consistent
with the protection of environmental quality.
(c) The State has a responsibility to encourage the utilization of
a wide range of measures which reduce wasteful uses of energy resources.
(d) Planning for energy conservation and future energy requirements
should include consideration of state, regional and local plans for land
use, urban expansion, transportation systems, environmental protection
and economic development.
(e) Government and private enterprise need to accelerate research
and development of sources of renewable energy and to improve technology
related to the research and development of existing sources of energy.
(f) While government and private enterprise are seeking to
accelerate research and development of sources of renewable energy, they
must also prepare for and respond to the advent of competition within the
electrical energy industry and are, therefore, encouraged to maximize the
use of indigenous energy resources to the extent competitively and
economically feasible.
(g) Prevention of delays and interruptions in providing energy,
protecting environmental values and conserving energy require expanded
authority and capability within State Government.
2. It is the policy of this state to encourage participation with
all levels of government and private enterprise in cooperative state,
regional and national programs to assure adequate supplies of energy
resources and markets for such energy resources.
3. It is the policy of this state to assign the responsibility for
managing and conserving energy and its sources to agencies whose other
programs are similar, to avoid duplication of effort in developing
policies and programs for energy.
(Added to NRS by 1977, 1163; A 1983, 2092; 1995, 311; 2001, 3263
)—(Substituted in revision for NRS 523.011)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 701.030
to 701.090 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1977, 1163; A 1983, 2092; 1993, 1698; 2001, 3263
; 2003, 1873 )
“Biomass” means any organic matter
that is available on a renewable basis, including, without limitation:
1. Agricultural crops and agricultural wastes and residues;
2. Wood and wood wastes and residues;
3. Animal wastes;
4. Municipal wastes; and
5. Aquatic plants.
(Added to NRS by 2001, 3259 )
“Consumer’s Advocate”
means the Consumer’s Advocate of the Bureau of Consumer Protection in the
Office of the Attorney General.
(Added to NRS by 2001, 3259 )
“Director” means the Director of
the Office of Energy appointed pursuant to NRS 701.150 .
(Added to NRS by 2001, 3259 )
“Fuel cell” means a device or
contrivance that, through the chemical process of combining ions of
hydrogen and oxygen, produces electricity and water.
(Added to NRS by 2001, 3259 )
“Net metering system”
has the meaning ascribed to it in NRS 704.771 .
(Added to NRS by 2003, 1872 )
1. “Renewable energy” means a source of energy that occurs
naturally or is regenerated naturally, including, without limitation:
(a) Biomass;
(b) Fuel cells;
(c) Geothermal energy;
(d) Solar energy;
(e) Waterpower; and
(f) Wind.
2. The term does not include coal, natural gas, oil, propane or
any other fossil fuel, or nuclear energy.
(Added to NRS by 2001, 3259 )
1. “Renewable energy generation project” means a project involving
an electric generating facility or system that uses renewable energy as
its primary source of energy to generate electricity.
2. The term does not include a project involving an electric
generating facility or system that uses nuclear energy, in whole or in
part, to generate electricity.
(Added to NRS by 2001, 3259 )
“Task Force” means the Task
Force for Renewable Energy and Energy Conservation created by NRS 701.350
.
(Added to NRS by 2001, 3259 )
OFFICE OF ENERGY
Organization
1. The Office of Energy is hereby created within the Office of the
Governor.
2. The Governor shall appoint the Director. The Director:
(a) Is in the unclassified service of the State; and
(b) Serves at the pleasure of the Governor.
3. The Director may, within the limits of available money, employ:
(a) Such persons in the unclassified service of the State as the
Director determines to be necessary to carry out the duties of the Office
of Energy pursuant to this chapter; and
(b) Such additional personnel as may be required to carry out the
duties of the Office of Energy pursuant to this chapter, who must be in
the classified service of the State.
4. A person employed by the Director pursuant to this section must
be qualified by training and experience to perform the duties for which
the Director employs him.
5. The Director and the persons employed by the Director shall not
have any conflict of interest relating to the performance of their duties
pursuant to this chapter.
6. The provisions of NRS 223.085
do not apply to the Director or to any person employed by the Director
pursuant to this section.
(Added to NRS by 2001, 3262 )
General Powers and Duties
The
Director shall prepare a report concerning the status of energy in the
State of Nevada and submit it to:
1. The Governor on or before January 30 of each year; and
2. The Legislature on or before January 30 of each odd-numbered
year.
(Added to NRS by 1975, 670; A 1977, 1166)—(Substituted in revision
for NRS 523.181)
The Director may:
1. Administer any gifts or grants which the Office of Energy is
authorized to accept for the purposes of this chapter.
2. Expend money received from those gifts or grants or from
legislative appropriations to contract with qualified persons or
institutions for research in the production and efficient use of energy
resources.
3. Enter into any cooperative agreement with any federal or state
agency or political subdivision.
4. Participate in any program established by the Federal
Government relating to sources of energy and adopt regulations
appropriate to that program.
5. Assist developers of renewable energy generation projects in
preparing and making requests to obtain money for development through the
issuance of industrial development revenue bonds pursuant to NRS 349.400
to 349.670 , inclusive.
6. Adopt any regulations that the Director determines are
necessary to carry out the duties of the Office of Energy pursuant to
this chapter.
(Added to NRS by 1977, 1165; A 1979, 624, 1560; 1983, 2093; 1993,
1699; 2001, 3264 )—(Substituted in revision for NRS 523.051)
The Director shall:
1. Acquire and analyze information relating to energy and to the
supply, demand and conservation of its sources.
2. Utilize all available public and private means to provide
information to the public about problems relating to energy and to
explain how conservation of energy and its sources may be accomplished.
3. Review and evaluate information which identifies trends and
permits forecasting of the energy available to the State. Such forecasts
must include estimates on:
(a) The level of demand for energy in the State for 5-, 10- and
20-year periods;
(b) The amount of energy available to meet each level of demand;
(c) The probable implications of the forecast on the demand and
supply of energy; and
(d) The sources of renewable energy and other alternative sources
of energy which are available and their possible effects.
4. Study means of reducing wasteful, inefficient, unnecessary or
uneconomical uses of energy and encourage the maximum utilization of
existing sources of energy in the State.
5. Encourage the development of:
(a) Any sources of renewable energy and any other energy projects
which will benefit the State; and
(b) Any measures which conserve or reduce the demand for energy or
which result in more efficient use of energy.
6. In conjunction with the Desert Research Institute, review
policies relating to the research and development of the State’s
geothermal resources and make recommendations to the appropriate state
and federal agencies for establishing methods of developing the
geothermal resources within the State.
7. Solicit and serve as the point of contact for grants and other
money from the Federal Government and other sources to promote:
(a) Energy projects that enhance the economic development of the
State;
(b) The use of renewable energy; and
(c) The use of measures which conserve or reduce the demand for
energy or which result in more efficient use of energy.
8. Coordinate the activities and programs of the Office of Energy
with the activities and programs of the Task Force, the Consumer’s
Advocate and the Public Utilities Commission of Nevada and other federal,
state and local officers and agencies that promote, fund, administer or
operate activities and programs related to the use of renewable energy
and the use of measures which conserve or reduce the demand for energy or
which result in more efficient use of energy.
9. Carry out all other directives concerning energy that are
prescribed by the Governor.
(Added to NRS by 1977, 1164; A 1983, 2093; 2001, 3264 )—(Substituted in revision for NRS 523.131)
1. The Director shall prepare a comprehensive state energy plan
which provides for the promotion of:
(a) Energy projects that enhance the economic development of the
State;
(b) The use of renewable energy; and
(c) The use of measures which conserve or reduce the demand for
energy or which result in more efficient use of energy.
2. The comprehensive state energy plan must include provisions for:
(a) The assessment of the potential benefits of proposed energy
projects on the economic development of the State.
(b) The education of persons and entities concerning renewable
energy and measures which conserve or reduce the demand for energy or
which result in more efficient use of energy.
(c) The creation of incentives for investment in and the use of
renewable energy and measures which conserve or reduce the demand for
energy or which result in more efficient use of energy.
(d) Grants and other money to establish programs and conduct
activities which promote:
(1) Energy projects that enhance the economic development of
the State;
(2) The use of renewable energy; and
(3) The use of measures which conserve or reduce the demand
for energy or which result in more efficient use of energy.
(e) The development or incorporation by reference of model and
uniform building and energy codes and standards which are written in
language that is easy to understand and which include performance
standards for conservation of energy and efficient use of energy.
(f) Oversight and accountability with respect to all programs and
activities described in this subsection.
(g) Any other matter that the Task Force determines to be relevant
to the issues of energy resources, energy use, energy conservation and
energy efficiency.
(Added to NRS by 1977, 1164; A 1979, 1560; 2001, 3265 )—(Substituted in revision for NRS 523.141)
1. The Director may recommend to state agencies, local governments
and appropriate private persons and entities, standards for conservation
of energy and its sources and for carrying out the comprehensive state
energy plan.
2. In recommending such standards, the Director shall consider the
usage of energy and its sources in the State and the methods available
for conservation of those sources.
(Added to NRS by 1977, 1165; A 1983, 2094; 1997, 2010; 2001, 3266
)—(Substituted in revision for NRS 523.161)
The
Director shall:
1. Prepare, subject to the approval of the Governor, petroleum
allocation and rationing plans for possible energy contingencies. The
plans shall be carried out only by executive order of the Governor.
2. Carry out and administer any federal programs which authorize
state participation in fuel allocation programs.
(Added to NRS by 1977, 1165)—(Substituted in revision for NRS
523.151)
Regulation of Buildings and Other Structures
The Director shall prepare a state energy
reduction plan which requires state agencies, departments and other
entities in the Executive Branch to reduce grid-based energy purchases
for state-owned buildings by 20 percent by 2015.
(Added to NRS by 2005, 22nd Special Session, 76 )
1. The Director, in consultation with the State Public Works Board
and any other interested agency, shall:
(a) In cooperation with representatives of the building and
development industry, adopt guidelines establishing Green Building
Standards for all occupied public buildings whose construction will be
sponsored or financed by this State or a local government.
(b) Adopt a Green Building Rating System, such as the Leadership in
Energy and Environmental Design Green Building Rating System or its
equivalent, pursuant to subsections 4 and 5. With regard to buildings or
structures that are not public buildings or structures, the Green
Building Rating System adopted by the Director is to be used only for the
purposes of determining eligibility for tax abatements or tax exemptions
that are authorized by law to use the Green Building Rating System.
2. Guidelines adopted pursuant to paragraph (a) of subsection 1
must include, without limitation, suggested:
(a) Requirements for the use of resource-efficient materials for
the construction and maintenance of the building;
(b) Standards for indoor environmental quality;
(c) Standards for the efficient use of water, including the
efficient use of water for landscaping purposes;
(d) Standards for the efficient use of energy; and
(e) Requirements for the design and preparation of building lots.
3. If standards equivalent to the Leadership in Energy and
Environmental Design Green Building Rating System are adopted, the
standards adopted must provide reasonable exceptions based on the size,
location and use of the building.
4. Subject to the provisions of subsection 5, the Director shall
establish a process for adopting a Green Building Rating System, such as
the Leadership in Energy and Environmental Design Green Building Rating
System or its equivalent. The process must include, without limitation:
(a) The gathering and development of scientific data;
(b) Comments from representatives of the building industry;
(c) Consensus from representatives of the building industry;
(d) A method by which the Director, the State Public Works Board
and other interested agencies may cast ballots on the proposed standards;
(e) A pilot program for the purpose of refining the standards; and
(f) A process by which an aggrieved person may file an appeal of
the standards adopted.
5. In adopting a Green Building Rating System pursuant to
subsection 4, the Director is not required to adopt and is not limited to
using the Leadership in Energy and Environmental Design Green Building
Rating System but may adopt an equivalent rating system based on any
other nationally recognized standards for green buildings, or any
combination of those standards.
(Added to NRS by 2005, 22nd Special Session, 75 )
1. The Director shall adopt regulations for the conservation of
energy in buildings, including manufactured homes. Such regulations must
include the adoption of the most recent version of the International
Energy Conservation Code, issued by the International Code Council, and
any amendments to the Code that will not materially lessen the effective
energy savings requirements of the Code and are deemed necessary to
support effective compliance and enforcement of the Code, and must
establish the minimum standards for:
(a) The construction of floors, walls, ceilings and roofs;
(b) The equipment and systems for heating, ventilation and
air-conditioning;
(c) Electrical equipment and systems;
(d) Insulation; and
(e) Other factors which affect the use of energy in a building.
Ê The regulations must provide for the adoption of the most recent
version of the International Energy Conservation Code, and any amendments
thereto, every third year.
2. The Director may exempt a building from a standard if he
determines that application of the standard to the building would not
accomplish the purpose of the regulations.
3. The regulations must authorize allowances in design and
construction for sources of renewable energy used to supply all or a part
of the energy required in a building.
4. The standards adopted by the Director are the minimum standards
for the conservation of energy and energy efficiency which apply only to
areas in which the governing body of the local government has not adopted
standards for the conservation of energy and energy efficiency in
buildings. Such governing bodies shall assist the Director in the
enforcement of the regulations adopted pursuant to this section.
5. The Director shall solicit comments regarding the adoption of
regulations pursuant to this section from:
(a) Persons in the business of constructing and selling homes;
(b) Contractors;
(c) Public utilities;
(d) Local building officials; and
(e) The general public,
Ê before adopting any regulations. The Director must conduct at least
three hearings in different locations in the State, after giving 30 days’
notice of each hearing, before he may adopt any regulations pursuant to
this section.
(Added to NRS by 1985, 1794; A 2001, 1251 , 3266 ; 2003, 32 ; 2005, 22nd Special Session, 76 )
1. In a county whose population is 100,000 or more, a building
whose construction began on or after October 1, 1983, must not contain a
system using electric resistance for heating spaces unless:
(a) The system is merely supplementary to another means of heating;
(b) Under the particular circumstances no other primary means of
heating the spaces is a feasible or economical alternative to heating by
electric resistance; or
(c) The Office of Energy determines that the present or future
availability of other sources of energy is so limited as to justify the
use of such a system.
2. This section does not prohibit the use of incandescent or
fluorescent lighting.
(Added to NRS by 1983, 1575; A 1985, 2289; 1993, 1699)—(Substituted
in revision for NRS 523.167)
Programs
1. The Director shall develop a program to distribute money,
within the limits of legislative appropriation, in the form of grants,
incentives or rebates to persons to pay or defray, in whole or in part,
the costs for those persons to acquire, install or improve net metering
systems, if the Director determines that the distribution of money to a
person for that purpose will encourage, promote or stimulate:
(a) The development or use of sources of renewable energy in the
State or the development of industries or technologies that use sources
of renewable energy in the State;
(b) The conservation of energy in the State, the diversification of
the types of energy used in the State or any reduction in the dependence
of the State on foreign sources of energy;
(c) The protection of the natural resources of the State or the
improvement of the environment;
(d) The enhancement of existing utility facilities or any other
infrastructure in the State or the development of new utility facilities
or any other infrastructure in the State; or
(e) The investment of capital or the expansion of business
opportunities in the State or any growth in the economy of the State.
2. The Director may adopt any regulations that are necessary to
carry out the provisions of this section.
3. The Director shall not distribute money to any person pursuant
to this section unless:
(a) The person complies with any requirements that the Director
adopts by regulation; and
(b) The distribution of the money is consistent with one or more of
the public purposes set forth in paragraphs (a) to (e), inclusive, of
subsection 1.
4. As used in this section, “person” includes, without limitation,
any state or local governmental agency or entity.
(Added to NRS by 2003, 1872 )
TASK FORCE FOR RENEWABLE ENERGY AND ENERGY CONSERVATION
1. The Task Force for Renewable Energy and Energy Conservation is
hereby created. The Task Force consists of 11 members who are appointed
as follows:
(a) Two members appointed by the Majority Leader of the Senate, one
of whom represents the interests of the renewable energy industry in this
State with respect to biomass and the other of whom represents the
interests of the mining industry in this State.
(b) Two members appointed by the Speaker of the Assembly, one of
whom represents the interests of the renewable energy industry in this
State with respect to geothermal energy and the other of whom represents
the interests of a nonprofit organization dedicated to the protection of
the environment or to the conservation of energy or the efficient use of
energy.
(c) One member appointed by the Minority Leader of the Senate to
represent the interests of the renewable energy industry in this State
with respect to solar energy.
(d) One member appointed by the Minority Leader of the Assembly to
represent the interests of the public utilities in this State.
(e) Two members appointed by the Governor, one of whom represents
the interests of the renewable energy industry in this State with respect
to wind and the other of whom represents the interests of the gaming
industry in this State.
(f) One member appointed by the Consumer’s Advocate to represent
the interests of the consumers in this State.
(g) One member appointed by the governing board of the State of
Nevada AFL-CIO or, if the State of Nevada AFL-CIO ceases to exist, by its
successor organization or, if there is no successor organization, by the
Governor.
(h) One member appointed by the Governor to represent the interests
of energy conservation and the efficient use of energy in this State.
2. A member of the Task Force:
(a) Must be a citizen of the United States and a resident of this
State.
(b) Must have training, education, experience or knowledge
concerning:
(1) The development or use of renewable energy;
(2) Financing, planning or constructing renewable energy
generation projects;
(3) Measures which conserve or reduce the demand for energy
or which result in more efficient use of energy;
(4) Weatherization;
(5) Building and energy codes and standards;
(6) Grants or incentives concerning energy;
(7) Public education or community relations; or
(8) Any other matter within the duties of the Task Force.
(c) Must not be an officer or employee of the Legislative or
Judicial Department of State Government.
3. After the initial terms, the term of each member of the Task
Force is 3 years. A vacancy on the Task Force must be filled for the
remainder of the unexpired term in the same manner as the original
appointment. A member may be reappointed to the Task Force.
4. A member of the Task Force who is an officer or employee of
this State or a political subdivision of this State must be relieved from
his duties without loss of his regular compensation so that he may
prepare for and attend meetings of the Task Force and perform any work
that is necessary to carry out the duties of the Task Force in the most
timely manner practicable. A state agency or political subdivision of
this State shall not require an officer or employee who is a member of
the Task Force to:
(a) Make up the time he is absent from work to carry out his duties
as a member of the Task Force; or
(b) Take annual leave or compensatory time for the absence.
(Added to NRS by 2001, 3260 ; A 2003, 1865 ; 2005, 22nd Special Session, 77 )
1. The members of the Task Force shall select a Chairman and Vice
Chairman from among their membership. The Vice Chairman shall perform the
duties of the Chairman during any absence of the Chairman.
2. The Chairman and Vice Chairman serve in those positions for
terms of 1 year. If a vacancy occurs in the Chairmanship or Vice
Chairmanship, the vacancy must be filled for the remainder of the
unexpired term in the same manner as the original selection.
3. A majority of the members of the Task Force constitutes a
quorum. A majority of the members present during a quorum may exercise
all the power and authority conferred on the Task Force.
4. The Task Force shall meet at least four times annually or more
frequently at the discretion of the Chairman.
5. Except as otherwise provided in this subsection, the members of
the Task Force serve without compensation and are not entitled to the per
diem and travel expenses provided for state officers and employees
generally. For each day of attendance at a meeting of the Task Force and
while engaged in the business of the Task Force, a member of the Task
Force who:
(a) Is an officer or employee of this state or a political
subdivision of this state is entitled to receive the per diem and travel
expenses provided for state officers and employees generally, paid by his
governmental employer.
(b) Represents the interests of a nonprofit organization is
entitled to receive the per diem and travel expenses provided for state
officers and employees generally, paid from the Trust Fund for Renewable
Energy and Energy Conservation.
6. The Consumer’s Advocate shall provide the Task Force with
administrative and clerical support and with such other assistance as may
be necessary for the Task Force to carry out its duties. Such support and
assistance must include, without limitation, making arrangements for
facilities, equipment and other services in preparation for and during
meetings.
(Added to NRS by 2001, 3261 )
1. The Trust Fund for Renewable Energy and Energy Conservation is
hereby created in the State Treasury.
2. The Task Force shall administer the Fund. As administrator of
the Fund, the Task Force:
(a) Shall maintain the financial records of the Fund;
(b) Shall invest the money in the Fund as the money in other state
funds is invested;
(c) Shall manage any account associated with the Fund;
(d) Shall maintain any instruments that evidence investments made
with the money in the Fund;
(e) May contract with vendors for any good or service that is
necessary to carry out the provisions of this section; and
(f) May perform any other duties that are necessary to administer
the Fund.
3. The interest and income earned on the money in the Fund must,
after deducting any applicable charges, be credited to the Fund. All
claims against the Fund must be paid as other claims against the State
are paid.
4. Not more than 2 percent of the money in the Fund may be used to
pay the costs of administering the Fund.
5. The money in the Fund remains in the Fund and does not revert
to the State General Fund at the end of any fiscal year.
6. All money that is deposited or paid into the Fund may only be
expended pursuant to an allocation made by the Task Force. Money expended
from the Fund must not be used to supplant existing methods of funding
that are available to public agencies.
(Added to NRS by 2001, 3259 )
1. The Task Force shall:
(a) Advise the Office of Energy in:
(1) The development and periodic review of the comprehensive
state energy plan with regard to the use of renewable energy and the use
of measures which conserve or reduce the demand for energy or which
result in more efficient use of energy.
(2) The distribution of money to persons pursuant to NRS
701.240 to pay or defray, in whole or
in part, the costs for those persons to acquire, install or improve net
metering systems.
(b) Coordinate its activities and programs with the activities and
programs of the Office of Energy, the Consumer’s Advocate and the Public
Utilities Commission of Nevada and other federal, state and local
officers and agencies that promote, fund, administer or operate
activities and programs related to the use of renewable energy and the
use of measures which conserve or reduce the demand for energy or which
result in more efficient use of energy.
(c) Spend the money in the Trust Fund for Renewable Energy and
Energy Conservation to:
(1) Educate persons and entities concerning renewable energy
and measures which conserve or reduce the demand for energy or which
result in more efficient use of energy.
(2) Create incentives for investment in and the use of
renewable energy and measures which conserve or reduce the demand for
energy or which result in more efficient use of energy.
(3) Distribute grants and other money to establish programs
and projects which incorporate the use of renewable energy and measures
which conserve or reduce the demand for energy or which result in more
efficient use of energy.
(4) Conduct feasibility studies, including, without
limitation, any feasibility studies concerning the establishment or
expansion of any grants, incentives, rebates or other programs to enable
or assist persons to reduce the cost of purchasing on-site generation
systems, net metering systems and distributed generation systems that use
renewable energy.
(d) Take any other actions that the Task Force deems necessary to
carry out its duties, including, without limitation, contracting with
consultants, if necessary, for the purposes of program design or to
assist the Task Force in carrying out its duties.
2. The Task Force shall prepare an annual report concerning its
activities and programs and submit the report to the Legislative
Commission and the Governor on or before January 30 of each year. The
annual report must include, without limitation:
(a) A description of the objectives of each activity and program;
(b) An analysis of the effectiveness and efficiency of each
activity and program in meeting the objectives of the activity or program;
(c) The amount of money distributed for each activity and program
from the Trust Fund for Renewable Energy and Energy Conservation and a
detailed description of the use of that money for each activity and
program;
(d) An analysis of the coordination between the Task Force and
other officers and agencies; and
(e) Any changes planned for each activity and program.
3. As used in this section, “distributed generation system” means
a facility or system for the generation of electricity that is in close
proximity to the place where the electricity is consumed.
(Added to NRS by 2001, 3261 ; A 2003, 1873 )
