Nevada Electrical Licensing Law

Nevada Code · 457 sections

The following is the full text of Nevada’s electrical licensing law statutes as published in the Nevada Code. For the official version, see the Nevada Legislature.

NRS 1.095

NRS

1.095

Lactation room in courthouse; requirements.

1. Except as otherwise provided in this section, each courthouse must contain a lactation room that members of the public may use to express breast milk.

2. The requirements of subsection 1 do not apply to a courthouse if the person who is responsible for the operation of the courthouse determines that:

(a) The courthouse does not contain a lactation room for employees;

(b) The courthouse does not have:

(1) A room that could be repurposed as a lactation room; or

(2) A space that could be made private at a reasonable cost using portable materials; or

(c) New construction would be required to create the lactation room and the cost of such construction is unfeasible.

1. Nothing in this section shall be construed to authorize a person to enter a courthouse if the person is not authorized to enter the courthouse.

2. As used in this section:

(a) “Courthouse” means any building or campus which houses one or more courts.

(b) “Lactation room” means a hygienic place, other than a bathroom, that:

(1) Is shielded from the view of others;

(2) Is free from intrusion by others; and

(3) Contains:

(I) A chair;

(II) A working surface; and

(III) An electrical outlet.

(Added to NRS by 2021, 3262 )

NRS 100.095

NRS

100.095

Definitions.

As used in NRS 100.095 to 100.180 , inclusive:

1. “Closed-end vehicle lease” means a vehicle lease, other than an open-end vehicle lease, commonly referred to as a walk-away lease, in which the lessee is not responsible for the residual value of the leased vehicle at the end of the term of the lease.

2. “Commercial vehicle lease” means a bailment or lease of a single vehicle by a person for a period of more than 4 months for a total contractual obligation not exceeding $25,000, primarily for business or commercial purposes, whether or not the lessee has the option to purchase or otherwise become the owner of the vehicle at the termination or expiration of the lease. The term includes a bailment or lease where the lessee becomes or may become owner of the vehicle by payment to the lessor of an amount which is substantially equal to the residual value or the unamortized capitalized cost, if the payment is not nominal. The term does not include a bailment or lease where the lessee contracts to pay as compensation for use of the vehicle a sum substantially equivalent to or in excess of the capitalized cost of the vehicle and it is agreed that the lessee may become the owner for no other consideration or for a nominal consideration.

3. “Consumer vehicle lease” means a contract in the form of a bailment or lease of a single vehicle by a person for a period of more than 4 months, primarily for personal, family or household purposes, whether or not the lessee has the option to purchase or otherwise become the owner of the vehicle at the expiration of the lease. The term includes:

(a) A closed-end vehicle lease;

(b) An open-end vehicle lease; and

(c) A bailment or lease entered into primarily for personal, family or household purposes where the lessee becomes or may become owner of the vehicle by payment to the lessor of an amount which is substantially equal to the residual value or the unamortized capitalized cost, if the payment is not nominal.

1. “Dealer” has the meaning ascribed to it in NRS 482.020 .

2. “Open-end vehicle lease” means a vehicle lease where the lessee’s obligation upon termination or expiration of the lease is based on the difference between the residual value of the leased vehicle and its realized value.

3. “Person” includes any governmental entity.

4. “Vehicle” means every device in, upon or by which any person or property is or may be transported upon a public highway, except devices:

(a) Moved by human power;

(b) Used exclusively upon stationary rails or tracks; or

(c) Having a gross vehicle weight of more than 10,000 pounds, exclusive of the weight of any slide-in camper as defined in NRS 482.113 which may be on it.

Ê The term does not include electric personal assistive mobility devices as defined in NRS 482.029 .

(Added to NRS by 1979, 1259 ; A 2003, 1206 ; 2021, 1429 )

Commercial Vehicle Leases

NRS 104.1201

NRS

104.1201

General definitions.

1. Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other Articles of the Uniform Commercial Code that apply to particular Articles or parts thereof, have the meanings stated.

2. Subject to definitions contained in other Articles of the Uniform Commercial Code that apply to particular Articles or parts thereof:

(a) “Action,” in the sense of a judicial proceeding, includes recoupment, counterclaim, set off, suit in equity and any other proceeding in which rights are determined.

(b) “Aggrieved party” means a party entitled to pursue a remedy.

(c) “Agreement,” as distinguished from “contract,” means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in NRS 104.1303 .

(d) “Bank” means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union and trust company.

(e) “Bearer” means a person in control of a negotiable electronic document of title or a person in possession of a negotiable instrument, negotiable tangible document of title or certificated security that is payable to bearer or endorsed in blank.

(f) “Bill of lading” means a document of title evidencing the receipt of goods for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods. The term does not include a warehouse receipt.

(g) “Branch” includes a separately incorporated foreign branch of a bank.

(h) “Burden of establishing” a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence.

(i) “Buyer in ordinary course of business” means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller’s own usual or customary practices. A person that sells oil, gas or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 may be a buyer in ordinary course of business. “Buyer in ordinary course of business” does not include a person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

(j) “Conspicuous,” with reference to a term, means so written, displayed or presented that, based on the totality of the circumstances, a reasonable person against which it is to operate ought to have noticed it. Whether a term is “conspicuous” or not is a decision for the court.

(k) “Consumer” means a natural person who enters into a transaction primarily for personal, family or household purposes.

(l) “Contract,” as distinguished from “agreement,” means the total legal obligation that results from the parties’ agreement as determined by the Uniform Commercial Code as supplemented by any other applicable laws.

(m) “Creditor” includes a general creditor, a secured creditor, a lien creditor and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor’s or assignor’s estate.

(n) “Defendant” includes a person in the position of defendant in a counterclaim, cross-claim or third-party claim.

(o) “Delivery,” with respect to an electronic document of title, means voluntary transfer of control and, with respect to an instrument, a tangible document of title or an authoritative tangible copy of a record evidencing chattel paper, means voluntary transfer of possession.

(p) “Document of title” means a record:

(1) That in the regular course of business or financing is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, control, hold and dispose of the record and the goods the record covers; and

(2) That purports to be issued by or addressed to a bailee and to cover goods in the bailee’s possession which are either identified or are fungible portions of an identified mass.

Ê The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt and order for delivery of goods. An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium.

(q) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

(r) “Fault” means a default, breach or wrongful act or omission.

(s) “Fungible goods” means:

(1) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit; or

(2) Goods that by agreement are treated as equivalent.

(t) “Genuine” means free of forgery or counterfeiting.

(u) “Good faith,” except as otherwise provided in Article 5, means honesty in fact and the observance of reasonable commercial standards of fair dealing.

(v) “Holder” means:

(1) The person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession;

(2) The person in possession of a negotiable tangible document of title if the goods are deliverable either to bearer or to the order of the person in possession; or

(3) The person in control, other than pursuant to subsection 7 of NRS 104.7106 , of a negotiable electronic document of title.

(w) “Insolvency proceeding” includes an assignment for the benefit of creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved.

(x) “Insolvent” means:

(1) Having generally ceased to pay debts in the ordinary course of business other than as a result of bona fide dispute;

(2) Being unable to pay debts as they become due; or

(3) Being insolvent within the meaning of federal bankruptcy law.

(y) “Money” means a medium of exchange that is currently authorized or adopted by a domestic or foreign government and is not a central bank digital currency. The term includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more countries. As used in this paragraph, “central bank digital currency”:

(1) Means a digital currency, a digital medium of exchange or a digital monetary unit of account issued by the United States Federal Reserve System, a federal agency, a foreign government, a foreign central bank or a foreign reserve system that is made directly available to a consumer by such entities; and

(2) Includes a digital currency, a digital medium of exchange or a digital monetary unit of account issued by the United States Federal Reserve System, a federal agency, a foreign government, a foreign central bank or a foreign reserve system that is processed or validated directly by such entities.

(z) “Organization” means a person other than a natural person.

(aa) “Party,” as distinguished from “third party,” means a person that has engaged in a transaction or made an agreement subject to the Uniform Commercial Code.

(bb) “Person” means a natural person, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity. The term includes a protected series, however denominated, of an entity if the protected series is established under law other than the Uniform Commercial Code that limits, or limits if conditions specified under the law are satisfied, the ability of a creditor of the entity or of any other protected series of the entity to satisfy a claim from assets of the protected series.

(cc) “Present value” means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into.

(dd) “Purchase” means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift or any other voluntary transaction creating an interest in property.

(ee) “Purchaser” means a person that takes by purchase.

(ff) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(gg) “Remedy” means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

(hh) “Representative” means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor or administrator of an estate.

(ii) “Right” includes remedy.

(jj) “Security interest” means an interest in personal property or fixtures which secures payment or performance of an obligation. “Security interest” includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible or a promissory note in a transaction that is subject to Article 9. “Security interest” does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under NRS 104.2401 , but a buyer may also acquire a “security interest” by complying with Article 9. Except as otherwise provided in NRS 104.2505 , the right of a seller or lessor of goods under Article 2 or 2A to retain or acquire possession of the goods is not a “security interest,” but a seller or lessor may also acquire a “security interest” by complying with Article 9. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under NRS 104.2401 is limited in effect to a reservation of a “security interest.” Whether a transaction in the form of a lease creates a “security interest” is determined pursuant to NRS 104.1203 .

(kk) “Send,” in connection with a record or notification, means:

(1) To deposit in the mail, deliver for transmission or transmit by any other usual means of communication, with postage or cost of transmission provided for and addressed to any address reasonable under the circumstances; or

(2) To cause the record or notification to be received within the time it would have been received if properly sent under subparagraph (1).

(ll) “Sign” means, with present intent to authenticate or adopt a record:

(1) Execute or adopt a tangible symbol; or

(2) Attach to or logically associate with the record an electronic symbol, sound or process.

Ê “Signed,” “signing” and “signature” have corresponding meanings.

(mm) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(nn) “Surety” includes a guarantor or other secondary obligor.

(oo) “Term” means a portion of an agreement that relates to a particular matter.

(pp) “Unauthorized signature” means a signature made without actual, implied or apparent authority. The term includes a forgery.

(qq) “Warehouse receipt” means a document of title issued by a person engaged in the business of storing goods for hire.

(rr) “Writing” includes printing, typewriting or any other intentional reduction to tangible form. “Written” has a corresponding meaning.

(Added to NRS by 2005, 825 ; A 2023, 3176 )

NRS 104.9102

NRS

104.9102

Definitions and index of definitions.

1. In this Article:

(a) “Accession” means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.

(b) “Account,” except as used in “account for,” “account statement,” “account to,” “commodity account” in paragraph (o), “customer’s account,” “deposit account” in paragraph (ff), “on account of” and “statement of account” means a right to payment of a monetary obligation, whether or not earned by performance, for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of; for services rendered or to be rendered; for a policy of insurance issued or to be issued; for a secondary obligation incurred or to be incurred; for energy provided or to be provided; for the use or hire of a vessel under a charter or other contract; arising out of the use of a credit or charge card or information contained on or for use with the card; or as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes controllable accounts and health-care-insurance receivables. The term does not include chattel paper; commercial tort claims; deposit accounts; investment property; letter-of-credit rights or letters of credit; rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card; or rights to payment evidenced by an instrument.

(c) “Account debtor” means a person obligated on an account, chattel paper or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the negotiable instrument evidences chattel paper.

(d) “Accounting,” except as used in “accounting for,” means a record:

(1) Signed by a secured party;

(2) Indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record; and

(3) Identifying the components of the obligations in reasonable detail.

(e) “Agricultural lien” means an interest, other than a security interest, in farm products:

(1) Which secures payment or performance of an obligation for:

(I) Goods or services furnished in connection with a debtor’s farming operation; or

(II) Rent on real property leased by a debtor in connection with its farming operation;

(2) Which is created by statute in favor of a person that:

(I) In the ordinary course of its business furnished goods or services to a debtor in connection with his or her farming operation; or

(II) Leased real property to a debtor in connection with his or her farming operation; and

(3) Whose effectiveness does not depend on the person’s possession of the personal property.

(f) “As-extracted collateral” means:

(1) Oil, gas or other minerals that are subject to a security interest that:

(I) Is created by a debtor having an interest in the minerals before extraction; and

(II) Attaches to the minerals as extracted; or

(2) Accounts arising out of the sale at the wellhead or minehead of oil, gas or other minerals in which the debtor had an interest before extraction.

(g) “Assignee,” except as used in “assignee for benefit of creditors,” means a person:

(1) In whose favor a security interest that secures an obligation is created or provided for under a security agreement, whether or not the obligation is outstanding; or

(2) To which an account, chattel paper, payment intangible or promissory note has been sold.

Ê The term includes a person to which a security interest has been transferred by a secured party.

(h) “Assignor” means a person that:

(1) Under a security agreement creates or provides for a security interest that secures an obligation; or

(2) Sells an account, chattel paper, payment intangible or promissory note.

Ê The term includes a secured party that has transferred a security interest to another person.

(i) “Bank” means an organization that is engaged in the business of banking. The term includes savings banks, savings and loan associations, credit unions and trust companies.

(j) “Cash proceeds” means proceeds that are money, checks, deposit accounts or the like.

(k) “Certificate of title” means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. The term includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral.

(l) “Chattel paper” means:

(1) A right to payment of a monetary obligation secured by specific goods, if the right to payment and security agreement are evidenced by a record; or

(2) A right to payment of a monetary obligation owed by a lessee under a lease agreement with respect to specific goods and a monetary obligation owed by the lessee in connection with the transaction giving rise to the lease, if:

(I) The right to payment and lease agreement are evidenced by a record; and

(II) The predominant purpose of the transaction giving rise to the lease was to give the lessee the right to possession and use of the goods.

Ê The term does not include a right to payment arising out of a charter or other contract involving the use or hire of a vessel or a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.

(m) “Collateral” means the property subject to a security interest or agricultural lien. The term includes:

(1) Proceeds to which a security interest attaches;

(2) Accounts, chattel paper, payment intangibles and promissory notes that have been sold; and

(3) Goods that are the subject of a consignment.

(n) “Commercial tort claim” means a claim arising in tort with respect to which:

(1) The claimant is an organization; or

(2) The claimant is a natural person and the claim:

(I) Arose in the course of the claimant’s business or profession; and

(II) Does not include damages arising out of personal injury to or the death of a natural person.

(o) “Commodity account” means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer.

(p) “Commodity contract” means a commodity futures contract, an option on a commodity futures contract, a commodity option or another contract if the contract or option is:

(1) Traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or

(2) Traded on a foreign commodity board of trade, exchange or market, and is carried on the books of a commodity intermediary for a commodity customer.

(q) “Commodity customer” means a person for which a commodity intermediary carries a commodity contract on its books.

(r) “Commodity intermediary” means a person that:

(1) Is registered as a futures commission merchant under federal commodities law; or

(2) In the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law.

(s) “Communicate” means:

(1) To send a written or other tangible record;

(2) To transmit a record by any means agreed upon by the persons sending and receiving the record; or

(3) In the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by filing-office rule.

(t) “Consignee” means a merchant to which goods are delivered in a consignment.

(u) “Consignment” means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:

(1) The merchant:

(I) Deals in goods of that kind under a name other than the name of the person making delivery;

(II) Is not an auctioneer; and

(III) Is not generally known by its creditors to be substantially engaged in selling the goods of others;

(2) With respect to each delivery, the aggregate value of the goods is $1,000 or more at the time of delivery;

(3) The goods are not consumer goods immediately before delivery; and

(4) The transaction does not create a security interest that secures an obligation.

(v) “Consignor” means a person that delivers goods to a consignee in a consignment.

(w) “Consumer debtor” means a debtor in a consumer transaction.

(x) “Consumer goods” means goods that are used or bought for use primarily for personal, family or household purposes.

(y) “Consumer-goods transaction” means a consumer transaction to the extent that:

(1) A natural person incurs an obligation primarily for personal, family or household purposes; and

(2) A security interest in consumer goods or in consumer goods and software that is held or acquired primarily for personal, family or household purposes secures the obligation.

(z) “Consumer obligor” means an obligor who is a natural person and who incurred the obligation as part of a transaction entered into primarily for personal, family or household purposes.

(aa) “Consumer transaction” means a transaction to the extent that a natural person incurs an obligation primarily for personal, family or household purposes; a security interest secures the obligation; and the collateral is held or acquired primarily for personal, family or household purposes. The term includes consumer-goods transactions.

(bb) “Continuation statement” means a change of a financing statement which:

(1) Identifies, by its file number, the initial financing statement to which it relates; and

(2) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement.

(cc) “Controllable account” means an account evidenced by a controllable electronic record that provides that the account debtor undertakes to pay the person that has control under NRS 104B.12105 of the controllable electronic record.

(dd) “Controllable payment intangible” means a payment intangible evidenced by a controllable electronic record that provides that the account debtor undertakes to pay the person that has control under NRS 104B.12105 of the controllable electronic record.

(ee) “Debtor” means:

(1) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;

(2) A seller of accounts, chattel paper,

payment intangibles or promissory notes; or

(3) A consignee.

(ff) “Deposit account” means a demand, time, savings, passbook or similar account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument.

(gg) “Document” means a document of title or a receipt of the type described in subsection 2 of NRS 104.7201 .

(hh) “Encumbrance” means a right, other than an ownership interest, in real property. The term includes mortgages and other liens on real property.

(ii) “Equipment” means goods other than inventory, farm products or consumer goods.

(jj) “Farm products” means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are:

(1) Crops grown, growing or to be grown, including:

(I) Crops produced on trees, vines and bushes; and

(II) Aquatic goods produced in aquacultural operations;

(2) Livestock, born or unborn, including aquatic goods produced in aquacultural operations;

(3) Supplies used or produced in a farming operation; or

(4) Products of crops or livestock in their unmanufactured states.

(kk) “Farming operation” means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.

(ll) “File number” means the number assigned to an initial financing statement pursuant to subsection 1 of NRS 104.9519 .

(mm) “Filing office” means an office designated in NRS 104.9501 as the place to file a financing statement.

(nn) “Filing-office rule” means a rule adopted pursuant to NRS 104.9526 .

(oo) “Financing statement” means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement.

(pp) “Fixture filing” means the filing of a financing statement covering goods that are or are to become fixtures and satisfying subsections 1 and 2 of NRS 104.9502 . The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.

(qq) “Fixtures” means goods that have become so related to particular real property that an interest in them arises under real property law.

(rr) “General intangible” means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas or other minerals before extraction. The term includes controllable electronic records, payment intangibles and software.

(ss) “Goods” means all things that are movable when a security interest attaches. The term includes fixtures; standing timber that is to be cut and removed under a conveyance or contract for sale; the unborn young of animals; crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes; and manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if the program is associated with the goods in such a manner that it customarily is considered part of the goods, or by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas or other minerals before extraction.

(tt) “Governmental unit” means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, a state, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.

(uu) “Health-care-insurance receivable” means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health-care goods or services provided.

(vv) “Instrument” means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary endorsement or assignment. The term does not include investment property, letters of credit, writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card or writings that evidence chattel paper.

(ww) “Inventory” means goods, other than farm products, which:

(1) Are leased by a person as lessor;

(2) Are held by a person for sale or lease or to be furnished under a contract of service;

(3) Are furnished by a person under a contract of service; or

(4) Consist of raw materials, work in process, or materials used or consumed in a business.

(xx) “Investment property” means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account.

(yy) “Jurisdiction of organization,” with respect to a registered organization, means the jurisdiction under whose law the organization is formed or organized.

(zz) “Letter-of-credit right” means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit.

(aaa) “Lien creditor” means:

(1) A creditor that has acquired a lien on the property involved by attachment, levy or the like;

(2) An assignee for benefit of creditors from the time of assignment;

(3) A trustee in bankruptcy from the date of the filing of the petition; or

(4) A receiver in equity from the time of appointment.

(bbb) “Manufactured home” means a structure, transportable in one or more sections, which in the traveling mode, is 8 feet or more in body width or 40 feet or more in body length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.

(ccc) “Manufactured-home transaction” means a secured transaction:

(1) That creates a purchase-money security interest in a manufactured home, other than a manufactured home held as inventory; or

(2) In which a manufactured home, other than a manufactured home held as inventory, is the primary collateral.

(ddd) “Money” has the meaning ascribed to it in paragraph (y) of subsection 2 of NRS 104.1201 , but does not include a deposit account.

(eee) “Mortgage” means a consensual interest in real property, including fixtures, which is created by a mortgage, deed of trust, or similar transaction.

(fff) “New debtor” means a person that becomes bound as debtor under subsection 4 of NRS 104.9203 by a security agreement previously entered into by another person.

(ggg) “New value” means money; money’s worth in property, services or new credit; or release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.

(hhh) “Noncash proceeds” means proceeds other than cash proceeds.

(iii) “Obligor” means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, owes payment or other performance of the obligation, has provided property other than the collateral to secure payment or other performance of the obligation, or is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include an issuer or a nominated person under a letter of credit.

(jjj) “Original debtor” means, except as used in subsection 3 of NRS 104.9310 , a person that, as debtor, entered into a security agreement to which a new debtor has become bound under subsection 4 of NRS 104.9203 .

(kkk) “Payment intangible” means a general intangible under which the account debtor’s principal obligation is a monetary obligation. The term includes a controllable payment intangible.

(lll) “Person related to,” with respect to a natural person, means:

(1) The person’s spouse;

(2) The person’s brother, brother-in-law, sister or sister-in-law;

(3) The person’s or the person’s spouse’s ancestor or lineal descendant; or

(4) Any other relative, by blood or marriage, of the person or the person’s spouse who shares the same home with him or her.

(mmm) “Person related to,” with respect to an organization, means:

(1) A person directly or indirectly controlling, controlled by or under common control with the organization;

(2) An officer or director of, or a person performing similar functions with respect to, the organization;

(3) An officer or director of, or a person performing similar functions with respect to, a person described in subparagraph (1);

(4) The spouse of a natural person described in subparagraph (1), (2) or (3); or

(5) A person who is related by blood or marriage to a person described in subparagraph (1), (2), (3) or (4) and shares the same home with that person.

(nnn) “Proceeds” means, except as used in subsection 2 of NRS 104.9609 , the following property:

(1) Whatever is acquired upon the sale, lease, license, exchange or other disposition of collateral;

(2) Whatever is collected on, or distributed on account of, collateral;

(3) Rights arising out of collateral;

(4) To the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral; and

(5) To the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.

(ooo) “Promissory note” means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.

(ppp) “Proposal” means a record signed by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to NRS 104.9620 , 104.9621 and 104.9622 .

(qqq) “Public-finance transaction” means a secured transaction in connection with which:

(1) Debt securities are issued;

(2) All or a portion of the securities issued have an initial stated maturity of at least 20 years; and

(3) The debtor, the obligor, the secured party, the account debtor or other person obligated on collateral, the assignor or assignee of a secured obligation, or the assignor or assignee of a security interest is a state or a governmental unit of a state.

(rrr) “Public organic record” means a record that is available to the public for inspection and is:

(1) A record consisting of the record

initially filed with or issued by a state or the United States to form or organize an organization and any record filed with or issued by the state or the United States which amends or restates the initial record;

(2) An organic record of a business trust consisting of the record initially filed with a state and any record filed with the state which amends or restates the initial record, if a statute of the state governing business trusts requires that the record be filed with the state; or

(3) A record consisting of legislation enacted by the legislature of a state or the Congress of the United States which forms or organizes an organization, any record amending the legislation and any record filed with or issued by the state or the United States which amends or restates the name of the organization.

(sss) “Pursuant to commitment,” with respect to an advance made or other value given by a secured party, means pursuant to the secured party’s obligation, whether or not a subsequent event of default or other event not within the secured party’s control has relieved or may relieve the secured party from its obligation.

(ttt) “Record,” except as used in “for record,” “of record,” “record or legal title,” and “record owner,” means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

(uuu) “Registered organization” means an organization formed or organized solely under the law of a single state or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the state or the United States. The term includes a business trust that is formed or organized under the law of a single state if a statute of the state governing business trusts requires that the business trust’s organic record be filed with the state.

(vvv) “Secondary obligor” means an obligor to the extent that:

(1) The obligor’s obligation is secondary; or

(2) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor or property of either.

(www) “Secured party” means:

(1) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;

(2) A person that holds an agricultural lien;

(3) A consignor;

(4) A person to which accounts, chattel paper, payment intangibles or promissory notes have been sold;

(5) A trustee, indenture trustee, agent, collateral agent or other representative in whose favor a security interest or agricultural lien is created or provided for; or

(6) A person that holds a security interest arising under NRS 104.2401 , 104.2505 , subsection 3 of NRS 104.2711 , NRS 104.4210 , 104.5118 or subsection 5 of NRS 104A.2508 .

(xxx) “Security agreement” means an agreement that creates or provides for a security interest.

(yyy) “Software” means a computer program and any supporting information provided in connection with a transaction relating to the program. The term does not include a computer program that is contained in goods unless the goods are a computer or computer peripheral.

(zzz) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(aaaa) “Supporting obligation” means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, document, general intangible, instrument or investment property.

(bbbb) “Termination statement” means a subsequent filing which:

(1) Identifies, by its file number, the initial financing statement to which it relates; and

(2) Indicates either that it is a termination statement or that the identified financing statement is no longer effective.

(cccc) “Transmitting utility” means a person primarily engaged in the business of:

(1) Operating a railroad, subway, street railway or trolley bus;

(2) Transmitting communications electrically, electromagnetically or by light;

(3) Transmitting goods by pipeline;

(4) Providing sewerage; or

(5) Transmitting or producing and transmitting electricity, steam, gas or water.

1. “Control” as provided in NRS 104.7106 and the following definitions in other Articles apply to this Article:

“Applicant.” NRS 104.5102 .

“Beneficiary.” NRS 104.5102 .

“Broker.” NRS 104.8102 .

“Certificated security.” NRS 104.8102 .

“Check.” NRS 104.3104 .

“Clearing corporation.” NRS 104.8102 .

“Contract for sale.” NRS 104.2106 .

“Controllable electronic record.” NRS 104B.12102 .

“Customer.” NRS 104.4104 .

“Entitlement holder.” NRS 104.8102 .

“Financial asset.” NRS 104.8102 .

“Holder in due course.” NRS 104.3302 .

“Issuer” (with respect to a letter of credit or letter-of-credit right). NRS 104.5102 .

“Issuer” (with respect to a security). NRS 104.8201 .

“Issuer” (with respect to documents of title). NRS 104.7102 .

“Lease.” NRS 104A.2103 .

“Lease agreement.” NRS 104A.2103 .

“Lease contract.” NRS 104A.2103 .

“Leasehold interest.” NRS 104A.2103 .

“Lessee.” NRS 104A.2103 .

“Lessee in ordinary course of business.” NRS 104A.2103 .

“Lessor.” NRS 104A.2103 .

“Lessor’s residual interest.” NRS 104A.2103 .

“Letter of credit.” NRS 104.5102 .

“Merchant.” NRS 104.2104 .

“Negotiable instrument.” NRS 104.3104 .

“Nominated person.” NRS 104.5102 .

“Note.” NRS 104.3104 .

“Proceeds of a letter of credit.” NRS 104.5114 .

“Protected purchaser.” NRS 104.8303 .

“Prove.” NRS 104.3103 .

“Qualifying purchaser.” NRS 104B.12102 .

“Sale.” NRS 104.2106 .

“Securities account.” NRS 104.8501 .

“Securities intermediary.” NRS 104.8102 .

“Security.” NRS 104.8102 .

“Security certificate.” NRS 104.8102 .

“Security entitlement.” NRS 104.8102 .

“Uncertificated security.” NRS 104.8102 .

1. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.

(Added to NRS by 1999, 281 ; A 2001, 710 ; 2005, 860 ; 2011, 608 ; 2023, 3193 )

NRS 111.2397

NRS

111.2397

Prohibition on entering into or recording certain service agreements.

1. A service provider shall not enter into or record a service agreement with an owner of residential property that provides for performance of the service agreement more than 1 year from the date of execution of the service agreement if the service agreement:

(a) Purports to run with the land or bind future owners of interests in the residential property;

(b) Allows for the assignment of the right to provide service without requiring notice to and agreement of the owner of the residential property; or

(c) Purports to create a security interest in the residential property, including, without limitation, a lien or encumbrance.

1. The provisions of this section do not apply to:

(a) A home warranty or similar product that covers the cost of maintenance of a major housing system, including, without limitation, a plumbing or electrical system, for a set period of time;

(b) An insurance contract;

(c) An option to purchase or right of refusal;

(d) A maintenance or repair agreement entered into by a homeowners’ association in a common-interest community;

(e) A mechanic’s lien;

(f) A mortgage loan or a commitment to make or receive a mortgage loan;

(g) A security agreement relating to the sale or rental of personal property or fixtures;

(h) Any utility service provided by a public utility, including, without limitation, water, sewer, electrical, telephone or cable; or

(i) A declaration created in the formation of a common-interest community or an amendment thereto.

1. A service agreement prohibited pursuant to this section that is recorded on or after June 15, 2023, is void and unenforceable. A county recorder may refuse to record any written instrument that contains a service agreement that is prohibited pursuant to this section. A person who submits a written instrument for recordation to the county recorder that contains such a service agreement is guilty of a misdemeanor.

2. The recording of a service agreement prohibited pursuant to this section does not provide actual or constructive notice to a bona fide purchaser or creditor of residential property.

3. A violation of subsection 1 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999 , inclusive. Any person with an interest in a residential property for which a service agreement prohibited pursuant to this section is recorded may bring a civil action in any court of competent jurisdiction for such a violation. If a person brings such an action, the court may award the person:

(a) Any equitable relief that the court deems appropriate;

(b) Actual damages; and

(c) Actual costs and attorney’s fees.

1. On or before July 31, 2023, a service provider that has entered into a service agreement on or before June 15, 2023, shall record a notice of service agreement with the county recorder of the county in which the real property that is the subject of the service agreement is located, which must include, without limitation:

(a) The title “Notice of Service Agreement” in not less than 14-point boldface type;

(b) A legal description of the real property;

(c) The amount of the fee provided in the service agreement or the method by which the fee must be calculated;

(d) The date or circumstances under which the obligation set forth in the service agreement expires;

(e) The name, address and telephone number of the service provider; and

(f) If the service provider is:

(1) A natural person, the notarized signature of the service provider; or

(2) A business entity, the notarized signature of an authorized officer or employee of the business entity.

1. If a service provider fails to record the notice required pursuant to subsection 6 on or before July 31, 2023, the service agreement is hereby declared void and unenforceable and any interest in the real property that is subject to the service agreement may be conveyed free and clear of the service agreement.

2. As used in this section:

(a) “Residential property” means any land in this State which is primarily used for personal, family or household purposes to which is affixed not less than one nor more than four dwelling units.

(b) “Service agreement” means a contract under which a person agrees to provide services in connection with the maintenance, purchase or sale of residential property.

(c) “Service provider” means a person who provides services to another party.

(Added to NRS by 2023, 3478 )

ACKNOWLEDGMENT OF INSTRUMENTS

NRS 113.120

NRS

113.120

Regulations prescribing format and contents of form for disclosing condition of property.

The Real Estate Division of the Department of Business and Industry shall adopt regulations prescribing the format and contents of a form for disclosing the condition of residential property offered for sale. The regulations must ensure that the form:

1. Provides for an evaluation of the condition of any electrical, heating, cooling, plumbing and sewer systems on the property, and of the condition of any other aspects of the property which affect its use or value, and allows the seller of the property to indicate whether or not each of those systems and other aspects of the property has a defect of which the seller is aware.

2. Provides notice:

(a) Of the provisions of NRS 113.140 and subsection 5 of NRS 113.150 .

(b) That the disclosures set forth in the form are made by the seller and not by the seller’s agent.

(c) That the seller’s agent, and the agent of the purchaser or potential purchaser of the residential property, may reveal the completed form and its contents to any purchaser or potential purchaser of the residential property.

(Added to NRS by 1995, 842 )

NRS 116.3102

NRS

116.3102

Powers of unit-owners’ association; limitations.

1. Except as otherwise provided in this chapter, and subject to the provisions of the declaration, the association:

(a) Shall adopt and, except as otherwise provided in the bylaws, may amend bylaws and may adopt and amend rules and regulations.

(b) Shall adopt and may amend budgets in accordance with the requirements set forth in NRS 116.31151 , may collect assessments for common expenses from the units’ owners and may invest funds of the association in accordance with the requirements set forth in NRS 116.311395 .

(c) May hire and discharge managing agents and other employees, agents and independent contractors.

(d) May institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or two or more units’ owners on matters affecting the common-interest community. The association may not institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or units’ owners with respect to an action for a constructional defect pursuant to NRS 40.600 to 40.695 , inclusive, unless the action pertains to:

(1) Common elements;

(2) Any portion of the common-interest community that the association owns; or

(3) Any portion of the common-interest community that the association does not own but has an obligation to maintain, repair, insure or replace because the governing documents of the association expressly make such an obligation the responsibility of the association.

(e) May make contracts and incur liabilities. Any contract between the association and a private entity for the furnishing of goods or services must not include a provision granting the private entity the right of first refusal with respect to extension or renewal of the contract.

(f) May regulate the use, maintenance, repair, replacement and modification of common elements.

(g) May cause additional improvements to be made as a part of the common elements.

(h) May acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:

(1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to NRS 116.3112 ; and

(2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112 .

(i) May grant easements, leases, licenses and concessions through or over the common elements.

(j) May impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102 , and for services provided to the units’ owners, including, without limitation, any services provided pursuant to NRS 116.310312 .

(k) May impose charges for late payment of assessments pursuant to NRS 116.3115 .

(l) May impose construction penalties when authorized pursuant to NRS 116.310305 .

(m) May impose reasonable fines for violations of the governing documents of the association only if the association complies with the requirements set forth in NRS 116.31031 .

(n) May impose reasonable charges for the preparation and recordation of any amendments to the declaration or any statements of unpaid assessments, and impose reasonable fees, not to exceed the amounts authorized by NRS 116.4109 , for preparing and furnishing the documents and certificate required by that section.

(o) May impose a reasonable fee for opening or closing any file for each unit. Such a fee:

(1) Must be based on the actual cost the association incurs to open or close any file.

(2) Must not exceed $350. Beginning on January 1, 2022, the monetary amount in this subparagraph must be adjusted for each calendar year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) published by the United States Department of Labor from December 2020 to the December preceding the calendar year for which the adjustment is calculated, but must not increase by more than 3 percent each year.

(3) Must not be charged to both the seller and the purchaser of a unit.

(4) Except as otherwise provided in this subparagraph and subject to the limitation set forth in subparagraph (2), may increase, on an annual basis, by a percentage equal to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. The fee must not increase by more than 3 percent each year.

(p) May provide for the indemnification of its officers and executive board and maintain directors and officers liability insurance.

(q) May assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides.

(r) May exercise any other powers conferred by the declaration or bylaws.

(s) May exercise all other powers that may be exercised in this State by legal entities of the same type as the association.

(t) Except as otherwise provided in this paragraph, may direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038 , or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents. An association may not direct the removal of a vehicle parked on property owned or leased by the association solely because the registration of the vehicle is expired. In addition to complying with the requirements of NRS 487.038 and any requirements in the governing documents, if a vehicle is improperly parked as described in this paragraph, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:

(1) Is blocking a fire hydrant, fire lane or parking space designated for the handicapped; or

(2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.

(u) May exercise any other powers necessary and proper for the governance and operation of the association.

1. The declaration may not limit the power of the association to deal with the declarant if the limit is more restrictive than the limit imposed on the power of the association to deal with other persons.

2. The executive board may determine whether to take enforcement action by exercising the association’s power to impose sanctions or commence an action for a violation of the declaration, bylaws or rules, including whether to compromise any claim for unpaid assessments or other claim made by or against it. The executive board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:

(a) The association’s legal position does not justify taking any or further enforcement action;

(b) The covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with current law;

(c) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources; or

(d) It is not in the association’s best interests to pursue an enforcement action.

1. The executive board’s decision under subsection 3 not to pursue enforcement under one set of circumstances does not prevent the executive board from taking enforcement action under another set of circumstances, but the executive board may not be arbitrary or capricious in taking enforcement action.

2. Notwithstanding any provision of this chapter or the governing documents to the contrary, an association may not impose any assessment pursuant to this chapter or the governing documents on the owner of any property in the common-interest community that is exempt from taxation pursuant to NRS 361.125 . For the purposes of this subsection, “assessment” does not include any charge for any utility services, including, without limitation, telecommunications, broadband communications, cable television, electricity, natural gas, sewer services, garbage collection, water or for any other service which is delivered to and used or consumed directly by the property in the common-interest community that is exempt from taxation pursuant to NRS 361.125 .

3. In providing any service or performing any act set forth in paragraph (n) or (o) of subsection 1, an association, or entity related to or acting on behalf of an association, shall not impose on a unit’s owner, the authorized agent of a unit’s owner, a purchaser or, pursuant to subsection 7 of NRS 116.4109 , the holder of a security interest on a unit, a fee:

(a) Not authorized in paragraph (n) or (o), as applicable, of subsection 1; or

(b) In an amount which exceeds any limitation provided or set forth in paragraph (n) or (o), as applicable, of subsection 1.

(Added to NRS by 1991, 556 ; A 1999, 3000 ; 2003, 2227 , 2267 ;

2005, 2590 ; 2009, 1009 , 2796 ,

2879 ,

2911 ;

2011, 2427 ; 2015, 18 ; 2019, 851 , 2263 ;

2021, 1400 , 1436 )

NRS 116.350

NRS

116.350

Limitations regarding regulation of certain roads, streets, alleys or other thoroughfares; permissible regulation of parking or storage of certain vehicles.

1. In a common-interest community which is not gated or enclosed and the access to which is not restricted or controlled by a person or device, the executive board shall not and the governing documents must not provide for the regulation of any road, street, alley or other thoroughfare the right-of-way of which is accepted by the State or a local government for dedication as a road, street, alley or other thoroughfare for public use.

2. Except as otherwise provided in subsection 3, the provisions of subsection 1 do not preclude an association from adopting, and do not preclude the governing documents of an association from setting forth, rules that reasonably restrict the parking or storage of recreational vehicles, watercraft, trailers or commercial vehicles in the common-interest community to the extent authorized by law. The governing documents of an association may authorize the executive board of the association to impose a fine pursuant to NRS 116.31031 for any violation of the rules authorized pursuant to this subsection.

3. In any common-interest community, the executive board shall not and the governing documents must not prohibit a person from:

(a) Parking a utility service vehicle that has a gross vehicle weight rating of 20,000 pounds or less:

(1) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of the unit of a subscriber or consumer, while the person is engaged in any activity relating to the delivery of public utility services to subscribers or consumers; or

(2) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of his or her unit, if the person is:

(I) A unit’s owner or a tenant of a unit’s owner; and

(II) Bringing the vehicle to his or her unit pursuant to his or her employment with the entity which owns the vehicle for the purpose of responding to emergency requests for public utility services; or

(b) Parking a law enforcement vehicle or emergency services vehicle:

(1) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of the unit of a person to whom law enforcement or emergency services are being provided, while the person is engaged in his or her official duties; or

(2) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of his or her unit, if the person is:

(I) A unit’s owner or a tenant of a unit’s owner; and

(II) Bringing the vehicle to his or her unit pursuant to his or her employment with the entity which owns the vehicle for the purpose of responding to requests for law enforcement services or emergency services.

1. An association may require that a person parking a utility service vehicle, law enforcement vehicle or emergency services vehicle as set forth in subsection 3 provide written confirmation from his or her employer that the person is qualified to park his or her vehicle in the manner set forth in subsection 3.

2. As used in this section:

(a) “Emergency services vehicle” means a vehicle:

(1) Owned by any governmental agency or political subdivision of this State; and

(2) Identified by the entity which owns the vehicle as a vehicle used to provide emergency services.

(b) “Law enforcement vehicle” means a vehicle:

(1) Owned by any governmental agency or political subdivision of this State; and

(2) Identified by the entity which owns the vehicle as a vehicle used to provide law enforcement services.

(c) “Utility service vehicle” means any motor vehicle:

(1) Used in the furtherance of repairing, maintaining or operating any structure or any other physical facility necessary for the delivery of public utility services, including, without limitation, the furnishing of electricity, gas, water, sanitary sewer, telephone, cable or community antenna service; and

(2) Except for any emergency use, operated

primarily within the service area of a utility’s subscribers or consumers, without regard to whether the motor vehicle is owned, leased or rented by the utility.

(Added to NRS by 2005, 2585 ; A 2009, 974 ; 2017, 1096 )

ARTICLE 4

PROTECTION OF PURCHASERS

NRS 116.4106

NRS

116.4106

Public offering statement: Common-interest community containing converted building.

1. The public offering statement of a common-interest community containing any converted building must contain, in addition to the information required by NRS 116.4103 and 116.41035 :

(a) A statement by the declarant, based on a report prepared by an independent registered architect or licensed professional engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the building;

(b) A list of any outstanding notices of uncured violations of building codes or other municipal regulations, together with the estimated cost of curing those violations; and

(c) The budget to maintain the reserves required pursuant to paragraph (b) of subsection 2 of NRS 116.3115 which must include, without limitation:

(1) The current estimated replacement cost, estimated remaining life and estimated useful life of each major component of the common elements;

(2) As of the end of the fiscal year for which the budget was prepared, the current estimate of the amount of cash reserves that are necessary to repair, replace and restore the major components of the common elements and the current amount of accumulated cash reserves that are set aside for such repairs, replacements and restorations;

(3) A statement as to whether the declarant has determined or anticipates that the levy of one or more special assessments will be required within the next 10 years to repair, replace and restore any major component of the common elements or to provide adequate reserves for that purpose;

(4) A general statement describing the procedures used for the estimation and accumulation of cash reserves described in subparagraph (2), including, without limitation, the qualifications of the person responsible for the preparation of the study of reserves required pursuant to NRS 116.31152 ; and

(5) The funding plan that is designed to allocate the costs for the repair, replacement and restoration of the major components of the common elements over a period of years.

1. This section applies only to a common-interest community comprised of a converted building or buildings containing more than 12 units that may be occupied for residential use.

(Added to NRS by 1991, 574 ; A 1997, 1060 ; 2005, 2613 )

NRS 118.103

NRS

118.103

Construction of certain covered multifamily dwellings to provide access to person with disability.

1. A covered multifamily dwelling which is designed and constructed for occupancy on or after March 13, 1991, must be constructed in such a manner that the dwelling contains at least one entrance which is accessible to a person with a disability unless it is impracticable to so design or construct the dwelling because of the terrain or unusual characteristics of the site upon which it is constructed.

2. A covered multifamily dwelling which contains at least one entrance which is accessible to a person with a disability must be constructed in such a manner that:

(a) The common areas of the dwelling are readily accessible to and usable by a person with a disability;

(b) The doors of the dwelling are sufficiently wide to allow a person with a disability to enter and exit in a wheelchair;

(c) The units of the dwelling contain:

(1) An accessible route into and through the dwelling;

(2) Reinforcements in the bathroom walls so that bars for use by a person with a disability may be installed therein; and

(3) Kitchens and bathrooms in which a person in a wheelchair may maneuver; and

(d) The light switches, electrical outlets, thermostats or any other environmental controls in the units of the dwelling are placed in such a manner that they are accessible to a person in a wheelchair.

1. As used in this section, “covered multifamily dwelling” means:

(a) A building which consists of four or more units and contains at least one elevator; or

(b) The units located on the ground floor of any other building which consists of four or more units.

(Added to NRS by 1995, 1987 )

NRS 119.140

NRS

119.140

License: Required information; application; fee.

Any person or broker proposing to offer or sell any subdivision or lot, parcel, unit or interest therein in this state shall first submit to the Division:

1. The name and address of each person owning or controlling an interest of 10 percent or more.

2. The name, principal occupation and address of every officer, director, partner, owner, associate or trustee of the subdivider.

3. The legal description and area of lands.

4. A true statement of the condition of the title to the land, including all encumbrances thereon.

5. A true statement of the terms and conditions on which it is intended to dispose of the land and copies of the instruments which will be delivered to a purchaser to evidence his or her interest in the subdivision and of the contracts and other agreements which a purchaser will be required to agree to or sign.

6. A true statement of the provisions, if any, that have been made for public utilities in the proposed subdivision, including water, electricity, gas, telephone and sewerage facilities.

7. A true statement of the use for which the proposed subdivision will be offered.

8. A true statement of the provisions, if any, limiting the use or occupancy of the parcels in the subdivision.

9. A true statement of the maximum depth of fill used, or proposed to be used on each lot, and a true statement on the soil conditions in the subdivision supported by engineering reports showing the soil has been, or will be, prepared in accordance with the recommendations of a licensed civil engineer.

10. A true statement of the amount of indebtedness which is a lien upon the subdivision or any part thereof, and which was incurred to pay for the construction of any on-site or off-site improvement, or any community or recreational facility, and the names and addresses of the holders of the indebtedness together with an indication of their relationship, if any, to the owner and subdivider.

11. A true statement or reasonable estimate, if applicable, of the amount of any indebtedness which has been or is proposed to be incurred by an existing or proposed special district, entity, taxing area or assessment district, within the boundaries of which the subdivision, or any part thereof, is located, and which is to pay for the construction or installation of any improvement or to furnish community or recreational facilities to the subdivision, and which amounts are to be obtained by ad valorem tax or assessment, or by a special assessment or tax upon the subdivision, or any part thereof.

12. A true statement describing any agricultural activities or conditions in the area which may adversely affect residents of the subdivision, including any odors, cultivation and related dust, agricultural burning, application of pesticides, or irrigation and drainage.

13. Such other information as the owner, his or her agent or subdivider may wish to present.

14. A completed application for a license in such form and containing such additional information as the Division may require on its filing forms.

15. The fees prescribed by this chapter.

(Added to NRS by 1971, 1405 ; A 1973, 1753 ; 1983, 1679 ; 1997, 1061 )

NRS 119.1835

NRS

119.1835

Sales: Disclosure to purchaser of location of rights-of-way and easements for electrical transmission lines.

It is unlawful for a developer to sell any lot, parcel, unit or interest in a subdivision without disclosing to the purchaser in writing, before the purchaser signs any binding agreement, the location in the subdivision, and on all land contiguous thereto, of all rights-of-way and easements for transmission lines of public utilities that supply electricity if the developer knows or reasonably should know the locations of such rights-of-way and easements.

(Added to NRS by 1997, 1964 )

NRS 171.148

NRS

171.148

Warrant of arrest by telegram authorized.

1. A warrant of arrest may be transmitted by telegram. A copy of a warrant transmitted by telegram may be sent to one or more peace officers, and the copy is as effectual in the hands of any officer, and the officer must proceed in the same manner under it, as though the officer held an original warrant issued by the magistrate before whom the original complaint in the case was laid.

2. Every officer causing a warrant to be transmitted by telegram pursuant to subsection 1 must certify as correct a copy of the warrant and endorsement thereon, and must return the original with a statement of the officer’s action thereunder.

3. As used in this section, “telegram” includes every method of electric or electronic communication by which a written as distinct from an oral message is transmitted.

(Added to NRS by 1967, 1402 ; A 1973, 598 ; 2003, 984 )

NRS 179.421

NRS

179.421

“Electronic communication” defined.

“Electronic communication” means a transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transferred in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system. The term does not include:

1. A wire or oral communication.

2. A communication made through a tone-only paging device.

3. A communication from a tracking device.

4. Electronic funds transfer information stored by a financial institution in a communication system used for the electronic storage and transfer of funds.

5. The incoming or outgoing electronic or other impulses that identify the originating number of an instrument or device from which or to which a wire or electronic communication was transmitted.

(Added to NRS by 2015, 2485 )

NRS 193.021

NRS

193.021

“Personal property” defined.

“Personal property” includes dogs and all domestic animals and birds, water, gas and electricity, all kinds or descriptions of money, chattels and effects, all instruments or writings completed and ready to be delivered or issued by the maker, whether actually delivered or issued or not, by which any claim, privilege, right, obligation or authority, or any right or title to property, real or personal, is or purports to be, or upon the happening of some future event may be evidenced, created, acknowledged, transferred, increased, diminished, encumbered, defeated, discharged or affected, and every right and interest therein.

[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355 ; 1983, 815 ; 1985, 510 )

NRS 193.023

NRS

193.023

“Railway” or “railroad” defined.

“Railway” or “railroad” includes all railways, railroads and street railways, whether operated by steam, electricity or any other motive power.

[Part 1911 C&P § 29; RL § 6294; NCL § 9978]—(NRS A 1973, 355 ; 1983, 815 ; 1985, 510 )

NRS 202.287

NRS

202.287

Discharging firearm within or from structure or vehicle; penalties.

1. A person who is in, on or under a structure or vehicle and who maliciously or wantonly discharges or maliciously or wantonly causes to be discharged a firearm within or from the structure or vehicle:

(a) If the structure or vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.

(b) If the structure or vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

1. If a firearm is discharged within or out of any vehicle that is in motion or at rest and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vehicle may have run on the trip during which the firearm was discharged.

2. The provisions of this section do not apply to:

(a) A person who lawfully shoots at a game mammal or game bird pursuant to subsection 2 of NRS 503.010 .

(b) A peace officer while engaged in the performance of his or her official duties.

(c) A person who discharges a firearm in a lawful manner and in the course of a lawful business, event or activity.

1. As used in this section:

(a) “Structure” means any temporary or permanent structure, including, but not limited to, any tent, house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building.

(b) “Vehicle” means any motor vehicle or trailer designed for use with a motor vehicle, whether or not it is self-propelled, operated on rails or propelled by electric power obtained from overhead wires.

(Added to NRS by 1989, 1239 ; A 1993, 2774 ; 1995, 1152 , 1207 ,

2403 ,

2409 ;

2003, 987 ; 2019, 231 )

NRS 202.357

NRS

202.357

Electronic stun device: Use prohibited except for self-defense; possession by certain persons prohibited; sale, gift or other provision to certain persons prohibited; penalties.

1. Except as otherwise provided in this section, a person shall not use an electronic stun device on another person for any purpose other than self-defense.

2. Except as otherwise provided in this section, a person shall not have in his or her possession or under his or her custody or control any electronic stun device if the person:

(a) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;

(b) Is a fugitive from justice;

(c) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

(d) Is illegally or unlawfully in the United States.

1. A child under 18 years of age shall not have in his or her possession or under his or her custody or control any electronic stun device.

2. Except as otherwise provided in this section, a person within this State shall not sell, give or otherwise provide an electronic stun device to another person if he or she has actual knowledge that the other person:

(a) Is a child under 18 years of age;

(b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the other person has received a pardon and the pardon does not restrict his or her right to bear arms;

(c) Is a fugitive from justice;

(d) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

(e) Is illegally or unlawfully in the United States.

1. A person who violates the provisions of:

(a) Subsection 1 or paragraph (a) or (b) of subsection 2 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

(b) Paragraph (c) or (d) of subsection 2 is guilty of a category D felony and shall be punished as provided in NRS 193.130 .

1. A child who violates subsection 3 commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.

2. A person who violates the provisions of subsection 4 is guilty of a category D felony and shall be punished as provided in NRS 193.130 .

3. The provisions of subsections 1, 2 and 4 do not apply to a peace officer who possesses or uses or sells, gives or otherwise provides to another person an electronic stun device within the scope of his or her duties.

4. As used in this section, “electronic stun device” means a device that:

(a) Emits an electrical charge or current that is transmitted by projectile, physical contact or other means; and

(b) Is designed to disable a person or animal temporarily or permanently.

(Added to NRS by 2005, 266 )

NRS 202.580

NRS

202.580

Removal, damage or destruction of signal or apparatus for police or fire alarm; impairing effectiveness of or installing inoperable system for fire protection.

1. Every person who willfully and maliciously removes, damages or destroys any rope, wire, bell, signal, instrument or apparatus for the communication of alarms of fire or police calls is guilty of an offense proportionate to the value of the property removed, damaged or destroyed, but in no event less than a misdemeanor.

2. Every contractor who willfully or maliciously installs or causes to be installed in any structure a fire protection system knowing it to be inoperable, or who impairs the effectiveness of a fire protection system in any structure to an extent that a person in the structure would be endangered in the event of a fire, shall be punished by the permanent revocation of every license issued to the contractor by this state or any political subdivision authorizing the contractor to install fire protection systems, and for a gross misdemeanor.

3. The conviction of a person for a violation of the provisions of subsection 2 does not preclude the prosecution of that person for deceptive trade practices, fraud or similar crimes.

4. As used in this section:

(a) “Automatic fire extinguishing system” means a system approved by the State Fire Marshal that is installed in a structure and designed to extinguish a specific type of fire. This type of system includes dry chemical, carbon dioxide, halogenated agent, steam, high-expansion foam, foam extinguishing and liquid agent systems.

(b) “Automatic fire sprinkler system” means a system of underground or overhead pipes, or both, to which sprinklers are attached that is installed in a structure and designed to discharge water automatically when activated by heat from a fire and to sound an alarm when the system is in operation.

(c) “Contractor” means any person, including a subcontractor, employee or agent of the contractor, who, for another person and for compensation or with the intention or expectation of receiving compensation, undertakes to install or cause to be installed, by himself or herself or by or through others, in any structure, a fire protection system.

(d) “Fire alarm system” means a system composed of a control unit and a combination of electrical devices that is designed to sound an alarm in the event of a fire and that may be activated manually, automatically or in both ways.

(e) “Fire protection system” includes an automatic fire sprinkler system, an automatic fire extinguishing system, a fire alarm system and a standpipe system.

(f) “Standpipe system” means a system of pipes, valves, connectors and related equipment that is attached to a water supply and designed so that water can be discharged through a hose attached to a connector for the purpose of extinguishing a fire.

(g) “Structure” includes a building, bridge, tunnel and power plant.

[1911 C&P § 487; RL § 6752; NCL § 10434]—(NRS A 1967, 489 ; 1989, 1044 )

NRS 202.582

NRS

202.582

Removal, damage or destruction of certain property to obtain scrap metal; penalties.

1. A person who willfully and maliciously removes, damages or destroys any utility property, agricultural infrastructure or other agricultural property, property maintained by the State or a local government, construction site or existing structure to obtain scrap metal shall be punished pursuant to the provisions of this section.

2. Except as otherwise provided in subsection 3, if the value of the property removed, damaged or destroyed as described in subsection 1 is:

(a) Less than $500, a person who violates the provisions of subsection 1 is guilty of a misdemeanor.

(b) Five hundred dollars or more, a person who violates the provisions of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130 .

1. If the removal, damage or destruction described in subsection 1 causes an interruption in the service provided by any utility property, a person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130 .

2. In addition to any other penalty, the court shall order a person who violates the provisions of subsection 1 to pay restitution and:

(a) For the first offense, to perform 100 hours of community service.

(b) For a second offense, to perform 200 hours of community service.

(c) For a third or subsequent offense, to perform up to 300 hours of community service for up to 1 year, as determined by the court.

1. In determining the value of the property removed, damaged or destroyed as described in subsection 1, the cost of replacing or repairing the property or repairing the utility property, agricultural infrastructure, agricultural property, construction site or existing structure, if necessary, must be added to the value of the property.

2. As used in this section:

(a) “Scrap metal” has the meaning ascribed to it in NRS 647.017 .

(b) “Utility property” means any facility, equipment or other property owned, maintained or used by a company or a city, county or other political subdivision of this State to furnish cable television or other video service, broadband service, telecommunication service, telephone service, natural gas service, water service, sewer service, storm water collection or disposal service or electric service, regardless of whether the facility, property or equipment is currently used to furnish such service.

(Added to NRS by 2009, 1242 ; A 2013, 319 , 1959 )

NRS 202.750

NRS

202.750

“Explosive” defined.

As used in NRS 202.750 to 202.840 , inclusive, the term “explosive” means:

1. Gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compounds, mechanical mixtures or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture or device or any part thereof may cause an explosion; or

2. Any explosive material included in the list of explosive materials published in the Federal Register and revised annually by the Attorney General of the United States pursuant to 18 U.S.C. §§ 841 et seq.

(Added to NRS by 1971, 1280 ; A 2009, 21 )

NRS 205.0829

NRS

205.0829

“Services” defined.

“Services” includes labor, professional services, transportation, cable television or other video service, telephone, gas or electricity services, accommodations in hotels, restaurants, leased premises or elsewhere, admissions to exhibitions and the use of vehicles or other movable property.

(Added to NRS by 1989, 1204 ; A 2007, 1376 )

NRS 205.2741

NRS

205.2741

Throwing substance at bicycle, electric bicycle, electric scooter or motor vehicle; willfully damaging bicycle, electric bicycle or motor vehicle; penalty.

1. It is unlawful for any person:

(a) To throw any stone, rock, missile or any substance at any bicycle, electric bicycle, as defined in NRS 484B.017 , or electric scooter, as defined in NRS 482.0295 , or at any motorbus, truck or other motor vehicle; or

(b) Wrongfully to injure, deface or damage any bicycle, electric bicycle, as defined in NRS 484B.017 , or any motorbus, truck or other motor vehicle, or any part thereof.

1. Any person who violates any of the provisions of subsection 1 is guilty of a public offense, as prescribed in NRS 193.155 , proportionate to the value of the property damaged and in no event less than a misdemeanor.

(Added to NRS by 1971, 722 ; A 1979, 157 ; 1991, 2232 ; 2019, 1899 ; 2021, 1745 )

NRS 205.4765

NRS

205.4765

Unlawful acts regarding computers: Generally.

1. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

(a) Modifies;

(b) Damages;

(c) Destroys;

(d) Discloses;

(e) Uses;

(f) Transfers;

(g) Conceals;

(h) Takes;

(i) Retains possession of;

(j) Copies;

(k) Obtains or attempts to obtain access to, permits access to or causes to be accessed; or

(l) Enters,

Ê data, a program or any supporting documents which exist inside or outside a computer, system or network is guilty of a misdemeanor.

1. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

(a) Modifies;

(b) Destroys;

(c) Uses;

(d) Takes;

(e) Damages;

(f) Transfers;

(g) Conceals;

(h) Copies;

(i) Retains possession of; or

(j) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

Ê equipment or supplies that are used or intended to be used in a computer, system or network is guilty of a misdemeanor.

1. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

(a) Destroys;

(b) Damages;

(c) Takes;

(d) Alters;

(e) Transfers;

(f) Discloses;

(g) Conceals;

(h) Copies;

(i) Uses;

(j) Retains possession of; or

(k) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

Ê a computer, system or network is guilty of a misdemeanor.

1. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

(a) Obtains and discloses;

(b) Publishes;

(c) Transfers; or

(d) Uses,

Ê a device used to access a computer, network or data is guilty of a misdemeanor.

1. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization introduces, causes to be introduced or attempts to introduce a computer contaminant into a computer, system or network is guilty of a misdemeanor.

2. If the violation of any provision of this section:

(a) Was committed to devise or execute a scheme to defraud or illegally obtain property;

(b) Caused response costs, loss, injury or other damage in excess of $500; or

(c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,

Ê the person is guilty of a category C felony and shall be punished as provided in NRS 193.130 , and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.

1. The provisions of this section do not apply to a person performing any testing, including, without limitation, penetration testing, of an information system of an agency that uses the equipment or services of the Office of the Chief Information Officer within the Office of the Governor that is authorized by the Chief of that Office or the head of the Office of Information Security of the Office of the Chief Information Officer. As used in this subsection:

(a) “Information system” has the meaning ascribed to it in NRS 242.057 .

(b) “Penetration testing” has the meaning ascribed to it in NRS 242.171 .

(Added to NRS by 1983, 1203 ; A 1991, 50 ; 1995, 1228 ; 1999, 2707 ; 2001, 1240 ; 2011, 1862 ; 2023, 3554 )

NRS 205.477

NRS

205.477

Unlawful acts relating to interference with or denial of access to or use of computers, systems, networks, telecommunication devices, telecommunications devices, services or information services; penalties; affirmative defense.

1. Except as otherwise provided in subsections 3 and 4, a person who knowingly, willfully, maliciously and without authorization interferes with, denies or causes the denial of access to or use of a computer, system or network to a person who has the duty and right to use it is guilty of a gross misdemeanor.

2. Except as otherwise provided in subsections 3 and 4, a person who knowingly, willfully, maliciously and without authorization uses, causes the use of, accesses, attempts to gain access to or causes access to be gained to a computer, system, network, telecommunications device, telecommunications service or information service is guilty of a gross misdemeanor.

3. If the violation of any provision of this section:

(a) Was committed to devise or execute a scheme to defraud or illegally obtain property;

(b) Caused response costs, loss, injury or other damage in excess of $500; or

(c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,

Ê the person is guilty of a category C felony and shall be punished as provided in NRS 193.130 , and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.

1. It is an affirmative defense to a charge made pursuant to this section that at the time of the alleged offense the defendant reasonably believed that:

(a) The defendant was authorized to use or access the computer, system, network, telecommunications device, telecommunications service or information service and such use or access by the defendant was within the scope of that authorization; or

(b) The owner or other person authorized to give consent would authorize the defendant to use or access the computer, system, network, telecommunications device, telecommunications service or information service.

1. A defendant who intends to offer an affirmative defense described in subsection 4 at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

(Added to NRS by 1983, 1204 ; A 1991, 51 ; 1995, 1229 ; 1999, 2709 ; 2001, 1242 ; 2011, 3650 )

NRS 205.492

NRS

205.492

Unlawful acts involving electronic mail or transmission of other data, information, images, programs, signals or sounds to computer, system or network.

1. A person shall not willfully falsify or forge any data, information, image, program, signal or sound that:

(a) Is contained in the header, subject line or routing instructions of an item of electronic mail; or

(b) Describes or identifies the sender, source, point of origin or path of transmission of an item of electronic mail,

Ê with the intent to transmit or cause to be transmitted the item of electronic mail to any Internet or network site or to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission.

1. Except as otherwise provided in subsection 7, a person shall not willfully transmit or cause to be transmitted an item of electronic mail to any Internet or network site or to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission if the person knows or has reason to know that the item of electronic mail contains or has been generated or formatted with:

(a) An Internet domain name that is being used without the consent of the person who holds the Internet domain name; or

(b) Any data, information, image, program, signal or sound that has been used intentionally in the header, subject line or routing instructions of the item of electronic mail to falsify or misrepresent:

(1) The identity of the sender; or

(2) The source, point of origin or path of transmission of the item of electronic mail.

1. A person shall not knowingly sell, give or otherwise distribute or possess with the intent to sell, give or otherwise distribute any data, information, image, program, signal or sound which is designed or intended to be used to falsify or forge any data, information, image, program, signal or sound that:

(a) Is contained in the header, subject line or routing instructions of an item of electronic mail; or

(b) Describes or identifies the sender, source, point of origin or path of transmission of an item of electronic mail.

1. Except as otherwise provided in subsection 7, a person shall not willfully and without authorization transmit or cause to be transmitted an item of electronic mail or any other data, information, image, program, signal or sound to any Internet or network site, to the electronic mail address of one or more recipients or to any other computer, system or network:

(a) With the intent to prevent, impede, delay or disrupt the normal operation or use of the Internet or network site, electronic mail address, computer, system or network, whether or not such a result actually occurs; or

(b) Under circumstances in which such conduct is reasonably likely to prevent, impede, delay or disrupt the normal operation or use of the Internet or network site, electronic mail address, computer, system or network, whether or not such a result actually occurs.

1. Except as otherwise provided in subsection 6, a person who violates any provision of this section is guilty of a misdemeanor.

2. If the violation of any provision of subsection 4:

(a) Was committed to devise or execute a scheme to defraud or illegally obtain property;

(b) Caused response costs, loss, injury or other damage in excess of $500; or

(c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,

Ê the person is guilty of a category C felony and shall be punished as provided in NRS 193.130 , and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.

1. The provisions of subsections 2 and 4 do not apply to a provider of Internet service who, in the course of providing service, transmits or causes to be transmitted an item of electronic mail on behalf of another person, unless the provider of Internet service is the person who first generates the item of electronic mail.

2. As used in this section, “item of electronic mail” includes, without limitation:

(a) A single item of electronic mail;

(b) Multiple copies of one or more items of electronic mail;

(c) A collection, group or bulk aggregation of one or more items of electronic mail;

(d) A constant, continual or recurring pattern or series of one or more items of electronic mail; or

(e) Any other data, information, image, program, signal or sound that is included or embedded in or attached or connected to one or more items of electronic mail.

(Added to NRS by 1999, 2704 ; A 2001, 1243 )

NRS 205.910

NRS

205.910

Unlawful use of television or radio signals; unlawful manufacture or sale of devices to intercept or decode signals; penalty; exceptions.

1. Any person who without authority:

(a) Leads or attempts to lead from its uses or make use of the electrical signal or any portion thereof from any posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable or a microwave radio system;

(b) Attaches any device to a television receiver of any kind for the purpose of intercepting or decoding the transmission of any pay program of a multipoint distribution system in a manner not authorized by the system; or

(c) Knowingly or willfully and for profit manufactures, distributes or sells any device, kit or plan designed to intercept or decode the transmission of a multipoint distribution system in a manner not authorized by the system,

Ê is guilty of a misdemeanor.

1. The provisions of this section do not apply to the interception by a person of any direct transmission of a television signal from a communication satellite if the person does not charge a fee for admission to view the television show.

(Added to NRS by 1963, 9 ; A 1965, 63 ; 1967, 507 ; 1979, 1448 ; 1981, 2058 ; 1985, 1828 )—(Substituted in revision for NRS 205.470)

NRS 205.920

NRS

205.920

Obtaining or attempting to obtain telephone or telegraph service with intent to avoid payment; penalty.

1. It is unlawful for a person to obtain or attempt to obtain telephone or telegraph service with the intent to avoid payment for that service by himself or herself or to avoid payment for that service by any other person, by:

(a) Charging the service to an existing telephone number without authority of the subscriber, to a nonexistent telephone number or to a number associated with telephone service which is suspended or terminated after notice of suspension or termination has been given to the subscriber;

(b) Charging the service to a credit card without authority of the lawful holder, to a nonexistent credit card or to a revoked or cancelled, as distinguished from expired, credit card after notice of revocation or cancellation has been given to the holder;

(c) Using a code, prearranged scheme or other similar device to send or receive information;

(d) Rearranging, tampering with or making connection with any facilities or equipment, whether physically, electrically, acoustically, inductively or otherwise;

(e) Using any other deception, false token or other means to avoid payment for the service; or

(f) Concealing, or assisting another to conceal, from any telephone or telegraph company or from any lawful authority the existence or place of origin or destination of any message.

1. A person who violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130 .

2. This section applies when the service involved either originates or terminates, or both originates and terminates, in the State of Nevada, or when the charges for the service would have been billable in the normal course by a person, firm or corporation providing the service in this state but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.

(Added to NRS by 1965, 324 ; A 1967, 507 ; 1979, 1449 ; 1989, 1438 ; 1993, 872 , 1206 ;

1995, 1235 ; 1997, 492 )

NRS 228.360

NRS

228.360

Powers and duties regarding certain public utilities.

1. The Consumer’s Advocate:

(a) Shall intervene in and represent the public interest in:

(1) All proceedings conducted pursuant to NRS 704.7561 to 704.7595 , inclusive; and

(2) All proceedings conducted pursuant to NRS 704.061 to 704.110 , inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application.

(b) May, with respect to all public utilities except railroads and cooperative utilities, and except as otherwise provided in

NRS 228.380 :

(1) Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.

(2) Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the Public Utilities Commission of Nevada in the same manner and to the same extent as authorized by law for members of the Public Utilities Commission of Nevada and its staff.

(3) Except as otherwise provided in paragraph (a), petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the Public Utilities Commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the Consumer’s Advocate may bring before or has brought before the Public Utilities Commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The Consumer’s Advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and the Consumer’s Advocate is a real party in interest in the proceeding.

1. As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187 .

(Added to NRS by 1981, 1675 ; A 1987, 705 ; 1997, 1969 ; 2001, 353 , 3254 ;

2007, 2987 ; 2013, 741 )

NRS 228.390

NRS

228.390

Representation of public interest and customers’ interests.

1. Except as otherwise provided in NRS 704.110 and 704.7561 to 704.7595 , inclusive:

(a) The Consumer’s Advocate has sole discretion to represent or refrain from representing the public interest and any class of customers in any proceeding.

(b) In exercising such discretion, the Consumer’s Advocate shall consider the importance and extent of the public interest or the customers’ interests involved and whether those interests would be adequately represented without his or her participation.

(c) If the Consumer’s Advocate determines that there would be a conflict between the public interest and any particular class of customers or any inconsistent interests among the classes of customers involved in a particular matter, the Consumer’s Advocate may choose to represent one of the interests, to represent no interest, or to represent one interest through his or her office and another or others through outside counsel engaged on a case basis.

(d) If the Consumer’s Advocate declines to represent the public interest in a proceeding to review a proposed rate of an electric utility, the Consumer’s Advocate shall publish a report in support of the decision to decline such representation and make the report available to the public at the Bureau of Consumer Protection and on the Internet website maintained by the Bureau of Consumer Protection. The report must:

(1) Identify each element of the public interest, as may be applicable to the proceeding to review a proposed rate; and

(2) Specify the manner in which each element of the public interest, as identified pursuant to subparagraph (1), is sufficiently represented.

1. As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187 .

(Added to NRS by 1981, 1676 ; A 1997, 1970 ; 2001, 354 , 3255 ;

2013, 3345 )

MEDICAID FRAUD

NRS 231.055

NRS

231.055

Office of Economic Development: Provision of support for Board, regional development authorities and private sector to encourage economic development; coordination and oversight of all economic development in Nevada; assistance in marketing of vacant or decommissioned assets of electric utilities; development and implementation of programs to provide customized workforce development services; preparation of lists of authorized providers of workforce recruitment, assessment and training; participation in and administration of federal programs.

Under the direction of the Executive Director, the Office:

1. Shall provide administrative and technical support to the Board.

2. Shall support the efforts of the Board, the regional development authorities designated by the Executive Director pursuant to subsection 4 of NRS 231.053

and the private sector to encourage the creation and expansion of businesses in Nevada and the relocation of businesses to Nevada.

1. Shall coordinate and oversee all economic development programs in this State to ensure that such programs are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053 , including, without limitation:

(a) Coordinating the economic development activities of agencies of this State, local governments in this State and local and regional organizations for economic development to avoid duplication of effort or conflicting efforts;

(b) Working with local, state and federal authorities to streamline the process for obtaining abatements, financial incentives, grants, loans and all necessary permits, licenses and registrations for the creation or expansion of businesses in Nevada or the relocation of businesses to Nevada; and

(c) Reviewing, analyzing and making recommendations for the approval or disapproval of applications for abatements, financial incentives, development resources, and grants and loans of money provided by the Office.

1. Shall, upon request, assist an electric utility with the marketing of vacant or decommissioned assets for sale and redevelopment pursuant to NRS 704.734 .

2. Shall, in consultation with the Nevada System of Higher Education, the Department of Employment, Training and Rehabilitation, the Department of Education and any other person or entity which the Executive Director determines is appropriate, develop and implement one or more programs to provide customized workforce development services to persons that create and expand businesses in Nevada and relocate businesses to Nevada.

3. Shall prepare a list of authorized providers that are eligible to provide programs of workforce recruitment, assessment and training pursuant to NRS 231.1467 .

4. May:

(a) Participate in any federal programs for economic development that are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053 ; and

(b) When practicable and authorized by federal law, act as the agency of this State to administer such federal programs.

(Added to NRS by 2011, 3433 ; A 2011, 3486 ; 2015, 2219 ; 2015, 29th Special Session, 6 )

NRS 231.139

NRS

231.139

Office of Economic Development: Certification of certain businesses for certain benefits related to the costs of electricity; requirements for certification; allocations from Contingency Account; fees; regulations.

1. The Office shall certify a business for the benefits provided pursuant to NRS 704.223 if the Office finds that:

(a) The business is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053 ;

(b) The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on-site;

(c) Establishing the business will require the business to make a capital investment of $50,000,000 in Nevada; and

(d) The economic benefit to the State of approving the certification exceeds the cost to the State.

1. The Office may:

(a) Request an allocation from the Contingency Account pursuant to NRS 353.266 , 353.268 and 353.269 to cover the costs incurred by the Office pursuant to this section and NRS 704.032 .

(b) Impose a reasonable fee for an application for certification pursuant to this section to cover the costs incurred by the Office in investigating and ruling on the application.

(c) Adopt such regulations as it deems necessary to carry out the provisions of this section.

(Added to NRS by 1993, 818 ; A 1995, 1143 ; 2001, 1584 ; 2011, 3445 )

Program for Certification of Local Emerging Small Businesses

NRS 244.105

NRS

244.105

Procedure for enactment of specialized or uniform code.

1. An ordinance which adopts:

(a) A specialized or uniform building, plumbing or electrical code printed in the form of a book or pamphlet;

(b) Any other specialized or uniform code; or

(c) Any portion of such a code,

Ê may adopt it by reference with such changes as may be necessary to make it applicable to conditions in the county, and with such other changes as may be desirable.

1. The code upon adoption need not be published as required by NRS 244.100 if an adequate number of copies of the code, either typewritten or printed, with the changes, if any, have been filed for use and examination by the public in the office of the county clerk. Notice of the filing must be given by one publication in a newspaper having a general circulation in the county, and the copies must be filed, at least 10 days before the passage of the ordinance.

[2.1:296:1955]—(NRS A 1983, 363 )

NRS 244.35356

NRS

244.35356

Application for authorization; powers and duties of board of county commissioners related to processing application; requirements for person granted authorization.

1. A person who wishes to offer for rent a residential unit or a room within a residential unit for the purposes of transient lodging independently or using an accommodations facilitator must file a written application for an authorization with the agency, officer or department designated by the board of county commissioners in the ordinance and in the form set forth in the ordinance adopted pursuant to NRS 244.353545 .

2. Upon receipt of an application for an authorization, the board of county commissioners may hold a public hearing on the application.

3. Before granting, denying or renewing an authorization, the board of county commissioners or its designee may conduct any necessary health, safety or fire inspection of the residential unit. The costs of any inspection must be paid by the applicant.

4. The board of county commissioners or its designee may grant or deny the authorization. If the board of county commissioners or its designee grants an authorization, the board or its designee, as applicable, shall include such terms and conditions for the rental of the residential unit or a room within the residential unit for the purposes of transient lodging that the board or its designee deems necessary for the health and safety of the residents of the county. The conditions imposed by the board or designee must include, without limitation, provisions stipulating that the holder of the authorization is subject to the oversight and enforcement authority of the county and the local health authority, law enforcement agency and fire department having jurisdiction in the county.

5. A person who is granted an authorization pursuant to this section must, without limitation:

(a) Pay an annual fee for the authorization in an amount established in the ordinance adopted by the board of county commissioners pursuant to NRS 244.353545 . The board of county commissioners may increase the annual fee in an amendment to the ordinance.

(b) Maintain insurance which identifies that the property is used for transient lodging with a minimum liability coverage in an amount set forth in the ordinance adopted pursuant to NRS 244.353545 .

(c) Have a designated local representative who is responsible for the rental and available 24 hours a day, 7 days a week to respond to any issues relating to the residential unit.

(d) Include educational information in the residential unit for any renters, which must include, without limitation, the occupancy limitations for the residential units, emergency telephone numbers, the telephone number of the designated local representative, safety information, trash requirements, parking rules and noise regulations.

(e) Ensure that the address of the residential unit is clearly visible from the roadway.

(f) Maintain the residential unit in a safe and hazard-free condition, including, without limitation, all mechanical, electrical and plumbing systems within the residential unit.

(g) Ensure that the residential unit is equipped with a fire extinguisher, a smoke alarm or detector and a carbon monoxide alarm or detector.

(Added to NRS by 2021, 2394 )

NRS 244.3571

NRS

244.3571

Ordinance to regulate operation of electric personal assistive mobility devices or certain vehicles operated by security guards.

1. Each board of county commissioners may, to protect the health and safety of the public, enact an ordinance which regulates the time, place and manner of the operation of:

(a) An electric personal assistive mobility device; or

(b) A vehicle operating pursuant to the provisions of paragraph (c) of subsection 2 of NRS 484B.117 ,

Ê in the county, including, without limitation, by prohibiting the use of an electric personal assistive mobility device or a vehicle specified in paragraph (b) in a specified area of the county.

1. As used in this section, “electric personal assistive mobility device” has the meaning ascribed to it in NRS 482.029 .

(Added to NRS by 2005, 415 ; A 2015, 214 )

NRS 244.3675

NRS

244.3675

Regulation of construction, maintenance and safety of buildings, structures and property; adoption of codes and establishment of fees.

Subject to the limitations set forth in NRS 244.368 , 278.02315 , 278.580 , 278.582 ,

278.584 , 278.5846 , 278.586 , 444.340

to 444.430 , inclusive, and 477.030 , the boards of county commissioners within their respective counties may:

1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.

2. Adopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580 , these fees do not apply to the State of Nevada or the Nevada System of Higher Education.

(Added to NRS by 1973, 707 ; A 1991, 1167 ; 1993, 2584 ; 1999, 1064 ; 2001, 3103 ; 2007, 1096 , 3099 ;

2009, 833 ; 2015, 1991 ; 2017, 1479 ; 2021, 2346 )

NRS 244.3677

NRS

244.3677

Ordinance regulating battery charged fences: Requirements; prohibitions.

1. Except as otherwise provided in subsection 3, a board of county commissioners shall enact ordinances regulating battery-charged fences.

2. An ordinance enacted pursuant to this section must, without limitation, require that a battery-charged fence:

(a) Be located on property that:

(1) Is not designated for residential use; or

(2) Is designated for residential use and

the property:

(I) Is located in a rural zoning area; or

(II) Is governed by the provisions of NRS 278.780 to 278.828 , inclusive;

(b) Use a battery that is not more than 12 volts of direct current;

(c) Have an energizer that meets the most current standards set forth by the International Electrotechnical Commission;

(d) Be surrounded by a nonelectric perimeter fence or wall that is at least 5 feet in height;

(e) Not be higher than 10 feet in height or 2 feet higher than the height of the nonelectric perimeter fence or wall described in paragraph (d), whichever is greater; and

(f) Be marked with conspicuous warning signs that are located on the battery-charged fence at intervals of not more than 40 feet and that read: “WARNING: ELECTRIC FENCE.”

1. A board of county commissioners, in enacting an ordinance pursuant to this section, may not enact an ordinance that:

(a) Requires a permit for the installation or use of a battery-charged fence that is in addition to any permit that is required to install an alarm system;

(b) Imposes any installation or operational requirement for a battery-charged fence that is inconsistent with the most current standards set forth by the International Electrotechnical Commission; or

(c) Prohibits the installation or use of a battery-charged fence.

1. As used in this section:

(a) “Alarm system” means a device or system that transmits an audible, visual or electronic signal intended to summon or alert law enforcement. The term does not include a system which does not transmit a signal from outside of a building or residence and is intended to alert only occupants of a building or residence.

(b) “Battery-charged fence” means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by a battery.

(Added to NRS by 2023, 1298 )

NRS 266.261

NRS

266.261

Public works: General powers of city council.

1. The city council, on behalf of the city and in its name, without any election, may acquire, improve, equip, operate and maintain, convert to or authorize:

(a) Curb and gutter projects;

(b) Drainage projects;

(c) Off-street parking projects;

(d) Overpass projects;

(e) Park projects;

(f) Sanitary sewer projects;

(g) Sidewalk projects;

(h) Storm sewer projects;

(i) Street projects;

(j) Underpass projects;

(k) Water projects; and

(l) Underground electric and communication facilities.

1. The city council, on behalf of the city, for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by subsection 1, or any portion of the cost thereof not to be defrayed with money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS.

(Added to NRS by 1973, 377 ; A 1985, 260 ; 2001, 2075 )

NRS 266.300

NRS

266.300

Franchises for certain public purposes.

1. The city council shall have the power:

(a) To grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue or any part or parts thereof of the city or other public places therein, railroad tracks and connecting and terminal tracks.

(b) To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting works in the city, and to give such person, company or association the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the city.

1. The city council shall grant no franchise for a longer period of time than 50 years, and no franchise for any purpose shall be granted within any city incorporated under the provisions of this chapter except as herein provided. Nothing herein contained shall be construed to impair any franchises granted in any city prior to its incorporation hereunder.

[Part 28:125:1907; RL § 794; NCL § 1128]

NRS 266.368

NRS

266.368

Application for license, permit or certificate must include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. An application for the issuance of a license, permit or certificate to practice a profession or occupation pursuant to NRS 266.355 or 268.0887 must include the social security number of the applicant.

2. As used in this section, “license, permit or certificate to practice a profession or occupation” does not include a general business license issued by a city council.

(Added to NRS by 1997, 2044 ; A 2005, 2339 ; 2015, 2667 )

SALES AND LEASES OF CITY-OWNED ELECTRIC LIGHT AND POWER SYSTEMS

NRS 266.386

NRS

266.386

Resolution proposing sale or lease of system; election required.

1. Proceedings to sell or lease a city-owned electric light and power system may be instituted by the adoption of a resolution by the city council proposing to sell or lease the electric light and power system.

2. The resolution adopted pursuant to the provisions of subsection 1 must require that the question of the sale or lease of the electric light and power system be submitted to the voters of the city at a special election or the next primary or general municipal election or primary or general state election.

(Added to NRS by 1969, 862 ; A 1993, 1040 )

NRS 266.3861

NRS

266.3861

Appointment of appraisers.

Upon the adoption of a resolution pursuant to NRS 266.386 , the district court of the county shall appoint a qualified firm of licensed engineers to make a true and correct appraisement of the fair market value of the electric light and power system.

(Added to NRS by 1969, 862 )

NRS 266.3862

NRS

266.3862

Negotiation with qualified lessees.

If the resolution adopted proposes to lease the electric light and power system, the city council shall, after the return of the appraisement, negotiate with one or more qualified lessees. If such negotiations are successful, the city council shall submit the proposed lease for acceptance or rejection at the election. In any lease, the council shall require a bond for faithful performance by the lessee.

(Added to NRS by 1969, 862 )

NRS 266.3863

NRS

266.3863

Measure and explanation to be drafted by city attorney.

When proceedings are instituted to sell or lease a city-owned electric light and power system, the city attorney shall draft the measure and an explanation thereof for submission to the registered voters.

(Added to NRS by 1969, 862 )

NRS 266.3864

NRS

266.3864

Registration of voters for special election; notice; office hours of county clerk.

1. If the question of the sale or lease of the city-owned electric light and power system is submitted at a city or state primary or general election, no notice of registration of electors is required other than that required by the general election laws for such election. If the question is submitted at a special election, the county clerk shall, at the expense of the city, cause to be published at least once a week for 5 consecutive weeks by five weekly insertions a week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, in a newspaper published within the county and having a general circulation in the city, a notice signed by the county clerk to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.

2. Except as provided in this subsection, the office of the county clerk shall be open for such a special election from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector. During the 5 days preceding the close of registration before such a special election, the office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sunday and any legal holidays excepted.

3. The office of the county clerk shall be opened for registration of voters for such special election from and including the 20th day next preceding such election and up to but excluding the 10th day next preceding such election and during regular office hours.

(Added to NRS by 1969, 862 )

NRS 266.3867

NRS

266.3867

Sale of system: Advertisement; sealed bids.

If the resolution adopted proposes to sell the electric light and power system, and a majority of the ballots cast favors such sale, the city council shall advertise the sale of such electric light and power system by notice published at least once a week for 5 consecutive weeks by five weekly insertions a week apart in a newspaper published within the county and having a general circulation in the city. The notice shall require sealed bids, to be accompanied by a certified check for at least 5 percent of the sum bid for the purchase, to be deposited with the city clerk on or before the date stated in the notice. No bids shall be accepted by the city council for a sum less than the amount of the appraisement of the electric light and power system. The council may reject any and all bids.

(Added to NRS by 1969, 863 )

OFFICERS GENERALLY

NRS 268.012

NRS

268.012

Procedure for adoption by reference of specialized or uniform code.

An ordinance which adopts:

1. A specialized or uniform building, plumbing or electrical code printed in the form of a book or pamphlet;

2. Any other specialized or uniform code; or

3. Any portion of such a code,

Ê may adopt it by reference with such changes as may be necessary to make it applicable to conditions in the city, and with such other changes as may be desirable, without the necessity of reading the code at length. The code, upon adoption, need not be published if an adequate number of copies of the code, either typewritten or printed, with the changes, if any, have been filed for use and examination by the public in the office of the city clerk. Notice of the filing must be given by one publication in a newspaper in the city, if there is one, otherwise in some newspaper published in the county with a general circulation in the city, and the copies must be filed, at least 10 days before the passage of the ordinance.

(Added to NRS by 1971, 882 ; A 1983, 364 )

NRS 268.09797

NRS

268.09797

Application for authorization; powers and duties of governing body related to processing applications; requirements for person granted authorization.

1. Except as otherwise provided in subsection 5 of NRS 268.09795 , a person who wishes to offer for rent a residential unit or a room within a residential unit for the purposes of transient lodging in this State independently or using an accommodations facilitator must file a written application for an authorization with the agency, officer or department designated by the city council or other governing body of an incorporated city in the ordinance and in the form set forth in the ordinance adopted pursuant to NRS 268.09795 .

2. Upon receipt of an application for an authorization, the city council or other governing body of an incorporated city may hold a public hearing on the application.

3. Before granting, denying or renewing an authorization, the city council or other governing body of the incorporated city or its designee, as applicable, may conduct any necessary health, safety or fire inspection of the residential unit. The costs of any inspection must be paid by the applicant.

4. The city council or other governing body of the incorporated city or its designee, as applicable, may grant or deny the authorization. If the city council or governing body or its designee grants an authorization, the city council or governing body or its designee, as applicable, shall include such terms and conditions for the rental of the residential unit or a room within the residential unit for the purposes of transient lodging that the city council or governing body or its designee deems necessary for the health and safety of the residents of the incorporated city. The conditions imposed by the city council or governing body or its designee, as applicable, must include, without limitation, provisions stipulating that the holder of the authorization is subject to the oversight and enforcement authority of the city and the local health authority, law enforcement agency and fire department having jurisdiction in the city.

5. A person who is granted an authorization pursuant to this section must, without limitation:

(a) Pay an annual fee for the authorization in an amount established in the ordinance adopted by the city council or other governing body of the incorporated city pursuant to NRS 268.09795 . The city council or governing body, as applicable, may increase the annual fee in an amendment to the ordinance.

(b) Maintain insurance which identifies that the property is used for transient lodging with a minimum liability coverage in an amount set forth in the ordinance adopted pursuant to NRS 268.09795 .

(c) Have a designated local representative who is responsible for the rental and available 24 hours a day, 7 days a week to respond to any issues relating to the residential unit.

(d) Include educational information in the residential unit for any renters, which must include, without limitation, the occupancy limitations for the residential unit, emergency telephone numbers, the telephone number of the designated local representative, safety information, trash requirements, parking rules and noise regulations.

(e) Ensure that the address of the residential unit is clearly visible from the roadway.

(f) Maintain the residential unit in a safe and hazard-free condition, including, without limitation, all mechanical, electrical and plumbing systems within the residential unit.

(g) Ensure that the residential unit is equipped with a fire extinguisher, a smoke alarm or detector and a carbon monoxide alarm or detector.

(Added to NRS by 2021, 2402 )

NRS 268.4101

NRS

268.4101

Regulation and control of electric personal assistive mobility devices.

1. The city council or other governing body of each incorporated city in this State, whether or not organized under general law or special charter, may, to protect the health and safety of the public, enact an ordinance which regulates the time, place and manner of the operation of an electric personal assistive mobility device in the city, including, without limitation, by prohibiting the use of an electric personal assistive mobility device in a specified area of the city.

2. As used in this section, “electric personal assistive mobility device” has the meaning ascribed to it in NRS 482.029 .

(Added to NRS by 2005, 415 )

NRS 268.413

NRS

268.413

City’s building codes and regulations.

Subject to the limitations contained in NRS 244.368 ,

278.02315 , 278.580 , 278.582 ,

278.584 , 278.5846 , 278.586 , 444.340

to 444.430 , inclusive, and 477.030 , the city council or other governing body of an incorporated city may:

1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

2. Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580 , those fees do not apply to the State of Nevada or the Nevada System of Higher Education.

(Added to NRS by 1973, 708 ; A 1991, 1168 ; 1993, 2584 ; 1999, 1065 ; 2007, 1096 , 3099 ;

2009, 833 ; 2015, 1991 ; 2017, 1479 ; 2021, 2346 )

NRS 268.4133

NRS

268.4133

Ordinance regulating battery-charged fences: Requirements; prohibitions.

1. Except as otherwise provided in subsection 3, a city council or other governing body of an incorporated city shall enact ordinances regulating battery-charged fences.

2. An ordinance enacted pursuant to this section must, without limitation, require that a battery-charged fence:

(a) Be located on property that:

(1) Is not designated for residential use; or

(2) Is designated for residential use and:

(I) Is located in a rural zoning area; or

(II) Is governed by the provisions of NRS 278.780 to 278.828 , inclusive;

(b) Use a battery that is not more than 12 volts of direct current;

(c) Have an energizer that meets the most current standards set forth by the International Electrotechnical Commission;

(d) Be surrounded by a nonelectric perimeter fence or wall that is at least 5 feet in height;

(e) Not be higher than 10 feet in height or 2 feet higher than the height of the nonelectric perimeter fence or wall described in paragraph (d), whichever is greater; and

(f) Be marked with conspicuous warning signs that are located on the battery-charged fence at intervals of not more than 40 feet and that read: “WARNING: ELECTRIC FENCE.”

1. A city council or other governing body of an incorporated city, in enacting an ordinance pursuant to this section, may not enact an ordinance that:

(a) Requires a permit for the installation or use of a battery-charged fence that is in addition to any permit that is required to install an alarm system;

(b) Imposes any installation or operational requirement for a battery-charged fence that is inconsistent with the most current standards set forth by the International Electrotechnical Commission; or

(c) Prohibits the installation or use of a battery-charged fence.

1. As used in this section:

(a) “Alarm system” means a device or system that transmits an audible, visual or electronic signal intended to summon or alert law enforcement. The term does not include a system which does not transmit a signal from outside of a building or residence and is intended to alert only occupants of a building or residence.

(b) “Battery-charged fence” means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by a battery.

(Added to NRS by 2023, 1299 )

NRS 268.524

NRS

268.524

Legislative intent.

It is the intent of the Legislature to authorize cities to finance, acquire, own, lease, improve and dispose of properties to:

1. Promote industry and employment and develop trade by inducing manufacturing, industrial, warehousing and other commercial enterprises and organizations for research and development to locate in, remain or expand in this State to further prosperity throughout the State and to further the use of the agricultural products and the natural resources of this State.

2. Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.

3. Protect the health, safety and welfare of the public and promote private industry, commerce and employment in this State by:

(a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which would cause pollution; and

(b) Furnishing energy, including electricity to the public, if available on reasonable demand, and providing facilities to transmit electricity for sale outside the State.

1. Promote the health of residents of the city by enabling a private enterprise to acquire, develop, expand and maintain health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality to those residents at reasonable rates.

2. Promote the social welfare of the residents of the city by enabling corporations for public benefit to acquire, develop, expand and maintain facilities that provide services for those residents.

3. Promote the social welfare of the residents of the city by financing the acquisition, development, construction, improvement, expansion and maintenance of affordable housing in the city.

(Added to NRS by 1967, 1752 ; A 1977, 591 ; 1981, 390 , 1623 ;

1985, 2083 ; 1993, 1477 )

NRS 268.5973

NRS

268.5973

Notice of annexation to public utilities and rural electric cooperatives.

1. Whenever an incorporated city annexes territory in accordance with the provisions of this section and NRS 268.570 to 268.608 , inclusive, the city clerk of the annexing city shall, not less than 10 working days after the adoption of the ordinance approving the annexation, send by certified mail to each public utility and rural electric cooperative operating within the jurisdiction of the incorporated city:

(a) A notice containing the address and legal description of all property in the territory to be annexed;

(b) An accurate map or plat of the territory to be annexed; and

(c) A copy of the ordinance approving the annexation.

1. As used in this section, “public utility” has the meaning ascribed to it in NRS 704.020 .

(Added to NRS by 2019, 570 )

NRS 268.671

NRS

268.671

Notice of annexation to public utilities and rural electric cooperatives.

1. Whenever a city annexes territory in accordance with the provisions of NRS 268.610 to 268.671 , inclusive, the city clerk of the annexing city shall, not less than 10 working days after the adoption of the ordinance approving the annexation, send by certified mail to each public utility and rural electric cooperative operating within the jurisdiction of the city:

(a) A notice containing the address and legal description of all property in the territory to be annexed;

(b) An accurate map or plat of the territory to be annexed; and

(c) A copy of the ordinance approving the annexation.

1. As used in this section, “public utility” has the meaning ascribed to it in NRS 704.020 .

(Added to NRS by 2019, 570 )

CITY BOND LAW

NRS 268.684

NRS

268.684

“Electric project” defined.

“Electric project” means facilities pertaining to a municipal electric heat, light and power system for the generation, transportation and distribution of electrical energy, including without limitation ponds, lakes, dams, spillways, reservoirs, towers, generators, pumping plants, power plants, pumping stations, gauging stations, conduits, transmission lines, engines, boilers, pumps, meters, poles, resistors, transformers, apparatus, tools, equipment, fixtures, structures, buildings and other electric energy generation, transmission and distribution facilities (or any combination thereof).

(Added to NRS by 1973, 998 )

NRS 268.730

NRS

268.730

General powers of governing body.

Except as otherwise provided in NRS 268.086 and

268.088 , any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:

1. A building project;

2. A cemetery project;

3. A communications project;

4. A drainage project or flood control project;

5. An electric project;

6. A fire protection project;

7. A flood management project;

8. A natural gas project;

9. An off-street parking project;

10. An overpass project;

11. A park project;

12. A propane gas project;

13. A recreational project;

14. A refuse project;

15. A sewerage project;

16. A sidewalk project;

17. A street project;

18. A transportation project;

19. An underpass project; and

20. A water project.

(Added to NRS by 1973, 1002 ; A 1997, 2746 ; 2001, 2080 ; 2009, 2740 ; 2013, 304 )

NRS 269.155

NRS

269.155

Enactment; notice; publication; duration of effect.

1. In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall:

(a) Adopt all ordinances, rules and regulations for any unincorporated town; and

(b) Perform all other acts necessary for the execution of the powers and jurisdiction conferred by this chapter.

1. Except as otherwise provided in this section and NRS 269.167 , each ordinance must be:

(a) Signed by the chair of the town board and attested to by the town clerk, or signed by the chair of the board of county commissioners and attested to by the county clerk; and

(b) Published in full in a newspaper published in or having a general circulation in the county at least once a week for 2 weeks before the ordinance is effective.

1. Except as otherwise provided in subsection 4, if the town board or board of county commissioners proposes the adoption of an ordinance for an unincorporated town, the town board or the board of county commissioners shall, not less than 10 days nor more than 20 days before the meeting of the board at which the proposed ordinance is to be adopted or otherwise acted upon, cause the title and a detailed summary of the proposed ordinance to be published in a newspaper published in or having a general circulation in the county.

2. Ordinances relating to the issuance of municipal securities, as that term is defined in the Local Government Securities Law, and ordinances adopting any specialized or uniform codes, including, but not limited to, building, electrical and plumbing codes, printed in book or pamphlet form, may be published by title only, together with the names of the members of the town board or the county commissioners voting for or against their passage, in a newspaper published in or having a general circulation in the county, at least once a week for 2 weeks before the ordinances are effective. Publication by title must set forth a statement indicating that typewritten copies of the ordinance are available for inspection at the office of the town clerk or the county clerk by all interested persons.

3. All ordinances of the town or city that:

(a) Are in effect on the date of the assumption of the town board or board of county commissioners of the powers and duties conferred or imposed by this chapter; and

(b) Are not inconsistent with those powers and duties,

Ê remain in effect and must be enforced until changed or repealed by the board.

[Part 1:48:1881; A 1889, 43 ; 1903, 55 ; 1919, 408 ; 1943, 65 ; 1951, 455 ]—(NRS A 1965, 993 ; 1967, 802 , 1727 ;

1969, 57 ; 1997, 2409 )

NRS 269.170

NRS

269.170

Powers of town board or board of county commissioners; application for certain licenses; imposition of license tax; license tax as lien; exchange of information concerning tax or taxpayer with Department of Taxation.

1. Except as otherwise provided in subsections 5, 6 and 7 and NRS 576.128 , 598D.150 and 640C.100 , the town board or board of county commissioners may, in any unincorporated town:

(a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person so licensed, and all places of business and amusement so licensed, as follows:

(1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.

(2) Bootmakers, cobblers, dressmakers, milliners, shoemakers and tailors.

(3) Boardinghouses, hotels, lodging houses, restaurants and refreshment saloons.

(4) Barrooms, gaming, manufacturers of liquors and other beverages, and saloons.

(5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dance houses, melodeons, menageries, shooting galleries, skating rinks and theaters.

(6) Corrals, hay yards, livery and sale stables and wagon yards.

(7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies and water companies.

(8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.

(9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants, traders and stockbrokers.

(10) Drummers, hawkers, peddlers and solicitors.

(11) Insurance analysts, adjusters and managing general agents and producers of insurance within the limitations and under the conditions prescribed in NRS 680B.020 .

(b) Fix and collect a license tax upon all professions, trades or business within the town not specified in paragraph (a).

1. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

(a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

(b) Another regulatory agency of the State has issued or will issue a license required for this activity.

1. Any license tax levied for the purposes of NRS 244A.597 to 244A.655 , inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.

2. The governing body or the county fair and recreation board may agree with the Department of Taxation for the continuing exchange of information concerning taxpayers.

3. The town board or board of county commissioners shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, “professional” means a person who:

(a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060 , or who is regulated pursuant to the Nevada Supreme Court Rules; and

(b) Practices his or her profession for any type of compensation as an employee.

1. The town board or board of county commissioners shall not require a person to obtain a license or pay a license tax pursuant to this section for a cannabis establishment, as defined in NRS 678A.095 .

2. Except as otherwise provided by regulations adopted by the Cannabis Compliance Board pursuant to NRS 678B.645 , the town board or board of county commissioners shall not license or otherwise allow a person to operate a business that allows cannabis, as defined in NRS 678A.085 , or cannabis products, as defined in NRS 678A.120 , to be consumed on the premises of the business, other than a cannabis consumption lounge, as defined in NRS 678A.087 , in accordance with the provisions of chapter 678B

of NRS.

[Part 1:48:1881; A 1889, 43 ; 1903, 55 ; 1919, 408 ; 1943, 65 ; 1951, 455 ]—(NRS A 1961, 49 ; 1967, 1728 ; 1969, 874 ; 1971, 1922 ; 1983, 122 , 762 ;

1985, 263 ; 1997, 3171 ; 2003, 2895 ; 2005, 734 , 1136 ;

2017, 2404 , 3676 ,

3721 ,

3742 ;

2019, 3860 , 3862 ,

3863 ;

2021, 2384 , 2388 ,

2389 )

NRS 271.097

NRS

271.097

“Electrical project” defined.

“Electrical project” means any facilities for the transmission and distribution of electrical power, either above or beneath the surface of the ground, including lines, poles, conduits, house connections, transformers and related appliances, and all appurtenances and incidentals necessary, useful or desirable for any such facilities (or any combination thereof), including real and other property therefor.

(Added to NRS by 1971, 177 )

NRS 271.199

NRS

271.199

“Renewable energy project” defined.

“Renewable energy project” means any improvement to real property, and facilities and equipment used to generate electricity from renewable energy to offset customer load in whole or in part on the real property, and all appurtenances and incidentals necessary, useful or desirable for any such improvements, facilities and equipment, and which improvement has a useful life, as estimated by a governing body, of not less than 10 years.

(Added to NRS by 2009, 1403 ; A 2017, 1397 )

NRS 271.204

NRS

271.204

“Service facilities” defined.

“Service facilities” means any works or improvements used or useful in providing:

1. Electric or communication service; or

2. Service from a video service network, as that term is defined in NRS 711.145 ,

Ê including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances.

(Added to NRS by 1997, 2493 ; A 2007, 1378 )

NRS 271.2045

NRS

271.2045

“Service provider” defined.

“Service provider” means:

1. A person or corporation subject to the jurisdiction of the Public Utilities Commission of Nevada that provides electric or communication service to the public; and

2. A video service provider, as that term is defined in NRS 711.151 , that provides service from a video service network,

Ê by means of service facilities.

(Added to NRS by 1997, 2493 ; A 2007, 1379 )

NRS 271.265

NRS

271.265

General powers of counties, cities and towns. [Effective through June 30, 2032.]

1. The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) A curb and gutter project;

(b) A drainage project;

(c) An energy efficiency improvement project;

(d) A neighborhood improvement project;

(e) An off-street parking project;

(f) An overpass project;

(g) A park project;

(h) A public safety project;

(i) A renewable energy project;

(j) A sanitary sewer project;

(k) A security wall;

(l) A sidewalk project;

(m) A storm sewer project;

(n) A street project;

(o) A street beautification project;

(p) A transportation project;

(q) An underpass project;

(r) A water project;

(s) A waterfront project;

(t) A waterfront maintenance project; and

(u) Any combination of such projects.

1. In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010 , upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An electrical project;

(b) A telephone project;

(c) A combination of an electrical project and a telephone project;

(d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

(e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

1. In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

2. In addition to the power specified in subsections 1, 2 and 3, if the governing body of a municipality in a county whose population is less than 700,000 complies with the provisions of NRS 271.650 , the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An art project; and

(b) A tourism and entertainment project.

1. In addition to the power specified in this section, if a qualified project is located within the jurisdiction of the municipality, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality, an electrical project for the qualified project, a fire protection project for the qualified project or a rail project for the qualified project.

2. As used in this section, “qualified project” has the meaning ascribed to it in NRS 360.888 or 360.940 .

(Added to NRS by 1965, 1355 ; A 1971, 177 ; 1981, 958 ; 1983, 871 ; 1985, 1484 ; 1997, 2495 ; 1999, 854 , 2865 ;

2001, 2080 ; 2003, 2935 ; 2009, 1403 ; 2011, 1168 ; 2015, 144 ; 2015, 29th Special Session, 37 ; 2017, 2204 , 3808 )

NRS

271.265

General powers of counties, cities and towns. [Effective July 1, 2032, through June 30, 2036.]

1. The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) A curb and gutter project;

(b) A drainage project;

(c) An energy efficiency improvement project;

(d) A neighborhood improvement project;

(e) An off-street parking project;

(f) An overpass project;

(g) A park project;

(h) A public safety project;

(i) A renewable energy project;

(j) A sanitary sewer project;

(k) A security wall;

(l) A sidewalk project;

(m) A storm sewer project;

(n) A street project;

(o) A street beautification project;

(p) A transportation project;

(q) An underpass project;

(r) A water project;

(s) A waterfront project;

(t) A waterfront maintenance project; and

(u) Any combination of such projects.

1. In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010 , upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An electrical project;

(b) A telephone project;

(c) A combination of an electrical project and a telephone project;

(d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

(e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

1. In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

2. In addition to the power specified in subsections 1, 2 and 3, if the governing body of a municipality in a county whose population is less than 700,000 complies with the provisions of NRS 271.650 , the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An art project; and

(b) A tourism and entertainment project.

1. In addition to the power specified in this section, if a qualified project is located within the jurisdiction of the municipality, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality, an electrical project for the qualified project, a fire protection project for the qualified project or a rail project for the qualified project.

2. As used in this section, “qualified project” has the meaning ascribed to it in NRS 360.940 or the former provisions of NRS 360.888 as those provisions existed on June 30, 2032.

(Added to NRS by 1965, 1355 ; A 1971, 177 ; 1981, 958 ; 1983, 871 ; 1985, 1484 ; 1997, 2495 ; 1999, 854 , 2865 ;

2001, 2080 ; 2003, 2935 ; 2009, 1403 ; 2011, 1168 ; 2015, 144 ; 2015, 29th Special Session, 37 ; 2017, 2204 , 3808 , effective July 1, 2032)

NRS

271.265

General powers of counties, cities and towns. [Effective July 1, 2036.]

1. The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) A curb and gutter project;

(b) A drainage project;

(c) An energy efficiency improvement project;

(d) A neighborhood improvement project;

(e) An off-street parking project;

(f) An overpass project;

(g) A park project;

(h) A public safety project;

(i) A renewable energy project;

(j) A sanitary sewer project;

(k) A security wall;

(l) A sidewalk project;

(m) A storm sewer project;

(n) A street project;

(o) A street beautification project;

(p) A transportation project;

(q) An underpass project;

(r) A water project;

(s) A waterfront project;

(t) A waterfront maintenance project; and

(u) Any combination of such projects.

1. In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010 , upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An electrical project;

(b) A telephone project;

(c) A combination of an electrical project and a telephone project;

(d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

(e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

1. In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

2. In addition to the power specified in subsections 1, 2 and 3, if the governing body of a municipality in a county whose population is less than 700,000 complies with the provisions of NRS 271.650 , the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

(a) An art project; and

(b) A tourism and entertainment project.

1. In addition to the power specified in this section, if a qualified project is located within the jurisdiction of the municipality, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality, an electrical project for the qualified project, a fire protection project for the qualified project or a rail project for the qualified project.

2. As used in this section, “qualified project” has the meaning ascribed to it in the former provisions of NRS 360.888 as those provisions existed on June 30, 2032, or the former provisions of NRS 360.940 as those provisions existed on June 30, 2036.

(Added to NRS by 1965, 1355 ; A 1971, 177 ; 1981, 958 ; 1983, 871 ; 1985, 1484 ; 1997, 2495 ; 1999, 854 , 2865 ;

2001, 2080 ; 2003, 2935 ; 2009, 1403 ; 2011, 1168 ; 2015, 144 ; 2015, 29th Special Session, 37 ; 2017, 2204 , 3808 , effective July 1, 2036)

NRS 271.6308

NRS

271.6308

“Renewable energy project” defined.

“Renewable energy project” means any improvement to real property, and facilities and equipment used to generate electricity from renewable energy to offset customer load in whole or in part on the real property, or to support the production of renewable or thermal energy including, without limitation, energy storage, and all appurtenances and incidentals necessary, useful or desirable for any such improvements, facilities and equipment, and which improvement has a useful life of not less than 10 years.

(Added to NRS by 2021, 3243 )

NRS 271.6309

NRS

271.6309

“Resiliency project” defined.

“Resiliency project” means an improvement to real property, facilities or equipment with a useful life of not less than 10 years that:

1. Increases a building’s structural resiliency for seismic events;

2. Improves indoor air quality;

3. Improves wind and fire resistance;

4. Improves stormwater quality or reduces on-site or off-site risk of flash flooding;

5. Improves or enhances the ability of a building to withstand an electrical outage;

6. Reduces or mitigates the urban heat island effect or the effects of extreme heat;

7. Reduces any other environmental hazard identified by a municipality; or

8. Enhances the surrounding environment in which the real property is located.

(Added to NRS by 2021, 3243 )

NRS 271.850

NRS

271.850

Requirements for placement of service facilities underground; calculation of costs for conversion.

1. The service facilities within the boundaries of each lot within a district to finance an underground conversion project established pursuant to NRS 271.800

must be placed underground at the same time as or after the underground system in private easements and public places is placed underground. The service provider involved, directly or through a contractor, shall, in accordance with the rules and regulations of the service provider, but subject to the regulations of the Public Utilities Commission of Nevada and any other applicable laws, ordinances, rules or regulations of the municipality or any other public agency under the police power, convert to underground its facilities on any such lot:

(a) For service facilities that provide electric service, up to the service entrance.

(b) For service facilities that provide communication service or service from a video service network, as that term is defined in NRS 711.145 , up to the connection point within the house or structure.

1. All costs or expenses of conversion must be included in the cost on which the cost of the underground conversion for that property is calculated.

2. As used in this section, “lot” includes any portion, piece or parcel of land.

(Added to NRS by 1997, 2494 ; A 2007, 1379 )

NRS 278.0103

NRS

278.0103

“Aboveground utility” defined.

“Aboveground utility” means an aboveground electric transmission line which is designed to operate at 200 kilovolts or more and which has been approved for construction after October 1, 1991, by the State or Federal Government or a governing body.

(Added to NRS by 2013, 3213 )

NRS 278.0157

NRS

278.0157

“Infrastructure” and “public facilities” defined.

“Infrastructure” or “public facilities” means facilities and the structure or network used for the delivery of goods, services and public safety. The term includes, without limitation, communications facilities, facilities for the transmission and distribution of electricity and natural gas, water systems, sanitary sewer systems, storm sewer systems, streets and roads, traffic control systems, sidewalks, parks and trails, recreational facilities, fire, police and flood protection and all related appurtenances, equipment and employee costs.

(Added to NRS by 1999, 3363 ; A 2015, 311 )

NRS 278.01735

NRS

278.01735

“Renewable energy generation project” defined.

“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. 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 2009, 2280 )

NRS 278.0195

NRS

278.0195

“Utility project” defined.

“Utility project” means:

1. An electric transmission line which is designed to operate at 200 kilovolts or more; or

2. A line used to transport natural gas which operates at 20 percent or more of the specified minimum yield strength of the material from which the line is constructed,

Ê which has been approved for construction after October 1, 1991, by the State or Federal Government or a governing body.

(Added to NRS by 1993, 2558 )

NRS 278.026

NRS

278.026

Definitions.

As used in NRS 278.026 to 278.029 , inclusive, unless the context otherwise requires:

1. “Affected entity” means a public utility, franchise holder, local or regional agency, or any other entity having responsibility for planning or providing public facilities relating to transportation, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality or public education. The term does not include:

(a) A state agency; or

(b) A public utility which is subject to regulation by the Public Utilities Commission of Nevada.

1. “Facilities plan” means a plan for the development of public facilities which will have a regional impact or which will aid in accomplishing regional goals relating to transportation, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality or public education. The term does not include a plan for the development of a specific site or regulations adopted by an affected entity to implement the comprehensive regional plan.

2. “Governing board” means the governing board for regional planning created pursuant to NRS 278.0264 .

3. “Joint planning area” means an area that is the subject of common study and planning by the governing body of a county and one or more cities.

4. “Project of regional significance,” with respect to a project proposed by any person other than a public utility, means a project which:

(a) Has been identified in the guidelines of the regional planning commission as a project which will result in the loss or significant degradation of a designated historic, archeological, paleontological, cultural or scenic resource;

(b) Has been identified in the guidelines of the regional planning commission as a project which will result in the creation of significant new geothermal or mining operations;

(c) Has been identified in the guidelines of the regional planning commission as a project which will have a significant effect on the natural resources, public services, public facilities, including, without limitation, schools, or the adopted regional form of the region; or

(d) Will require a change in zoning, a special use permit, an amendment to a master plan, a tentative map or other approval for the use of land which, if approved, will have an effect on the region of increasing:

(1) Employment by not less than 938 employees;

(2) Housing by not less than 625 units;

(3) Hotel accommodations by not less than 625 rooms;

(4) Sewage by not less than 187,500 gallons per day;

(5) Water usage by not less than 625 acre feet per year; or

(6) Traffic by not less than an average of 6,250 trips daily.

Ê The term does not include any project for which a request for an amendment to a master plan, a change in zoning, a tentative map or a special use permit has been approved by the local planning commission before June 17, 1989.

1. “Project of regional significance,” with respect to a project proposed by a utility, includes:

(a) An electric substation;

(b) A transmission line that carries 60 kilovolts or more;

(c) A facility that generates electricity greater than 5 megawatts;

(d) Natural gas storage and peak shaving facilities; and

(e) Gas regulator stations and mains that operate over 100 pounds per square inch.

1. “Sphere of influence” means an area into which a city plans to expand as designated in the comprehensive regional plan within the time designated in the comprehensive regional plan.

(Added to NRS by 1989, 759 ; A 1991, 1733 ; 1995, 2662 ; 1997, 1981 ; 1999, 2124 ; 2005, 1586 ; 2009, 378 )

NRS 278.160

NRS

278.160

Elements of master plan.

1. Except as otherwise provided in this section and NRS 278.150 and 278.170 , the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following elements or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

(a) A conservation element, which must include:

(1) A conservation plan for the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The conservation plan must also indicate the maximum tolerable level of air pollution.

(2) A solid waste disposal plan showing general plans for the disposal of solid waste.

(b) A historic preservation element, which must include:

(1) A historic neighborhood preservation plan which:

(I) Must include, without limitation, a plan to inventory historic neighborhoods and a statement of goals and methods to encourage the preservation of historic neighborhoods.

(II) May include, without limitation, the creation of a commission to monitor and promote the preservation of historic neighborhoods.

(2) A historical properties preservation plan setting forth an inventory of significant historical, archaeological, paleontological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

(c) A housing element, which must include, without limitation:

(1) An inventory of housing conditions and needs, and plans and procedures for improving housing standards and providing adequate housing to individuals and families in the community, regardless of income level.

(2) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.

(3) An analysis of projected growth and the demographic characteristics of the community.

(4) A determination of the present and prospective need for affordable housing in the community.

(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

(6) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:

(I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and

(II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.

(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community for a period of at least 5 years.

(d) A land use element, which must include:

(1) Provisions concerning community design, including standards and principles governing the subdivision of land and suggestive patterns for community design and development.

(2) A land use plan, including an inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:

(I) Must, if applicable, address mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts. The land use plan must also, if applicable, address the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

(II) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355 .

(3) In any county whose population is 700,000 or more, a rural neighborhoods preservation plan showing general plans to preserve the character and density of rural neighborhoods.

(e) A public facilities and services element, which must include:

(1) An economic plan showing recommended schedules for the allocation and expenditure of public money to provide for the economical and timely execution of the various components of the plan.

(2) A population plan setting forth an estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

(3) An aboveground utility plan that shows corridors designated for the construction of aboveground utilities and complies with the provisions of NRS 278.165 .

(4) Provisions concerning public buildings showing the locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

(5) Provisions concerning public services and facilities showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145 . If a public utility which provides electric service notifies the planning commission that a new transmission line or substation will be required to support the master plan, those facilities must be included in the master plan. The utility is not required to obtain an easement for any such transmission line as a prerequisite to the inclusion of the transmission line in the master plan.

(6) A school facilities plan showing the general locations of current and future school facilities based upon information furnished by the appropriate county school district.

(f) A recreation and open space element, which must include a recreation plan showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

(g) A safety element, which must include:

(1) In any county whose population is 700,000 or more, a safety plan identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The safety plan may set forth policies for avoiding or minimizing the risks from those hazards.

(2) A seismic safety plan consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

(h) A transportation element, which must include:

(1) A streets and highways plan showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

(2) A transit plan showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.

(3) A transportation plan showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The transportation plan may also include port, harbor, aviation and related facilities.

(i) An urban agricultural element, which must include a plan to inventory any vacant lands or other real property owned by the city or county and blighted land in the city or county to determine whether such lands are suitable for urban farming and gardening. The plan to inventory any vacant lands or other real property may include, without limitation, any other real property in the city or county, as deemed appropriate by the commission.

1. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other elements as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630 , inclusive, prohibits the preparation and adoption of any such element as a part of the master plan.

[Part 8:110:1941; A 1947, 834 ; 1943 NCL § 5063.07]—(NRS A 1973, 141 , 1242 ,

1825 ;

1989, 149 ; 1991, 954 , 1402 ;

1995, 2226 ; 1997, 3249 ; 1999, 2471 , 3367 ;

2001, 742 , 1680 ;

2005, 1589 , 1820 ;

2007, 343 , 1518 ;

2009, 379 , 2761 ;

2011, 1183 ; 2013, 1499 , 3220 ;

2015, 316 ; 2017, 1354 , 2046 ;

2021, 1984 )

NRS 278.329

NRS

278.329

Relief from requirement to dedicate certain easements.

A governing body or its authorized representative may relieve a person who proposes to divide land pursuant to NRS 278.360 to 278.460 , inclusive, or 278.471 to 278.4725 , inclusive, from the requirement to dedicate easements to public utilities that provide gas, electric, telecommunications, water and sewer services and any video service providers pursuant to paragraph (d) or (e) of subsection 9 of NRS 278.372 or paragraph (c) or (d) of subsection 4 of NRS 278.472 if the person demonstrates to the public body or its authorized representative that there is not an essential nexus to the public purpose for the dedication and the dedication is not roughly proportional in nature and extent to the impact of the proposed development.

(Added to NRS by 2003, 2345 ; A 2007, 1379 )

NRS 278.372

NRS

278.372

Final map: Requirements and contents.

1. The final map must be clearly and legibly drawn in permanent black ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the final map with permanent black ink.

2. The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.

3. The scale of the final map must be large enough to show all details clearly. The final map must have a sufficient number of sheets to accomplish this end.

4. Each sheet of the final map must indicate its particular number, the total number of sheets in the final map and its relation to each adjoining sheet.

5. The final map must show all surveyed and mathematical information and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including the bearings and distances of straight lines, central angle, radii and arc length for all curves and such information as may be necessary to determine the location of the centers of curves.

6. Each lot must be numbered or lettered.

7. Each street must be named, and each block may be numbered or lettered.

8. The exterior boundary of the land included within the subdivision must be indicated by graphic border.

9. The final map must show:

(a) The definite location of the subdivision, particularly its relation to surrounding surveys.

(b) The area of each lot and the total area of the land in the subdivision in the following manner:

(1) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

(2) In square feet if the area is less than 2 acres.

(c) Any roads or easements of access which the owner intends to offer for dedication.

(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide gas, electric and telecommunications services and for any video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network in that area.

(e) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide water and sewer services.

1. The final map for a condominium must also indicate, for the purpose of assessing taxes, whether any garage units, parking spaces or storage units may be conveyed separately from the units within the condominium or are parceled separately from those units. As used in this subsection, “condominium” has the meaning ascribed to it in NRS 116.027 .

2. The final map must also satisfy any additional survey and map requirements, including the delineation of Nevada state plane coordinates established pursuant to chapter 327 of NRS, for any corner of the subdivision or any other point prescribed by the local ordinance.

[Part 26:110:1941; 1931 NCL § 5063.25]—(NRS A 1960, 137 ; 1973, 1830 ; 1977, 1502 ; 1985, 896 ; 1991, 827 ; 1993, 1197 , 2566 ;

2003, 2345 ; 2005, 2669 ; 2007, 1379 )

NRS 278.4713

NRS

278.4713

Preparation, contents and filing of tentative map; affidavit required.

1. Unless the filing of a tentative map is waived, a person who proposes to make a division of land pursuant to NRS 278.471 to 278.4725 , inclusive, must first:

(a) File a tentative map for the area in which the land is located with the planning commission or its designated representative or with the clerk of the governing body if there is no planning commission;

(b) Submit an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923 , if applicable, by the person who proposes to make a division of land or any successor in interest; and

(c) Pay a filing fee of no more than $750 set by the governing body.

1. This map must be:

(a) Entitled “Tentative Map of Division into Large Parcels”; and

(b) Prepared and certified by a professional land surveyor.

1. This map must show:

(a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.

(b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.

(c) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide gas, electric and telecommunications services and for any video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network in that area.

(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide water and sewer services.

(e) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

(f) An indication of any existing road or easement which the owner does not intend to dedicate.

(g) The name and address of the owner of the land.

1. The planning commission and the governing body or its authorized representative shall not approve the tentative map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923 , if applicable, by the person proposing to divide the land or any successor in interest.

(Added to NRS by 1979, 1504 ; A 1989, 794 ; 1993, 2574 ; 1997, 2429 ; 1999, 895 ; 2003, 2347 ; 2007, 1381 ; 2009, 1117 ; 2021, 1359 )

NRS 278.472

NRS

278.472

Final map: Filing; form and contents.

1. After the planning commission or the governing body or its authorized representative has approved the tentative map or waived the requirement of its filing, or 60 days after the date of its filing, whichever is earlier, the person who proposes to divide the land may file a final map of the division with the governing body or its authorized representative or, if authorized by the governing body, with the planning commission. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

2. This map must be:

(a) Entitled “Map of Division into Large Parcels.”

(b) Filed with the governing body or its authorized representative or, if authorized by the governing body, with the planning commission not later than 1 year after the date that the tentative map was first filed with the planning commission or the governing body or its authorized representative or that the requirement of its filing was waived.

(c) Prepared by a professional land surveyor.

(d) Based upon an actual survey by the preparer and show the date of the survey and contain the certificate of the surveyor required pursuant to NRS 278.375 .

(e) Clearly and legibly drawn in permanent black ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for this purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with permanent black ink.

(f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.

(g) Of scale large enough to show clearly all details.

1. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.

2. This map must show and define:

(a) All subdivision lots by the number and actual acreage of each lot.

(b) Any roads or easements of access which exist and which the owner intends to offer for dedication, any roads or easements of access which are shown on the applicable master plan and any roads or easements of access which are specially required by the planning commission or the governing body or its authorized representative.

(c) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide gas, electric and telecommunications services and for any video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network in that area.

(d) Except as otherwise provided in NRS 278.329 , an easement for public utilities that provide water and sewer services.

(e) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

(Added to NRS by 1979, 1505 ; A 1989, 502 , 795 ;

1991, 280 , 1384 ;

1993, 2575 ; 1997, 2430 ; 2003, 2348 ; 2007, 1382 )

NRS 278.583

NRS

278.583

National Electrical Code: Applicability; approval; modification.

1. After January 1, 1974, any construction, alteration or change in the use of a building or other structure in this State by any person, firm, association or corporation, whether public or private, must be in compliance with the technical provisions of the National Electrical Code of the National Fire Protection Association in the form most recently approved by the governing body of the city or county in which the building or other structure is located. The governing body of each city or county shall review each edition of the National Electrical Code that is published by the National Fire Protection Association after the 1996 edition to ensure its suitability for that city or county. Each new edition of the code shall be deemed approved by the governing body of each city or county unless the edition is disapproved by that governing body within 60 days after the date of publication by the National Fire Protection Association.

2. Any city or county within the State may adopt such modifications of the code as are deemed reasonably necessary, if such modifications do not reduce the standards established in the code.

(Added to NRS by 1973, 1140 ; A 1975, 1196 ; 1985, 373 ; 1997, 2483 )

NRS 293.5837

NRS

293.5837

Methods and procedures for registering by computer during certain periods and appearing in person to vote at polling place for early voting or on election day; casting of provisional ballot under certain circumstances.

1. An elector may register to vote in the county or city, as applicable, in which the elector is eligible to vote by submitting an application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 before the elector appears at a polling place described in subsection 2 to vote in person.

2. If an elector submits an application to register to vote pursuant to this section less than 14 days before the election, the elector may vote only in person:

(a) During the period for early voting, at any polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote; or

(b) On the day of the election, at:

(1) A polling place established pursuant to NRS 293.3072 or 293C.3032 in the county or city, as applicable, in which the elector is eligible to vote; or

(2) The polling place for his or her election precinct.

1. To vote in person, an elector who submits an application to register to vote pursuant to this section must:

(a) Appear before the close of polls at a polling place described in subsection 2;

(b) Inform an election board officer that, before appearing at the polling place, the elector submitted an application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 ; and

(c) Except as otherwise provided in subsection 4, provide his or her current and valid driver’s license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the elector’s identity and residency.

1. If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the elector’s current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:

(a) A military identification card;

(b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;

(c) A bank or credit union statement;

(d) A paycheck;

(e) An income tax return;

(f) A statement concerning the mortgage, rental or lease of a residence;

(g) A motor vehicle registration;

(h) A property tax statement; or

(i) Any other document issued by a governmental agency.

1. Subject to final verification, if an elector submits an application to register to vote and appears at a polling place to vote in person pursuant to this section:

(a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:

(1) The determination that the elector submitted the application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 and that the application to register to vote is complete; and

(2) The verification of the elector’s identity and residency pursuant to this section.

(b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:

(1) May vote in the election only at that polling place;

(2) Must vote as soon as practicable and before leaving that polling place; and

(3) Must vote by casting a provisional ballot, unless it is verified, at that time, that the elector is qualified to register to vote and to cast a regular ballot in the election at that polling place.

(Added to NRS by 2019, 4053 ; A 2020, 32nd Special Session, 47 ; 2021, 1237 )

NRS 293.5842

NRS

293.5842

Methods and procedures for registering and voting in person at polling place for early voting; casting of provisional ballot under certain circumstances.

1. Notwithstanding the close of any method of registration for an election pursuant to NRS 293.560 or 293C.527 , an elector may register to vote in person at any polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote.

2. To register to vote in person during the period for early voting, an elector must:

(a) Appear before the close of polls at a polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote.

(b) Complete the application to register to vote by a method authorized by the county or city clerk pursuant to this paragraph. The county or city clerk shall authorize at least one of the following methods for a person to register to vote pursuant to this paragraph:

(1) A paper application; or

(2) The system established by the Secretary of State pursuant to NRS 293.671 .

Ê If the county or city clerk authorizes the use of both methods, the county or city clerk may limit the use of one method to circumstances when the other method is not reasonably available.

(c) Except as otherwise provided in subsection 3, provide his or her current and valid driver’s license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the elector’s identity and residency.

1. If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the elector’s current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:

(a) A military identification card;

(b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;

(c) A bank or credit union statement;

(d) A paycheck;

(e) An income tax return;

(f) A statement concerning the mortgage, rental or lease of a residence;

(g) A motor vehicle registration;

(h) A property tax statement; or

(i) Any other document issued by a governmental agency.

1. Subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:

(a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:

(1) The determination that the application to register to vote is complete; and

(2) The verification of the elector’s identity and residency pursuant to this section.

(b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:

(1) May vote in the election only at that polling place;

(2) Must vote as soon as practicable and before leaving that polling place; and

(3) Must vote by casting a provisional ballot, unless it is verified, at that time, that the elector is qualified to register to vote and to cast a regular ballot in the election at that polling place.

(Added to NRS by 2019, 4054 ; A 2021, 3841 )

NRS 293.5847

NRS

293.5847

Methods and procedures for registering and voting in person at polling place on election day; casting of provisional ballot.

1. Notwithstanding the close of any method of registration for an election pursuant to NRS 293.560 or 293C.527 , an elector may register to vote in person on the day of the election at any polling place in the county or city, as applicable, in which the elector is eligible to vote.

2. To register to vote on the day of the election, an elector must:

(a) Appear before the close of polls at a polling place in the county or city, as applicable, in which the elector is eligible to vote.

(b) Complete the application to register to vote by a method authorized by the county or city clerk pursuant to this paragraph. The county or city clerk shall authorize at least one of the following methods for a person to register to vote pursuant to this paragraph:

(1) A paper application; or

(2) The system established by the Secretary of State pursuant to NRS 293.671 .

Ê If the county or city clerk authorizes the use of both methods, the county or city clerk may limit the use of one method to circumstances when the other method is not reasonably available.

(c) Except as otherwise provided in subsection 3, provide his or her current and valid driver’s license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the elector’s identity and residency.

1. If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the elector’s current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:

(a) A military identification card;

(b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;

(c) A bank or credit union statement;

(d) A paycheck;

(e) An income tax return;

(f) A statement concerning the mortgage, rental or lease of a residence;

(g) A motor vehicle registration;

(h) A property tax statement; or

(i) Any other document issued by a governmental agency.

1. Subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:

(a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:

(1) The determination that the application to register to vote is complete; and

(2) The verification of the elector’s identity and residency pursuant to this section.

(b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:

(1) May vote in the election only at that polling place;

(2) Must vote as soon as practicable and before leaving that polling place; and

(3) Must vote by casting a provisional ballot.

(Added to NRS by 2019, 4055 ; A 2021, 3842 )

NRS 315.510

NRS

315.510

Tenant selection: Preferences.

In the operation or management of housing projects, an authority shall at all times observe the following duties with respect to rentals and tenant admissions:

1. It may rent or lease the dwelling accommodations therein only to persons of low income and, as among low-income persons who are eligible applicants for occupancy in dwellings of given sizes and at specified rents, shall extend the following preferences in the selection of tenants:

(a) First: To families who are to be displaced by any low-rent housing project or by any public slum clearance or redevelopment project initiated after January 1, 1947, or who were so displaced within 3 years before making application on authority for admission to any low-rent housing. Among such families, first preference must be given to families of veterans with a disability whose disability has been determined by the Department of Veterans Affairs to be service connected, second preference must be given to families of deceased veterans and servicemen or servicewomen whose death has been determined by the Department of Veterans Affairs to be service connected, and third preference must be given to families of other veterans and servicemen or servicewomen.

(b) Second: To families of other veterans and servicemen or servicewomen. Among such families, first preference must be given to families of veterans with a disability whose disability has been determined by the Department of Veterans Affairs to be service connected, and second preference must be given to families of deceased veterans and servicemen or servicewomen whose death has been determined by the Department of Veterans Affairs to be service connected.

1. It may rent or lease to a tenant dwelling accommodations consisting of a number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.

2. An authority shall not accept any person or persons as tenants in any housing project if the person or persons who occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $200 for each minor member of the family other than the head of the family and his or her spouse, in excess of seven times the annual rental of the quarters to be furnished such person or persons, but an authority may agree to conditions as to tenant eligibility or preference required by the Federal Government pursuant to federal law in any contract for financial assistance with the authority. In computing the rental for this purpose of admitting tenants, there must be included in the rental the average annual cost, as determined by the authority, to occupants of heat, water, electricity, gas, cooking fuel and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental.

[Part 9:253:1947; A 1951, 12 ]—(NRS A 1967, 1268 ; 1995, 1086 )

NRS 315.994

NRS

315.994

Tenant selection.

1. In the operation or management of its housing projects, the Authority shall at all times observe the following duties with respect to rentals and tenant admissions:

(a) It may rent or lease the dwelling accommodations therein only to persons of low and moderate income.

(b) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.

(c) It shall not accept any person or persons as tenants in any housing project if the person or persons who occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $200 for each minor member of the family other than the head of the family and his or her spouse, in excess of 7 times the annual rental of the quarters to be furnished such person or persons; but the Authority may agree to conditions as to tenant eligibility or preference required by the Federal Government pursuant to federal law in any contract for financial assistance with the Authority. In computing the rental for this purpose of admitting tenants, there shall be included in the rental the average annual cost, as determined by the Authority, to occupants of heat, water, electricity, gas, cooking fuel, and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental.

1. The requirements of this section do not apply to a housing project developed, operated or managed by a business entity.

(Added to NRS by 1973, 620 ; A 2005, 224 ; 2021, 1092 )

NRS 318.083

NRS

318.083

Membership of board of trustees of certain districts that furnish electric light and power in a county whose population is 700,000 or more.

1. Notwithstanding any provision of law to the contrary, the board of trustees of a district organized or reorganized pursuant to this chapter that exists on July 1, 2009, that is authorized only to exercise the basic power of furnishing electric light and power pursuant to NRS 318.117 in a county whose population is 700,000 or more, and for which the board of county commissioners of the county is not ex officio the board of trustees, shall consist of seven trustees.

2. The members of the board of trustees described in subsection 1 must be selected as follows:

(a) One member who is elected by the qualified electors of the largest incorporated city in the district at the first biennial election following July 1, 2009. The term of office of a trustee who is elected pursuant to this paragraph is 4 years.

(b) One member who is elected by the qualified electors of the district at the first biennial election following July 1, 2009. The initial term of office of a trustee who is elected pursuant to this paragraph is 2 years. After the initial term, the term of office of a trustee who is elected pursuant to this paragraph is 4 years.

(c) Five members who are elected from the election areas in the district created pursuant to NRS 318.0952 that existed on July 1, 2009, each of whom serves for a term of 4 years.

1. Each member of the board of trustees must be a resident of the area which he or she seeks to represent.

2. A majority of the members of the board constitutes a quorum at any meeting.

(Added to NRS by 2009, 2245 ; A 2011, 1213 )

NRS 318.116

NRS

318.116

Basic powers which may be granted to district.

Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:

1. Furnishing electric light and power, as provided in NRS 318.117 ;

2. Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or Fasciola hepatica , as provided in NRS 318.118 ;

3. Furnishing facilities or services for public cemeteries, as provided in NRS 318.119 ;

4. Furnishing facilities for swimming pools, as provided in NRS 318.1191 ;

5. Furnishing facilities for television, as provided in NRS 318.1192 ;

6. Furnishing facilities for FM radio, as provided in NRS 318.1187 ;

7. Furnishing streets and alleys, as provided in NRS 318.120 ;

8. Furnishing curbs, gutters and sidewalks, as provided in NRS 318.125 ;

9. Furnishing sidewalks, as provided in NRS 318.130 ;

10. Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135 ;

11. Furnishing sanitary facilities for sewerage, as provided in NRS 318.140 ;

12. Furnishing facilities for lighting streets, as provided in NRS 318.141 ;

13. Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142 ;

14. Furnishing recreational facilities, as provided in NRS 318.143 ;

15. Furnishing facilities for water, as provided in NRS 318.144 ;

16. Furnishing fencing, as provided in NRS 318.1195 ;

17. Furnishing facilities for protection from fire, as provided in NRS 318.1181 ;

18. Furnishing energy for space heating, as provided in NRS 318.1175 ;

19. Furnishing emergency medical services, as provided in NRS 318.1185 ;

20. Control of noxious weeds, as provided in chapter 555 of NRS; and

21. Establishing, controlling, managing and operating an area or zone for the preservation of one or more species or subspecies of wildlife that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., as provided in NRS 318.1177 .

(Added to NRS by 1967, 1693 ; A 1969, 201 ; 1971, 261 ; 1977, 533 ; 1979, 571 ; 1985, 1803 ; 1989, 1881 ; 1993, 2783 ; 1995, 179 , 1905 ;

1997, 483 ; 2001, 2083 ; 2003, 1513 ; 2015, 3593 )

NRS 318.117

NRS

318.117

Electric light and power.

If a district is created, wholly or in part, to furnish electric light and power, the board may:

1. Acquire, by purchase, condemnation or other legal means, all lands, rights and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including, without limitation, the plant, works, system, facilities or properties, together with all parts thereof, the appurtenances thereto, including contract rights, used and useful primarily for the production, transmission or distribution of electric energy to or for the public for any purpose, works constructed and being constructed by private owners, and all other works and appurtenances, either within or without the State of Nevada.

2. Furnish, deliver and sell to the public, and to any municipality and to the State and any public institution, heat, light and power service and any other service, commodity or facility which may be produced or furnished in connection therewith.

3. Purchase generating capacity on the terms set forth in subsection 3 of NRS 244A.699 .

(Added to NRS by 1967, 1693 ; A 1985, 642 ; 2001, 2083 )

NRS 318.141

NRS

318.141

Lighting of streets.

The board shall have the power to acquire, construct, reconstruct, improve, extend or better a works, system or facilities for lighting public streets, ways and places. It may also, without calling for bids, contract for providing such facilities and the electrical current necessary therefor, or such current, with any public utility serving in the district, at uniform rates and charges established for the utility operator.

(Added to NRS by 1963, 626 )

NRS 318.197

NRS

318.197

Rates, tolls and charges; liens; regulations governing connection and disconnection for facilities and services of district; collection of charges and penalties.

1. The board may fix, and from time to time increase or decrease, electric energy, cemetery, swimming pool, other recreational facilities, television, FM radio, sewer, water, storm drainage, flood control, snow removal, lighting, garbage or refuse rates, tolls or charges other than special assessments, including, but not limited to, service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and pledge the revenue for the payment of any indebtedness or special obligations of the district.

2. Upon compliance with subsection 9 and until paid, all rates, tolls or charges constitute a perpetual lien on and against the property served. A perpetual lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments and is not subject to extinguishment by the sale of any property on account of nonpayment of any liens, claims and titles including the liens of general taxes and special assessments. A perpetual lien must be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any lien is foreclosed, the board shall hold a hearing thereon after providing notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his or her last known address according to the records of the district and the real property assessment roll in the county in which the property is located.

3. The board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.

4. The board may provide for the collection of charges. Provisions may be made for, but are not limited to:

(a) The granting of discounts for prompt payment of bills.

(b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 year’s charges from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which services and facilities are to be used. In case of nonpayment of all or part of a bill, the deposits or prepaid charges must be applied only insofar as necessary to liquidate the cumulative amount of the charges plus penalties and cost of collection.

(c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.

1. The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty must not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty, the board may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. The board may prescribe and enforce regulations that set forth the date on which a charge becomes delinquent. The board may provide for collection of the penalties provided for in this section.

2. The board may provide that charges for any service must be collected together with and not separately from the charges for any other service rendered by it, and that all charges must be billed upon the same bill and collected as one item.

3. The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by the person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by the person, firm or corporation pursuant to a contract is not paid and if the person, firm or corporation renders any public utility service to the person billed, the person, firm or corporation may discontinue its utility service until the bill is paid, and the contract between the board and the person, firm or corporation may so provide.

4. As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.

5. A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:

(a) Mailed to the last known owner at his or her last known address according to the records of the district and the real property assessment roll of the county in which the property is located;

(b) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;

(c) Recorded by the county recorder in a book kept by the county recorder for the purpose of recording instruments encumbering land; and

(d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.

(Added to NRS by 1959, 465 ; A 1963, 632 ; 1967, 1700 ; 1969, 95 ; 1971, 187 , 1054 ;

1975, 137 ; 1977, 542 ; 1991, 1708 ; 1995, 1906 ; 1997, 452 ; 2005, 727 )

NRS 318.258

NRS

318.258

Inclusion.

The boundaries of a district may be enlarged by the inclusion of additional real property therein in the following manner:

1. The fee owner or owners of any real property capable of being served with facilities of the district may file with the board a petition in writing praying that such property be included in the district.

2. The petition shall:

(a) Set forth an accurate legal description of the property owned by the petitioners.

(b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee owners of such property.

(c) Be acknowledged in the same manner required for a conveyance of land.

1. There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in case of fraud or misrepresentation.

2. The board shall hear the petition at an open meeting after publishing the notice of the filing of such petition, and of the place, time and date of such meeting, and the names and addresses of the petitioners. The board shall grant or deny the petition and the action of the board is final and conclusive. If the petition is granted as to all or any of the real property therein described, the board shall make an order to that effect, and file it for record as provided in NRS 318.075 .

3. If the costs of extending the facilities of the district are paid by the property owners of the area to be included within the district, these property owners are entitled to receive any money charged and collected by the district when additional property owners utilize the facilities which were extended.

4. The board of trustees of the district shall pay to the property owners pro rata shares of the money charged and collected.

5. After the date of its inclusion in such district, such property is subject to all of the taxes and charges imposed by the district, and is liable for its proportionate share of existing general obligation bonded indebtedness of the district; but it is not liable for any taxes or charges levied or assessed prior to its inclusion in the district, nor shall its entry into the district be made subject to or contingent upon the payment or assumption of any penalty, toll or charge, other than any reasonable annexation charge which the board may fix and uniformly assess and the tolls and charges which are uniformly made, assessed or levied for the entire district. Such charges shall be computed in such a manner as not to place a new charge against the district members nor penalize the area annexed.

6. In any district within the region of any interstate compact relating to planning, when any petition for the inclusion of property into any district is denied, the petitioner may appeal the denial to the board of county commissioners of the county in which such district is located, which shall review such denial and may, in its discretion, order that such property be included in the district.

7. The board of county commissioners of any county in which a district is located may by ordinance require the district to include additional real property within its boundaries if:

(a) The inclusion is required by a federal law or regulation issued thereunder;

(b) The district can provide the services required by the owners of the real property; and

(c) The owners of the real property pay the costs of providing the facilities.

(Added to NRS by 1967, 1611 ; A 1971, 189 ; 1977, 545 )

ANNEXATION OF TERRITORY BY DISTRICT CREATED TO FURNISH ELECTRICITY

NRS 318.262

NRS

318.262

Petition to enlarge district; approval of annexation by governing body of city required.

1. The boundaries of a district created wholly or in part to furnish electric light and power may be enlarged by the inclusion of additional real property by a petition, if the real property is capable of being served with the facilities of the district and the petition:

(a) Prays that the additional real property be included in the district;

(b) Is signed by at least 75 percent of the owners in fee of the real property in the territory; and

(c) Is filed with the board of trustees of the district.

1. The boundaries of any district expanded pursuant to the provisions of NRS 318.261

to 318.272 , inclusive, must not include any territory of any incorporated city unless the governing body of the incorporated city has approved the annexation of that territory.

(Added to NRS by 1989, 1598 )

NRS 318.269

NRS

318.269

Liability of included real property for taxes, charges and bonded indebtedness of district; exceptions.

After the date of its inclusion in a district created wholly or in part to furnish electric light and power, the real property is subject to all of the taxes and charges imposed by the district and is liable for its proportionate share of existing general obligation bonded indebtedness of the district. The property is not liable for any taxes or charges levied or assessed before its inclusion in the district. Entry of the property into the district may not be subject to or contingent upon the payment or assumption of any penalty, toll or charge, other than any reasonable annexation charge which the board may fix and uniformly assess and the tolls and charges which are uniformly made, assessed or levied for the entire district. Any charge imposed must be computed in a manner that does not impose a new charge on the members of the district and must not penalize the members of the territory to be annexed.

(Added to NRS by 1989, 1599 )

NRS 318.271

NRS

318.271

Appeal of denied petition to board of county commissioners.

When any petition for the inclusion of property into a district created wholly or in part to furnish electric light and power is denied, the petitioner may appeal the denial to the board of county commissioners of the county in which the district is located. The board of county commissioners shall review the denial and may, in its discretion and upon a finding that inclusion would be in the best interests of the district and the petitioners, order that the property be included in the district.

(Added to NRS by 1989, 1600 )

NRS 331.060

NRS

331.060

Employees of Buildings and Grounds Section.

1. The Administrator shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners and other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.145 , inclusive.

2. The employees shall perform duties as assigned by the Administrator.

3. The Administrator is responsible for the fitness and good conduct of all employees.

[12:320:1949; 1943 NCL § 6976.32]—(NRS A 1959, 160 ; 1967, 1493 ; 1971, 1430 ; 1973, 1462 ; 1985, 273 , 365 ;

1993, 1558 , 2530 ;

1995, 703 , 2307 ;

1997, 1313 ; 2011, 2955 )

NRS 331.100

NRS

331.100

Specific powers and duties of Administrator.

The Administrator has the following specific powers and duties:

1. To keep all buildings, rooms, basements, floors, windows, furniture and appurtenances clean, orderly and presentable as befitting public property.

2. To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.

3. Under the supervision of the State Fire Marshal, to make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his or her control.

4. To make arrangements and provision for the maintenance of the State’s water system supplying the state-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.

5. To make arrangements for the installation and maintenance of water meters designed to measure accurately the quantity of water obtained from sources not owned by the State.

6. To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the Capitol Building at Carson City, or on any other state-owned grounds where such installation is practical or necessary.

7. To investigate the feasibility, and economies resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the Capitol Building at Carson City, assuming the buildings were served with power as one unit.

8. To purchase, use and maintain such supplies and equipment as are necessary for the care, maintenance and preservation of the buildings and grounds under his or her supervision and control.

9. Subject to the provisions of chapter 426 of NRS regarding the operation of vending stands in or on public buildings and properties by persons who are blind, to install or remove vending machines and vending stands in the buildings under his or her supervision and control, and to have control of and be responsible for their operation.

10. To cooperate with the Nevada Arts Council of the Department of Tourism and Cultural Affairs to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

[7:320:1949; 1943 NCL § 6976.27]—(NRS A 1959, 171 ; 1967, 1096 ; 1993, 1559 ; 1995, 419 ; 1997, 3156 ; 2003, 638 ; 2011, 2956 )

NRS 332.330

NRS

332.330

“

Operating cost-savings measure” defined.

“Operating cost-savings measure”:

1. Means any improvement, repair or alteration to a building, or any equipment, fixture or furnishing to be added or used in a building that is designed to reduce operating costs, including, without limitation, those costs related to electrical energy and demand, thermal energy, water consumption, waste disposal and contract-labor costs, and increase the operating efficiency of the building for the appointed functions that are cost-effective.

2. Includes, without limitation:

(a) Operational or maintenance labor savings resulting from reduced costs for maintenance contracts as provided through reduction of required maintenance or operating tasks, including, without limitation, replacement of filters and lighting products, and equipment failures.

(b) Investment in equipment, products and materials, and strategies for building operation, or any combination thereof, designed to reduce energy and other utility expenses, including, without limitation:

(1) Costs for materials and labor required to replace old equipment with new, more efficient equipment.

(2) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed or coated windows or doors, reductions in glass area, and other modifications to windows and doors that will reduce energy consumption.

(3) Automated or computerized energy control systems.

(4) Replacement of, or modifications to, heating, ventilation or air-conditioning systems.

(5) Replacement of, or modifications to, lighting fixtures.

(6) Improvements to the indoor air quality of a building that conform to all requirements of an applicable building code.

(7) Energy recovery systems.

(8) Systems for combined cooling, heating and power that produce steam or other forms of energy, for use primarily within the building or a complex of buildings.

(9) Installation of, or modifications to, existing systems for daylighting, including lighting control systems.

(10) Installation of, or modification to, technologies that use renewable or alternative energy sources.

(11) Programs relating to building operation that reduce operating costs, including, without limitation, computerized programs, training and other similar activities.

(12) Programs for improvement of steam traps to reduce operating costs.

(13) Devices that reduce water consumption in buildings, for lawns and for other irrigation applications.

(14) Any additional improvements to building infrastructures that produce energy and operating cost savings, significantly reduce energy consumption or increase the operating efficiency of the buildings for their appointed functions, provided that such improvements comply with applicable building codes.

(15) Trash compaction and waste minimization.

(16) Ground source systems for heating and cooling.

(c) Investment in educational programs relating to the operation and maintenance of any equipment installed to reduce operating costs.

1. Does not include the construction of a new building or any addition to a building that increases the square footage of the building.

(Added to NRS by 2003, 3049 ; A 2009, 965 )

NRS 333.4611

NRS

333.4611

Regulations establishing standards for devices that use electricity, natural gas, propane or oil; exceptions.

1. The Administrator shall adopt regulations which set forth standards to be used by using agencies when purchasing new appliances, equipment, lighting and other devices that use electricity, natural gas, propane or oil. Except as otherwise provided in subsection 2, the standards must require that such new appliances, equipment, lighting and other devices have received the Energy Star label pursuant to the program established pursuant to 42 U.S.C. § 6294a, or its successor, or meet the requirements established pursuant to 48 C.F.R. § 23.203.

2. The standards described in subsection 1 do not apply insofar as:

(a) No items in a given class of appliances, equipment, lighting or other devices have been evaluated to determine whether they are eligible to receive the Energy Star label or have been designated by the Federal Government to meet the requirements established pursuant to 48 C.F.R. § 23.203; or

(b) The purchase of new appliances, equipment, lighting or other devices that have received the Energy Star label would not be cost-effective in an individual instance, comparing the cost of the item to the cost of the amount of energy that will be saved over the useful life of the item.

(Added to NRS by 2009, 2754 )

PURCHASING FOR LEGISLATIVE AND JUDICIAL DEPARTMENTS, CIVIL AIR PATROL, NEVADA SYSTEM OF HIGHER EDUCATION, LOCAL GOVERNMENTS AND DISTRICTS

NRS 334.010

NRS

334.010

State automobiles: Purchase; use; identification; penalty.

1. No automobile may be purchased by any department, office, bureau, officer or employee of the State without prior written consent of the State Board of Examiners.

2. All such automobiles must be used for official purposes only.

3. All such automobiles, except:

(a) Automobiles maintained for and used by the Governor;

(b) Automobiles used by or under the authority and direction of the Chief Parole and Probation Officer, the State Contractors’ Board and auditors, the State Fire Marshal, the Investigation Division of the Department of Public Safety, the investigators of the Nevada Gaming Control Board, the investigators of the Securities Division of the Office of the Secretary of State and the investigators of the Attorney General;

(c) One automobile used by the Department of Corrections;

(d) Two automobiles used by the Caliente Youth Center;

(e) Three automobiles used by the Nevada Youth Training Center; and

(f) Four automobiles used by the Youth Parole Bureau of the Division of Child and Family Services of the Department of Health and Human Services,

Ê must be labeled by painting the words “State of Nevada” and “For Official Use Only” on the automobiles in plain lettering. The Director of the Department of Administration or a representative of the Director shall prescribe the size and location of the label for all such automobiles.

1. In accordance with the provisions of chapter 333 of NRS, each department, office, bureau, officer or employee of the State shall:

(a) To the extent practicable, give preference to the purchase of automobiles which minimize:

(1) Emissions from the automobile; and

(2) The total costs of the automobile over the service life of the automobile, which may include, without limitation, fuel costs, maintenance costs and any rebates or financial incentives offered for the purchase of the automobile;

(b) To the extent practicable, purchase motor vehicle fuel blended with ethanol, including, without limitation, gasoline, biodiesel and biomass-based diesel blends for use in the automobile; and

(c) If purchasing an automobile powered by diesel fuel, ensure that the vehicle is capable of using biodiesel fuel blends comprised of not less than 20 percent by volume of biodiesel fuel.

1. Each department, office, bureau, officer or employee of the State shall maintain records on the type of fuel used by each automobile purchased by the department, office, bureau, officer or employee, which may include, without limitation, electric, gasoline, compressed natural gas, diesel, hydrogen or hybrid fuel sources.

2. Any officer or employee of the State of Nevada who violates any provision of subsection 1, 2 or 3 is guilty of a misdemeanor.

3. As used in this section:

(a) “Biodiesel” has the meaning ascribed to it in

NRS 590.070 .

(b) “Biomass-based diesel blend” has the meaning ascribed to it in NRS 590.070 .

[Part 1:7:1933; A 1947, 422 ; 1949, 360 ; 1953, 45 ; 1955, 543 ] + [2:7:1933; 1931 NCL § 6941.02]—(NRS A 1957, 62 , 743 ;

1959, 782 ; 1961, 383 , 627 ;

1963, 693 ; 1965, 314 ; 1967, 165 ; 1969, 129 ; 1971, 167 ; 1973, 84 , 289 ;

1975, 61 , 566 ;

1977, 289 ; 1979, 74 , 881 ;

1981, 1189 , 2013 ;

1985, 1984 ; 1989, 1959 ; 1991, 2127 ; 1993, 31 , 1566 ;

1995, 579 ; 2001, 2598 ; 2001 Special Session, 236 ; 2003, 289 ; 2023, 1187 )

NRS 336.080

NRS

336.080

Duties of Executive Officer.

The Executive Officer shall:

1. Be responsible for proper maintenance and storage of all vehicles assigned to the Fleet Services Division.

2. Maintain records:

(a) To show the location and operating and maintenance costs of vehicles assigned to the Fleet Services Division; and

(b) Of the type of fuel used by each vehicle assigned to the Fleet Services Division, which may include, without limitation, electric, gasoline, compressed natural gas, diesel, hydrogen or hybrid fuel sources.

(Added to NRS by 1961, 345 ; A 2013, 206 ; 2023, 1188 )

NRS 341.148

NRS

341.148

Advertisement for sealed bids required for projects whose estimated cost exceeds $100,000; acceptance of bids; letting of contracts for all or part of project. The Division shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project whose estimated cost is more than $100,000. Approved plans and specifications for the construction must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The Division may accept bids on either the whole or a part of the construction, equipment and furnishings of a construction project and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result to this State.

(Added to NRS by 1985, 58 ; A 1989, 968 ; 2001, 1917 ; 2003, 2000 , 2485 )

NRS 349.517

NRS

349.517

“Renewable energy generation project” defined.

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, 3256 )

NRS 349.560

NRS

349.560

Legislative declaration.

It is the intent of the Legislature to authorize the Director, with the approval of the Office of Economic Development, to finance, acquire, own, lease, improve and dispose of properties to:

1. Promote industry and employment and develop trade by inducing manufacturing, industrial, warehousing and commercial enterprises and organizations for research and development to locate, remain or expand in this state to further prosperity throughout the State and to further the use of the agricultural products and the natural resources of this state.

2. Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.

3. Promote the public health by enabling the acquisition, development, expansion and maintenance of health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality at reasonable rates to the residents of the community in which the facilities are situated.

4. Promote the educational, cultural, economic and general welfare of the public by financing civic and cultural enterprises, certain educational institutions and the preservation or restoration of historic structures.

5. Promote the social welfare of the residents of this state by enabling a corporation for public benefit to acquire, develop, expand and maintain facilities that provide services for those residents.

6. Promote the generation of electricity in this state.

(Added to NRS by 1981, 1627 ; A 1985, 2176 ; 1997, 498 ; 2001, 3257 ; 2011, 3458 )

NRS 353.263

NRS

353.263

Emergency Account.

1. As used in this section, “emergency” means invasion, disaster, insurrection, riot, breach of the peace, substantial threat to life or property, epidemic or the imminent danger thereof. The term includes damage to or the disintegration of a building owned by this state or of the mechanical or electrical system of such a building when immediate repairs are necessary to maintain the integrity of the structure or its mechanical or electrical system.

2. The Emergency Account is hereby created in the State General Fund. Money for the Account must be provided by direct legislative appropriation.

3. When the State Board of Examiners finds that an emergency exists which requires an expenditure for which no appropriation has been made, or in excess of an appropriation made, the Board may authorize an expenditure from the Emergency Account to meet the emergency.

4. The State Board of Examiners may, under such circumstances as it deems appropriate, authorize its Clerk to determine whether an emergency exists and approve, on behalf of the Board, an expenditure from the Emergency Account.

5. The Chief shall enumerate expenditures from the Account made in the preceding biennium in each executive budget report.

6. Notwithstanding the provisions of this section to the contrary, money in the Emergency Account may be expended for any purpose authorized by the Legislature.

(Added to NRS by 1960, 120 ; A 1963, 1028 ; 1969, 504 , 1014 ,

1457 ;

1975, 26 ; 1977, 228 ; 1981, 438 ; 1989, 74 ; 1991, 1750 ; 2001, 1078 ; 2003, 961 ; 2010, 26th Special Session, 8 )

NRS 354.474

NRS

354.474

Applicability to local governments; “local government” defined.

1. Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626 , inclusive, apply to all local governments. For the purpose of NRS 354.470 to 354.626 , inclusive:

(a) “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A ,

318 , 318A and

379 of NRS, NRS 450.550 to 450.750 , inclusive, and chapters 474 , 541 ,

543 and 555

of NRS, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

(b) “Local government” includes the Nevada Rural Housing Authority for the purpose of loans of money from a local government in a county whose population is less than 100,000 to the Nevada Rural Housing Authority in accordance with NRS 354.6118 . The term does not include the Nevada Rural Housing Authority for any other purpose.

1. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683 , inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539

of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626 , inclusive, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470

to 354.626 , inclusive, in addition to the requirements of chapter 539 of NRS.

1. An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626 , inclusive, for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Utilities Service of the United States Department of Agriculture.

(Added to NRS by 1965, 726 ; A 1967, 937 , 1387 ;

1969, 1390 ; 1971, 13 , 1013 ,

1341 ;

1977, 539 ; 1979, 361 ; 1993, 1150 ; 1995, 815 , 2553 ;

2005, 576 ; 2011, 1377 , 1689 ,

2727 ;

2013, 2711 ; 2017, 1960 , 2037 ,

2721 ;

2023, 478 )

NRS 354.598817

NRS

354.598817

Limitations on fees applicable to public utilities: “Public utility” defined.

1. “Public utility” includes a person or local government that:

(a) Provides electric energy or gas, regardless of whether the person or local government is subject to regulation by the Public Utilities Commission of Nevada, except that the term “public utility” does not include a person who is subject to the provisions of NRS 590.465 to 590.645 , inclusive;

(b) Is a telecommunication carrier as that term is defined in 47 U.S.C. § 153 on July 16, 1997, if the person or local government holds a certificate of public convenience and necessity issued by the Public Utilities Commission of Nevada and derives intrastate revenue from the provision of telecommunication service to retail customers; or

(c) Sells or resells personal wireless services.

1. The term does not include a video service provider, as defined in NRS 711.151 .

(Added to NRS by 1997, 2742 ; A 1999, 603 , 604 ;

2007, 591 , 1384 )

NRS 354.598818

NRS

354.598818

Limitations on fees applicable to public utilities: “Revenue” defined.

“Revenue” does not include:

1. Any proceeds from the interstate sale of natural gas to:

(a) A provider of electric energy that holds a certificate of public convenience and necessity issued by the Public Utilities Commission of Nevada; or

(b) A wholesale provider of electric energy; or

1. Any revenue of a provider of a telecommunication service other than intrastate revenue that the provider collects from retail customers.

(Added to NRS by 1997, 2742 ; A 1999, 603 , 604 ;

2007, 1384 ; 2011, 890 )

NRS 354.59885

NRS

354.59885

Limitations on fees applicable to public utilities: Submission of certain information by public utility before commencement of service; quarterly statements of revenue required; identification of customers provided to public utility; information included in bill.

If a city or county adopts an ordinance imposing or increasing a fee:

1. Each public utility to which the ordinance applies or which intends to derive revenue from customers located within the jurisdiction of the city or county shall, not later than 60 calendar days after the effective date of the ordinance or 30 calendar days before the public utility begins to provide electric energy, gas or a telecommunication service to those customers, whichever occurs later, provide to the city or county:

(a) An acknowledgment that the public utility is operating or intends to operate within the jurisdiction of that city or county; and

(b) The date when the public utility began or intends to begin to derive revenue from customers located within the jurisdiction of the city or county.

1. In addition to the requirements of subsection 1, each public utility to which the ordinance applies shall, not later than 30 calendar days after the end of each calendar quarter, provide to the city or county a statement of the amount of revenue the public utility derived during that calendar quarter from the sale of electric energy, gas or a telecommunication service to each of its customers located within the jurisdiction of that city or county.

2. The city or county shall, at no charge, provide to each public utility to which the ordinance applies any information that is necessary to identify each customer that is affected by the fee imposed or increased by the city or county, including the address of each customer. If the public utility requests the city or county to provide the information in a specific form, the city or county may charge a fee for the cost of providing the information in that form.

3. Upon receipt of the information that the city or county is required to provide pursuant to the provisions of subsection 3, the public utility may indicate on the bills that it sends to its customers the fee that is imposed or increased by the city or county.

4. A public utility that indicates the fee on the bills it sends to its customers pursuant to the provisions of subsection 4:

(a) Shall be deemed to have complied with the provisions of this section and NRS 354.59887 ; and

(b) Is not liable to the city or county for any damages for the failure to comply with the provisions of this section and NRS 354.59887 ,

Ê if it reasonably relies upon the information that it receives from the city or county pursuant to the provisions of subsection 3.

(Added to NRS by 1995, 2189 ; A 1997, 2743 )

NRS 360.753

NRS

360.753

Partial abatement of certain taxes imposed on aircraft, components of aircraft and other personal property used for certain purposes related to aircraft: Powers and duties of Office of Economic Development, Nevada Tax Commission, applicant for abatement, business approved for abatement and county treasurer. [Effective through June 30, 2035.]

1. An owner of a business or a person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of:

(a) The personal property taxes imposed on an aircraft and the personal property used to own, operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft; and

(b) The local sales and use taxes imposed on the purchase of tangible personal property used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft.

1. Notwithstanding the provisions of any law to the contrary and except as otherwise provided in subsections 3 and 4, the Office of Economic Development shall approve an application for a partial abatement if the Office makes the following determinations:

(a) Not later than 1 year after the date on which the application was received by the Office, the applicant has executed an agreement with the Office which:

(1) Complies with the requirements of NRS 360.755 ;

(2) States the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application and not later than 1 year after the date on which the Office approves the application;

(3) States that the business will, after the date on which a certificate of eligibility for the partial abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Office, which must be not less than 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and

(4) Binds any successor in interest of the applicant for the specified period;

(b) The business is registered pursuant to the laws of this State or the applicant commits to obtaining a valid business license and all other permits required by the county, city or town in which the business operates;

(c) The business owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft;

(d) The average hourly wage that will be paid by the business to its employees in this State during the period of partial abatement is not less than 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year;

(e) The business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, offer a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees, and the health care benefits the business offers to its employees in this State will meet the minimum requirements for health care benefits established by the Office;

(f) If the business is:

(1) A new business, that it will have five or more full-time employees on the payroll of the business within 1 year after receiving its certificate of eligibility for a partial abatement; or

(2) An existing business, that it will increase its number of full-time employees on the payroll of the business in this State by 3 percent or three employees, whichever is greater, within 1 year after receiving its certificate of eligibility for a partial abatement;

(g) The business meets at least one of the following requirements:

(1) The business will make a new capital investment of at least $250,000 in this State within 1 year after receiving its certificate of eligibility for a partial abatement;

(2) The business will maintain and possess in this State tangible personal property having a value of not less than $5,000,000 during the period of partial abatement;

(3) The business develops, refines or owns a patent or other intellectual property, or has been issued a type certificate by the Federal Aviation Administration pursuant to 14 C.F.R. Part 21; and

(h) If the application is for the partial abatement of the taxes imposed by the Local School Support Tax Law, the application has been approved by a vote of at least two-thirds of the members of the Board of Economic Development created by NRS 231.033 .

1. The Office of Economic Development:

(a) Shall approve or deny an application submitted pursuant to this section and notify the applicant of its decision not later than 45 days after receiving the application.

(b) Must not:

(1) Consider an application for a partial abatement unless the Office has requested a letter of acknowledgment of the request for the partial abatement from any affected county, school district, city or town and has complied with the requirements of NRS 360.757 ; or

(2) Approve a partial abatement for any applicant for a period of more than 10 years.

1. The Office of Economic Development must not approve a partial abatement of personal property taxes for a business whose physical property is collectively valued and centrally assessed pursuant to NRS 361.320 and 361.3205 .

2. If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the partial abatement to:

(a) The Department;

(b) The Nevada Tax Commission; and

(c) If the partial abatement is from personal property taxes, the appropriate county treasurer.

1. An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

2. If an applicant for a partial abatement pursuant to this section fails to execute the agreement described in paragraph (a) of subsection 2 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.

3. If a business whose partial abatement has been approved pursuant to this section and whose partial abatement is in effect ceases:

(a) To meet the requirements set forth in subsection 2; or

(b) Operation before the time specified in the agreement described in paragraph (a) of subsection 2,

Ê the business shall repay to the Department or, if the partial abatement was from personal property taxes, to the appropriate county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232

and 360.320 , the business shall, in addition to the amount of the partial abatement required to be repaid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

1. The Office of Economic Development may adopt such regulations as the Office determines to be necessary to carry out the provisions of this section.

2. The Nevada Tax Commission may adopt such regulations as the Commission determines are necessary to carry out the provisions of this section.

3. An applicant for a partial abatement who is aggrieved by a final decision of the Office of Economic Development may petition a court of competent jurisdiction to review the decision in the manner provided in chapter 233B of NRS.

4. As used in this section:

(a) “Aircraft” means any fixed-wing, rotary-wing or unmanned aerial vehicle.

(b) “Component of an aircraft” means any:

(1) Element that makes up the physical structure of an aircraft, or is affixed thereto;

(2) Mechanical, electrical or other system of an aircraft, including, without limitation, any component thereof; and

(3) Raw material or processed material, part, machinery, tool, chemical, gas or equipment used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or component of an aircraft.

(c) “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subparagraph (3) of paragraph (a) of subsection 2.

(d) “Local sales and use taxes” means any taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in any political subdivision of this State, except the taxes imposed by the Sales and Use Tax Act.

(e) “Personal property taxes” means any taxes levied on personal property by the State or a local government pursuant to chapter 361 of NRS.

(Added to NRS by 2015, 2328 ; A 2017, 3787 ; 2019, 2246 ; 2021, 2295 )

NRS 360.7582

NRS

360.7582

“Below-the-line personnel” defined.

“Below-the-line personnel” means a person employed to work on a qualified production after production begins and before production is completed, including, without limitation, an extra, best boy, boom operator, camera loader, camera operator, assistant camera operator, compositor, dialogue editor, film editor, assistant film editor, focus puller, Foley operator, Foley editor, gaffer, grip, key grip, lighting crew, lighting board operator, lighting technician, music editor, sound editor, sound effects editor, sound mixer, steadicam operator, first assistant camera operator, second assistant camera operator, digital imaging technician, camera operator working with a director of photography, electric best boy, grip best boy, dolly grip, rigging grip, assistant key for makeup, assistant key for hair, assistant script supervisor, set construction foreperson, lead set dresser, assistant key for wardrobe, scenic foreperson, assistant propmaster, assistant audio mixer, assistant boom person, assistant key for special effects and other similar personnel. The term does not include above-the-line personnel.

(Added to NRS by 2013, 3090 ; A 2015, 1100 , 1109 )

NRS 360.825

NRS

360.825

Acquisition of certain public utilities: Requirements for payments in lieu of taxes and franchise fees; distributions to local governments based on assessed valuation of taxable property.

1. Except as otherwise provided in this section, if on or after July 1, 2003, a local government acquires from another entity a public utility that provides electric service, natural gas service, telecommunication service or community antenna television, cable television or other video service:

(a) The local government shall make payments in lieu of and equal to all state and local taxes and franchise fees from which the local government is exempt but for which the public utility would be liable if the public utility was not owned by a governmental entity; and

(b) The Nevada Tax Commission shall, solely for the purpose set forth in this paragraph, annually determine and apportion the assessed valuation of the property of the public utility. For the purpose of calculating any allocation or apportionment of money for distribution among local governments pursuant to a formula required by state law which is based partially or entirely on the assessed valuation of taxable property:

(1) The property of the public utility shall be deemed to constitute taxable property to the same extent as if the public utility was not owned by a governmental entity; and

(2) To the extent that the property of the public utility is deemed to constitute taxable property pursuant to this paragraph:

(I) The assessed valuation of that property must be included in that calculation as determined and apportioned by the Nevada Tax Commission pursuant to this paragraph; and

(II) The payments required by paragraph (a) in lieu of any taxes that would otherwise be required on the basis of the assessed valuation of that property shall be deemed to constitute payments of those taxes.

1. The payments in lieu of taxes and franchise fees required by subsection 1 are due at the same time and must be collected, accounted for and distributed in the same manner as those taxes and franchise fees would be due, collected, accounted for and distributed if the public utility was not owned by a governmental entity, except that no lien attaches upon any property or money of the local government by virtue of any failure to make all or any part of those payments. The local government may contest the validity and amount of any payment in lieu of a tax or franchise fee to the same extent as if that payment was a payment of the tax or franchise fee itself. The payments in lieu of taxes and franchise fees must be reduced if and to the extent that such a contest is successful.

2. The provisions of this section do not:

(a) Apply to the acquisition by a local government of a public utility owned by another governmental entity, except a public utility owned by another local government for which any payments in lieu of state or local taxes or franchise fees was required before its acquisition as provided in this section.

(b) Require a local government to make any payments in lieu of taxes or franchise fees to the extent that the making of those payments would cause a deficiency in the money available to the local government to make required payments of principal of, premium, if any, or interest on any bonds or other securities issued to finance the acquisition of that public utility or to make required payments to any funds established under the proceedings under which those bonds or other securities were issued.

(c) Require a county to duplicate any payments in lieu of taxes required pursuant to NRS 244A.755 .

(Added to NRS by 2003, 968 ; A 2007, 715 , 1385 )

NRS 360.830

NRS

360.830

Acquisition or expansion of certain public utilities: Requirements for interlocal agreements for compensation of affected local governments.

1. Except as otherwise provided in this section, if on or after July 1, 2003, a local government:

(a) Acquires from another entity a public utility that provides water service or sewer service; or

(b) Expands facilities for the provision of water service, sewer service, electric service, natural gas service, telecommunication service or community antenna television, cable television or other video service, and the expansion results in the local government serving additional retail customers who were, before the expansion, retail customers of a public utility which provided that service,

Ê the local government shall enter into an interlocal agreement with each affected local government to compensate the affected local government each fiscal year, as nearly as practicable, for the amount of any money from state and local taxes and franchise fees and from payments in lieu of those taxes and franchise fees, and for any compensation from a local government pursuant to this section, the affected local government would be entitled to receive but will not receive because of the acquisition of that public utility or expansion of those facilities as provided in this section.

1. An affected local government may waive any or all of the compensation to which it may be entitled pursuant to subsection 1.

2. The provisions of this section do not require a:

(a) Local government to provide any compensation to an affected local government to the extent that the provision of that compensation would cause a deficiency in the money available to the local government to make required payments of principal of, premium, if any, or interest on any bonds or other securities issued to finance the acquisition of that public utility or expansion of those facilities, or to make required payments to any funds established under the proceedings under which those bonds or other securities were issued.

(b) County to duplicate any compensation an affected local government receives from any payments in lieu of taxes required pursuant to NRS 244A.755 .

(Added to NRS by 2003, 969 ; A 2007, 716 , 1386 )

NRS 360.984

NRS

360.984

“Infrastructure project” defined.

“Infrastructure project” includes, without limitation, a drainage project, an electrical project, a rail project, a sanitary sewer project, a transportation project, a fire protection project, a wastewater project and a water project.

(Added to NRS by 2015, 29th Special Session, 29 )

NRS 361.320

NRS

361.320

Determination and allocation of valuation for property of interstate or intercounty nature; billing, collection and remittance of taxes on private car lines.

1. At the regular session of the Nevada Tax Commission commencing on the first Monday in October of each year, the Nevada Tax Commission shall examine the reports filed pursuant to NRS 361.318 and establish the valuation for assessment purposes of any property of an interstate or intercounty nature used directly in the operation of all interstate or intercounty railroad, sleeping car, private car, natural gas transmission and distribution, water, telephone, scheduled and unscheduled air transport, electric light and power companies, and the property of all railway express companies operating on any common or contract carrier in this State. This valuation must not include the value of vehicles as defined in NRS 371.020 .

2. Except as otherwise provided in subsections 3, 4 and 7 and NRS 361.323 , the Nevada Tax Commission shall establish and fix the valuation of all physical property used directly in the operation of any such business of any such company in this State, as a collective unit. If the company is operating in more than one county, on establishing the unit valuation for the collective property, the Nevada Tax Commission shall then determine the total aggregate mileage operated within the State and within its several counties and apportion the mileage upon a mile-unit valuation basis. The number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the Nevada Tax Commission.

3. After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada Tax Commission shall segregate the value of any project in this State for the generation of electricity which is not yet put to use. This value must be assessed in the county where the project is located and must be taxed at the same rate as other property.

4. After establishing the valuation, as a collective unit, of an electric light and power company that places a facility into operation on or after July 1, 2003, in a county whose population is less than 100,000, the Nevada Tax Commission shall segregate the value of the facility from the collective unit. This value must be assessed in the county where the facility is located and taxed at the same rate as other property.

5. The Nevada Tax Commission shall adopt formulas and incorporate them in its records, providing the method or methods pursued in fixing and establishing the taxable value of all property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the Nevada Tax Commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the company’s income and the cost of its assets, but the taxable value may not exceed the cost of replacement as appropriately depreciated.

6. If two or more persons perform separate functions that collectively are needed to deliver electric service to the final customer and the property used in performing the functions would be centrally assessed if owned by one person, the Nevada Tax Commission shall establish its valuation and apportion the valuation among the several counties in the same manner as the valuation of other centrally assessed property. The Nevada Tax Commission shall determine the proportion of the tax levied upon the property by each county according to the valuation of the contribution of each person to the aggregate valuation of the property. This subsection does not apply to a qualifying facility, as defined in 18 C.F.R. § 292.101, which was constructed before July 1, 1997, or to an exempt wholesale generator, as defined in 15 U.S.C. § 79z-5a.

7. A company engaged in a business described in subsection 1 that does not have property of an interstate or intercounty nature must be assessed as provided in subsection 8.

8. All other property, including, without limitation, that of any company engaged in providing commercial mobile radio service, radio or television transmission services or cable television or other video services, must be assessed by the county assessors, except as otherwise provided in NRS 361.321 and 362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada Tax Commission as provided in NRS 361.325 .

9. On or before November 1 of each year, the Department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the Department, which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the State must be transmitted directly to the State Treasurer. A company which fails to pay the tax within the time required shall pay a penalty of 10 percent of the tax due or $5,000, whichever is greater, in addition to the tax. Any amount paid as a penalty must be deposited in the State General Fund. The Department may, for good cause shown, waive the payment of a penalty pursuant to this subsection. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the Attorney General may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due pursuant to this subsection in the manner provided in NRS 361.560 .

10. For the purposes of this section, an unscheduled air transport company does not include a company that only uses three or fewer fixed-wing aircraft with a weight of less than 12,500 pounds to provide transportation services, if the company elects, in the form and manner prescribed by the Department, to have the property of the company assessed by a county assessor.

11. As used in this section:

(a) “Company” means any person, company, corporation or association engaged in the business described.

(b) “Commercial mobile radio service” has the meaning ascribed to it in 47 C.F.R. § 20.3, as that section existed on January 1, 1998.

[5:177:1917; A 1929, 341 ; 1939, 279 ; 1945, 78 ; 1953, 576 ]—(NRS A 1957, 313 ; 1963, 1122 ; 1969, 1448 ; 1971, 213 ; 1975, 1658 ; 1977, 1047 ; 1981, 792 , 1774 ;

1983, 549 , 561 ,

1193 ;

1987, 954 , 956 ,

1338 ,

1425 ,

1429 ;

1997, 1574 , 1989 ;

1999, 466 , 1269 ,

3274 ;

2001, 83 , 85 ;

2003, 811 , 1963 ;

2005, 970 ; 2007, 1387 )

NRS 361.323

NRS

361.323

Determination and apportionment of valuation for property of electric light and power companies used to generate or transmit electricity for use outside State.

1. Except as otherwise provided in NRS 361.320 , where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes three or more operating units which are not interconnected at any point within the State of Nevada, the Nevada Tax Commission shall successively:

(a) Determine separately the valuation of each operating unit, using the criteria provided in subsection 2 of NRS 361.320 .

(b) Apportion 15 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.

(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which the operating unit is located.

1. Except as otherwise provided in NRS 361.320 , where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes two but not more than two operating units which are not interconnected at any point within the State of Nevada, the Nevada Tax Commission shall successively:

(a) Determine separately the valuation of each operating unit, using the criteria provided in subsection 2 of NRS 361.320 .

(b) Apportion 20 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.

(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which the operating unit is located.

(Added to NRS by 1983, 548 )

NRS 361.567

NRS

361.567

Expedited procedure for sale of abandoned property; inspection of property to determine abandonment; required notice and affidavit; judicial review; criteria for determining abandonment.

1. The tax receiver of a county may elect to use an expedited procedure for the sale of a property on which delinquent taxes, penalties, interest and costs have not been paid if, after an investigation, the tax receiver:

(a) Determines that the property is abandoned pursuant to the criteria set forth in subsection 6; and

(b) Complies with the requirements of this section.

1. If a tax receiver of a county has a reasonable belief that property on which delinquent taxes, penalties, interest and costs have not been paid is abandoned, the tax receiver or his or her designee may inspect the property to determine whether it is abandoned in accordance with the criteria set forth in subsection 6. The tax receiver or his or her designee and any employee of the tax receiver or his or her designee may enter the property, but may not enter any dwelling or structure, to perform an inspection pursuant to this subsection, and the tax receiver, his or her designee and any employee of the tax receiver or his or her designee who enters a property pursuant to this subsection is not liable for any civil damages as a result of any act or omission on the property, not amounting to gross negligence, or for trespass.

2. If, after an inspection pursuant to subsection 2, the tax receiver determines that the property is abandoned in accordance with the criteria set forth in subsection 6, the tax receiver shall serve a notice by certified and first-class mail to the owner or owners of the property providing that unless the owner or owners of the real property contact the tax receiver within 30 days after service of the notice, the property will be determined to be abandoned and the tax receiver may seek an expedited procedure for the sale of the property. In addition to providing service by mail, the tax receiver shall cause the same notice to be published:

(a) At least once in the newspaper which publishes the list of taxpayers pursuant to NRS 361.300 or, if there is no newspaper in the county, by posting the notice in at least five conspicuous places within the county;

(b) On an Internet website that is maintained by the county treasurer or, if the county treasurer does not maintain an Internet website, on an Internet website maintained by the county; and

(c) By posting the notice in a conspicuous place of the property.

1. If, within 30 days after service of the notice pursuant to subsection 3, a property owner:

(a) Fails to respond to the notice, the tax receiver must determine the property to be abandoned.

(b) Submits a written objection to the determination of the tax receiver that the property is abandoned, the tax receiver must conduct a review of the property and issue a decision on whether to uphold the original determination that the property is abandoned. A person who is aggrieved by a determination of the tax receiver pursuant to this paragraph may, within 30 days after the person receives notice of the determination, commence an action for judicial review of the determination in district court for the county in which the property is located.

1. A tax receiver who elects to use an expedited procedure for the sale of property pursuant to this section must execute and deliver to the clerk of the board of county commissioners an affidavit setting forth the facts supporting the determination that the property is abandoned in accordance with the criteria set forth in subsection
2. The affidavit required by this subsection must:

(a) Be signed and verified by the person who conducted the investigation to determine whether the property is abandoned;

(b) State that, after investigation, the property was determined to be abandoned; and

(c) State the conditions or circumstances supporting the determination that the property is abandoned.

1. For the purposes of this section, property is abandoned if at least two of the following conditions are found to exist by a preponderance of the evidence:

(a) No person appears to be residing in the property at the time the property is inspected;

(b) Utility service to the property, including, without limitation, gas, electric or water service, has been disconnected or delinquent for over 1 year;

(c) Multiple windows on the property are boarded up or closed off or are smashed through, broken off or unhinged, or multiple window panes are broken and unrepaired;

(d) Doors on the property are smashed through, broken off, unhinged or continuously unlocked;

(e) The property has been stripped of copper or other materials, or interior fixtures to the property have been removed;

(f) Law enforcement officials have received at least one report of trespassing or vandalism or other illegal acts being committed at the property within the immediately preceding 6 months;

(g) If the property is residential real property, the residential real property has been declared unfit for occupancy and ordered to remain vacant and unoccupied under an order issued by a municipal or county authority or a court of competent jurisdiction;

(h) The local police, fire or code enforcement authority has requested that the owner or any other interested or authorized party secure the property because the local authority has declared the property to be an imminent danger to the health, safety and welfare of the public;

(i) The property is open and unprotected and in reasonable danger of significant damage resulting from exposure to the elements or vandalism; or

(j) Other reasonable indicia of abandonment exist.

(Added to NRS by 2019, 748 )

NRS 37.010

NRS

37.010

Public uses for which eminent domain may be exercised.

1. Subject to the provisions of this chapter and the limitations in subsections 2 and 3, the right of eminent domain may be exercised in behalf of the following public uses:

(a) Federal activities. All public purposes authorized by the Government of the United States.

(b) State activities. Public buildings and grounds for the use of the State, the Nevada System of Higher Education and all other public purposes authorized by the Legislature.

(c) County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district, reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or town, for draining any county, incorporated city or town, for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels, for roads, streets and alleys, and all other public purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof.

(d) Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.

(e) Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters or other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.

(f) Byroads. Byroads leading from highways to residences and farms.

(g) Public utilities. Lines for telephone, electric light and electric power and sites for plants for electric light and power.

(h) Sewerage. Sewerage of any city, town, settlement of not less than 10 families or any public building belonging to the State or college or university.

(i) Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery to generate and transmit electricity for power, light or heat.

(j) Cemeteries, public parks. Cemeteries or public parks.

(k) Pipelines for petroleum products, natural gas. Pipelines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.

(l) Aviation. Airports, facilities for air navigation and aerial rights-of-way.

(m) Monorails. Monorails and any other overhead or underground system used for public transportation.

(n) Video service providers. Video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network. The exercise of the power of eminent domain may include the right to use the wires, conduits, cables or poles of any public utility if:

(1) It creates no substantial detriment to the service provided by the utility;

(2) It causes no irreparable injury to the utility; and

(3) The Public Utilities Commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed use of the wires, conduits, cables or poles, has found that it is in the public interest.

(o) Redevelopment. The acquisition of property pursuant to chapter 279 of NRS.

1. Notwithstanding any other provision of law and except as otherwise provided in this subsection, the public uses for which private property may be taken by the exercise of eminent domain do not include the direct or indirect transfer of any interest in the property to another private person or entity. Property taken by the exercise of eminent domain may be transferred to another private person or entity in the following circumstances:

(a) The entity that took the property transfers the property to a private person or entity and the private person or entity uses the property primarily to benefit a public service, including, without limitation, a utility, railroad, public transportation project, pipeline, road, bridge, airport or facility that is owned by a governmental entity.

(b) The entity that took the property leases the property to a private person or entity that occupies an incidental part of an airport or a facility that is owned by a governmental entity and, before leasing the property:

(1) Uses its best efforts to notify the person from whom the property was taken that the property will be leased to a private person or entity that will occupy an incidental part of an airport or facility that is owned by a governmental entity; and

(2) Provides the person from whom the property was taken with an opportunity to bid or propose on any such lease.

(c) The entity that took the property:

(1) Took the property in order to acquire property that was abandoned by the owner, abate an immediate threat to the safety of the public or remediate hazardous waste; and

(2) Grants a right of first refusal to the person from whom the property was taken that allows that person to reacquire the property on the same terms and conditions that are offered to the other private person or entity.

(d) The entity that took the property exchanges it for other property acquired or being acquired by eminent domain or under the threat of eminent domain for roadway or highway purposes, to relocate public or private structures or to avoid payment of excessive compensation or damages.

(e) The person from whom the property is taken consents to the taking.

1. The entity that is taking property by the exercise of eminent domain has the burden of proving that the taking is for a public use.

2. For the purposes of this section, an airport authority or any public airport is not a private person or entity.

[1911 CPA § 664; A 1921, 262 ; 1937, 351 ; 1931 NCL § 9153]—(NRS A 1961, 170 ; 1967, 868 , 1228 ;

1969, 246 ; 1977, 652 ; 1983, 2008 ; 1985, 2080 ; 1987, 1297 ; 1993, 361 ; 1997, 1961 , 3365 ;

1999, 677 , 679 ;

2007, 332 , 1375 ;

2011, 57 ; 2013, 1957 )

NRS 372.295

NRS

372.295

Gas, electricity and water.

There are exempted from the taxes imposed by this chapter the gross receipts from the sales, furnishing or service of, and the storage, use or other consumption in this State of, gas, electricity and water when delivered to consumers through mains, lines or pipes.

[59:397:1955]

NRS 374.300

NRS

374.300

Gas, electricity and water.

There are exempted from the taxes imposed by this chapter the gross receipts from the sales, furnishing or service of, and the storage, use or other consumption in a county of, gas, electricity and water when delivered to consumers through mains, lines or pipes.

(Added to NRS by 1967, 904 )

NRS 386.835

NRS

386.835

Standards for new school buses purchased by school district on and after January 1, 2016.

1. On and after January 1, 2016, with respect to any new school bus which is purchased by a school district to transport pupils, the school bus must meet the following standards in addition to being equipped as required by the regulations of the State Board:

(a) Occupant seating within the school bus must be tested in accordance with either:

(1) The ASTM International Standard ASTM E1537, “Standard Test Method for Fire Testing of Upholstered Furniture”; or

(2) The School Bus Seat Upholstery Fire Block Test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.

(b) For the purposes of paragraph (a) such testing must be conducted on a complete seat assembly inside a test room or school bus, and occupant seating shall be deemed to have failed the ASTM E1537 test or Fire Block Test, as applicable, if:

(1) The seat assembly exhibits a weight loss of 3 pounds or greater during the first 10 minutes of the test; or

(2) The seat assembly exhibits a heat release rate of 80 kilowatts or greater.

1. Except as otherwise provided in subsection 3, each plastic component contained in the engine compartment of a new school bus which is purchased by a school district on and after July 1, 2016, to transport pupils must meet one of the following classifications when tested in accordance with the Underwriters Laboratories Inc. Standard 94, “the Standard for Safety of Flammability of Plastic Materials for Parts in Devices and Appliances testing”:

(a) A V-0 classification; or

(b) If the component is located within 100 millimeters directly above an exhaust component that is not shielded, including, without limitation, a catalytic converter, an exhaust gas recirculation pipe that carries uncooled exhaust gas, an exhaust manifold or an exhaust pipe:

(1) For molded parts, a V-0 classification;

(2) For foams, an HF-1 classification; and

(3) For thin films, a VTM-0 classification.

1. In lieu of meeting the requirements set forth in subsection 2, a new school bus may be purchased by a school district on or after July 1, 2016, to transport pupils if it meets the following requirements:

(a) The school bus has an automatic system for fire extinguishment in the engine compartment that includes a mechanism for activation by the driver;

(b) Any nozzles for fire suppression are located, without limitation, under the school bus, in the electrical panel or under the dashboard, but are not located in the passenger compartment; and

(c) The system for fire suppression includes a lamp or buzzer to alert the driver when the system is activated.

(Added to NRS by 2011, 470 ; A 2013, 1022 )—(Substituted in revision for NRS 392.405)

NRS 388.473

NRS

388.473

“Aversive intervention” defined.

“Aversive intervention” means any of the following actions if the action is used to punish a pupil with a disability or to eliminate, reduce or discourage maladaptive behavior of a pupil with a disability:

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. The administration of chemical restraint to a person;

8. The placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise prevent the person from leaving the room;

9. Requiring a person to perform exercise under forced conditions if the:

(a) Person is required to perform the exercise because he or she exhibited a behavior that is related to his or her disability;

(b) Exercise is harmful to the health of the person because of his or her disability; or

(c) Nature of the person’s disability prevents him or her from engaging in the exercise; or

1. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation, including, without limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarily served; or

(b) Medication.

(Added to NRS by 1999, 3237 )—(Substituted in revision for NRS 388.5215)

NRS 388.795

NRS

388.795

Department to establish plan for use of educational technology; requirements of plan; duties of Department; assessment of needs of school districts relating to educational technology; advisory committee authorized.

1. The Department shall establish a plan for the use of educational technology in the public schools of this State. In preparing the plan, the Department shall consider:

(a) Plans that have been adopted by the school districts and charter schools in this State and any other relevant plan that has been adopted by the Department;

(b) Plans that have been adopted in other states;

(c) The information reported pursuant to NRS 385A.310 and similar information included in the annual report of accountability information prepared by the State Public Charter School Authority, a college or university within the Nevada System of Higher Education and a city or county that sponsors a charter school pursuant to subsection 3 of NRS 385A.070 ;

(d) The results of the assessment of needs conducted pursuant to subsection 5; and

(e) Any other information that the Department or the Committee deems relevant to the preparation of the plan.

1. The plan established by the Department must include recommendations for methods to:

(a) Incorporate educational technology into the public schools of this State;

(b) Increase the number of pupils in the public schools of this State who have access to educational technology;

(c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, without limitation, the receipt of credit for college courses completed through the use of educational technology;

(d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this State; and

(e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, without limitation, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.

1. The following entities shall cooperate with the Department in carrying out the provisions of this section:

(a) The State Board.

(b) The board of trustees of each school district.

(c) The superintendent of schools of each school district.

1. The Department shall:

(a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.

(b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.

(c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Trust Fund to:

(1) Repair, replace and maintain computer systems.

(2) Upgrade and improve computer hardware and software and other educational technology.

(3) Provide training, installation and technical support related to the use of educational technology within the district.

(d) Submit to the Governor and the Committee its plan for the use of educational technology in the public schools of this State and any recommendations for legislation.

(e) Review the plan annually and make revisions as it deems necessary or as recommended by the Committee.

(f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the Committee as the Department deems necessary.

1. During the spring semester of each even-numbered school year, the Department shall conduct an assessment of the needs of each school district relating to educational technology. In conducting the assessment, the Department shall consider:

(a) The recommendations set forth in the plan pursuant to subsection 2;

(b) The plan for educational technology of each school district, if applicable;

(c) Evaluations of educational technology conducted for the State or for a school district, if applicable; and

(d) Any other information deemed relevant by the Department.

Ê The Department shall submit a final written report of the assessment to the Superintendent of Public Instruction on or before April 1 of each even-numbered year.

1. The Superintendent of Public Instruction shall prepare a written compilation of the results of the assessment conducted by the Department and transmit the written compilation on or before June 1 of each even-numbered year to the Committee and to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

2. The Director may appoint an advisory committee composed of employees of the Department or other qualified persons to provide recommendations to the Department regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State. The advisory committee serves at the pleasure of the Director and without compensation unless an appropriation or other money for that purpose is provided by the Legislature.

3. As used in this section, “public school” includes the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

(Added to NRS by 1997, 1771 ; A 1999, 1199 ; 2003, 1139 ; 2003, 19th Special Session, 50 ; 2005, 1177 ; 2007, 1961 ; 2011, 2281 , 2375 ;

2015, 3305 , 3809 ;

2019, 2006 , 2062 ;

2023, 288 , 2176 )

NRS 393.110

NRS

393.110

Certain larger school districts required to establish building department; approval of plans by State Public Works Division of the Department of Administration, building department or private certificate holder; contract contrary to provisions invalid.

1. Each school district shall, in the design, construction and alteration of school buildings and facilities, comply with the applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if a school district complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

2. In a county whose population is 700,000 or more:

(a) The board of trustees of the school district shall establish a building department for the school district.

(b) Except as otherwise provided in NRS 477.030 , the board of trustees of the school district shall regulate all matters relating to the construction, maintenance and safety of buildings, facilities, structures and property of the school district.

(c) Except as otherwise provided in NRS 477.030 , the board of trustees of the school district shall adopt any building, electrical or safety codes as necessary to carry out the provisions of this subsection.

(d) The board of trustees of the school district shall ensure that the building department established by the board of trustees reviews the plans, designs and specifications for the erection of new school buildings and for the addition to or alteration of existing school buildings and facilities.

(e) The building department established by the board of trustees shall, in accordance with subsection 4, conduct a review of plans, designs and specifications for the erection of new school buildings and for the addition to or alteration of existing school buildings and facilities.

(f) The provisions of NRS 278.585 do not apply to the school district in its regulation of buildings, facilities, structures and property of the school district.

1. In a county whose population is less than 700,000:

(a) Except as otherwise provided in paragraph (b), unless standard plans, designs and specifications are to be used as provided in NRS 385.125 , before letting any contract or contracts for the erection of any new school building or for any addition to or alteration of an existing school building, the board of trustees of the county school district shall submit the plans, designs and specifications to, and obtain written approval of the plans, designs and specifications by, the building department of the county or other appropriate local building department in the county, and all other local agencies or departments whose approval is necessary for the issuance of the appropriate permit. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a building department pursuant to this paragraph.

(b) If there is no county building department or other appropriate local building department in the county in which the school district is located, the board of trustees of the school district shall enter into an agreement with the State Public Works Division of the Department of Administration, a private certificate holder or a local building department in another county to obtain the required reviews of the plans, designs and specifications and to have the required inspections conducted. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a private certificate holder or building department pursuant to this paragraph.

(c) A permit for construction must be issued before the school district commences construction.

(d) The county building department or other appropriate local building department, the State Public Works Division of the Department of Administration or the private certificate holder, as applicable, shall conduct inspections of all work to determine compliance with the approved plans, designs and specifications. An inspection of the work by the State Fire Marshal is not required if the work is inspected by the private certificate holder or building department.

(e) A department, agency, private certificate holder or the State Public Works Division of the Department of Administration is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for:

(1) Review of the plans, designs or specifications as required by this subsection; or

(2) The inspections conducted pursuant to this subsection.

1. In conducting reviews pursuant to this section, the State Public Works Division of the Department of Administration, building department or private certificate holder, as applicable, shall verify that the plans, designs and specifications comply with:

(a) The applicable requirements of the relevant codes adopted by this State, including, without limitation, the applicable requirements of any relevant codes and regulations adopted by the State Fire Marshal;

(b) The applicable requirements of the relevant codes adopted by the local authority having jurisdiction; and

(c) All applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

1. No contract for any of the purposes specified in this section made by a board of trustees of a school district contrary to the provisions of this section is valid, nor shall any public money be paid for erecting, adding to or altering any school building in contravention of this section.

2. As used in this section, “private certificate holder” means a person who, as applicable, holds a valid certification issued by the International Code Council or its successor:

(a) To review plans, designs and specifications for the erection of, addition to or alteration of a school building;

(b) To inspect work to ensure that the erection of, addition to or alteration of a school building is carried out in conformance with the relevant plans, designs and specifications; or

(c) To perform the activities described in paragraphs (a) and (b).

[419:32:1956]—(NRS A 1973, 728 , 907 ;

1993, 2410 , 2411 ;

1997, 2457 ; 1999, 2854 ; 2007, 3099 ; 2009, 508 ; 2011, 1249 )

NRS 394.354

NRS

394.354

“Aversive intervention” defined.

“Aversive intervention” means any of the following actions if the action is used to punish a pupil with a disability or to eliminate, reduce or discourage maladaptive behavior of a pupil with a disability:

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. The administration of chemical restraint to a person;

8. The placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise prevent the person from leaving the room;

9. Requiring a person to perform exercise under forced conditions if the:

(a) Person is required to perform exercise because he or she exhibited a behavior that is related to his or her disability;

(b) Exercise is harmful to the health of the person because of his or her disability; or

(c) Nature of the person’s disability prevents him or her from engaging in the exercise; or

1. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation, including, without limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarily served; or

(b) Medication.

(Added to NRS by 1999, 3243 )

NRS 405.205

NRS

405.205

Erection and maintenance of power lines by rural electric cooperative.

A rural electric cooperative which has been formed pursuant to NRS 81.410 to 81.540 , inclusive, may erect or bury, and thereafter maintain or operate, power lines, and may permit the maintenance and operation of telephone lines in connection therewith, along public highways, roads, streets and alleys within the area which it holds a certificate of public convenience and necessity to serve. In exercising this right, the cooperative shall not obstruct the natural and proper use of the highway, road, street or alley, and is subject to the requirements of NRS 408.423 and 408.441 .

(Added to NRS by 1979, 957 ; A 2015, 2133 )

NRS 405.270

NRS

405.270

Standards of safety for electronic gates that provide access for vehicular traffic.

A gate that:

1. Operates by electrical power;

2. Provides access for vehicular traffic; and

3. Is installed on or after March 1, 2000,

Ê must comply with the requirements of the Underwriters Laboratories Inc. Standard for Safety 325, as published on September 18, 1998, and effective on March 1, 2000.

(Added to NRS by 1999, 3112 )

NRS 407.0765

NRS

407.0765

Fees for repair, operation and maintenance of sewer, water, communication and electrical systems within certain areas under jurisdiction of Division; deposit; separate accounting; expenditures.

1. The Administrator, with the approval of the Director, may collect at each area under the jurisdiction of the Division a fee for the repair, operation and maintenance of sewer, water, communication and electrical systems. Any fees collected pursuant to this section must be deposited in the Account for Maintenance of State Parks within the Division of State Parks created in NRS 407.0762 .

2. Except as otherwise provided in this subsection, the money deposited in the Account pursuant to this section must be accounted for separately for each area and must only be used for the repair, operation and maintenance of the sewer, water, communication and electrical systems in the area in which the money was collected. If the Administrator has organized the areas under the jurisdiction of the Division into regions pursuant to NRS 407.065 , the money deposited in the Account pursuant to this section must be accounted for separately for each region and must only be used for the repair, operation and maintenance of the sewer, water, communication and electrical systems of the areas in the region in which the money was collected.

3. The Administrator, subject to the approval of the Director, may expend money pursuant to subsection 2.

(Added to NRS by 1993, 1028 ; A 1995, 184 ; 2021, 98 )

NRS 408.228

NRS

408.228

Highway Safety Information and Outreach Coordinator: Creation; duties; authority to provide certain grants.

The position of Highway Safety Information and Outreach Coordinator is hereby created in the Department. The Highway Safety Information and Outreach Coordinator:

1. Shall plan and administer a program of safety education which includes safety information concerning interaction among motor vehicles, bicycles, electric bicycles and pedestrians.

2. May provide grants to local governmental entities, including school districts, for assistance in carrying out the program of safety education.

(Added to NRS by 2011, 2517 )

Planning

NRS 408.234

NRS

408.234

Motor Vehicle Recovery and Transportation Planner: Creation; duties.

1. The position of Motor Vehicle Recovery and Transportation Planner is hereby created in the Department.

2. The Motor Vehicle Recovery and Transportation Planner shall:

(a) Develop and administer a plan for the construction of motor vehicle recovery and bicycle lanes that are not less than 3 feet wide in all new construction and major repair work on every highway in the State, in accordance with appropriate standards of design;

(b) Develop a plan for the maintenance of motor vehicle recovery and bicycle lanes throughout the State;

(c) Prepare and distribute information on motor vehicle recovery and bicycle lanes, bicycle safety manuals and bicycle route maps throughout the State;

(d) Develop standards for the design of motor vehicle recovery and bicycle lanes and bicycle paths and routes;

(e) Develop standardized signs and markings which indicate bicycle lanes;

(f) Determine where appropriate signs and markings will be located on state highways and coordinate their placement;

(g) Establish a statewide plan of motor vehicle recovery and bicycle lanes and bicycle paths and routes and update the plan annually;

(h) Identify projects which are related to motor vehicle recovery and bicycle lanes and place each project in its proper order of priority;

(i) Investigate possible sources of money which may be available to promote motor vehicle recovery and bicycle lanes and bicycle facilities and programs throughout this State and solicit money from those sources;

(j) Provide assistance to the Department of Motor Vehicles and the Department of Public Safety in coordinating activities which are related to motor vehicle and bicycle safety in the communities of this State;

(k) Investigate the programs of the Rails-to-Trails Conservancy and where feasible, participate in those programs;

(l) Identify the potential effect of bicycle programs on tourism in this State; and

(m) Carry out any other duties assigned to him or her by the Director.

1. The Director may remove any of the duties set out in subsection 2 if the Director determines that the duty is no longer necessary or appropriate.

2. As used in this section, “bicycle” has the meaning ascribed to it in NRS 484A.025

and includes an electric bicycle as defined in NRS 482.0287 .

(Added to NRS by 1991, 2235 ; A 2001, 2605 ; 2009, 403 )

FINANCING HIGHWAYS AND ROADS

NRS 408.321

NRS

408.321

Consideration of users of roadways of all ages and abilities, bicycle lanes, various services for bicycles, motor vehicle recovery lanes and turnouts for slower vehicles.

The Department shall, in accordance with appropriate standards of design:

1. Integrate the consideration of users of roadways of all ages and abilities, including, without limitation, pedestrians, riders of bicycles, electric bicycles and electric scooters, movers of commercial goods, persons with disabilities, vehicles for public transportation and their passengers, older adults, children and drivers of motor vehicles, into all plans, designs, construction and maintenance of highways;

2. To the extent practicable, integrate the consideration of bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of highways; and

3. To the extent practicable, integrate the consideration of motor vehicle recovery lanes and periodic turnouts for slower vehicles into plans, designs, construction and maintenance of highways that have one lane for traveling in each direction.

(Added to NRS by 1991, 2236 ; A 2001, 1507 ; 2021, 1050 )

NRS 408.407

NRS

408.407

Reimbursement of utility by State for relocation of facility located on or near certain highways.

1. For the purposes of this section:

(a) “Cost of relocation” means the entire amount paid by a utility properly attributable to the relocation of its facilities, including removal, reconstruction and replacement after deducting therefrom any increase in value of the new facility and any salvage value derived from the old facility, and includes the costs of all rights and interests necessary in land and the costs of any other rights required to accomplish such relocation.

(b) “Utility” means any privately, publicly or cooperatively owned systems for supplying telephone, electric power and light, gas, water, sewer and like service to the public or a segment of the public.

1. Whenever the Director, after consulting with the utility concerned, determines that any utility facility which now is, or hereafter may be, located in, over, along or under any highway in the federal-aid primary or secondary systems or in the interstate system, including extensions thereof within urban areas, as such systems are defined in the Federal-Aid Highway Acts and are accepted by and assented to by the State of Nevada, should be relocated, the utility owning or operating such utility facility shall relocate the same in accordance with the order of the Director. The cost of any such relocation shall be ascertained and paid by the State as part of the cost of such federally aided project, provided the proportionate part of such cost is reimbursable from federal funds under a Federal-Aid Highway Act or any other Act of Congress under which the State is entitled to reimbursement for all or part of such cost.

2. This section does not apply where a payment of relocation or removal costs by the State would be inconsistent with the terms of a permit issued by the Director pursuant to NRS 408.423 .

(Added to NRS by 1963, 267 ; A 1979, 1776 ; 2013, 1959 )

NRS 408.571

NRS

408.571

Educational program: Duty of Department to develop; content.

1. The Department shall develop an educational program concerning bicycle and pedestrian safety which must be:

(a) Suitable for children and adults; and

(b) Developed by a person who is trained in the techniques of bicycle and pedestrian safety.

1. The program must be designed to:

(a) Aid bicyclists in improving their riding skills;

(b) Inform bicyclists and pedestrians of applicable traffic laws and encourage observance of those laws; and

(c) Promote bicycle and pedestrian safety.

1. As used in this section, “bicycle” has the meaning ascribed to it in NRS 484A.025

and includes an electric bicycle as defined in NRS 484B.017 .

(Added to NRS by 2011, 2516 ; A 2021, 1745 )

NRS 41.510

NRS

41.510

Limitation of liability; exceptions for malicious acts if consideration is given or other duty exists.

1. Except as otherwise provided in subsection 3, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty to keep the premises safe for entry or use by others for participating in any recreational activity, or to give warning of any hazardous condition, activity or use of any structure on the premises to persons entering for those purposes.

2. Except as otherwise provided in subsection 3, if an owner, lessee or occupant of premises gives permission to another person to participate in recreational activities upon those premises:

(a) The owner, lessee or occupant does not thereby extend any assurance that the premises are safe for that purpose or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted.

(b) That person does not thereby acquire any property rights in or rights of easement to the premises.

1. This section does not:

(a) Limit the liability which would otherwise exist for:

(1) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.

(2) Injury suffered in any case where permission to participate in recreational activities was granted for a consideration other than the consideration, if any, paid to the landowner by the State or any subdivision thereof. For the purposes of this subparagraph, the price paid for a game tag sold pursuant to NRS 502.145 by an owner, lessee or manager of the premises shall not be deemed consideration given for permission to hunt on the premises.

(3) Injury caused by acts of persons to whom permission to participate in recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.

(b) Create a duty of care or ground of liability for injury to person or property.

1. As used in this section, “recreational activity” includes, but is not limited to:

(a) Hunting, fishing or trapping;

(b) Camping, hiking or picnicking;

(c) Sightseeing or viewing or enjoying archaeological, scenic, natural or scientific sites;

(d) Hang gliding or paragliding;

(e) Spelunking;

(f) Collecting rocks;

(g) Participation in winter sports, including cross-country skiing, snowshoeing or riding a snowmobile, or water sports;

(h) Riding animals, riding in vehicles or riding a road, mountain or electric bicycle;

(i) Studying nature;

(j) Gleaning;

(k) Recreational gardening; and

(l) Crossing over to public land or land dedicated for public use.

(Added to NRS by 1963, 799 ; A 1971, 192 ; 1973, 898 ; 1981, 157 ; 1991, 185 , 2156 ;

1993, 1191 ; 1995, 54 , 790 ;

2007, 631 ; 2021, 1744 )

LIABILITY OF OWNER, LESSEE OR OCCUPANT OF PREMISES TO TRESPASSERS

NRS 414.040

NRS

414.040

Division of Emergency Management: Creation; Chief; powers and duties of Division and Chief.

1. A Division of Emergency Management is hereby created within the Office of the Military. The Chief of the Division is appointed by and holds office at the pleasure of the Adjutant General of the Office of the Military. The Division is the State Agency for Emergency Management and the State Agency for Civil Defense for the purposes of the Compact ratified by the Legislature pursuant to NRS 415.010 . The Chief is the State’s Director of Emergency Management and the State’s Director of Civil Defense for the purposes of that Compact.

2. The Chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.

3. The Chief, subject to the direction and control of the Adjutant General, shall carry out the program for emergency management in this State. The Chief shall coordinate the activities of all organizations for emergency management within the State, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the Adjutant General.

4. The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies or disasters. In adopting this process, the Chief shall:

(a) Except as otherwise provided in NRS 232.3532 , develop written plans for the mitigation of, preparation for, response to and recovery from emergencies and disasters. The plans developed by the Chief pursuant to this paragraph must include the information prescribed in NRS 414.041 to 414.044 , inclusive.

(b) Conduct activities designed to:

(1) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;

(2) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency or disaster occurs by fostering the adoption of plans for emergency operations, conducting exercises to test those plans, training necessary personnel and acquiring necessary resources;

(3) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;

(4) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and

(5) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.

1. In addition to any other requirement concerning the program of emergency management in this State, the Chief shall:

(a) Maintain an inventory of any state or local services, equipment, supplies, personnel and other resources related to participation in the Nevada Intrastate Mutual Aid System established pursuant to NRS 414A.100 ;

(b) Coordinate the provision of resources and equipment within this State in response to requests for mutual aid pursuant to NRS 414.075 or chapter 414A of NRS;

(c) Coordinate with state agencies, local governments, Indian tribes or nations and special districts to use the personnel and equipment of those state agencies, local governments, Indian tribes or nations and special districts as agents of the State during a response to a request for mutual aid pursuant to NRS 414.075 or 414A.130 ; and

(d) Provide notice:

(1) On or before February 15 of each year to the governing body of each political subdivision of whether the political subdivision has complied with the requirements of NRS 239C.250 ;

(2) On or before February 15 of each year to the Chair of the Public Utilities Commission of Nevada of whether each utility that is not a governmental utility and each provider of new electric resources has complied with the requirements of NRS 239C.270 ;

(3) On or before February 15 of each year to the Governor of whether each governmental utility described in subsection 1 of NRS 239C.050 and each provider of new electric resources has complied with the requirements of NRS 239C.270 ;

(4) On or before February 15 of each year to the governing body of each governmental utility described in subsection 2 of

NRS 239C.050 and each provider of new electric resources of whether each such governmental utility has complied with the requirements of NRS 239C.270 ;

(5) On or before November 15 of each year to the Superintendent of Public Instruction of whether each board of trustees of a school district, governing body of a charter school or governing body of a private school has complied with the requirements of NRS 388.243 or 394.1687 , as applicable; and

(6) On or before November 15 of each year to the Chair of the Nevada Gaming Control Board of whether each resort hotel has complied with the requirements of NRS 463.790 .

1. The Division shall:

(a) Perform the duties required pursuant to chapter 415A of NRS;

(b) Perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government;

(c) Adopt regulations setting forth the manner in which federal funds received by the Division to finance projects related to emergency management and homeland security are allocated, except with respect to any funds committed by specific statute to the regulatory authority of another person or agency, including, without limitation, funds accepted by the State Emergency Response Commission pursuant to NRS 459.740 ; and

(d) Submit a written report to the Nevada Commission on Homeland Security within 60 days of making a grant of money to a state agency, political subdivision or tribal government to pay for a project or program relating to the prevention of, detection of, mitigation of, preparedness for, response to and recovery from acts of terrorism that includes, without limitation:

(1) The total amount of money that the state agency, political subdivision or tribal government has been approved to receive for the project or program;

(2) A description of the project or program; and

(3) An explanation of how the money may be used by the state agency, political subdivision or tribal government.

1. The Division shall develop a written guide for the preparation and maintenance of an emergency response plan to assist a person or governmental entity that is required to file a plan pursuant to NRS 239C.250 , 239C.270 , 388.243 , 394.1687

or 463.790 . The Division shall review the guide on an annual basis and revise the guide if necessary. On or before January 15 of each year, the Division shall post the guide on a publicly accessible Internet website maintained by the Division.

1. The Division shall provide a copy of the written guide developed pursuant to subsection 7 to a person or governmental entity that is required to file a plan pursuant to NRS 239C.250 , 239C.270 , 388.243 , 394.1687

or 463.790 upon the request of such a person or entity.

[4:293:1953]—(NRS A 1959, 787 ; 1961, 657 ; 1963, 1332 ; 1965, 341 , 704 ;

1967, 1497 ; 1971, 1436 ; 1981, 673 , 1280 ,

1286 ;

1983, 168 ; 1993, 825 , 1614 ;

1995, 579 ; 1999, 44 , 1243 ,

3120 ;

2001, 225 , 2606 ;

2011, 947 ; 2015, 291 ; 2019, 589 , 600 ,

2469 ;

2021, 260 , 645 ,

2104 ;

2023, 72 )

NRS 416.020

NRS

416.020

Definitions.

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 )

NRS 422.27179

NRS

422.27179

State Plan for Medicaid: Inclusion of requirement for payment of certain costs for breastfeeding supplies for certain period, prenatal screenings and tests and lactation consultation and support.

1. To the extent that money is available, the Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for:

(a) Supplies for breastfeeding a child until the child’s first birthday. Such supplies include, without limitation, electric or hospital-grade breast pumps that:

(1) Have been prescribed or ordered by a qualified provider of health care; and

(2) Are medically necessary for the mother or the child.

(b) Such prenatal screenings and tests as are recommended by the American College of Obstetricians and Gynecologists, or its successor organization.

1. The Director shall include in the State Plan for Medicaid a requirement that, to the extent that money and federal financial participation are available, the State must pay the nonfederal share of expenditures incurred for lactation consultation and support.

2. As used in this section:

(a) “Medically necessary” has the meaning ascribed to it in NRS 695G.055 .

(b) “Provider of health care” has the meaning ascribed to it in NRS 629.031 .

(Added to NRS by 2021, 3637 )

NRS 433.5453

NRS

433.5453

“Aversive intervention” defined.

“Aversive intervention” means any of the following actions if the action is used to punish a person with a disability or to eliminate, reduce or discourage maladaptive behavior of a person with a disability:

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. Requiring a person to perform exercise under forced conditions if the:

(a) Person is required to perform the exercise because the person exhibited a behavior that is related to his or her disability;

(b) Exercise is harmful to the health of the person because of his or her disability; or

(c) Nature of the person’s disability prevents the person from engaging in the exercise;

1. Any intervention, technique or procedure that deprives a person of the use of one or more of his or her senses, regardless of the length of the deprivation, including, without limitation, the use of sensory screens; or

2. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation, including, without limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarily served; or

(b) Medication.

(Added to NRS by 1999, 3229 )

NRS 444.495

NRS

444.495

“Solid waste management authority” defined.

“Solid waste management authority” means:

1. Except as otherwise provided in subsection 2, the district board of health in any area in which a health district has been created pursuant to NRS 439.362 or 439.370 and in any area over which the board has authority pursuant to an interlocal agreement, if the board has adopted all regulations that are necessary to carry out the provisions of NRS 444.440 to 444.620 , inclusive.

2. In all other areas of the State and pursuant to NRS 704.7318 , at any site previously used for the production of electricity from a coal-fired electric generating plant in this State, the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

(Added to NRS by 1993, 10 ; A 2005, 2468 ; 2009, 1080 ; 2013, 3086 )

NRS 453.554

NRS

453.554

“Drug paraphernalia” defined.

1. Except as otherwise provided in subsection 2, as used in NRS 453.554 to 453.566 , inclusive, unless the context otherwise requires, “drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter. The term includes, but is not limited to:

(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing or preparing controlled substances;

(c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(d) Testing equipment, other than testing products, used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

(e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

(g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(i) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; and

(k) Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

(2) Water pipes;

(3) Smoking masks;

(4) Roach clips, which are objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(5) Cocaine spoons and cocaine vials;

(6) Carburetor pipes and carburetion tubes and devices;

(7) Chamber pipes;

(8) Electric pipes;

(9) Air-driven pipes;

(10) Chillums;

(11) Bongs; and

(12) Ice pipes or chillers.

1. The term does not include:

(a) Any type of hypodermic syringe, needle, instrument, device or implement intended or capable of being adapted for the purpose of administering drugs by subcutaneous, intramuscular or intravenous injection; or

(b) Testing products.

1. As used in this section:

(a) “Fentanyl test strip” means a strip used to rapidly test for the presence of fentanyl or other synthetic opiates.

(b) “Testing product” means a product, including, without limitation, a fentanyl test strip, that analyzes a controlled substance for the presence of adulterants.

(Added to NRS by 1981, 405 ; A 2013, 3174 ; 2021, 895 )

NRS 455.093

NRS

455.093

“

High consequence subsurface installation” defined.

“High consequence subsurface installation” means the following types of subsurface installations:

1. A high-pressure natural gas pipeline with a normal operating pressure greater than 100 pounds per square inch gauge;

2. A petroleum pipeline;

3. A pressurized sewage pipeline or force main;

4. A high-voltage electric supply line, conductor or cable that has a phase-to-phase potential of 115 kilovolts or more;

5. A high-capacity water pipeline that is 18 inches or more in diameter;

6. An optical carrier level communications line and any related facility;

7. A hazardous materials pipeline; or

8. Any other subsurface installation that if damaged will interrupt services provided by any facility or agency that provides health or safety services to the public, including, without limitation, hospitals, law enforcement agencies, armed forces, firefighting agencies, detention centers, air traffic control, emergency operation centers, telecommunication towers and water or sewer treatment plants.

(Added to NRS by 2015, 322 )

NRS 455.140

NRS

455.140

Duties of person responsible for contact with, exposure of or damage to subsurface installation.

1. Each person responsible for any excavation or demolition that results in contact with, exposure of or damage to a subsurface installation shall:

(a) Notify the operator of the location and nature of the damage; and

(b) Allow the operator reasonable time, consistent with the practice in the industry, to arrange for and to make any necessary repairs to the subsurface installation before completing the excavation or demolition in the immediate area of the subsurface installation.

1. Each person responsible for any excavation or demolition that results in any damage to a subsurface installation which permits the escape of water, of any flammable, toxic or corrosive gas or liquid, or of electricity, shall:

(a) Notify the operator; and

(b) Minimize the hazard until the arrival of the personnel of the operator.

(Added to NRS by 1987, 1178 ; A 1991, 1146 )

NRS 455.200

NRS

455.200

Definitions.

As used in NRS 455.200 to 455.250 , inclusive, unless the context otherwise requires:

1. “High voltage” means voltage in excess of 600 volts measured between conductors or between a conductor and a ground.

2. “Overhead line” means a bare or insulated electrical conductor installed above ground.

3. “Public utility” has the meaning ascribed to it in NRS 704.020 .

(Added to NRS by 1993, 878 )

NRS 455.210

NRS

455.210

Applicability of provisions.

The provisions of NRS 455.220 and 455.230 are not applicable to:

1. An employee of a public utility which produces, transmits or delivers electricity, or a public utility which provides communication services, while the employee, in the course of his or her employment, constructs, modifies, operates or maintains:

(a) Electrical systems;

(b) Communication systems; or

(c) Overhead electrical or communication circuits or conductors, or the structures supporting them.

1. An employee of a video service provider operating pursuant to chapter 711 of NRS or a business which provides communication services, while the employee, acting within the scope of his or her employment, is making service attachments to the structure supporting an overhead line carrying high voltage, if authorized to do so by the public utility operating the overhead line.

(Added to NRS by 1993, 878 ; A 2007, 1392 )

NRS 461.170

NRS

461.170

Division required to adopt by regulation nationally recognized codes and standards for construction, reconstruction and alteration.

1. The Division shall adopt by regulation nationally recognized codes and standards for the construction of factory-built housing, manufactured buildings and modular components.

2. The Division shall adopt regulations for the:

(a) Reconstruction; and

(b) Alteration, including, without limitation, alteration to a plumbing, heating or electrical system,

Ê of factory-built housing, manufactured buildings and modular components that are consistent with nationally recognized codes and standards.

1. If approved in writing by the Division, a local enforcement agency may impose requirements that are more stringent than the codes, standards and regulations adopted under this section.

(Added to NRS by 1971, 1312 ; A 1979, 1220 ; 1985, 373 ; 1993, 232 ; 1999, 928 ; 2007, 385 )

NRS 463.0155

NRS

463.0155

“Gaming device” defined.

“Gaming device” means any object used remotely or directly in connection with gaming or any game which affects the result of a wager by determining win or loss and which does not otherwise constitute associated equipment. The term includes, without limitation:

1. A slot machine.

2. Mobile gaming.

3. A collection of two or more of the following components:

(a) An assembled electronic circuit which cannot be reasonably demonstrated to have any use other than in a slot machine;

(b) A cabinet with electrical wiring and provisions for mounting a coin, token or currency acceptor and provisions for mounting a dispenser of coins, tokens or anything of value;

(c) An assembled mechanical or electromechanical display unit intended for use in gambling; or

(d) An assembled mechanical unit which cannot be demonstrated to have any use other than in a slot machine.

1. Any object which may be connected to or used with a slot machine to alter the normal criteria of random selection or affect the outcome of a game.

2. A system for the accounting or management of any game in which the result of the wager is determined electronically by using any combination of hardware or software for computers.

3. A control program.

4. Any combination of one of the components set forth in paragraphs (a) to (d), inclusive, of subsection 3 and any other component which the Commission determines by regulation to be a machine used directly or remotely in connection with gaming or any game which affects the results of a wager by determining a win or loss.

5. Any object that has been determined to be a gaming device pursuant to regulations adopted by the Commission.

6. As used in this section:

(a) “Control program” means any software, source language or executable code which affects the result of a wager by determining win or loss as determined pursuant to regulations adopted by the Commission.

(b) “Mobile gaming” means the conduct of gambling games through communications devices operated solely in an establishment which holds a nonrestricted gaming license and which operates at least 100 slot machines and at least one other game by the use of communications technology that allows a person to transmit information to a computer to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information. For the purposes of this paragraph, “communications technology” means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wireless network, wireless fidelity, wire, cable, radio, microwave, light, optics or computer data networks. The term does not include the Internet.

(Added to NRS by 1967, 1039 ; A 1981, 1074 ; 1985, 2135 ; 1993, 307 ; 2009, 274 ; 2011, 1642 ; 2019, 1274 ; 2021, 3377 )

NRS 463.0191

NRS

463.0191

“Slot machine” defined.

“Slot machine” means any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object, or upon payment of any consideration, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator in playing a gambling game which is presented for play by the machine or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or any thing of value, whether the payoff is made automatically from the machine or in any other manner.

(Added to NRS by 1967, 1040 ; A 1985, 2135 )

NRS 465.075

NRS

465.075

Use or possession of device, software or hardware to obtain advantage at playing game prohibited.

It is unlawful for any person to use, possess with the intent to use or assist another person in using or possessing with the intent to use any computerized, electronic, electrical or mechanical device, or any software or hardware, or any combination thereof, which is designed, constructed, altered or programmed to obtain an advantage at playing any game in a licensed gaming establishment or any game that is offered by a licensee or affiliate, including, without limitation, a device that:

1. Projects the outcome of the game;

2. Keeps track of cards played or cards prepared for play in the game;

3. Analyzes the probability of the occurrence of an event relating to the game; or

4. Analyzes the strategy for playing or betting to be used in the game,

Ê except as may be made available as part of an approved game or otherwise permitted by the Commission.

(Added to NRS by 1985, 970 ; A 2011, 216 ; 2013, 1317 )

NRS 466.216

NRS

466.216

Unlawful use of electrical device or appliance to alter speed of racing animal; penalty.

1. It is unlawful for any person to use or be responsible for the use of any electrical device or appliance to alter the speed of a racing animal.

2. It is unlawful for any person to:

(a) Possess, manufacture, sell, distribute or market;

(b) Instruct another in the use of; or

(c) Cause or be responsible for an electrical current being discharged through,

Ê an electrical or mechanical device or other appliance designed specifically to increase or decrease the speed of an animal during a race, other than a whip approved by the Commission.

1. Any person who violates the provisions of subsection 1 or 2 is guilty of a gross misdemeanor.

(Added to NRS by 1991, 704 )

NRS 482.029

NRS

482.029

“

Electric personal assistive mobility device” defined.

“Electric personal assistive mobility device” means a self-balancing, two nontandem wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.

(Added to NRS by 2003, 1205 )

NRS 482.0295

NRS

482.0295

“Electric scooter” defined.

“Electric scooter” means a vehicle:

1. With handlebars and an electric motor that is designed to be ridden on in an upright or seated position and is propelled by its electric motor or by propulsion provided by the rider;

2. That does not weigh more than 100 pounds without a rider; and

3. That has a maximum speed of not more than 20 miles per hour when powered solely by its electric motor.

(Added to NRS by 2019, 1879 )

NRS 482.069

NRS

482.069

“Moped” defined.

“Moped” means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, and:

1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.

Ê The term does not include an electric bicycle or an electric scooter.

(Added to NRS by 1975, 1075 ; A 1983, 895 ; 2009, 394 ; 2019, 1879 )

NRS 482.070

NRS

482.070

“Motorcycle” defined. [Effective until the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles.]

“Motorcycle” means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term “electric bicycle,” “electric scooter,” “tractor” or “moped” as defined in this chapter.

[Part 1:202:1931; A 1951, 165 ; 1953, 280 ]—(NRS A 1975, 1075 ; 2009, 394 ; 2019, 1880 )

NRS

482.070

“Motorcycle” defined. [Effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles.]

“Motorcycle” means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term “electric bicycle,” “electric scooter,” “tractor” or “moped” as defined in this chapter. The term does not include an autocycle.

[Part 1:202:1931; A 1951, 165 ; 1953, 280 ]—(NRS A 1975, 1075 ; 2009, 394 ; 2019, 1880 ; 2023, 1471 , effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233, Statutes of Nevada 2023, at page 1468 , which relate to autocycles)

NRS 482.135

NRS

482.135

“Vehicle” defined.

Except as otherwise provided in NRS 482.36348 , “vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway. The term does not include:

1. Devices moved by human power or used exclusively upon stationary rails or tracks;

2. Mobile homes or commercial coaches as defined in chapter 489 of NRS;

3. Electric bicycles;

4. Electric personal assistive mobility devices;

5. Electric scooters;

6. A mobile carrying device as that term is defined in NRS 484B.029 ; or

7. A personal delivery device as that term is defined in NRS 484B.044 .

[Part 1:202:1931; A 1951, 165 ; 1953, 280 ]—(NRS A 1979, 1222 ; 2003, 1205 ; 2003, 20th Special Session, 299 ; 2019, 1880 , 3099 ;

2023, 940 )

NRS 482.210

NRS

482.210

Exemptions from registration.

1. The provisions of this chapter requiring the registration of certain vehicles do not apply to:

(a) Special mobile equipment.

(b) Implements of husbandry.

(c) Any mobile home or commercial coach subject to the provisions of chapter 489 of NRS.

(d) Electric bicycles.

(e) Golf carts which are:

(1) Traveling upon highways properly designated by the appropriate city or county as permissible for the operation of golf carts; and

(2) Operating pursuant to a permit issued pursuant to this chapter.

(f) Towable tools or equipment as defined in NRS 484D.055 .

(g) Any motorized conveyance for a wheelchair, whose operator is a person with a disability who is unable to walk about.

(h) Electric scooters.

1. For the purposes of this section, “motorized conveyance for a wheelchair” means a vehicle which:

(a) Can carry a wheelchair;

(b) Is propelled by an engine which produces not more than 3 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 2250 watts final output;

(c) Is designed to travel on not more than three wheels; and

(d) Can reach a speed of not more than 30 miles per hour on a flat surface with not more than a grade of 1 percent in any direction.

Ê The term does not include a tractor.

[Part 6:202:1931; A 1941, 51 ; 1949, 511 ; 1953, 52 ]—(NRS A 1963, 348 ; 1973, 470 ; 1975, 1075 ; 1979, 1223 ; 1981, 620 ; 1983, 436 ; 1991, 2330 ; 2009, 394 ; 2015, 1117 , 1748 ;

2019, 1880 )

NRS 482.2175

NRS

482.2175

Pilot program for determining vehicle miles traveled; duties of Department; reports; acceptance of gifts, grants and donations; regulations. [Effective through December 31, 2026.]

1. The Legislature hereby finds and declares that:

(a) The State faces major financial challenges to adequately fund the construction and maintenance of the highways of this State as revenues from taxes imposed on fuel, at both the state and federal level, long used to fund construction and maintenance of the highways of this State and many other states, have declined primarily because of the improved efficiency of the motor vehicles operated on the highways of this State.

(b) The Legislature must seek significant and innovative solutions in order to meet the challenges of adequately funding the construction and maintenance of the highways of this State into the future, among them the concept of basing revenue collection on the annual vehicle miles traveled by each vehicle using the highways of this State.

1. The Legislature therefore directs the Department of Motor Vehicles to conduct a pilot program to gather data on annual vehicle miles traveled and other relevant information for certain motor vehicles registered in this State.

2. Upon receipt of the information obtained pursuant to NRS 482.2177 , the Department shall compile the data and prepare a report on the annual vehicle miles traveled of those motor vehicles in this State required to provide odometer readings pursuant to NRS 482.2177

by categories determined by the Department, including, without limitation, the annual vehicle miles traveled by:

(a) Type of motor vehicle, including, without limitation:

(1) Passenger car;

(2) Light-duty;

(3) Heavy-duty;

(4) Motortruck;

(5) Truck-tractor; and

(6) Bus.

(b) Weight of motor vehicle, including, without limitation:

(1) Less than 6,000 pounds;

(2) From 6,000 pounds to 8,499 pounds;

(3) From 8,500 pounds to 10,000 pounds;

(4) From 10,001 pounds to 26,000 pounds;

(5) From 26,001 pounds to 80,000 pounds; and

(6) Over 80,000 pounds.

(c) Motor vehicle fuel type or power source, including, without limitation:

(1) Compressed natural gas;

(2) Diesel;

(3) Electric;

(4) Flexible fuel E85;

(5) Flexible fuel M85;

(6) Hybrid diesel;

(7) Hybrid electric;

(8) Hybrid gasoline/gasohol;

(9) Hydrogen;

(10) Gasoline/gasohol;

(11) Liquefied natural gas; and

(12) Propane.

1. Beginning not later than December 31, 2019, the Department shall compile all the information available to produce the report required pursuant to subsection 3 every 6 months, and shall transmit the report not later than January 1 and July 1 of each year to:

(a) The Chair of the Assembly Standing Committee on Growth and Infrastructure;

(b) The Chair of the Senate Standing Committee on Growth and Infrastructure; and

(c) The Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.

1. The Department may apply for and accept gifts, grants and donations to assist with the implementation of the pilot program.

2. The Department shall not disclose any information provided to the Department pursuant to NRS 482.2177 to an insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting, cancellation or nonrenewal of insurance required by NRS 485.185 .

3. The Department:

(a) Shall adopt regulations which establish procedures for implementing the pilot program, including, without limitation, those procedures required for:

(1) A person to provide to the Department the mileage shown on the odometer of each vehicle and other information as required by NRS 482.2177 ; and

(2) Any exemptions from the requirements of NRS 482.2177 that the Department deems appropriate to avoid undue hardship for the registered owner of a motor vehicle.

(b) May adopt regulations providing for an administrative fine for failure to comply in a timely manner with the requirements of NRS 482.2177 .

1. The Department shall investigate and, where possible, implement technology or other solutions which allow a person required to provide to the Department the mileage shown on the odometer of his or her vehicle and other information pursuant to NRS 482.2177 to provide that digitally or electronically to the Department.

(Added to NRS by 2019, 3000 ; A 2021, 1075 )

NRS 482.350

NRS

482.350

Dealers: New vehicle dealer’s license not to be issued unless dealer first furnishes to Department instrument indicating dealer is franchised dealer of manufacturer; additional functions in which used vehicle dealers may engage.

1. Except for a manufacturer described in subsection 2 of NRS 482.078 :

(a) A new vehicle dealer’s license shall not be furnished to any dealer in new vehicles, trailers or semitrailers unless the dealer first furnishes the Department an instrument executed by or on behalf of the manufacturer certifying that the dealer is an authorized franchised dealer for the make or makes of vehicle concerned.

(b) New vehicle dealers are authorized to sell at retail only those new vehicles for which they are certified as franchised dealers by the manufacturer.

1. In addition to selling used vehicles, a used vehicle dealer may:

(a) Sell at wholesale a new vehicle taken in trade or acquired as a result of a sales contract to a new vehicle dealer who is licensed and authorized to sell that make of vehicle;

(b) Sell at wholesale a new vehicle through a wholesale vehicle auction provided that the wholesale vehicle auctioneer:

(1) Does not take an ownership interest in the vehicle; and

(2) Auctions the vehicle to a vehicle dealer who is licensed and authorized to sell that make of vehicle or to an automobile wrecker who is licensed in this State or any other state;

(c) Sell a new vehicle on consignment from a person not licensed as a vehicle dealer, rebuilder or a long-term or short-term lessor; or

(d) Sell a new vehicle if it has been substantially modified by the used vehicle dealer or a third party for use by a driver or passenger who is a person with a disability.

1. As used in this section:

(a) “Person with a disability” has the meaning ascribed to it in NRS 433.5473 .

(b) “Substantially modified” means equipped or adapted for the purpose of aiding or allowing a person with a disability to operate, travel in, enter, exit or load a vehicle. The term includes, without limitation:

(1) Mechanical or structural changes to a vehicle that allow a person with a disability to safely drive or ride as a passenger;

(2) A device or mechanism that is used for loading or unloading a wheelchair or scooter and is mounted on the roof, in the passenger area, in the trunk or other storage area of a vehicle; and

(3) Mechanical or electrical adaptive control devices that are installed in a vehicle to enable a person with mobility restrictions to control, without limitation, the accelerator, foot brake, turn signals, dimmer switch, steering wheel or parking brake of a vehicle.

[Part 16:202:1931; A 1937, 330 ; 1951, 165 ; 1953, 280 ; 1955, 468 ]—(NRS A 1957, 508 ; 1965, 1475 ; 1995, 776 ; 2007, 3211 ; 2014, 28th Special Session, 5 ; 2015, 850 )

NRS 482.36349

NRS

482.36349

Certain manufacturers not subject to provisions governing franchises for sales of motor vehicles.

1. Except as otherwise provided in subsection 3, a manufacturer is not subject to the provisions of NRS 482.36311 to 482.36425 , inclusive, if the manufacturer:

(a) Only manufactures passenger cars powered solely by one or more electric motors;

(b) Only sells at retail new or new and used passenger cars that it manufactures; and

(c) Was selling such passenger cars at retail in this State on or before January 1, 2016.

1. Except as otherwise provided in subsection 3, a manufacturer is not subject to the provisions of NRS 482.36311 to 482.36425 , inclusive, if the manufacturer:

(a) Manufactures fully autonomous vehicles in this State that are operated exclusively by an automated driving system; and

(b) Is selling such fully autonomous vehicles in this State to another legal entity under common control with the manufacturer.

1. A manufacturer described in subsection 1 or 2 is subject to the provisions of NRS 482.363574 .

2. As used in this section:

(a) “Automated driving system” has the meaning ascribed to it in NRS 482A.025 .

(b) “Fully autonomous vehicle” has the meaning ascribed to it in NRS 482A.036 .

(Added to NRS by 2014, 28th Special Session, 4 ; A 2017, 1540 ; 2023, 594 )

NRS 482.3797

NRS

482.3797

Electric powered vehicles. [Effective until the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles.]

1. The Department shall:

(a) Design, prepare and issue special license plates for passenger cars and light commercial vehicles that are wholly powered by an electric motor, using any colors and designs that the Department deems appropriate; and

(b) Issue the plates only to residents of Nevada for a passenger car or light commercial vehicle which is wholly powered by an electric motor.

1. The Department may issue special license plates pursuant to subsection 1 upon application by any person who:

(a) Is entitled to license plates pursuant to NRS 482.265 ;

(b) Submits proof satisfactory to the Department that the vehicle for which the special license plates are intended meets the requirements of subsection 1; and

(c) Otherwise complies with the requirements for registration and licensing pursuant to this chapter.

1. The fee for the special license plates is $125, in addition to applicable governmental services taxes. The special license plates are renewable upon the payment of $80.

2. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with special license plates issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates pursuant to subsection 3.

3. The Department, after deducting the costs of all applicable registration, license and license plate fees, shall deposit the fees collected pursuant to subsection 3 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection in the State Highway Fund.

4. If, during a registration period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedures set forth for other transfers; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

(Added to NRS by 2019, 2519 )

NRS

482.3797

Electric powered vehicles. [Effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles.]

1. The Department shall:

(a) Design, prepare and issue special license plates for vehicles that are wholly powered by an electric motor, using any colors and designs that the Department deems appropriate; and

(b) Issue the plates only to residents of Nevada for a vehicle which is wholly powered by an electric motor.

1. The Department may issue special license plates pursuant to subsection 1 upon application by any person who:

(a) Is entitled to license plates pursuant to NRS 482.265 ;

(b) Submits proof satisfactory to the Department that the vehicle for which the special license plates are intended meets the requirements of subsection 1; and

(c) Otherwise complies with the requirements for registration and licensing pursuant to this chapter.

1. The fee for the issuance of special license plates is $90, in addition to the registration fees set forth in NRS 482.480 and 482.482 , as applicable, and governmental services taxes. The special license plates are renewable upon the payment of $46.

2. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with special license plates issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates pursuant to subsection 3.

3. The Department, after deducting the costs of all applicable registration, license and license plate fees, shall deposit the fees collected pursuant to subsection 3 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection in the State Highway Fund.

4. If, during a registration period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedures set forth for other transfers; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

(Added to NRS by 2019, 2519 ; A 2023, 1473 , effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233, Statutes of Nevada 2023, at page 1468 , which relate to autocycles)

NRS 482.482

NRS

482.482

Additional fees for registration of motortruck, truck-tractor or bus; payment by installment for fleets authorized; penalty for failure to pay fee or tax; registration of vehicle after conviction or plea for operating vehicle which exceeded its declared gross weight.

1. Except as otherwise provided in NRS 482.3817 , in addition to any other applicable fee listed in NRS 482.480 , there must be paid to the Department for the registration of every motortruck, truck-tractor or bus which has a declared gross weight of:

(a) Less than 6,000 pounds, a fee of $33.

(b) Not less than 6,000 pounds and not more than 8,499 pounds, a fee of $38.

(c) Not less than 8,500 pounds and not more than 10,000 pounds, a fee of $48.

(d) Not less than 10,001 pounds and not more than 26,000 pounds, a fee of $12 for each 1,000 pounds or fraction thereof.

(e) Not less than 26,001 pounds and not more than 80,000 pounds, a fee of $17 for each 1,000 pounds or fraction thereof.

(f) To the extent authorized by federal law, not less than 80,001 pounds and not more than 129,000 pounds, a fee of $1,360, plus $20 for each 1,000 pounds or fraction thereof over 80,000 pounds. The maximum fee is $2,340. A vehicle may register for additional weight as follows, for no additional fee:

(1) A vehicle powered by an alternative fuel source, including, without limitation, liquefied natural gas or electric power, may register for additional weight in an amount equal to the weight of the equipment required for the alternative fuel system but not to exceed 2,000 pounds.

(2) A vehicle with an auxiliary power unit or idle reduction technology, as those terms are defined in 42 U.S.C. § 16104, may register for additional weight in an amount equal to the weight of the auxiliary power unit or idle reduction technology but not to exceed 550 pounds.

1. Except as otherwise provided in subsection 6, the original or renewal registration fees for fleets of vehicles with a declared gross weight in excess of 26,000 pounds and the governmental services tax imposed by the provisions of chapter 371 of NRS for the privilege of operating those vehicles may be paid in installments, the amount of which must be determined by regulation. The Department shall not allow installment payments for a vehicle added to a fleet after the original or renewal registration is issued.

2. If the due date of any installment falls on a Saturday, Sunday or legal holiday, that installment is not due until the next following business day.

3. Any payment required by subsection 2 shall be deemed received by the Department on the date shown by the post office cancellation mark stamped on an envelope containing payment properly addressed to the Department, if that date is earlier than the actual receipt of that payment.

4. A person who fails to pay any fee pursuant to subsection 2 or governmental services tax when due shall pay to the Department a penalty of 10 percent of the amount of the unpaid fee, plus interest on the unpaid fee at the rate of 1 percent per month or fraction of a month from the date the fee and tax were due until the date of payment.

5. If a person fails to pay any fee pursuant to subsection 2 or governmental services tax when due, the Department may, in addition to the penalty provided for in subsection 5, require that person to pay:

(a) The entire amount of the unpaid registration fee and governmental services tax owed by that person for the remainder of the period of registration; and

(b) On an annual basis, any registration fee and governmental services tax set forth in subsection 2 which may be incurred by that person in any subsequent period of registration.

1. A person who is convicted of, or who pleads guilty, guilty but mentally ill or nolo contendere to, a violation of NRS 484D.630 must reregister the vehicle with a declared gross weight equal to:

(a) The gross vehicle weight rating; or

(b) The combined gross vehicle weight rating, if the vehicle was operated in combination at the time of the violation.

Ê The registration fee owed pursuant to this subsection is incurred from the date the person was convicted of, or pled guilty, guilty but mentally ill or nolo contendere to, a violation of NRS 484D.630 .

(Added to NRS by 1985, 1836 ; A 1987, 145 , 612 ,

1794 ;

1989, 1423 ; 1991, 1906 ; 1995, 344 ; 1997, 322 ; 2001, 336 ; 2007, 55 ; 2009, 466 ; 2017, 979 ; 2019, 1329 , 2966 )

NRS 483.088

NRS

483.088

“Moped” defined.

“Moped” means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, and:

1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.

Ê The term does not include an electric bicycle or an electric scooter, as defined in NRS 482.0295 .

(Added to NRS by 1975, 1076 ; A 1983, 895 ; 2009, 397 ; 2019, 1881 )

NRS 483.090

NRS

483.090

“Motor vehicle” defined.

“Motor vehicle” means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails. “Motor vehicle” includes a moped. The term does not include an electric bicycle or an electric scooter, as defined in NRS 482.0295 .

[Part 2:190:1941; A 1943, 268 ; 1943 NCL § 4442.01]—(NRS A 1975, 1076 ; 2009, 397 ; 2019, 1881 )

NRS 483.190

NRS

483.190

“Vehicle” defined.

“Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except:

1. Devices moved by human power or used exclusively upon stationary rails or tracks;

2. Electric bicycles;

3. Electric personal assistive mobility devices as defined in NRS 482.029 ; and

4. An electric scooter, as defined in NRS 482.0295 .

[Part 2:190:1941; A 1943, 268 ; 1943 NCL § 4442.01]—(NRS A 2003, 1206 ; 2019, 1881 )

NRS 483.725

NRS

483.725

Courses of training: Required topics of instruction; use of communications technology for interactive instruction and testing; regulations.

1. Except as otherwise provided in NRS 483.727 , each course of training provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780 , inclusive, must include, without limitation, instruction in:

(a) Motor vehicle insurance.

(b) The effect of drugs and alcohol on an operator of a motor vehicle.

(c) Rules of the road relating to pedestrians and persons riding bicycles, electric bicycles and electric scooters.

1. If a course of training provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780 , inclusive, consists in whole or in part of classroom instruction, that part of the course which consists of classroom instruction may be taught interactively through the use of communications technology so that persons taking the course need not be physically present in a classroom.

2. The Department shall adopt regulations to carry out the provisions of subsection 2. The regulations must include, without limitation:

(a) Provisions for the licensing and operation of interactive courses that use communications technology;

(b) Provisions to ensure that interactive courses which use communications technology are secure, reliable and include measures for testing and security that are at least as secure as the measures for testing and security which would be available in an ordinary classroom; and

(c) Standards to ensure that interactive courses which use communications technology offer a curriculum that is at least as stringent as the curriculum which would be available in an ordinary classroom.

1. As used in this section, “communications technology” means any method or component, or both, that is used by a school for training drivers licensed pursuant to NRS 483.700 to 483.780 , inclusive, to carry out or facilitate the transmission of information, including, without limitation, the transmission and reception of information by:

(a) Systems based on the following technologies:

(1) Video;

(2) Wire;

(3) Cable;

(4) Radio;

(5) Microwave;

(6) Light; or

(7) Optics; and

(b) Computer data networks, including, without limitation, the Internet or its successor, if any, and intranet services.

(Added to NRS by 1995, 1748 ; A 1997, 1524 ; 2001 Special Session, 273 ; 2019, 2972 ; 2021, 1047 )

NRS 485.050

NRS

485.050

“Motor vehicle” defined.

“Motor vehicle” means every self-propelled vehicle which is designed for use upon a highway, including:

1. Trailers and semitrailers designed for use with such vehicles, except traction engines, road rollers, farm tractors, tractor cranes, power shovels and well drillers; and

2. Every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails.

Ê The term does not include electric personal assistive mobility devices as defined in NRS 482.029 or an electric bicycle as defined in NRS 484B.017 .

[1.3:127:1949; 1943 NCL § 4439.01c]—(NRS A 2003, 1206 ; 2021, 1744 )

NRS 486.038

NRS

486.038

“Moped” defined.

“Moped” means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, and:

1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.

Ê The term does not include an electric bicycle as defined in NRS 484B.017 or an electric scooter as defined in NRS 482.0295 .

(Added to NRS by 1975, 1082 ; A 1983, 896 ; 2009, 402 ; 2019, 1897 ; 2021, 1744 )

NRS 486.041

NRS

486.041

“Motorcycle” defined. [Effective until the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles.]

“Motorcycle” means every motor vehicle equipped with a seat or a saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, excluding an electric bicycle as defined in NRS 484B.017 , an electric scooter as defined in NRS 482.0295 , a tractor and a moped.

(Added to NRS by 1971, 1465 ; A 1975, 1082 ; 2009, 403 ; 2019, 1897 ; 2021, 1744 )

NRS

486.041

“Motorcycle” defined. [Effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles.]

“Motorcycle” means every motor vehicle equipped with a seat or a saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, excluding an electric bicycle as defined in NRS 484B.017 , an electric scooter as defined in NRS 482.0295 , a tractor, an autocycle and a moped.

(Added to NRS by 1971, 1465 ; A 1975, 1082 ; 2009, 403 ; 2019, 1897 ; 2021, 1744 ; 2023, 1475 , effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233, Statutes of Nevada 2023, at page 1468 , which relate to autocycles)

NRS 486.271

NRS

486.271

Turn signals.

1. Every motorcycle manufactured after January 1, 1973, which is sold or offered for sale and which is intended to be operated upon the highways of this State shall be equipped with electric turn signal lamps.

2. Such lamps shall be located on the front and rear and shall indicate an intention to turn by flashing lights in the direction toward which the turn is to be made.

3. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light, or any shade of light between white and amber.

4. The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit red or amber light, or any shade of light between red and amber.

(Added to NRS by 1971, 1469 ; A 1973, 731 )

NRS 487.540

NRS

487.540

“Garage” defined.

1. “Garage” means a business establishment, sole proprietorship, firm, corporation, association or other legal entity that performs any of the following services on motor vehicles:

(a) Repair or replacement of the:

(1) Engine;

(2) Brake system;

(3) Transmission system;

(4) Drivetrain system;

(5) Heating and air-conditioning system;

(6) Cooling system;

(7) Muffler and exhaust system;

(8) Electrical system;

(9) Electrical charging system; or

(10) Fuel injection or carburetion system;

(b) Engine tune up;

(c) Diagnostic testing;

(d) Alignment; or

(e) Oil change and lubrication.

1. “Garage” does not include a business establishment, sole proprietorship, firm, corporation, association or other legal entity that does not perform services on motor vehicles for members of the general public.

(Added to NRS by 1997, 1368 ; A 2007, 3228 )

NRS 487.725

NRS

487.725

“Electronic components” defined.

“Electronic components” means major electrical or electronic items or parts within a motor vehicle, including, without limitation:

1. Computer control modules for the:

(a) Engine of the vehicle;

(b) Air-conditioning systems and parts thereof;

(c) Traction control systems and parts thereof;

(d) Antilock braking systems and parts thereof;

(e) Electrical or electronic items used to power or propel a hybrid vehicle;

(f) Wiring harnesses; or

(g) Supplemental restraint systems; and

1. Any other major electrical item or part declared by regulation of the Department to be an electronic component.

(Added to NRS by 2011, 1658 )

NRS 487.740

NRS

487.740

“Flood-damaged vehicle” defined.

“Flood-damaged vehicle” means a motor vehicle which:

1. Has been submerged in water to a point that the level of the water is higher than the door sill of the vehicle and the water has entered the passenger, trunk or engine compartment of the vehicle and has come into contact with the electrical system of the vehicle; or

2. Has been acquired by an insurance company or retained by its owner or any other person as part of a total loss settlement resulting from water damage.

(Added to NRS by 2003, 1909 )

NRS 488.035

NRS

488.035

Definitions.

As used in this chapter, unless the context otherwise requires:

1. “Aquatic invasive species” means an aquatic species which is exotic or not native to this State and which the Commission has determined to be detrimental to aquatic life, water resources or infrastructure for providing water in this State.

2. “Aquatic plant material” means aquatic plants or parts of plants that are dependent on an aquatic environment to survive.

3. “Commission” means the Board of Wildlife Commissioners.

4. “Conveyance” means a motor vehicle, trailer or any other equipment used to transport a vessel or containers or devices used to haul water on a vessel that may contain or carry an aquatic invasive species or aquatic plant material.

5. “Decontaminate” means eliminate any aquatic invasive species on a vessel or conveyance in a manner specified by the Commission which may include, without limitation, washing the vessel or conveyance, draining the water in the vessel or conveyance, drying the vessel or conveyance or chemically, thermally or otherwise treating the vessel or conveyance.

6. “Department” means the Department of Wildlife.

7. “Flat wake” means the condition of the water close astern a moving vessel that results in a flat wave disturbance.

8. “Hull identification number” means the number assigned to a vessel pursuant to 33 C.F.R. Part 181, Subpart C.

9. “Human-powered vessel” means a vessel propelled by human power.

10. “Interstate waters of this State” means waters forming the boundary between the State of Nevada and an adjoining state.

11. “Legal owner” means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the State or any political subdivision of the State under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.

12. “Mechanically propelled personal hydrofoil” means a power-driven vessel that consists of a board fitted with a mast extending below the board that is attached to a fuselage with a forward wing, rear stabilizer and electric motor or internal combustion engine.

13. “Motorized surfboard” means a power-driven vessel that consists of a board using a surfboard-type design fitted with either an electric motor or internal combustion engine.

14. “Operate” means to navigate or otherwise use a vessel.

15. “Owner” means:

(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he or she lends, rents or pledges the vessel;

(b) A debtor under a security agreement relating to a vessel; or

(c) A person, other than a secured party, who has a property right with regard to a human-powered vessel, including, without limitation, a person entitled to use or possess a human-powered vessel subject to a security interest of another person.

Ê “Owner” does not include a person defined as a “legal owner” under subsection 11 or a person who is leasing a vessel where the vessel is not a security interest under the lease.

1. “Person” has the meaning ascribed to it in NRS 0.039 and includes, without limitation, a governmental entity.

2. “Power-driven vessel” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. The term includes, without limitation:

(a) A mechanically propelled personal hydrofoil;

(b) A motorized surfboard; and

(c) A vessel equipped with both a sail and a motor.

1. “Prohibited substance” has the meaning ascribed to it in NRS 484C.080 .

2. “Registered owner” means the person registered by the Department as the owner of a vessel.

3. “Sailing vessel” means a vessel that is propelled by wind power and is not equipped with a motor.

4. “State hull number” means a hull number issued for a vessel by the Department that meets the requirements prescribed by the United States Coast Guard, including, without limitation, 33 C.F.R. § 174.16 and 33 C.F.R. Part 181, Subpart C.

5. “State of principal operation” means the state in whose waters a vessel is or will be operated most during a calendar year.

6. “Under the influence” means impaired to a degree that renders a person incapable of safely operating or exercising actual physical control of a vessel.

7. A vessel is “under way” if it is adrift, making way or being propelled, and is not aground, made fast to the shore, or tied or made fast to a dock or mooring.

8. “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

9. “Waters of this State” means any waters within the territorial limits of this State.

(Added to NRS by 1960, 474 ; A 1965, 1060 ; 1967, 127 ; 1971, 756 ; 1979, 911 ; 1985, 519 , 1962 ;

1991, 853 ; 1993, 222 ; 1999, 3430 ; 2003, 1567 ; 2011, 2404 ; 2015, 36 , 2541 ;

2023, 534 )

NRS 488.187

NRS

488.187

Lights.

1. Every power-driven vessel or sailing vessel in all weathers from sunset to sunrise, as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C., must carry and exhibit the following lights when underway, and during that time other lights which may be mistaken for those prescribed must not be exhibited:

(a) Every power-driven vessel of classes A and 1 must carry the following lights:

(1) A bright white light aft to show all around the horizon.

(2) A combined lantern in the forepart of the power-driven vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.

(b) Every power-driven vessel of classes 2 and 3 must carry the following lights:

(1) A bright white light in the forepart of the power-driven vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the power-driven vessel, from right ahead to 2 points abaft the beam on either side.

(2) A bright white light aft to show 12 points.

(3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side. The side lights must be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.

(c) Sailing vessels of classes A and 1 must carry the combined lantern in the forepart of the sailing vessel and a white 12-point stern light. Sailing vessels of classes 2 and 3 must carry the colored side lights, fitted so as to prevent these lights from being seen across the bow and a white 12-point stern light.

1. Every white light prescribed by this section must be visible at a distance of at least 2 miles. Every colored light prescribed by this section must be visible at a distance of at least 1 mile. As used in this subsection, “visible” means visible on a dark night with clear atmosphere.

2. Human-powered vessels must have ready at hand an electric torch or lighted lantern showing a white light which must be exhibited in sufficient time to prevent a collision.

3. Any vessel may carry and exhibit the lights required by the Inland Navigational Rules, 33 C.F.R. Part 83, in lieu of the lights required by this section.

4. Except for vessels anchored or moored in an area designated by the Commission as an anchoring or mooring area pursuant to the provisions of NRS 488.265 , every vessel, when anchored or moored between sunset and sunrise where other vessels may navigate, must display a white light clearly visible in all directions.

5. Except as otherwise provided in this subsection, it is unlawful for a person to display a flashing blue light or a flashing red light on a vessel operating on the waters of this state. A vessel of the United States, this state or its political subdivisions or a bordering state under interstate compact may display a flashing blue light when operated by a peace officer engaged in law enforcement or public safety activities. A peace officer may seize, or cause to be seized, a flashing red or blue light installed or operated in violation of this subsection.

(Added to NRS by 1977, 136 ; A 1987, 763 ; 1991, 854 ; 1993, 863 ; 2023, 540 )

NRS 489.051

NRS

489.051

“Certificate of compliance” defined.

“Certificate of compliance” means a certificate issued by this state certifying that the plumbing, heating, electrical systems, body and frame design and construction requirements of a commercial coach or the reconstruction or alteration requirements of a mobile home or commercial coach comply with standards adopted by the Division.

(Added to NRS by 1973, 1065 ; A 1977, 1453 ; 1981, 1191 ; 1983, 777 ; 1993, 2052 )

NRS 489.102

NRS

489.102

“General serviceperson” defined.

1. “General serviceperson” means a person who owns or is the responsible managing employee of a business which:

(a) Installs or repairs the awnings, roofing, skirting, plumbing, heating or electrical systems of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing;

(b) Installs, removes or prepares for transport a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing at the site where it will be or has been used for occupancy; or

(c) Reconstructs a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing by the alteration, addition or substitution of substantial or essential parts.

1. The term does not include:

(a) A licensed manufacturer engaged in the installation, repair or service of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing that was manufactured by the licensed manufacturer;

(b) The owner or purchaser of a manufactured home, mobile home or manufactured building or factory-built housing who uses the manufactured home, mobile home or manufactured building or factory-built housing as his or her private residence; or

(c) The owner or purchaser of a commercial coach who uses the commercial coach for his or her own industrial, professional or commercial purposes.

(Added to NRS by 2005, 1625 ; A 2009, 1903 )

NRS 489.113

NRS

489.113

“Manufactured home” defined.

1. “Manufactured home” means a structure which is:

(a) Built on a permanent chassis;

(b) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;

(c) Transportable in one or more sections; and

(d) Eight feet or more in body width or 40 feet or more in body length when transported, or, when erected on-site, contains 320 square feet or more.

1. The term includes:

(a) The plumbing, heating, air-conditioning and electrical systems of the structure.

(b) Any structure:

(1) Which meets the requirements of paragraphs (a), (b) and (c) of subsection 1, and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq.; or

(2) Built in compliance with the requirements of chapter 461 of NRS.

1. The term does not include a recreational park trailer.

(Added to NRS by 1983, 775 ; A 1995, 2601 ; 2001, 1726 )

NRS 489.120

NRS

489.120

“Mobile home” defined.

1. “Mobile home” means a structure which is:

(a) Built on a permanent chassis;

(b) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities; and

(c) Transportable in one or more sections.

1. The term includes the design of the body and frame and the plumbing, heating, air-conditioning and electrical systems of the mobile home.

2. The term does not include a recreational park trailer, travel trailer, commercial coach or manufactured home or any structure built in compliance with the requirements of chapter 461 of NRS.

(Added to NRS by 1973, 1066 ; A 1975, 1579 ; 1977, 1454 ; 1979, 1216 ; 1983, 778 ; 2001, 1726 )

NRS 489.133

NRS

489.133

“Portable building” defined.

“Portable building” means a structure which:

1. Is at ground level, has no axles and rests on the surface of the ground;

2. Is for nonresidential use;

3. Is not a fixture or improvement to real property;

4. Is designed to be used without a permanent foundation; and

5. Contains an electrical system with a component that allows for the quick connection or disconnection of the electrical system to a source of electricity.

(Added to NRS by 2011, 1629 )

NRS 489.241

NRS

489.241

Regulations: Federal and national standards; issuance of certificates and labels of compliance.

The Administrator shall adopt regulations:

1. Consistent with the federal regulations governing procedure and enforcement respecting manufactured homes to administer and enforce federal construction and safety standards respecting manufactured homes in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).

2. For the construction of commercial coaches that are reasonably consistent with nationally recognized standards.

3. For the:

(a) Reconstruction; and

(b) Alteration, including that done to a plumbing, heating or electrical system,

Ê of mobile homes and commercial coaches that are reasonably consistent with nationally recognized standards.

1. For the issuance of certificates and labels of compliance. The regulations must provide for, without limitation:

(a) Inspection at the place of manufacture;

(b) Submission and approval of plans and specifications or for the actual inspection and approval of the mobile home, travel trailer or commercial coach or acceptance of a label of compliance issued by another state or a private organization which the Administrator finds has a competent inspection program reasonably consistent with this chapter; and

(c) Revocation for cause, upon notice and hearing, of the right of a manufacturer to sell mobile homes, travel trailers or commercial coaches in this state for use in this state.

1. Consistent with nationally recognized standards governing the minimum requirements for the design of travel trailers.

(Added to NRS by 1979, 1208 ; A 1981, 1191 ; 1983, 781 ; 1993, 2052 )

NRS 489.251

NRS

489.251

Regulations pertaining to safety standards and inspection; certificate of installation and label of installation prerequisite to connecting utilities.

1. The Administrator shall adopt regulations pertaining to:

(a) Safety standards for the installation, support and tie down of manufactured homes, mobile homes or commercial coaches which are designed to protect the health and safety of occupants of manufactured homes, mobile homes or commercial coaches against uplift, sliding, rotation and overturning, subject to the following provisions:

(1) Safety standards must be reasonably consistent with nationally recognized standards for placement, support and tie down of manufactured homes, mobile homes or commercial coaches.

(2) The Administrator may designate wind pressure zones in which the regulations for tie down of manufactured homes, mobile homes or commercial coaches apply.

(b) The inspection of plumbing, heating, cooling, fuel burning and electrical systems connections to a manufactured home, mobile home or commercial coach at the time of installation of the manufactured home, mobile home or commercial coach, which regulations are designed to protect the health and safety of occupants of manufactured homes, mobile homes and commercial coaches.

1. Unless the Division determines otherwise, the plumbing, heating, cooling, fuel burning and electrical systems of a manufactured home, mobile home or commercial coach may not be connected or activated until a certificate of installation has been issued and a label of installation affixed to the manufactured home, mobile home or commercial coach.

(Added to NRS by 1979, 1208 ; A 1983, 781 )

NRS 489.262

NRS

489.262

Regulations pertaining to portable buildings.

The Administrator shall adopt regulations prescribing safety standards for:

1. The construction, transportation, installation and use of a portable building;

2. The inspection of any plumbing, heating, cooling, fuel burning or electrical system contained in a portable building; and

3. The maintenance and repair of a portable building.

(Added to NRS by 2011, 1630 )

NRS 489.325

NRS

489.325

Regulations providing for licensing of specialty servicepersons.

1. The Administrator may adopt regulations which provide for the licensing of specialty servicepersons. A person licensed as a specialty serviceperson pursuant to this section must be limited in the scope of the work he or she may perform to installation or repair in one of the following categories:

(a) Awnings, roofing or skirting;

(b) Plumbing;

(c) Heating and air-conditioning systems;

(d) Electrical systems; or

(e) Any other category that may be similarly licensed by the State Contractors’ Board.

1. The Administrator shall provide in those regulations for:

(a) The imposition of reasonable fees for application, examination and licensure.

(b) The creation and administration of a written or oral examination for each category of limited licensure.

(c) Minimum qualifications for such a license, including, without limitation, the passage of any applicable examination required pursuant to subsection 1 of NRS 489.351 , unless waived pursuant to subsection 2 of NRS 489.351 .

1. A person who is licensed as a specialty serviceperson shall comply with each statute and regulation which applies to general servicepersons, including, without limitation, the payment of a fee required pursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971 .

(Added to NRS by 1993, 827 ; A 1999, 861 ; 2003, 587 ; 2005, 1631 ; 2007, 383 )

NRS 489.461

NRS

489.461

Compliance with local building codes and ordinances not required if certificate and label issued; exception.

Except as otherwise provided in NRS 278.02095 , a manufactured home, mobile home, travel trailer or commercial coach for which a certificate and label of compliance has been issued pursuant to the provisions of this chapter is not required to comply with any local building codes or ordinances prescribing standards for plumbing, heating, electrical systems, body and frame design and construction requirements.

(Added to NRS by 1979, 1208 ; A 1983, 789 ; 1999, 3467 )

NRS 489.751

NRS

489.751

Implied warranty by dealer of working order of essential systems.

1. Unless otherwise specifically waived in writing by the buyer, for each sale in which the dealer is the seller or an agent of the seller, there is an implied warranty by the dealer that all the essential systems are in working order upon the execution of the sale. For the purposes of this subsection, the words “as is” or any similar words do not constitute a waiver of the implied warranty unless the words specifically refer to a specific component of an essential system.

2. As used in this section, “essential system” means the heating, air-conditioning, electrical, plumbing and drainage systems of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing.

(Added to NRS by 1999, 860 ; A 2009, 1924 )

NRS 493.020

NRS

493.020

Definitions.

As used in NRS 493.010 to 493.120 , inclusive, unless the context otherwise requires:

1. “Aircraft” includes a balloon, airplane, hydroplane, unmanned aerial vehicle and any other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, is governed by the rules regarding water navigation. A hydroplane while being operated through the air other than immediately above water, is an aircraft.

2. “Critical facility” means a petroleum refinery, a petroleum or chemical production, transportation, storage or processing facility, a chemical manufacturing facility, a pipeline and any appurtenance thereto, a wastewater treatment facility, a water treatment facility, a mine as that term is defined in NRS 512.006 , a power generating station, plant or substation and any appurtenances thereto, any transmission line that is owned in whole or in part by an electric utility as that term is defined in subsection 6 of NRS 704.187 or owned, operated, inspected, maintained or repaired in whole or in part by the Colorado River Commission of Nevada pursuant to NRS 538.161 or 538.166 , a county, city or town jail or detention facility and any prison, facility or institution under the control of the Department of Corrections. The term does not include any facility or infrastructure of a utility that is located underground.

3. “Department” means the Department of Public Safety.

4. “Law enforcement agency” means an agency, office, bureau, board, commission, department or division of this State or a political subdivision of this State, the primary duty of which is to enforce the law.

5. “Operator” includes aviator, pilot, balloonist and any other person having any part in the operation of aircraft while in flight.

6. “Passenger” includes any person riding in an aircraft, but having no part in its operation.

7. “Public agency” means an agency, office, bureau, board, commission, department or division of this State or a political subdivision of this State other than a law enforcement agency.

8. “Unmanned aerial vehicle” means a powered aircraft of any size without a human operator aboard the vehicle and that is operated remotely or autonomously.

[1:66:1923; NCL § 275]—(NRS A 1991, 252 ; 2015, 1777 ; 2017, 142 )

NRS 496.020

NRS

496.020

Definitions.

As used in this chapter, unless the context otherwise requires:

1. “Air navigation facility” means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.

2. “Airport” means any area of land or water which is used for the landing and takeoff of aircraft, and any appurtenant areas which are used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

3. “Airport hazard” means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

4. “Municipal” means pertaining to a municipality as defined in this section.

5. “Municipality” means any county, city or town of this state.

6. “Person” includes a government, a governmental agency and a political subdivision of a government.

7. “Public utility” means a person who operates any airline, broadcasting, electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone or water business in this state and who conducts such a business for a public use.

[1:215:1947; 1943 NCL § 293.20]—(NRS A 1977, 276 ; 1985, 521 , 2053 ;

2013, 1960 )

POWERS OF MUNICIPALITIES; FACILITIES AND PROPERTY

NRS 497.020

NRS

497.020

Definitions.

As used in this chapter, unless the context otherwise requires:

1. “Airport” means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized in the interest of the public for such purposes.

2. “Airport hazard” means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at any airport, or is otherwise hazardous to the landing or taking off of aircraft.

3. “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.

4. “Person” includes a government, a governmental agency and a political subdivision of a government.

5. “Political subdivision” means any county, incorporated city, unincorporated town or airport authority created by special legislative act as a quasi-municipal corporation.

6. “Public utility” means a person who operates any airline, broadcasting, electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone or water business in this State and who conducts such a business for a public use.

7. “Structure” means any object constructed or installed by a person, including, but without limitation, buildings, towers, smokestacks and overhead wires and other lines.

8. “Tree” means any object of natural growth.

[1:205:1947; 1943 NCL § 5064.01]—(NRS A 1977, 278 ; 1979, 1651 ; 1985, 521 , 2053 ;

2013, 1960 )

NRS 512.131

NRS

512.131

Regulations: Adoption; copies to be furnished to operators and representatives of workers.

1. The Administrator shall adopt regulations for mine health and safety as necessary to provide safe and healthful working conditions at mines. The regulations must provide protection that is at least equal to the protection provided by the Federal Mine Safety and Health Act, 30 U.S.C. §§ 801 et seq., as amended. The Administrator may consider the following sources in adopting the regulations:

(a) Common practices of the mining industry;

(b) The American National Standards Institute;

(c) The American Society of Mechanical Engineers;

(d) The American Society for Testing and Materials International;

(e) Applicable provisions contained in the Code of Federal Regulations;

(f) The National Fire Protection Association, including, without limitation, the National Electrical Code;

(g) Any national consensus standard; and

(h) Any safety order legally adopted by the Administrator.

1. The Administrator shall forward a copy of each regulation adopted under this section to the operator of each mine and to the representative of the workers, if any, at the mine. Failure to receive a copy of the regulation does not relieve anyone of the obligation to comply with it.

(Added to NRS by 1975, 516 ; A 1977, 77 ; 1979, 85 ; 1981, 1531 ; 2007, 3310 )

NRS 527.100

NRS

527.100

Unlawful acts; regulations of State Forester Firewarden; exception for necessary cutting or trimming by public utility or logging operation.

1. Except as otherwise provided by law, it is unlawful for any person, firm, company or corporation, his, her, its or their agent or agents, willfully or negligently to cut, destroy, mutilate, remove or possess any Christmas tree, cactus, yucca or branches thereof, or knowingly transport or sell any Christmas tree, cactus, yucca or its branches from any of the lands owned by or under the jurisdiction of the State of Nevada or its counties, or on any reserved or unreserved lands owned by the United States, or from any privately owned lands, without written permission from the legal owner, or the legal owner’s duly authorized agent, specifying locality by legal land description and number of plants to be removed or possessed.

2. For the purpose of sustaining productivity and preservation of the water-supplying functions of Nevada forest lands, the State Forester Firewarden shall adopt such reasonable regulations governing removal or possession of Christmas trees, cacti or yucca as are deemed necessary.

3. This section does not apply to necessary cutting or trimming of such plants if done for maintenance of electric power lines, telephone lines or other property of a public utility, or to a logging operation.

(Added to NRS by 1957, 319 ; A 1961, 108 ; 1977, 780 , 1167 )

NRS 533.335

NRS

533.335

Application for permit to appropriate water: Contents.

Each application for a permit to appropriate water shall contain the following information:

1. The name and post office address of the applicant and, if the applicant is a corporation, the date and place of incorporation.

2. The name of the source from which the appropriation is to be made.

3. The amount of water which it is desired to appropriate, expressed in terms of cubic feet per second and acre-feet per year, except in:

(a) An application for a permit to store water, where the amount shall be expressed in acre-feet; and

(b) An application for generating hydroelectric power or a diversion rate only application, where the amount shall be expressed in cubic feet per second.

1. The purpose for which the application is to be made.

2. A substantially accurate description of the location of the place at which the water is to be diverted from its source and, if any of such water is to be returned to the source, a description of the location of the place of return.

3. A description of the proposed works.

4. The estimated cost of such works.

5. The estimated time required to construct the works, and the estimated time required to complete the application of the water to beneficial use.

6. The signature of the applicant or a properly authorized agent thereof.

[Part 59:140:1913; A 1919, 71 ; 1951, 132 ]—(NRS A 2017, 3498 )

NRS 533.435

NRS

533.435

Fees of State Engineer; disposition.

1. The State Engineer shall collect the following fees:

For examining and filing an application for a permit to appropriate water $360.00

This fee includes the cost of publication, which is $50.

For reviewing a corrected application or map, or both, in connection with an application for a water right permit....................................................................................................................... 100.00

For examining and acting upon plans and specifications for construction of a dam 1,200.00

For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right.............................................................................. 240.00

This fee includes the cost of publication, which is $50.

For examining and filing an application for a temporary permit to change the point of diversion, manner of use or place of use of an existing right............................................................... 180.00

For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, watering livestock or wildlife purposes 360.00

plus $3 per acre-foot approved or fraction thereof.

Except for generating hydroelectric power, watering livestock or wildlife purposes, for issuing and recording each permit to change an existing water right whether temporary or permanent for any purpose 300.00

plus $3 per acre-foot approved or fraction thereof.

For issuing and recording each permit for additional rate of diversion from a well where no additional volume of water is granted....................................................................................... 1,000.00

For issuing and recording each permit to change the point of diversion or place of use of an existing right whether temporary or permanent for irrigation purposes, a maximum fee of 750.00

For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right whether temporary or permanent for watering livestock or wildlife purposes 240.00

plus $50 for each cubic foot of water per second approved or fraction thereof.

For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water 480.00

plus $50 for each cubic foot per second of water approved or fraction thereof.

For filing and examining a request for a waiver in connection with an application to drill a well 120.00

For filing and examining a notice of intent to drill a well........................... 25.00

For filing and examining an affidavit to relinquish water rights in favor of use of water for domestic wells....................................................................................................................... 300.00

For filing a secondary application under a reservoir permit...................... 300.00

For approving and recording a secondary permit under a reservoir permit 540.00

For reviewing each tentative subdivision map............................................ 180.00

plus $1 per lot.

For reviewing and approving each final subdivision map......................... 120.00

For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet 480.00

plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For flood control detention basins................................................................. 480.00

plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For filing proof of completion of work........................................................... 60.00

For filing proof of beneficial use...................................................................... 60.00

For issuing and recording a certificate upon approval of the proof of beneficial use 350.00

For filing proof of resumption of a water right............................................ 360.00

For filing any protest.......................................................................................... 30.00

For filing any application for extension of time within which to file proofs, of completion or beneficial use, for each year for which the extension of time is sought............................ 120.00

For filing any application for extension of time to prevent a forfeiture, for each year for which the extension of time is sought....................................................................................................... 120.00

For reviewing a cancellation of a water right pursuant to a petition for review 360.00

For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384 120.00

plus $20 per conveyance document.

For filing any other instrument......................................................................... 10.00

For making a copy of any document recorded or filed in the Office of the State Engineer, for the first page 1.00

For each additional page...................................................................................... .20

For certifying to copies of documents, records or maps, for each certificate 6.00

For each copy of any full size drawing or map................................................ 6.00

For each color copy of any full size drawing or map (2′ x 3′)..................... 12.00

For colored plots.................................................................................................. 10.00

1. When fees are not specified in subsection 1 for work required of the Office of the State Engineer, the State Engineer shall collect the actual cost of the work.

2. Except as otherwise provided in this subsection, all fees collected by the State Engineer under the provisions of this section must be deposited in the State Treasury for credit to the State General Fund. All fees received for copies of any drawing or map must be kept by the State Engineer and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by the State Engineer for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the State Engineer is unable to make the refunds, the State Engineer shall deposit the fees in the State Treasury for credit to the State General Fund.

[73:140:1913; A 1915, 378 ; 1921, 171 ; 1925, 121 ; 1947, 518 ; 1949, 102 ; 1943 NCL § 7959]—(NRS A 1957, 531 ; 1975, 46 , 1398 ;

1981, 114 , 1839 ;

1983, 1577 ; 1989, 1733 ; 1993, 2083 ; 1995, 436 ; 1999, 1508 ; 2009, 646 , 1014 ;

2011, 2392 ; 2013, 1235 ; 2017, 3502 , 3648 ;

2023, 1040 )

Temporary Permit to Establish Vegetative Cover to Prevent or Reduce Wildfire

NRS 538.161

NRS

538.161

General duties; contracts for supply of electric energy.

The Commission shall:

1. Collect and arrange all data and information connected with the Colorado River which may affect or be of interest to this state.

2. Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of any facilities for the generation or transmission of electricity for the greatest possible benefit to this state, and present such contracts, leases or agreements to the Governor for his or her information. The Commission may contract for the supply of electric energy to any corporation or cooperative created pursuant to the laws of this state that is being operated principally for service to Nevada residents and may be serving incidental energy to residents of other states contiguous to its service area in Nevada. If such a corporation or cooperative so requests, the Commission may contract to supply electric energy directly for the corporation or cooperative.

3. Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River, or in connection with Hoover Dam or other federally operated dams.

4. Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the waters of the Colorado River.

5. Make and enter into agreements, compacts or treaties between the State of Nevada and the states of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally. Agreements, compacts or treaties which define the rights of the states or of the United States in the waters of the Colorado River are not binding upon the State of Nevada until ratified and approved by the Legislature and Governor of the State of Nevada.

6. Represent and act for the State of Nevada in consultations with other states, the United States, foreign countries and persons, and negotiate and enter into agreements between the State of Nevada and those entities, jointly or severally, concerning the:

(a) Acquisition, development, storage, transport, transfer, exchange, use and treatment of water to supplement the supply of water in the Colorado River which is available for use in Nevada, consistent with the provisions of NRS 538.186 .

(b) Augmentation of the waters of the Colorado River, consistent with the provisions of NRS 538.186 .

(c) Quality of the waters of the Colorado River, in cooperation with, and subject to the authority of, any agency of this state which regulates environmental matters.

(d) Operation of federal dams and other facilities on the Colorado River.

(e) Species associated with the Colorado River which are or may become listed as endangered or threatened pursuant to federal law, in cooperation with, and subject to the authority of, any agency of this state which regulates environmental matters.

1. Within the limits of its authority, represent and act for the State of Nevada as a member of any interstate or international commission or other body as may be established relating to the Colorado River in transactions with Arizona, California, Colorado, New Mexico, Utah, Wyoming, the Federal Government or any foreign country.

2. Report to the Governor such measures and legislative action as it deems necessary to carry out the provisions of any law relating to the powers and duties of the Commission.

3. Cooperate with other states or federal agencies to establish, conduct and maintain projects related to water or power.

[Part 7:71:1935; A 1943, 209 ; 1947, 738 ; 1943 NCL § 1443.07]—(NRS A 1965, 404 ; 1973, 1606 ; 1975, 126 ; 1981, 911 , 1437 ;

1987, 2312 ; 1989, 926 ; 1991, 840 ; 1993, 1108 ; 1995, 970 ; 2001, 2085 )

NRS 538.166

NRS

538.166

General powers; prerequisites to actions regarding certain sources of supplemental water.

1. The Commission may:

(a) Acquire and perfect any interest in supplemental water.

(b) Develop, store, transport, transfer, exchange, use and treat supplemental water.

(c) Acquire an interest in, finance, construct, reconstruct, operate, maintain, repair and dispose of any facility for water or power, including, without limitation, a facility for the storage or conveyance of water and a facility for the generation or transmission of electricity.

(d) Obtain any license, permit, grant, loan or aid from any agency of the United States, the State of Nevada or any other public or private entity.

(e) In accordance with the provisions of the State Securities Law:

(1) Borrow money and otherwise become obligated in a total principal amount which is approved by the Legislature or the Interim Finance Committee.

(2) Issue:

(I) General obligation securities payable from taxes and additionally secured with net pledged revenues;

(II) Securities constituting special obligations payable from net pledged revenues; or

(III) Any combination of those securities.

Ê The Legislature finds and declares that the issuance of securities and other incurrence of indebtedness pursuant to this subsection are for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada. The powers conferred by this subsection are in addition to and supplemental to the powers conferred by any other law.

(f) Perform all other lawful acts it considers necessary or desirable to carry out the purposes and provisions of any law relating to the powers, functions and duties of the Commission.

1. The Commission shall comply with the provisions of this chapter and chapters 532 , 533 and 534 of NRS before taking any action pursuant to subsection 1 which relates in any way to supplemental water if the source of the supplemental water is located within the State of Nevada and is not the Colorado River.

(Added to NRS by 1995, 967 ; A 2001, 2086 )

NRS 538.211

NRS

538.211

Faith and credit of State pledged.

If the State of Nevada must purchase or otherwise acquire property, or compensate for damage to property, for use in the transmission and distribution of water or electrical power, the faith and credit of the State of Nevada hereby is irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the State, in any contract entered into before, on or after July 1, 1981, pursuant to NRS 538.161 and 538.186 .

[7A:71:1935; added 1947, 444 ; A 1951, 235 ]—(NRS A 1957, 66 ; 1963, 744 ; 1964, 5 ; 1965, 406 ; 1973, 1608 ; 1975, 44 ; 1981, 914 , 1440 ;

1995, 974 ; 2001, 2442 )

NRS 538.231

NRS

538.231

Application and disbursement of revenues.

Revenues received from the sale of power or water or otherwise must be applied and disbursed by the Commission in the following order:

1. To the payment to the Federal Government of the cost of electrical energy and the generation and delivery thereof in accordance with bills rendered by the United States.

2. To the payment to other entities of the cost of water and the cost of electrical energy and the generation thereof or the cost of water or the cost of electrical energy and the generation thereof in accordance with bills rendered by those entities.

3. To the payment of compensation and expenses of the Commission and all other obligations incurred through performance by the Commission of the duties designated in NRS 538.041 to 538.251 , inclusive.

4. To the repayment to the State of Nevada of any money advanced or appropriated to the Commission if the advancement or appropriation requires repayment to the State, the repayment to be placed in the State General Fund.

[11:71:1935; A 1943, 209 ; 1947, 738 ; 1943 NCL § 1443.11]—(NRS A 1963, 744 ; 1965, 407 ; 1973, 1610 ; 1975, 45 ; 1981, 1442 ; 1983, 1520 ; 1995, 975 )

NRS 538.251

NRS

538.251

Approval of contracts by Governor.

1. Except as otherwise provided in subsection 2, all contracts entered into by the Commission pertaining to the sale or purchase of water or electrical power, belonging or allotted to or contracted by the State of Nevada are not binding upon the State of Nevada until approved by the Governor.

2. Any contract or agreement by the Commission for the transmission of electrical power or to sell:

(a) Supplemental power to a holder of a long-term firm contract with the State for power if the supplemental power is procured by the Commission from a prearranged source and is secured by the holder for his or her own use; or

(b) Short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the State for power who can take delivery of the short-term or interruptible power when it is available,

Ê does not require the approval of the Governor to be binding upon the State.

[Part 1:71:1935; 1931 NCL § 1443.01] + [14:71:1935; 1931 NCL § 1443.14]—(NRS A 1963, 745 ; 1965, 407 ; 1973, 1610 ; 1981, 915 , 1442 ;

1987, 2313 ; 1989, 926 ; 1995, 975 )

CALIFORNIA-NEVADA INTERSTATE COMPACT COMMISSION

NRS 539.230

NRS

539.230

Appropriation and distribution; use by irrigation district declared public use; place of use of water.

1. The board of directors may appropriate or otherwise acquire water in accordance with the law, and also construct the necessary dams, reservoirs and works for the collection, storage, conservation and distribution of water for the district and for the drainage of the lands thereof.

2. The collection, storage, conveyance, distribution and use of water by or through the works of irrigation districts organized before, on or after July 1, 1919, together with the rights-of-way for canals and ditches, sites for reservoirs, electric power and transmission lines, and all other works and property required to carry out fully the provisions of this chapter, is hereby declared to be a public use.

3. The place of use of water appropriated or otherwise acquired by an irrigation district may be within or outside the boundaries of the district, may include all or any part of the lands within the boundaries of the district and must be described in any application filed by the district to appropriate or otherwise acquire the water. Water appropriated or acquired by the district is appurtenant to and may be beneficially used and applied to lands anywhere within the described place of use.

[Part 10:64:1919; A 1921, 118 ; 1923, 289 ; 1925, 203 ; 1927, 309 ; 1951, 55 ]—(NRS A 1991, 1085 )

NRS 539.235

NRS

539.235

Distribution of water by division or district for appropriate charge.

Water may be supplied by contract, agreement or other legal matter by the district or by a division thereof, when such division is created and authorized, to the United States of America, or any department thereof, the State of Nevada, counties, cities, towns, corporations, irrigation districts, individuals, associations or partnerships, situated within or in the vicinity of the district, and an appropriate charge, consideration or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the works of the district or the local undertakings of a division.

[53:64:1919; A 1925, 137 ; NCL § 8071]

Electric Power

NRS 539.237

NRS

539.237

Authority to generate, transmit, sell and acquire electric power.

1. The board of directors may:

(a) Generate, produce, transmit and sell electric power or electrical energy in any form in furtherance of the purposes of this chapter.

(b) Acquire or contract for the delivery of electric power and electric power or transmission lines.

1. In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of less than 250,000 acre-feet, the board may not acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $50,000 without first obtaining the approval of the electors of the district at a special election, district election or primary or general state election.

2. In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of 250,000 acre-feet or more, the board may not acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $100,000 without first obtaining the approval of the electors of the district at a special election, district election or primary or general state election.

[Part 10:64:1919; A 1921, 118 ; 1923, 289 ; 1925, 203 ; 1927, 309 ; 1951, 55 ]—(NRS A 1960, 49 ; 1983, 352 ; 1993, 1083 )

NRS 539.240

NRS

539.240

Election required for approval of certain contracts; notice; ballots; limitation; judicial determination of validity.

1. Any proposal to enter into a contract for the acquisition of electric power and transmission lines or to lease or construct those lines:

(a) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of less than 250,000 acre-feet, where the cost of the proposed acquisition, lease or construction exceeds $50,000; or

(b) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of 250,000 acre-feet or more, where the cost of the proposed acquisition, lease or construction exceeds $100,000,

Ê must be voted upon at a special election, district election or primary or general state election in the same manner as for the issuance of district bonds.

1. Notice of the election must contain, in addition to the information required in the case of ordinary bond elections, a statement of the maximum cost of the proposal, exclusive of penalties and interest, together with a concise general statement and description of the proposed acquisition or construction.

2. The ballots must contain a brief statement of the general purpose for which the election is to be held, and the maximum amount of the obligation to be assumed, with the words “................ (Question)—Yes,” and “................ (Question)—No,” or “................ (Question) and bonds—Yes,” and “............... (Question) and bonds—No.”

3. If the proposal or the proposal and the issuance of bonds therefor is approved at the election, the board may enter into any contracts in connection with the proposal which it considers necessary, expedient or desirable, including contracts for:

(a) Construction of the power and transmission lines;

(b) The sale of the power;

(c) The transmission of power;

(d) The operation, maintenance or management of the project; and

(e) Financing the costs of the project approved in the election as an alternative to or in addition to any bonds to be issued,

Ê but the sum of the amounts which the district is obligated to pay pursuant to those contracts, excluding payments out of the revenue of the project, and any bonds issued must not exceed the amount of the bonds approved in the election and interest thereon at a rate not exceeding 5 percent above the Index of Revenue Bonds which was most recently published before the contract is executed, bids are received or a negotiated offer is accepted.

1. The board of directors may submit any such contract or proposed contract and bond issue, if any, to the district court of the county where the office of the board is located, to determine the validity thereof and the authority of the board to enter into the contract or acquisition, and the authority for and the validity of the issuance and deposit and transfer of the bonds in the same manner as for the judicial determination of the validity of bonds, and with like effect.

[35 1/2:64:1919; added 1923, 289 ; A 1927, 309 ; NCL § 8049]—(NRS A 1960, 50 ; 1983, 353 ; 1985, 2060 ; 1993, 1084 )

NRS 539.243

NRS

539.243

Election required for approval of lease of power plant or transmission system owned or controlled by district.

No contract for the leasing of any electric power plant or transmission system owned or controlled by the district may be made or entered into by the board of directors unless the contract is submitted to the qualified electors of the district at a special election, district election or primary or general state election and approved by a majority vote.

[80:64:1919; added 1931, 170 ; 1931 NCL § 8097.01]—(NRS A 1993, 1085 )

Drainage

NRS 539.273

NRS

539.273

Purposes of cooperation and contract.

The cooperation and contract authorized by NRS 539.270 may be for any or all of the following purposes:

1. Construction of works, whether for irrigation or drainage, or both.

2. Acquisition, purchase, extension, operation or maintenance of constructed works.

3. Water supply.

4. Electric power and transmission lines.

5. Assumption as principal or guarantor of indebtedness to the United States on account of district lands or for the collection of moneys due the United States as fiscal agents or otherwise.

[Part 54:64:1919; A 1923, 289 ; 1933, 271 ; 1931 NCL § 8072]

NRS 539.363

NRS

539.363

Power of division to construct improvements.

Any one of the several divisions of a district may provide for the construction of local drains, laterals, electric power and electric transmission lines, or for the leasing and acquisition of electric power and electric transmission lines, or for a domestic water supply, or may contract for the delivery of electricity, or other improvements, or the replacement or extension of existing works or structures, the benefits of which are limited to such division, in the manner provided in NRS 539.363 to 539.403 , inclusive.

[Part 49:64:1919; A 1921, 118 ; 1923, 289 ; 1951, 438 ]

NRS 539.423

NRS

539.423

Purposes for which land may be formed into improvement district.

The board of directors may provide for the construction of canals, ditches, laterals, dams, drains or other structures or improvements or the acquirement, replacement, consolidation or extension of the same, or the leasing, acquisition or construction of electrical transmission lines and accessory equipment, the benefits of which affect all or are limited to a portion of the district only, in the manner provided in NRS 539.423 to 539.460 , inclusive.

[Part 49 1/2:64:1919; added 1923, 289 ; A 1929, 286 ; NCL § 8066]

NRS 541.020

NRS

541.020

Definitions.

As used in this chapter, unless the context otherwise requires:

1. “Board” means the board of directors of the district.

2. “Court” means the district court of that judicial district of the State of Nevada wherein the petition for the organization of a water conservancy district must be filed.

3. “Land” or “real estate” means real estate as the words “real estate” are defined by the laws of the State of Nevada, and includes all railroads, highways, roads, streets, street improvements, telephone, telegraph and transmission lines, gas, sewer and water systems, water rights, pipelines and rights-of-way of public service corporations, and all other real property whether held for public or private use.

4. “Property” means real estate and personal property.

5. “Publication,” when no manner is specified therefor, means once a week for 3 consecutive weeks in at least one newspaper of general circulation in each county wherein the publication is to be made. It is not necessary that publication be made on the same day of the week in each of the 3 weeks, but not less than 14 days, excluding the day of the first publication, must intervene between the first publication and the last publication, and publication is complete on the date of the last publication.

6. “Public corporation” means counties, cities and counties, towns, cities, school districts, irrigation districts, water districts, and all governmental agencies clothed with the power of levying or providing for the levy of general or special taxes or special assessments.

7. “Section” means a section of this chapter unless some other statute is expressly mentioned.

8. “Subcontracting agency” means a public service, public, private or other corporation, or other entity which contracts with the district for the purchase, transfer or acquisition from it of water, drainage or electric power.

9. “Water conservancy districts” means the districts created under the provisions of this chapter.

10. “Works” means drains, channels, trenches, watercourses and other surface and subsurface conduits to effect drainage, dams, storage reservoirs, compensatory and replacement reservoirs, canals, conduits, pipelines, drains, tunnels, power plants and any and all works, facilities, improvements and property necessary or convenient for the supplying of water for domestic, irrigation, power, milling, manufacturing, mining, metallurgical, and any and all other beneficial uses, and for otherwise accomplishing the purposes of this chapter. The term includes studies of the feasibility and advisability of constructing dams for storage of water in the upstream portions of watersheds.

[2:380:1955]—(NRS A 1959, 373 ; 1985, 523 ; 1989, 1401 )

NRS 541.140

NRS

541.140

Powers of board.

The board shall have power on behalf of the district:

1. To have perpetual succession.

2. To take by appropriation, grant, purchase, bequest, devise or lease, and to hold and enjoy water, waterworks, water rights and sources of water supply and any and all real and personal property of any kind within or without the district or within or without the State of Nevada necessary or convenient to the full exercise of its powers; and to sell, lease, encumber, alienate or otherwise dispose of water, waterworks, water rights and sources of supply of water for use within and without the district and within and without the State of Nevada; also, to acquire, construct, operate, control and use any and all works, facilities and means necessary or convenient to the exercise of its power, both within and without the district, and within and without the State of Nevada, and to do and perform any and all things necessary or convenient to the full exercise of the powers herein granted.

3. To have and to exercise the power of eminent domain, and, in the manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers herein granted.

4. To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse in accordance with the laws of the State of Nevada, provided that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof. The grant of the right to use such vacant state land shall be effective upon the filing by such district with the State Land Registrar of an application showing the boundaries, extent and locations of the lands, rights-of-way or easements desired for such purposes. If the lands, rights-of-way or easements for which application shall be made are for the construction of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the conveyance of water, or for roads, or for poles or towers, and wires for the conveyance of electrical energy or for telephonic or telegraphic communication, no compensation shall be charged the district therefor, unless in the opinion of the State Land Registrar the construction of such works will render the remainder of the legal subdivision through which such works are to be constructed valueless or unsalable, in which event the district shall pay for the lands to be taken and for such portion of any legal subdivision which in the opinion of the board is rendered valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands for which application is made are for purposes other than the construction of roads or works for the conveyance of water, or electricity or telephonic or telegraphic communication, such district shall pay the State for such lands at a rate not exceeding $2.50 per acre. Upon filing such application, accompanied by a map or plat showing the location or proposed location of such works and facilities, the fee title to so much of such state lands as shall be necessary or convenient to enable such district efficiently and without interference to construct, maintain and operate its works and to establish, maintain and operate its facilities shall be conveyed to the district by patent. If an easement or right-of-way only over such lands be sought by the district, such easement or right-of-way shall be evidenced by a permit or grant executed by or on behalf of the State Land Registrar. The State Land Registrar may reserve easements and rights-of-way in the public across any lands in such patents, grants or permits described for streets, roads and highways, established according to law. Before any such patent, grant or permit shall be executed, any compensation due to the State under the provisions hereof must be paid. No fee shall be exacted from the district for any patent, permit or grant so issued or for any service rendered hereunder. In the use of streets the district shall be subject to the reasonable rules and regulations of the county, city or town where such streets lie, concerning excavation and the refilling of excavation, the re-laying of pavements and the protection of the public during periods of construction; but the district shall not be required to pay any license or permit fees, or file any bonds. The district may be required to pay reasonable inspection fees.

5. To contract with the Government of the United States or any agency thereof, the State of Nevada or any of its cities, counties or other governmental subdivisions, for the construction, preservation, operation and maintenance of tunnels, drains, pipelines, reservoirs, ditches and waterways, regulating basins, diversion canals and works, dams, power plants and all necessary works incident thereto within and without the State of Nevada, and to acquire perpetual rights to the use of water and electrical energy from such works; to sell and dispose of perpetual rights to the use of water and electrical energy from such works to persons and corporations, public and private within or without the State of Nevada.

6. To list in separate ownership the lands within the district which are susceptible of irrigation from district sources and to make an allotment of water to all such lands, which allotment of water shall not exceed the maximum amount of water that the board determines could be beneficially used on such lands; to levy assessments, as hereinafter provided, against the lands within the district to which water is allotted on the basis of the value per acre-foot of water allotted to the lands within the district; but the board may divide the district into units and fix a different value per acre-foot of water in the respective units, and, in such case, shall assess the lands within each unit upon the same basis of value per acre-foot of water allotted to lands within such unit.

7. To fix rates at which water not allotted to lands, as hereinbefore provided, shall be sold, leased or otherwise disposed of; but rates shall be equitable although not necessarily equal or uniform for like classes of service throughout the district.

8. To enter into contracts, employ and retain personal services and employ laborers; to create, establish and maintain such offices and positions as shall be necessary and convenient for the transaction of the business of the district; and to elect, appoint and employ such officers, attorneys, agents and employees therefor as shall be found by the board to be necessary and convenient.

9. To adopt plans and specifications for the works for which the district was organized, which plans and specifications may at any time be changed or modified by the board. Such plans shall include maps, profiles, and such other data and descriptions as may be necessary to set forth the location and character of the works, and a copy thereof shall be kept in the office of the district and open to public inspection.

10. To appropriate and otherwise acquire water and water rights within or without the State; to develop, store and transport water; to subscribe for, purchase and acquire stock in canal companies, water companies, and water users’ associations; to provide, sell, lease, and deliver water for municipal and domestic purposes, irrigation, power, milling, manufacturing, mining, metallurgical and any and all other beneficial uses, and to derive revenue and benefits therefrom; to fix the terms and rates therefor; and to make and adopt plans for and to acquire, construct, operate and maintain dams, reservoirs, ditches, waterways, canals, conduits, pipelines, tunnels, power plants and any and all works, facilities, improvements and property necessary or convenient therefor, and in the doing of all such things to obligate itself and execute and perform such obligations according to the tenor thereof.

11. To generate electric energy and to contract for the generation, distribution and sale of such energy.

12. To invest any surplus money in the district treasury, including such money as may be in any sinking fund established for the purpose of providing for the payment of the principal or interest of any contract, or other indebtedness, or for any other purpose, not required for the immediate necessities of the district, in treasury notes or bonds of the United States, or of this state, or of any state, county or municipal corporation. Any bonds or treasury notes thus purchased and held may, from time to time, be sold and the proceeds reinvested in bonds or treasury notes as above provided. Sales of any bonds or treasury notes thus purchased and held shall from time to time be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds or treasury notes were originally purchased was placed in the treasury of the district. The functions and duties authorized by this subsection shall be performed under such rules and regulations as shall be prescribed by the board.

13. To borrow money from the State of Nevada or other sources and incur indebtedness and to pledge revenues of the district to secure the repayment of any money so borrowed.

14. To adopt bylaws not in conflict with the Constitution and laws of the State for carrying on the business, objects and affairs of the board and of the district.

15. To construct works for the drainage of lands within the district and to levy special assessments against the lands drained by such works for the repayment of the costs thereof.

[14:380:1955]—(NRS A 1959, 377 ; 1963, 768 ; 2001, 2088 )

NRS 541.300

NRS

541.300

Contracts relating to electrical energy.

The board is authorized to enter into contracts for the operation and maintenance of works for the generation and supplying of electrical energy and for the disposition of power generated thereat. The board may also enter into contracts for the acquisition, purchase, sale or other disposition of electrical energy.

[30:380:1955]—(NRS A 2001, 2091 )

NRS 574.360

NRS

574.360

Buildings and grounds; housing facilities.

An operator shall ensure that:

1. The buildings and grounds at all locations where dogs or cats are kept:

(a) Are clean and in good repair; and

(b) Do not become accumulated with trash.

1. Housing facilities:

(a) Are constructed and maintained in such a manner as to:

(1) Protect the dogs or cats inside from injury;

(2) Prevent the dogs or cats inside from escaping; and

(3) Restrict the entrance of other dogs and cats.

(b) Have adequate and reliable sources of electrical power and potable water available.

(Added to NRS by 1993, 2147 )

NRS 590.020

NRS

590.020

Definitions.

As used in NRS 590.010 to 590.330 , inclusive, unless the context otherwise requires:

1. “Additives” means a substance to be added to a motor vehicle fuel, petroleum heating product, motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.

2. “Advertising medium” means any sign, printed or written matter, or device for oral or visual communication.

3. “Alternative fuel” includes, without limitation:

(a) Any M-85 or M-100 fuel methanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 ;

(b) Any E-85 or E-100 fuel ethanol that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 ;

(c) Liquefied petroleum gas;

(d) Natural gas;

(e) Any hydrogen that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 ;

(f) Electricity;

(g) Any biodiesel fuel that contains:

(1) Diesel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 ; and

(2) At least 5 percent by volume biodiesel fuel blend stock for distillate fuels;

(h) Any blend of ethanol and diesel fuel:

(1) That contains:

(I) Any amount of diesel fuel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 ; and

(II) At least 5 percent by volume ethanol; and

(2) That may contain a proprietary additive; and

(i) Any renewable diesel fuel that:

(1) Contains at least 20 percent by volume renewable diesel blend stock for distillate fuels; and

(2) If a part of a blend stock, contains diesel that meets the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 .

Ê The term does not include a fuel that is required for use in this State pursuant to a state implementation plan adopted by this State pursuant to 42 U.S.C. § 7410.

1. “Brand name” means a name or logo that is used to identify a business or company.

2. “Diesel exhaust fluid” means an aqueous urea solution that:

(a) Contains, by mass, 32.5 percent technically pure urea and 67.5 percent pure water;

(b) Is used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines; and

(c) Meets the standards set forth in the latest version of ISO 22241, “Diesel engines — NOx reduction agent AUS 32” of the International Organization for Standardization.

1. “Grade” means:

(a) “Regular,” “midgrade,” “plus,” “super,” “premium” or words of similar meaning when describing a grade designation for gasoline.

(b) “Diesel” or words of similar meaning, including, without limitation, any specific type of diesel, when describing a grade designation for diesel motor fuel.

(c) “M-85,” “M-100,” “E-85,” “E-100” or words of similar meaning when describing a grade designation for alternative fuel.

(d) “Propane,” “liquefied petroleum gas,” “compressed natural gas,” “liquefied natural gas” or words of similar meaning when describing pressurized gases.

1. “Motor vehicle fuel” means a petroleum product or alternative fuel used for internal combustion engines in motor vehicles. The term does not include motor vehicle fuel additives.

2. “Performance rating” means the system adopted by the American Petroleum Institute for the classification of uses for which an oil is designed.

3. “Petroleum heating product” means a petroleum product that is used for heating purposes. The term does not include petroleum heating product additives.

4. “Petroleum products” means gasoline, diesel fuel, burner fuel kerosene, lubricating oil, motor oil or any product represented as motor oil or lubricating oil. The term does not include liquefied petroleum gas, natural gas or motor oil additives.

5. “Pure water” means water that is:

(a) Very low in inorganic, organic or colloidal contaminants; and

(b) Produced by a process such as:

(1) Single distillation;

(2) Deionization;

(3) Ultra-filtration; or

(4) Reverse osmosis.

1. “Recycled oil” means a petroleum product which is prepared from used motor oil or used lubricating oil. The term includes rerefined oil.

2. “Rerefined oil” means used oil which is refined after its previous use to remove from the oil any contaminants acquired during the previous use.

3. “Technically pure urea” means urea that is:

(a) An industrially produced grade of urea with traces of biuret, ammonia and water only;

(b) Free of aldehydes or other substances, including, without limitation, anticaking agents; and

(c) Free of contaminants, including, without limitation, sulphur and its compounds, chloride and nitrate.

1. “Used oil” means any oil which has been refined from crude or synthetic oil and, as a result of use, has become unsuitable for its original purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another use or economically recycled.

2. “Viscosity grade classification” means the measure of an oil’s resistance to flow at a given temperature according to the grade classification system of the Society of Automotive Engineers or other grade classification.

[2:157:1955]—(NRS A 1961, 648 ; 1971, 667 ; 1977, 188 ; 1985, 530 ; 1993, 58 ; 1995, 348 ; 2001, 851 ; 2005, 652 ; 2013, 1041 ; 2021, 136 , 1012 )

NRS 597.7134

NRS

597.7134

“Children’s product” defined.

1. “Children’s product” means a product primarily designed or intended by a manufacturer to be used by or for a child, including, without limitation, any article used as a component of such a product.

2. The term does not include:

(a) Any food, beverage, dietary supplement, pharmaceutical product or biologic;

(b) A children’s toy that meets the requirements of the most recent version of the ASTM International Standard F963, “Standard Consumer Safety Specification for Toy Safety”;

(c) A device, as defined in the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 321(h);

(d) Consumer electronics products and electronic components, including, without limitation, personal computers, audio and video equipment, calculators, digital displays, wireless phones, cameras, game consoles, printers, handheld electronic and electrical devices used to access interactive software or associated peripherals or products that comply with the provisions of Directive 2002/95/EC of the European Union, adopted by the European Parliament and Council of the European Union;

(e) Outdoor sports equipment, including, without limitation, snowmobiles, all-terrain vehicles, personal watercraft, watercraft and off-highway vehicles, and all attachments and repair parts of such equipment; or

(f) A tent or sleeping bag.

(Added to NRS by 2021, 481 )

NRS 597.717

NRS

597.717

Legislative findings and declarations.

The Legislature hereby finds and declares that:

1. Electric utilities in this State are responsible for delivering safe, reliable energy through large transmission and distribution networks. Equipment failure or damage from weather, animals and human activity can cause power outages.

2. Electric utilities report that foil balloons are among the top causes of outages. Foil balloons are coated with a shiny metallic film that conducts electricity. If a foil balloon contacts power lines, this can create an electrical fault that can damage power lines, cause blackouts and start fires.

3. Because of the risk of power outages and fires caused by foil balloons coming into contact with power lines, other states and jurisdictions have considered bans on foil balloons.

4. Modern technology has advanced to allow for the manufacturing of foil balloons that resist conducting electricity. The Institute of Electrical and Electronics Engineers is developing standards for such balloons.

5. Requiring foil balloons to be tested and to meet performance standards concerning their dielectric performance will minimize the risks of power outages and fires.

(Added to NRS by 2023, 2967 )

NRS 597.7174

NRS

597.7174

“Foil balloon” defined.

1. “Foil balloon” means a balloon that is constructed of electrically conductive material.

2. The term does not include a hot air balloon or a balloon used in a governmental or scientific research project.

(Added to NRS by 2023, 2968 )

NRS 597.7175

NRS

597.7175

“P2845 Standard” defined.

“P2845 Standard” means the “Standard for Testing and Evaluating the Dielectric Performance of Celebratory Balloons in Contact with Overhead Power Distribution Lines Rated up to 38 kV System Voltage,” IEEE P2845, of the Institute of Electrical and Electronics Engineers.

(Added to NRS by 2023, 2968 )

NRS 597.7176

NRS

597.7176

Required mark; prohibited acts by seller or distributor.

1. A person who manufactures a foil balloon in this State shall include on the foil balloon a suitable, permanent mark that:

(a) Identifies the manufacturer of the foil balloon.

(b) If the foil balloon meets the requirements of

NRS 597.7177 , indicates that the foil balloon meets those requirements. If the Commission has adopted the P2845 Standard pursuant to NRS 597.7178 , any marking specified in the P2845 Standard shall be deemed to be a suitable mark for the purposes of this subsection.

1. A person shall not sell, offer for sale or distribute a foil balloon that is filled with a gas that is lighter than air in this State after the commencement date unless:

(a) An object of sufficient weight is affixed to the foil balloon or its appurtenance to counter the lift capability of the foil balloon; and

(b) No electrically conductive string, tether or streamer or any other electrically conductive object is attached to the foil balloon.

(Added to NRS by 2023, 2968 )

NRS 597.7177

NRS

597.7177

Sale or manufacture of foil balloon prohibited unless balloon tested and meets performance standards; tolling.

1. Except as otherwise provided in this section, a person shall not sell, offer to sell or manufacture a foil balloon in this State after the commencement date unless the foil balloon meets the requirements set forth in this section.

2. Except as otherwise provided in this section, any foil balloon sold, offered for sale or manufactured in this State after the commencement date must be tested in accordance with, and meet the performance standards set forth in, a standard for the testing and evaluation of the dielectric performance of foil balloons adopted by the Commission pursuant to NRS 597.7178 .

3. Except as otherwise provided in subsections 4 and 5, a person who sells, offers for sale or manufactures foil balloons in this State after the commencement date shall ensure that:

(a) Not less than 25 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2027.

(b) Not less than 55 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2028.

(c) Not less than 80 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2029.

(d) One hundred percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2030.

1. A period described in subsection 3 must be tolled during any period in which a serious development, manufacturing, production or supply chain issue or event in the nature of force majeure occurs if the issue or event:

(a) Makes it infeasible to develop, manufacture, produce or sell foil balloons in compliance with the requirements of this section; and

(b) Is outside of the control of the person who sells, offers to sell or manufactures a foil balloon in this State.

1. If a period of tolling is required pursuant to subsection 4, the period must be:

(a) Twenty-four months; or

(b) Until the serious development, manufacturing, production or supply chain issue or event in the nature of force majeure is resolved,

Ê whichever occurs later.

1. As used in this section, “infeasible” means incapable of being accomplished in a successful manner within a reasonable time, taking into account economic, environmental, legal, social and technological factors.

(Added to NRS by 2023, 2968 )

NRS 597.7178

NRS

597.7178

Adoption of standards for testing and evaluating dielectric performance.

1. The Commission shall adopt, by regulation, a standard for testing and evaluating the dielectric performance of foil balloons. If the P2845 Standard is final and approved, the Commission shall adopt the P2845 Standard as the standard required by this section.

2. For the purposes of subsection 1, the P2845 Standard shall be deemed to be final and approved if the Institute for Electrical and Electronics Engineers has:

(a) Published an interim version of the P2845 Standard;

(b) Completed a trial of the interim version of the P2845 Standard; and

(c) After any materially substantive adjustments, if any, to the interim version, published a final version of the P2845 Standard.

(Added to NRS by 2023, 2969 )

NRS 597.980

NRS

597.980

Sale of novelty lighter prohibited; applicability; penalty; enforcement.

1. Except as otherwise provided in subsection 2, a person may not sell at retail, offer for retail sale or distribute for retail sale or promotion in this State a novelty lighter.

2. This section does not apply to the transportation of novelty lighters through this State or the storage of novelty lighters in a warehouse or distribution center in this State that is closed to the public for purposes of retail sales.

3. The Attorney General or any district attorney, on the request of the State Fire Marshal or on his or her own motion, may bring an action in any court of competent jurisdiction in the name of the State of Nevada to enjoin a violation of this section.

4. A person who violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than $500. No sentence of incarceration may be imposed.

5. As used in this section, “novelty lighter”:

(a) Means a mechanical or electrical device which is typically used for lighting cigarettes, cigars or pipes that may operate on any fuel, including, without limitation, butane, isobutene or liquid fuel, and which:

(1) Is designed to resemble and reasonably does resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food, beverage or other similar article that does not resemble a standard disposable lighter; or

(2) Plays musical notes, has flashing lights or has more than one button or function; and

(b) Does not include:

(1) A lighter manufactured before January 1, 1980;

(2) A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame;

(3) Any mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills; or

(4) Standard disposable lighters that are printed or decorated, including, without limitation, through the use of a heat shrinkable sleeve, with logos, labels, decals or artwork.

(Added to NRS by 2009, 1415 )

NRS 598.9805

NRS

598.9805

“Host customer” defined.

“Host customer” means either:

1. The customer of record of an electric utility at the location where an energy system that uses photovoltaic cells and solar energy to generate electricity will be located; or

2. A person who has been designated by the customer of record of an electric utility in a letter to the utility explaining the relationship between that person and the customer of record.

(Added to NRS by 2017, 4268 )

NRS 598.9807

NRS

598.9807

“Power purchase agreement” defined.

“Power purchase agreement” means an agreement in which a solar installation company:

1. Arranges for the design, installation, maintenance and energy output of a distributed generation system; and

2. Sells the electricity generated from a distributed generation system to the host customer.

(Added to NRS by 2017, 4268 )

NRS 598.9808

NRS

598.9808

“Solar installation company” defined.

1. “Solar installation company” means any form of business organization or any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization, that holds a license issued pursuant to chapter 624 of NRS which authorizes the performance of work concerning a distributed generation system and, directly or indirectly, on its own behalf or on behalf of another:

(a) Performs or offers to perform any work concerning a distributed generation system;

(b) Advertises, solicits or offers to enter into an agreement described in NRS 598.9801

to 598.9822 , inclusive; or

(c) Transacts business to:

(1) Sell and install a distributed generation system; or

(2) Install a distributed generation system owned by a third party from whom the customer:

(I) Leases a distributed generation system; or

(II) Purchases electricity generated by a distributed generation system.

1. The term does not include a person who generates leads or referrals to perform work concerning a distributed generation system for persons who hold a license issued pursuant to chapter 624 of NRS authorizing the performance of such work, if such activity is limited to:

(a) Serving as the source of a referral;

(b) Providing the contact information of a person who holds a license issued pursuant to chapter 624

of NRS to a prospective purchaser or lessee;

(c) Setting up appointments on behalf of a person who holds a license issued pursuant to chapter 624

of NRS; or

(d) Advertising through print media.

(Added to NRS by 2017, 4268 ; A 2023, 1118 )

NRS 598.9811

NRS

598.9811

Agreement for lease of distributed generation system: Contents.

An agreement for the lease of a distributed generation system must include, without limitation, the following information in at least 10-point font:

1. The name, mailing address, telephone number and number of the contractor’s license of the solar installation company.

2. The name, mailing address and telephone number of:

(a) The lessor of the distributed generation system; and

(b) The name, mailing address and telephone number of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.

1. An estimated timeline for the installation of the distributed generation system.

2. The length of the term of the lease.

3. A general description of the distributed generation system.

4. The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.

5. A description of any warranties.

6. The amount of the:

(a) Monthly payments due under the lease; and

(b) Total payments due under the lease, excluding taxes.

1. A description of any other one-time or recurring charges, including, without limitation, a description of the circumstances that trigger any late fees.

2. A description of any obligation the lessor has regarding the installation, repair or removal of the distributed generation system.

3. A description of any obligation the lessor has regarding construction of and insurance for the distributed generation system.

4. A description of any:

(a) Taxes due at the commencement of the lease; and

(b) Estimation of taxes known to be applicable during the term of the lease, subject to any change in the state or local tax rate or tax structure.

1. A copy of the warranty for the distributed generation system.

2. A disclosure notifying the lessee of the transferability of the obligations under the warranty to a subsequent lessee.

3. The identification of any state or federal tax incentives that are included in calculating the amount of the monthly payments due under the lease.

4. A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.

5. Any terms for renewal of the lease.

6. A description of any option to purchase the distributed generation system before the end of the term of the lease.

7. A description of all options available to the host customer in connection with the continuation, termination or transfer of the lease in the event of the:

(a) Sale of the property to which the distributed generation system is affixed; or

(b) Death of the lessee.

1. A description of any restrictions that the lease imposes on the modification or transfer of the property to which the distributed generation system is affixed.

2. The granting to the lessee of the right to rescind the lease for a period ending not less than 3 business days after the lease is signed.

3. An estimate of the amount of electricity that could be generated by the distributed generation system in the first year of operation.

4. A signature block that is signed and dated by the lessor and the lessee of the distributed generation system.

(Added to NRS by 2017, 4269 )

NRS 598.9812

NRS

598.9812

Agreement for lease of distributed generation system: Disclosure.

1. An agreement for the lease of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.

2. The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9809 and 598.9811 .

3. The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the lessor;

(b) The name, mailing address, telephone number, electronic mail address and number of the contractor’s license of the person who installed the distributed generation system, if different from the solar installation company;

(c) The name, mailing address, telephone number, electronic mail address and the number of the contractor’s license of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company;

(d) The length of the term of the lease;

(e) The amount of the monthly payments due under the lease in the first year of operation;

(f) The amounts due at the signing for and at the completion of the installation of the distributed generation system;

(g) The estimated amount of the total payments due under the lease, including, without limitation, any incentives that are included in the estimated lease payments;

(h) A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger:

(1) Any late fees;

(2) Estimated fees for the removal of the distributed generation system;

(3) Fees for a notice of removal and refiling pursuant to the Uniform Commercial Code;

(4) Fees for connecting to the Internet; and

(5) Fees for not enrolling in a program in which payments are made through an electronic transfer of money cleared through an automated clearinghouse;

(i) The total number of payments to be made under the lease;

(j) The due date of any payment and the manner in which the consumer will receive an invoice for such payments;

(k) The rate of any payment increases and the date on which the first increase in the rate may occur, if applicable;

(l) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(4) As specified by the lease at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

(m) A disclosure notifying the lessee of the intent of the lessor to file a fixture filing, as defined in NRS 104A.2309 , on the distributed generation system;

(n) A disclosure notifying the lessee if maintenance and repairs of the distributed generation system are included in the lease;

(o) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the lessee in connection with the installation or removal of the distributed generation system;

(p) A disclosure describing:

(1) The transferability of the lease; and

(2) Any conditions on transferring the lease in connection with the lessee selling his or her property;

(q) A description of any guarantees of the performance of the distributed generation system;

(r) A description of the basis for any estimates of savings that were provided to the lessee, if applicable; and

(s) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4270 )

NRS 598.9815

NRS

598.9815

Agreement for purchase of distributed generation system: Disclosure.

1. An agreement for the purchase of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.

2. The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9813 and 598.9814 .

3. The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the solar installation company;

(b) The name, mailing address, telephone number, electronic mail address and number of the contractor’s license of the person who installed the distributed generation system, if different from the solar installation company;

(c) The name, mailing address, telephone number, electronic mail address and the number of the contractor’s license of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company;

(d) The purchase price of the distributed generation system;

(e) The payment schedule for the distributed generation system;

(f) The approximate start and completion dates for the installation of the distributed generation system;

(g) A disclosure notifying the purchaser of the responsible party for obtaining approval for connecting the distributed generation system to the electricity meter on the host customer’s side;

(h) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(4) As specified by the agreement at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

(i) A disclosure notifying the purchaser if maintenance and repairs of the distributed generation system are included in the purchase;

(j) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the purchaser in connection with the installation or removal of the distributed generation system;

(k) A description of any guarantees of the performance of the distributed generation system;

(l) A description of the basis for any estimates of savings that were provided to the purchaser, if applicable; and

(m) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4273 )

NRS 598.9816

NRS

598.9816

Power purchase agreement: Cover page.

A power purchase agreement for the sale of the output of a distributed generation system must include a cover page that:

1. Prominently displays the following information at the top of the cover page in at least 16-point font:

(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days after the execution of the agreement, as provided in NRS 598.98216 .

(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice that the host customer may send such a notice to that electronic mail address.

(c) Notice of the requirement to make and maintain a recording pursuant to NRS 598.98213 .

(d) Notice that, before the installation of the distributed generation system, the host customer will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the sale of the output of the distributed generation system other than what is contained in the agreement.

1. Provides the following information in at least 10-point font:

(a) The rate of any increase in the payments to be made during the term of the agreement and, if applicable, the date of the first such increase.

(b) An estimated timeline for the installation of the distributed generation system.

(c) The rate of electricity per kilowatt-hour of electricity for the first year of the agreement.

(d) The length of the term of the agreement.

(e) The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.

(f) The estimated production of the distributed generation system in the first year of operation and an explanation that:

(1) The host customer will always receive a power bill if the premises of the host customer are connected to the power grid;

(2) The estimated production or offset is based on available data on prior consumption; and

(3) Any change in consumption by the host customer will impact the estimated offset, or savings, in relation to the production.

(g) A description of the options available at the end of the term of the agreement.

(h) A description of any option to purchase the distributed generation system before the end of the term of the agreement.

(i) Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470 .

(j) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.

(k) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.

(l) Contact information for the State Contractors’ Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.

(m) Notice that the host customer, before execution of the agreement, may request any document used in the solicitation, offer or transaction for the power purchase agreement in any language.

(Added to NRS by 2017, 4274 ; A 2023, 1121 )

NRS 598.9817

NRS

598.9817

Power purchase agreement: Contents.

A power purchase agreement for the sale of the output of a distributed generation system must include, without limitation, the following information in at least 10-point font:

1. The name, mailing address, telephone number, electronic mail address and number of the contractor’s license of the solar installation company.

2. The name, mailing address, telephone number and electronic mail address of:

(a) The provider of the distributed generation system; and

(b) The name, mailing address, telephone number and electronic mail address of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.

1. The length of the term of the agreement.

2. An estimated timeline for the installation of the distributed generation system.

3. The payments made during the first year of the agreement for the price of electricity, which includes, without limitation, the price per kilowatt-hour of electricity and the price per monthly system electrical output.

4. The estimated annual electrical output of the distributed generation system.

5. The rate of any increase in the payments to be made during the term of the agreement and, if applicable, the date of the first such increase.

6. A description of any obligation the solar installation company has regarding construction and repair of and insurance for the distributed generation system.

7. A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger any late fees.

8. A description of any:

(a) Taxes due at the commencement of the agreement; and

(b) Estimation of taxes known to be applicable during the term of the agreement, subject to a change in the state or local tax rate or tax structure.

1. A copy of the warranty for the distributed generation system.

2. A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.

3. Any terms for renewal of the agreement.

4. A description of any option to purchase the distributed generation system before the end of the term of the agreement.

5. A description of all options available to the host customer in connection with the continuation, termination or transfer of the agreement in the event of the:

(a) Sale of the property to which the distributed generation system is affixed; or

(b) Death of the purchaser.

1. The granting to the purchaser of the right to rescind the agreement for a period ending not less than 3 business days after the agreement is signed.

2. A description of any restrictions that the agreement imposes on the modification or transfer of the property to which the distributed generation system is affixed.

3. A description of any guarantees of the performance of the distributed generation system.

4. A disclosure notifying the host customer of the transferability of the obligations under the warranty to a subsequent purchaser.

5. A signature block that is signed and dated by the purchaser and the solar installation company.

6. A statement describing the due dates of any payments.

(Added to NRS by 2017, 4274 )

NRS 598.9818

NRS

598.9818

Power purchase agreement: Disclosure.

1. A power purchase agreement for the sale of output of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.

2. The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9816 and 598.9817 .

3. The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the solar installation company;

(b) The name, mailing address, telephone number, electronic mail address and number of the contractor’s license of the person who installed the distributed generation system, if different from the solar installation company;

(c) The name, mailing address, telephone number, electronic mail address and the number of the contractor’s license of the person responsible for all maintenance of the distributed generation system if different from the solar installation company;

(d) The payment schedule for the distributed generation system, including, without limitation, any payments that are due, if applicable, at:

(1) Signing for the distributed generation system;

(2) Commencement of installation of the distributed generation system; and

(3) Completion of installation of the distributed generation system;

(e) A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger:

(1) Any late fees;

(2) Estimated fees for the removal of the distributed generation system;

(3) Fees for a notice of removal and refiling pursuant to the Uniform Commercial Code;

(4) Fees for connecting to the Internet; and

(5) Fees for not enrolling in a program in which payments are made through an electronic transfer of money cleared through an automated clearinghouse;

(f) A statement that describes when payments are due;

(g) The rate of any payment increases and the date on which the first increase in the rate may occur, if applicable;

(h) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(4) As specified by the agreement at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

(i) A disclosure notifying the purchaser of the intent of the owner of the distributed generation system to file a fixture filing, as defined in NRS 104A.2309 , on the distributed generation system;

(j) A disclosure notifying the purchaser if maintenance and repairs of the distributed generation system are included in the agreement;

(k) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the purchaser in connection with the installation or removal of the distributed generation system;

(l) A disclosure describing the transferability of the distributed generation system in connection with the purchaser selling his or her property;

(m) A description of any guarantees of the performance of the distributed generation system;

(n) A description of the basis for any estimates of savings that were provided to the purchaser, if applicable; and

(o) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4275 )

NRS 598.9819

NRS

598.9819

Utility rates disclosure required in agreement in certain circumstances.

If an agreement for the lease or purchase of a distributed generation system or if a power purchase agreement makes a written reference to the price of electricity that is provided by an electric utility, the agreement or power purchase agreement, as applicable, must also provide, in 12-point font, a disclosure in substantially the following form:

Actual utility rates may go up or down and actual savings may vary. For further information regarding rates, you may contact your local utility or the Public Utilities Commission of Nevada.

(Added to NRS by 2017, 4276 )

NRS 603.020

NRS

603.020

“Computer” defined.

“Computer” means an electrical device which performs arithmetic or logical functions on information that is recorded in the form of electronic or magnetic impulses, and includes any device connected to a computer for the purpose of communicating, processing, storing or retrieving such information. The term does not include a device such as a radio or television transmitter or receiver, television camera, videotape recorder, sound recorder, phonograph or similar device which is used for reproducing information in aural or visual form without changing the nature or content of the information, unless such a device is connected to and used by a computer.

(Added to NRS by 1983, 1348 )

NRS 608.0165

NRS

608.0165

Basis for payment of employee who manufactures or uses explosives; penalty.

1. Except as otherwise provided in this section, wages or compensation paid to an employee whose duties include the manufacture of an explosive, or the use, processing, handling, on-site movement or storage of an explosive that is related to its manufacture, must be based solely on the number of hours the employee works. The provisions of this subsection do not apply to persons employed in the mining industry.

2. Any person who violates the provisions of subsection 1:

(a) For the first violation, shall be punished by a fine of not less than $10,000 nor more than $20,000.

(b) For the second or any subsequent violation, shall be punished by a fine of not less than $20,000 nor more than $50,000.

1. Except as otherwise provided in subsection 4, as used in this section, “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.

2. For the purposes of this section, an explosive does not include:

(a) Ammunition for small arms, or any component thereof;

(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.

(Added to NRS by 1999, 1114 )

NRS 609.190

NRS

609.190

Employing or permitting child under 16 years of age to work in certain occupations prohibited.

1. No child under the age of 16 years shall be employed, permitted or suffered to work in any capacity in, about or in connection with:

(a) The preparation of any composition in which dangerous or poisonous acids are used.

(b) The manufacture of paints, colors or white lead.

(c) Dipping, drying or packing matches.

(d) The manufacture of goods for immoral purposes.

(e) Any mine, coal breaker, quarry, smelter, ore reduction works, laundry, tobacco warehouse, cigar factory or other factory where tobacco is manufactured or prepared.

(f) Any distillery, brewery or any other establishment where malt or alcoholic liquors are manufactured, packed, wrapped or bottled.

(g) Any glass furnace, smelter, the outside erection and repair of electric wires, the running or management of elevators, lifts or hoisting machines, or oiling hazardous or dangerous machinery in motion.

(h) Switch tending, gate tending, or track repairing.

1. No child under the age of 16 years shall be employed or permitted or suffered to work as a brakeman, fireman, engineer, motorman or conductor upon any railroad in or about establishments where nitroglycerin, dynamite, dualin, guncotton, gunpowder or other high or dangerous explosives are manufactured, compounded or stored.

2. No child under the age of 16 years shall be employed or permitted or suffered to work in any other employment declared by the Labor Commissioner to be dangerous to the lives or limbs, or injurious to the health or morals, of children under the age of 16 years.

[2:232:1913; 1919 RL p. 2649; NCL § 1048] + [5:232:1913; 1919 RL p. 2649; NCL § 1051]—(NRS A 1973, 550 )

NRS 613.440

NRS

613.440

Definitions.

As used in NRS 613.440 to 613.510 , inclusive, unless the context otherwise requires:

1. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee.

2. “Lie detector” means a polygraph, voice stress analyzer, psychological stress evaluator or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.

3. “Polygraph” means an instrument that:

(a) Visually, permanently and simultaneously records cardiovascular activity, respiratory activity and changes in skin resistance; and

(b) Is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the veracity of any statement made by the person examined.

1. “Polygraphic examination” means a test administered with a polygraph.

(Added to NRS by 1989, 723 )

NRS 618.305

NRS

618.305

Sources for standards.

The Division may consider the following sources in adopting standards under this chapter:

1. American National Standards Institute (ANSI).

2. American Society of Mechanical Engineers (ASME).

3. American Society for Testing and Materials (ASTM).

4. Code of Federal Regulations (CFR).

5. National Electrical Code (NEC).

6. National Fire Protection Association (NFPA).

7. Any national consensus standard.

8. Any safety order legally adopted by the Division.

(Added to NRS by 1973, 1013 ; A 1981, 1508 )

NRS 618.383

NRS

618.383

Establishment of safety program: Duties of certain employers; requirements of program; training for temporary employees; regulations; exemption.

1. Except as otherwise provided in subsections 8 and 9, an employer shall establish a written safety program and carry out the requirements of the program within 90 days after it is established.

2. The written safety program must include:

(a) The establishment of a training program for employees concerning safety in the workplace, particularly in those areas where there have been recurring injuries or where explosives are manufactured.

(b) If an employer has more than 25 employees, or if an employer’s employees are engaged in the manufacture of explosives, the establishment of a safety committee. The safety committee must include representatives of employees. If the employees are represented by a labor organization, the representatives of employees must be selected by the employees and not appointed by the employer.

1. A representative of employees while engaging in the business of a safety committee, including attendance at meetings, authorized inspections or any other activity of the committee, must be paid by his or her employer as if that employee were engaged in the employee’s usual work activities.

2. The written safety program and all training programs required pursuant to this section must be conducted and made available in a language and format that is understandable to each employee.

3. The Administrator of the Division shall adopt regulations establishing the minimum requirements for a written safety program.

4. The Administrator of the Division shall develop and provide each employer with a written guide for establishing a written safety program.

5. An employer who contracts with a temporary employment service shall provide specialized training concerning safety for the employees of the service before they begin work at each site or as soon as possible thereafter.

6. An employer who has 10 or fewer employees is exempted from the provisions of this section unless the employer has employees engaged in the manufacture of explosives.

7. For the purposes of this section, an employer in the mining industry shall not be deemed to be a manufacturer of explosives.

8. Except as otherwise provided in subsection 11, as used in this section, “explosives” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.

9. For the purposes of this section, an explosive does not include:

(a) Ammunition for small arms, or any component thereof;

(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.

(Added to NRS by 1991, 2393 ; A 1993, 772 , 1882 ;

1995, 579 , 2037 ,

2038 ;

1999, 863 , 865 )

NRS 618.755

NRS

618.755

Scope.

NRS 618.750 to 618.850 , inclusive, does not apply to:

1. The control of asbestos by a person in his or her own residence.

2. A person employed by a public utility which supplies electricity when performing emergency activities which include, but are not limited to:

(a) The removal of insulation containing asbestos on pipes;

(b) The removal of small quantities of insulation containing asbestos on beams or above ceilings;

(c) The replacement of a gasket containing asbestos on a valve;

(d) The installation or removal of a small section of drywall; and

(e) The installation of electrical conduits running through or proximate to materials containing asbestos,

Ê if the person is trained by and works under the direction of a person who is capable of identifying existing hazards in a workplace which are related to asbestos, tremolite, anthophyllite or actinolite, and is authorized to take prompt corrective measures to eliminate them as set forth in 29 C.F.R. § 1926.32(f) on June 28, 1989.

(Added to NRS by 1989, 1276 ; A 2013, 2744 )

NRS 618.880

NRS

618.880

Establishment of safety plans and procedures; certification of cranes; certification of operators of tower cranes and mobile cranes; exceptions. [Effective until the date on which the Governor declares that the Federal Government has adopted provisions governing the certification of crane operators.]

1. The Division shall adopt regulations establishing standards and procedures for the operation of cranes, including, without limitation, regulations requiring the:

(a) Establishment and implementation of site safety plans and procedures for the erection and dismantling of tower cranes;

(b) Establishment of a clear zone around the erection, dismantling or other highly hazardous lifts with a crane;

(c) Annual certification of the mechanical lifting parts of the crane; and

(d) Certification of tower cranes each time a tower crane is erected and additional annual certifications of tower cranes while they continue to be in use.

1. Except as otherwise provided in subsection 3:

(a) The Division shall adopt regulations requiring the establishment and implementation of programs for the certification of all persons who operate:

(1) Tower cranes; or

(2) Mobile cranes having a usable boom length of 25 feet or greater or a maximum machine rated capacity of 15,000 pounds or greater.

(b) A person shall not operate a tower crane or a mobile crane described in subparagraph (2) of paragraph (a) unless the person holds certification as a crane operator issued pursuant to this subsection for the type of crane being operated.

(c) An applicant for certification as a crane operator must hold a certificate which:

(1) Is issued by an organization whose program of certification for crane operators:

(I) Is accredited by the National Commission for Certifying Agencies or an equivalent accrediting body approved by the Division; or

(II) Meets other criteria established by the Division; and

(2) Certifies that the person has met the standards to be a crane operator established by the American Society of Mechanical Engineers in its standards B30.3, B30.4 or B30.5 as adopted by regulation of the Division.

1. The provisions of subsection 2 do not apply to a person who:

(a) Is an employee of a utility while the person is engaged in work for or at the direction of the utility;

(b) Operates an electric or utility line truck that is regulated pursuant to 29 C.F.R. § 1910.269 or 29 C.F.R. Part 1926, Subpart V; or

(c) Operates an aerial or lifting device, whether or not self-propelled, that is designed and manufactured with the specific purpose of lifting one or more persons in a bucket or basket or on a ladder or platform and holding those persons in the lifted position while they perform tasks. Such devices include, without limitation:

(1) A bucket truck or lift;

(2) An aerial platform;

(3) A platform lift; or

(4) A scissors lift.

1. As used in this section, “utility” means any public or private utility, whether or not the utility is subject to regulation by the Public Utilities Commission of Nevada, that provides, at wholesale or retail:

(a) Electric service;

(b) Gas service;

(c) Water or sewer service;

(d) Telecommunication service, including, without limitation, local exchange service, long distance service and personal wireless service; or

(e) Television service, including, without limitation, community antenna television, cable television and other video service.

(Added to NRS by 1995, 1889 ; A 2005, 933 ; 2007, 1400 ; 2009, 977 )

NRS

618.880

Establishment of safety plans and procedures; certification of cranes; certification of operators of tower cranes and mobile cranes; expiration and renewal of certifications of crane operators; exceptions. [Effective on the date on which the Governor declares that the Federal Government has adopted provisions governing the certification of crane operators.]

1. The Division shall adopt regulations establishing standards and procedures for the operation of cranes, including, without limitation, regulations requiring the:

(a) Establishment and implementation of site safety plans and procedures for the erection and dismantling of tower cranes;

(b) Establishment of a clear zone around the erection, dismantling or other highly hazardous lifts with a crane;

(c) Annual certification of the mechanical lifting parts of the crane; and

(d) Certification of tower cranes each time a tower crane is erected and additional annual certifications of tower cranes while they continue to be in use.

1. Except as otherwise provided in subsection 3:

(a) The Division shall adopt regulations requiring the establishment and implementation of programs for the certification of all persons who operate:

(1) Tower cranes; or

(2) Mobile cranes having a usable boom length of 25 feet or greater or a maximum machine rated capacity of 15,000 pounds or greater.

(b) A person shall not operate a tower crane or a mobile crane described in subparagraph (2) of paragraph (a) unless the person holds certification as a crane operator issued pursuant to this subsection for the type of crane being operated.

(c) An applicant for certification as a crane operator must hold a certificate which:

(1) Is issued by an organization whose program of certification for crane operators:

(I) Is accredited by the National Commission for Certifying Agencies or an equivalent accrediting body approved by the Division; and

(II) Meets other criteria as may be established by the Division;

(2) Certifies that the person has met the standards to be a crane operator established by ASME International, in its standards B30.3, B30.4 or B30.5 as adopted by regulation of the Division;

(3) Requires a minimum of 1,000 hours of crane-related experience or training during the 5-year period immediately preceding the issuance of a mobile crane operator certification;

(4) Requires a minimum of 1,000 hours of crane-related experience or training, of which a minimum of 500 hours is specific to tower crane operation, during the 5-year period immediately preceding the issuance of a tower crane operator certification; and

(5) Does not require an examination during which the applicant must operate a crane if the applicant:

(I) Is seeking recertification for the type of crane for which the applicant currently holds a valid certification; and

(II) Has 1,000 hours of experience operating the type of crane for which the applicant is seeking certification during the 5-year period immediately preceding the issuance of the applicant’s recertification.

(d) The organization that issues a certification pursuant to this subsection is responsible for the verification of hours of experience or training required by this subsection.

1. The provisions of subsection 2 do not apply to a person who:

(a) Is an employee of a utility while the person is engaged in work for or at the direction of the utility;

(b) Operates an electric or utility line truck that is regulated pursuant to 29 C.F.R. § 1910.269 or 29 C.F.R. Part 1926, Subpart V;

(c) Operates an aerial or lifting device, whether or not self-propelled, that is designed and manufactured with the specific purpose of lifting one or more persons in a bucket or basket or on a ladder or platform and holding those persons in the lifted position while they perform tasks. Such devices include, without limitation:

(1) A bucket truck or lift;

(2) An aerial platform;

(3) A platform lift; or

(4) A scissors lift; or

(d) Operates a crane as a trainee under the direct supervision of an operator who has a valid certification in accordance with subsection 2 for the type of crane being operated by the trainee. As used in this paragraph, “direct supervision” means that the person who is supervising the trainee:

(1) Is in the immediate area of the trainee;

(2) Can see the trainee;

(3) Is able to communicate effectively with the trainee; and

(4) Has no duties other than to observe the operation of the crane by the trainee.

1. A certification used to satisfy the requirements of this section for a crane operator expires 5 years after the date that it is issued and may be renewed by providing proof deemed acceptable by the Division that the crane operator has fulfilled the requirements of subsection 2.

2. As used in this section, “utility” means any public or private utility, whether or not the utility is subject to regulation by the Public Utilities Commission of Nevada, that provides, at wholesale or retail:

(a) Electric service;

(b) Gas service;

(c) Water or sewer service;

(d) Telecommunication service, including, without limitation, local exchange service, long distance service and personal wireless service; or

(e) Television service, including, without limitation, community antenna television, cable television and other video service.

(Added to NRS by 1995, 1889 ; A 2005, 933 ; 2007, 1400 ; 2009, 977 , effective on the date on which the Governor declares that the Federal Government has adopted provisions governing the certification of crane operators)

NRS 618.890

NRS

618.890

Regulations establishing safety plans and procedures; training and testing program for employees; exception.

1. The Division shall adopt regulations establishing standards and procedures for places of employment where explosives are manufactured, or where an explosive is used, processed, handled, moved on-site or stored in relation to its manufacture, including, without limitation, regulations requiring the:

(a) Establishment and implementation of safety plans and procedures;

(b) Establishment of safety zones at or around such places of employment;

(c) Annual certification of such places of employment;

(d) Annual certification of trainers, production managers, supervisors and other persons designated by an employer to provide an annual training and testing program for employees; and

(e) Establishment and implementation of programs for the annual training and testing of employees who are engaged in the manufacture of an explosive, or the use, processing, handling, on-site movement or storage of an explosive that is related to its manufacture, that will be conducted by a trainer, production manager, supervisor or any other person certified pursuant to paragraph (d).

1. If the standards and procedures adopted pursuant to this section conflict with any ordinances of a local governing body regulating explosives, the more stringent standard applies.

2. Except as otherwise provided in subsection 2, compliance with an ordinance of a local governing body regulating explosives does not excuse any person from complying with the standards and procedures adopted by the Division pursuant to this section.

3. Each employer engaged in the manufacture of explosives shall provide to each of his or her employees, who in the course of their employment are directly involved in the manufacture of explosives, or the handling of an explosive or any hazardous component thereof, an annual training and testing program that has been approved by the Division in accordance with subsection 1. The annual training must be conducted by a trainer, production manager, supervisor or other person certified by the Division to provide such training. An employer shall not allow an employee to engage in employment that requires the employee to be directly involved in the manufacture of explosives, or the handling of an explosive or any hazardous component thereof, until the employee has completed the applicable training and testing program required pursuant to this subsection. Any violation of this subsection by an employer constitutes a serious violation which is subject to the provisions of NRS 618.645 .

4. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.

5. Except as otherwise provided in subsection 7, as used in this section, “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion, or detonation of the compound, mixture or device or any part thereof may cause an explosion.

6. For the purposes of this section, an explosive does not include:

(a) Ammunition for small arms, or any component thereof;

(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.

(Added to NRS by 1999, 1853 )

NRS 618.898

NRS

618.898

Permit for construction or alteration of major process used to protect lives, safety and health of employees: Application; standards for issuance; fee; regulations; exception.

1. No owner or operator of a place of employment may commence the construction of, substantially alter the construction of, or modify any major process used to protect the lives, safety and health of employees at a place of employment where an explosive is manufactured, or used, processed, handled, moved on-site or stored in relation to its manufacture, unless the owner or operator, as applicable, first obtains a permit therefor from the Division. Before issuing any permit, the Division shall consult with the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

2. An application for such a permit must be submitted on a form prescribed by the Division.

3. The Division may require the applicant to comply with requirements that it establishes by regulation before issuing such a permit.

4. The Division may charge and collect a fee for the issuance of such a permit.

5. The Division shall adopt such regulations as are necessary to carry out the provisions of this section.

6. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining industry.

7. Except as otherwise provided in subsection 8, as used in this section, “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion, or detonation of the compound, mixture or device or any part thereof may cause an explosion.

8. For the purposes of this section, an explosive does not include:

(a) Ammunition for small arms, or any component thereof;

(b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes:

(1) In an antique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or

(c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States.

(Added to NRS by 1999, 2010 )

NRS 618.912

NRS

618.912

“Photovoltaic installer” defined.

“Photovoltaic installer” means a person directly engaged with the electrical connection and wiring of a photovoltaic system project in a capacity other than as an inspector, management planner, consultant, project designer, contractor or supervisor for the photovoltaic system project.

(Added to NRS by 2005, 22nd Special Session, 72 )

NRS 618.9925

NRS

618.9925

“Worker” defined.

1. Except as otherwise provided in this subsection, “worker” means a person whose primary occupation is to perform convention services work at a site. The term does not include a person whose primary occupation is to:

(a) Perform catering;

(b) Perform janitorial services;

(c) Perform photography;

(d) Provide security; or

(e) Provide, maintain or arrange floral decorations or displays.

1. As used in this section, “convention services work” includes, without limitation:

(a) Constructing, installing, maintaining, operating or removing trade show or exhibition displays;

(b) Loading or unloading equipment and materials;

(c) Erecting or dismantling booths and structures;

(d) Rigging display areas; and

(e) Installing temporary electrical power for use in display areas.

(Added to NRS by 2019, 490 )

NRS 623.354

NRS

623.354

Registered interior designers authorized to collaborate with members of certain professions; limitations.

A registered interior designer may collaborate in the completion of a project for the alteration or construction of an interior area of a structure designed for human habitation or occupancy with members of not more than two of the following professions or disciplines of professional engineering:

1. Architecture, as that profession is regulated pursuant to the provisions of this chapter;

2. Electrical engineering, as that discipline is regulated pursuant to the provisions of chapter 625 of NRS;

3. Mechanical engineering, as that discipline is regulated pursuant to the provisions of chapter 625 of NRS; and

4. Structural engineering, as that discipline is regulated pursuant to the provisions of chapter 625 of NRS.

(Added to NRS by 1995, 1694 )

NRS 624.031

NRS

624.031

Applicability of chapter: Exemptions.

The provisions of this chapter do not apply to:

1. Work performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State.

2. Any entity that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), which:

(a) Enters into a contract or other agreement with the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State, to facilitate the repair or maintenance of properties, including, without limitation, weatherization and energy efficiency services;

(b) Facilitates work to be performed on such a property by a person licensed pursuant to this chapter; and

(c) Is a party with the owner of such a property and a person licensed pursuant to this chapter to a contract or agreement for the work on the property.

1. An officer of a court when acting within the scope of his or her office.

2. Work performed exclusively by a public utility operating pursuant to the regulations of the Public Utilities Commission of Nevada on construction, maintenance and development work incidental to its business.

3. An owner of property who is building or improving a residential structure on the property for his or her own occupancy and not intended for sale or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the Board for the exemption. The Board shall adopt regulations setting forth the requirements for granting the exemption.

4. Any work to repair or maintain property the value of which is less than $1,000, including labor and materials, unless:

(a) A building permit is required to perform the work;

(b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;

(c) The work is of a type performed by a contractor licensed in a classification prescribed by the Board that significantly affects the health, safety and welfare of members of the general public;

(d) The work is performed as a part of a larger project:

(1) The value of which is $500 or more; or

(2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or

(e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of that person.

1. The sale or installation of any finished product, material or article of merchandise which is not fabricated into and does not become a permanent fixed part of the structure.

2. The construction, alteration, improvement or repair of personal property.

3. The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.

4. An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his or her use or occupancy and not intended for sale or lease.

5. Construction oversight services provided to a long-term recovery group by a qualified person within a particular geographic area that is described in a proclamation of a state of emergency or declaration of disaster by the State or Federal Government, including, without limitation, pursuant to NRS 414.070 . A long-term recovery group may reimburse such reasonable expenses as the qualified person incurs in providing construction oversight services to that group. Except as otherwise provided in this subsection, nothing in this subsection authorizes a person who is not a licensed contractor to perform the acts described in paragraphs (a) and (b) of subsection 1 of NRS 624.700 . As used in this subsection:

(a) “Construction oversight services” means the coordination and oversight of labor by volunteers.

(b) “Long-term recovery group” means a formal group of volunteers coordinating response and recovery efforts related to a state of emergency or disaster that is proclaimed or declared by the State or Federal Government.

(c) “Qualified person” means a person who possesses the abilities, education, experience, knowledge, skills and training that a long-term recovery group has identified as being necessary to provide construction oversight services for a project to be performed by that group.

1. A person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson pursuant to chapter 645 of NRS who, acting within the scope of the license or a permit to engage in property management issued pursuant to NRS 645.6052 , assists a client in scheduling work to repair or maintain residential property pursuant to a written brokerage agreement or a property management agreement. Such assistance includes, without limitation, assisting a client in the hiring of any number of licensed contractors to perform the work. Nothing in this subsection authorizes the performance of any work for which a license is required pursuant to this chapter by a person who is not licensed pursuant to this chapter or the payment of any additional compensation to a person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson for assisting a client in scheduling the work. The provisions of this subsection apply only if a building permit is not required to perform the work and if the value of the work does not exceed $10,000 per residential property during the fixed term of the written brokerage agreement, if the assistance is provided pursuant to such an agreement, or during a period not to exceed 6 months if the assistance is provided pursuant to a property management agreement. As used in this subsection:

(a) “Brokerage agreement” has the meaning ascribed to it in NRS 645.005 .

(b) “Property management agreement” has the meaning ascribed to it in NRS 645.0192 .

(c) “Real estate broker” has the meaning ascribed to it in NRS 645.030 .

(d) “Real estate broker-salesperson” has the meaning ascribed to it in NRS 645.035 .

(e) “Real estate salesperson” has the meaning ascribed to it in NRS 645.040 .

(f) “Residential property” means:

(1) Improved real estate that consists of not more than four residential units; or

(2) A single-family residential unit, including a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

[1:Art. III:186:1941; A 1951, 47 ] + [2:Art. III:186:1941; 1943 NCL § 1474.14] + [3:Art. III:186:1941; A 1951, 47 ] + [4:Art. III:186:1941; A 1947, 307 ; 1951, 47 ] + [5:Art. III:186:1941; 1931 NCL § 1474.17] + [6:Art. III:186:1941; 1931 NCL § 1474.18] + [7:Art. III:186:1941; A 1951, 47 ] + [9:Art. III:186:1941; A 1947, 307 ; 1943 NCL § 1474.21]—(NRS A 1975, 1167 ; 1987, 1730 ; 1989, 1629 ; 1997, 2019 , 3162 ;

2001, 2409 ; 2007, 855 ; 2009, 763 ; 2013, 578 ; 2017, 3963 )

NRS 624.215

NRS

624.215

Contracting business.

1. For the purpose of classification, the contracting business includes the following branches:

(a) General engineering contracting.

(b) General building contracting.

(c) Specialty contracting.

Ê General engineering contracting and general building contracting are mutually exclusive branches.

1. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.

2. Except as otherwise provided in subsections 5 and 6, a general building contractor is a contractor whose principal contracting business is in connection with the construction or remodeling of buildings or structures for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in their construction the use of more than two unrelated building trades or crafts, upon which he or she is a prime contractor and where the construction or remodeling of a building is the primary purpose. Unless he or she holds the appropriate specialty license, a general building contractor may only contract to perform specialty contracting if he or she is a prime contractor on a project. Except as otherwise provided in subsection 4 of NRS 624.220 , a general building contractor shall not perform specialty contracting in plumbing, electrical, refrigeration and air-conditioning or fire protection without a license for the specialty. A person who is licensed pursuant to chapter 489 of NRS and who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.

3. A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.

4. A general engineering contractor, when acting as a prime contractor, may hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.

5. A general building contractor may contract to provide management and counseling services on a construction project for a professional fee. A general building contractor who has contracted to provide management and counseling services:

(a) Must have an active license in the same classifications and subclassifications that are required to be held by the prime contractor on the project.

(b) May hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.

1. A single construction project must be limited to not more than one general building contractor who provides management and counseling services for a professional fee and not more than one general building contractor who provides any work, materials or equipment as specified in subsection 3.

2. Except as otherwise provided in this subsection, each construction project must have one, but not more than one, prime contractor who is a licensed contractor and is responsible for the work, materials and equipment for the construction project. A construction project is not required to have a prime contractor if the work for the construction project or the person providing the work for the construction project is exempt pursuant to NRS 624.031 .

3. This section does not prevent the Board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom, usage and procedure found in the building trades. The Board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.

4. As used in this section, “prime contractor” means:

(a) A general engineering contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor is licensed;

(b) A general building contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general building contractor is licensed;

(c) A general engineering contractor and general building contractor who enter into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor and general building contractor are licensed; or

(d) A specialty contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide:

(1) Any work, materials or equipment for which the specialty contractor is licensed; and

(2) Any other work which is incidental and supplemental thereto.

(Added to NRS by 1967, 1594 ; A 1971, 600 ; 1983, 311 ; 1997, 212 , 2687 ;

2019, 158 , 1607 ,

1612 ;

2023, 63 )

NRS 624.220

NRS

624.220

Contractors; monetary limit on license; regulations.

1. The Board shall adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which the contractor is classified and qualified to engage as defined by NRS 624.215 and the regulations of the Board.

2. The Board shall limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor’s license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The Board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit must be determined after consideration of the factors set forth in NRS 624.260 to 624.265 , inclusive.

3. A licensed contractor may request that the Board increase the monetary limit on his or her license, either on a permanent basis or for a single construction project. A request submitted to the Board pursuant to this subsection must be in writing on a form prescribed by the Board and accompanied by such supporting documentation as the Board may require. A request submitted pursuant to this section for a single construction project must be submitted to the Board at least 5 working days before the date on which the licensed contractor intends to submit a bid for the project and must be approved by the Board before the submission of a bid by the contractor for the project.

4. Subject to the provisions of regulations adopted pursuant to subsection 5, nothing contained in this section prohibits:

(a) A specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which the specialty contractor is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

(b) Except as otherwise provided in this paragraph, a licensed contractor from performing work of a type for which the contractor does not have a license in the applicable classification or subclassification if the value of the work is less than $1,000, including labor and materials, and the work does not require a permit. A licensed contractor shall not perform work of a type for which the contractor does not have a license in the applicable classification or subclassification if the work is of a type performed by a plumbing, electrical, refrigeration or air-conditioning contractor.

1. The Board shall adopt regulations establishing a specific limit on the amount of asbestos that a licensed contractor with a license that is not classified for the abatement or removal of asbestos may abate or remove pursuant to subsection 4.

[1:Art. III—A:186:1941; added 1945, 296 ; 1943 NCL § 1474.21a]—(NRS A 1960, 353 ; 1963, 694 ; 1967, 1592 ; 1971, 180 ; 1979, 321 ; 1999, 2178 , 2956 ;

2007, 1550 ; 2011, 199 ; 2019, 1607 )

LICENSES

NRS 624.270

NRS

624.270

Bond or deposit: Requirements; amount; conditions.

1. Before issuing a contractor’s license to any applicant, the Board shall require that the applicant:

(a) File with the Board a surety bond in a form acceptable to the Board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or

(b) In lieu of such a bond, establish with the Board a cash deposit as provided in this section.

1. Before granting renewal of a contractor’s license to any applicant, the Board shall require that the applicant file with the Board satisfactory evidence that the applicant’s surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.

2. Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the Board to deny, revoke, suspend or refuse to renew a license.

3. Except as otherwise provided in subsection 6, the amount of each bond or cash deposit required by this section must be fixed by the Board with reference to the contractor’s financial and professional responsibility and the magnitude of the contractor’s operations, but must be not less than $1,000 or more than $500,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. A bond required by this section must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency. The Board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the Board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.2545 or 624.291 . Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the Board after termination of the license, whichever occurs later, if there is no outstanding claim against it.

4. After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the Board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the Board. The Board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4:

(a) If evidence is presented to the Board supporting this requirement;

(b) Pursuant to subsection 6, after notification of a final written decision by the Labor Commissioner; or

(c) Pursuant to subsection 7.

Ê If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.

1. If the Board is notified by the Labor Commissioner pursuant to NRS 607.165 or otherwise receives notification that three substantiated claims for wages have been filed against a contractor within a 2-year period, the Board shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the Board. The contractor shall maintain the bond or cash deposit for the period required by the Board.

2. If a contractor who performs work concerning a residential pool or spa or work concerning a residential photovoltaic system used to produce electricity:

(a) Is determined by the Board to have violated one or more of the provisions of NRS 624.301

to 624.305 , inclusive;

(b) Enters into a contract that is later found to be void and unenforceable against the owner pursuant to subsection 5 of NRS 624.940 or pursuant to any regulation adopted by the Board with respect to contracts for work concerning a residential pool or spa;

(c) Enters into a contract on or after October 1, 2021, that is later voided by the owner of the single-family residence pursuant to subsection 6 of NRS 624.875 or pursuant to any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity; or

(d) Has five valid complaints filed against him or her with the Board within any 15-day period,

Ê the Board may require the contractor to comply with the provisions of subsection 8.

1. If the Board requires a contractor described in subsection 7 to comply with the provisions of this subsection, the contractor shall, before commencing work concerning a residential pool or spa or work concerning a residential photovoltaic system used to produce electricity, obtain:

(a) Except as otherwise provided in this subsection, a performance bond in an amount equal to not less than 50 percent of the amount of the contract, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions set forth in the contract. The performance bond must be solely for the protection of the owner of the property to be improved.

(b) Except as otherwise provided in this subsection, a payment bond in an amount equal to not less than 50 percent of the amount of the contract. The payment bond must be solely for the protection of persons supplying labor or materials to the contractor, or to any of his or her subcontractors, in carrying out the provisions of the contract.

Ê A bond required pursuant to this subsection must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency. The contractor shall maintain the bond for the period required by the Board. The contractor shall furnish to the building department of the city or county, as applicable, in which the work will be carried out, a copy of any bond. In lieu of a performance or payment bond, the contractor may obtain an equivalent form of security approved by the Board.

1. As used in this section, “substantiated claim for wages” has the meaning ascribed to it in NRS 607.165 .

[6:Art. IV:186:1941; added 1951, 365 ]—(NRS A 1959, 868 ; 1963, 695 ; 1965, 349 ; 1971, 180 ; 1975, 1160 ; 1983, 318 ; 1985, 1057 ; 1987, 1139 ; 1997, 1513 , 2688 ;

1999, 596 ; 2001, 2413 , 2981 ;

2003, 2142 ; 2005, 2383 ; 2021, 1058 )

NRS 624.3016

NRS

624.3016

Fraudulent or deceitful acts or omissions; criminal conviction; improper acts involving liens; improper acts involving residential pools and spas, residential photovoltaic systems used to produce electricity or residential improvements; failure to make required disclosure; failure to pay assessment; improper acts involving contract for public work; failure to notify Board of certain information; failure to provide or respond to claim made under builder’s warranty.

The following acts or omissions, among others, constitute cause for disciplinary action under

NRS 624.300 :

1. Any fraudulent or deceitful act committed in the capacity of a contractor, including, without limitation, misrepresentation or the omission of a material fact.

2. A conviction of a violation of NRS 624.730 , or a conviction in this State or any other jurisdiction of a felony relating to the practice of a contractor or a crime involving moral turpitude.

3. Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226 .

4. Failure to give a notice required by NRS 108.227 , 108.245 , 108.246

or 624.520 .

1. Failure to comply with:

(a) NRS 624.920 , 624.930 , 624.935 or 624.940 or any regulations of the Board governing contracts for work concerning residential pools and spas.

(b) NRS 624.860 to 624.875 , inclusive, or any regulations of the Board governing contracts for work concerning residential photovoltaic systems used to produce electricity.

(c) NRS 624.970 or any regulations of the Board governing contracts for work concerning a residential improvement.

1. Failure to comply with NRS 624.600 .

2. Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.

3. Failure to pay an assessment required pursuant to NRS 624.470 .

4. Failure to file a certified payroll report that is required for a contract for a public work.

5. Knowingly submitting false information in an application for qualification or a certified payroll report that is required for a contract for a public work.

6. Failure to notify the Board of a conviction or entry of a plea of guilty, guilty but mentally ill or nolo contendere pursuant to NRS 624.266 .

7. Failure to provide a builder’s warranty as required by NRS 624.602 or to respond reasonably to a claim made under a builder’s warranty.

8. The making, or the causing to be made, of a false or misleading statement or representation, or the omission of a material fact, by a licensee who is a natural person, an owner of a licensee, a managing officer of a licensee or any person who qualifies on behalf of a licensee pursuant to subsection 2 of NRS 624.260 in connection with the application of another person for a contractor’s license for the purpose of assisting the applicant to obtain the license.

(Added to NRS by 1969, 942 ; A 1983, 510 ; 1997, 2690 ; 1999, 1972 , 2965 ,

2967 ;

2001, 141 ; 2003, 2144 , 2618 ,

2704 ;

2005, 1207 , 2387 ;

2011, 1883 ; 2019, 2284 ; 2021, 1060 ; 2023, 66 , 1049 )

NRS 624.3017

NRS

624.3017

Substandard workmanship; incomplete advertising; advertising projects beyond scope of license.

The following acts, among others, constitute cause for disciplinary action under NRS 624.300 :

1. Workmanship which is not commensurate with standards of the trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship must meet the standards prescribed in the Uniform Plumbing Code , National Electrical Code , International Building Code or International Residential Code in the form of the code most recently approved by the Board. The Board shall review each edition of the Uniform Plumbing Code , National Electrical Code , International Building Code or International Residential Code that is published after the 1996 edition to ensure its suitability. Each new edition of the code shall be deemed approved by the Board unless the edition is disapproved by the Board within 60 days of the publication of the code.

2. Advertising projects of construction without including in the advertisements the name and license number of the licensed contractor who is responsible for the construction.

3. Advertising projects of construction beyond the scope of the license.

(Added to NRS by 1969, 942 ; A 1985, 375 , 1053 ;

1987, 217 ; 1997, 2691 ; 1999, 2856 ; 2015, 2008 )

NRS 624.602

NRS

624.602

Required disclosure and provision of builder’s warranty to purchaser by licensee who completes construction of new, single-family residence.

1. A licensee who completes construction of a new, single-family residence shall provide to the purchaser of the residence:

(a) A separate, single-page disclosure describing the rights of the purchaser under this chapter, including, without limitation, the right to file a complaint pursuant to NRS 624.480 seeking recovery from the account established pursuant to NRS 624.470 ; and

(b) A builder’s warranty that meets the requirements of this section.

1. A builder’s warranty provided by a licensee pursuant to this section must:

(a) Be in writing.

(b) Be valid for a period of at least 1 year from the date of completion of a written punch list. As used in this paragraph, “punch list” means a list of any materials or work describing incomplete or incorrect installations or incidental damage to existing finishes, material and structures that do not conform to the specifications of the contract or the requirements of subsection 1 of NRS 624.3017 .

(c) Contain terms that include, without limitation, warrantying all home systems, workmanship, materials, plumbing, electrical and mechanical systems, appliances installed by contractors, fixtures, equipment and structural components, unless a separate warranty is provided by the manufacturer or installer of such a product, component or system.

(d) Be transferable to a subsequent purchaser of the residence.

(e) Not be deemed, construed or interpreted to constitute a waiver or release of any other warranty from the licensee provided by contract or otherwise available under the laws of this State.

(Added to NRS by 2019, 2283 )

NRS 624.800

NRS

624.800

Statute of limitations for certain violations.

For any violation of the provisions of NRS 624.005 to 624.750 , inclusive, that is punishable as a misdemeanor, an indictment must be found, or an information or complaint filed, within 2 years after the commission of the offense.

(Added to NRS by 2005, 1200 )

RESIDENTIAL PHOTOVOLTAIC SYSTEMS USED TO PRODUCE ELECTRICITY

NRS 624.835

NRS

624.835

“Contract” defined.

“Contract” means any contract or agreement as described in NRS 598.9801 to 598.9822 , inclusive, in which a contractor agrees to perform work concerning a residential photovoltaic system used to produce electricity.

(Added to NRS by 2021, 1052 )

NRS 624.855

NRS

624.855

“Work concerning a residential photovoltaic system used to produce electricity” and “work” defined.

1. “Work concerning a residential photovoltaic system used to produce electricity” or “work” means any of the following acts:

(a) The construction, repair, maintenance, restoration, alteration or improvement of any photovoltaic system used to produce or store electricity on the customer’s side of an electric meter on a single-family residence, including, without limitation, the repair or replacement of existing equipment or the installation of new equipment, as necessary; or

(b) Any activity for the supervision concerning such work.

1. The scope of such work includes the installation, alteration and repair of photovoltaic cells, batteries, inverters and storage systems used in the conversion of solar energy into electricity and the storage of that electricity on the customer’s side of an electric meter on a single-family residence.

2. The term does not include:

(a) Education regarding solar photovoltaics;

(b) Energy audits; or

(c) The advertising or solicitation of such work.

(Added to NRS by 2021, 1053 )

NRS 624.860

NRS

624.860

License or employment by licensee required to perform, provide proposal or bid or execute contract to perform work concerning residential photovoltaic system used to produce electricity.

A person shall not, directly or indirectly perform or offer to perform, provide any proposal or bid for or execute a contract to perform any work concerning a residential photovoltaic system used to produce electricity unless the person:

1. Holds a license issued pursuant to this chapter which authorizes the person to perform work concerning a residential photovoltaic system used to produce electricity; or

2. Is an employee of a person described in subsection 1.

(Added to NRS by 2021, 1053 ; A 2023, 1123 )

NRS 624.865

NRS

624.865

Contractor required to obtain permits and meet certain requirements; certain owner-builders required to submit information regarding bonds and insurance; license or other authorization required to perform certain acts for owner-builder.

1. Any contractor who performs work concerning a residential photovoltaic system used to produce electricity shall, regardless of whether the work is performed under the direction of a builder who is also the owner of the single-family residence on which the work is being performed:

(a) Apply for and obtain all applicable permits for the work;

(b) Meet all applicable requirements imposed pursuant to this chapter and any regulations adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity; and

(c) Meet all applicable requirements imposed by the Public Utilities Commission of Nevada or any system for the distribution of electricity to which the work will interconnect.

1. If a contractor performs work concerning a residential photovoltaic system used to produce electricity and the work is performed under the direction of a builder who is also the owner of the single-family residence on which the work is being performed, the owner shall comply with all state and local laws and ordinances for the submission of names, licenses and information concerning any required bonds and insurance with respect to the contractors working on the work.

2. If work concerning a residential photovoltaic system used to produce electricity is performed under the direction of a builder who is exempt from having to obtain a license as a contractor because the builder is also the owner of the single-family residence on which the work is being performed, a person shall not, directly or indirectly, perform or offer to perform any act as a consultant, adviser, assistant or aide to the builder for the purposes of the project, including, without limitation, any act associated with obtaining permits for the project, or otherwise hold himself or herself out as being able to perform such acts, unless the person holds:

(a) A license issued pursuant to this chapter which authorizes the person to perform such acts; or

(b) Any other license, certificate, registration or permit under state law which authorizes the person to perform such acts.

(Added to NRS by 2021, 1053 )

NRS 624.870

NRS

624.870

Duties of contractor regarding commencement, performance and completion of work; contract required to contain written explanation of rights of customer; conditions for final payment.

1. A contractor who receives an initial down payment or deposit of $1,000 or 10 percent of the aggregate contract price, whichever is less, for work concerning a residential photovoltaic system used to produce electricity shall start the work within 30 days after the date all necessary permits for the work and all necessary approvals from an electric utility into whose system the residential photovoltaic system used to produce electricity will interconnect, if any, are issued, unless the person who made the payment agrees in writing to a longer period.

2. A contractor who receives money for work concerning a residential photovoltaic system used to produce electricity shall complete the work diligently and shall not refuse to perform any work agreed to in the contract for any 30-day period.

3. Except as otherwise provided in subsection 4, if satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish to the owner of the single-family residence on which the work was performed a full and unconditional release of the contractor’s claim for a mechanic’s lien for that portion of the work for which payment has been made.

4. The requirements of subsection 3 do not apply if the contract for the work provides for the contractor to furnish a bond for payment and performance or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.

5. A contract for work concerning a residential photovoltaic system used to produce electricity must contain a written statement explaining the rights of the customer under NRS 624.830 to 624.895 , inclusive, and other relevant statutes, including, without limitation, NRS 598.9801 to 598.9822 , inclusive.

6. A contractor may require final payment for the final stage or phase of the construction of a residential photovoltaic system used to produce electricity after the system is deemed complete and any required inspections are completed.

(Added to NRS by 2021, 1054 )

NRS 624.875

NRS

624.875

Mandatory elements and required information in contracts; contractor required to furnish copy of signed documents and receipt for money paid; certain contracts void; contractor required to apply for and obtain necessary permits and approvals from electric utility; regulations.

1. The Board may adopt by regulation mandatory elements to be included in all contracts to be used by contractors for work concerning a residential photovoltaic system used to produce electricity. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2021, any contract entered into between a contractor and the owner of a single-family residence for work concerning a residential photovoltaic system used to produce electricity must comply with the provisions of NRS 624.830

to 624.895 , inclusive, and all applicable regulations adopted by the Board. A contract that does not comply with the provisions of NRS 624.830 to 624.895 , inclusive, and all applicable regulations adopted by the Board is voidable by the owner of the single-family residence.

1. Any contract for work concerning a residential photovoltaic system used to produce electricity must contain in writing at least the following information:

(a) The name of the contractor, his or her address and contractor’s license number and the monetary limit on that license.

(b) The name and mailing address of the owner of the single-family residence on which the work is being performed and the address or legal description of the property.

(c) The date of execution of the contract.

(d) The estimated date of completion of all work to be performed under the contract.

(e) A description of the work to be performed under the contract.

(f) The total amount to be paid to the contractor by the owner of the single-family residence for all work to be performed under the contract, including all applicable taxes.

(g) The amount, not to exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, of any initial down payment or deposit paid or promised to be paid to the contractor by the owner before the start of construction.

(h) A statement that the contractor has provided the owner of the single-family residence with the notice and informational form required by NRS 624.600 .

(i) A statement that any change in the scope or price of the work to be performed under the contract must be agreed to in writing by the parties and incorporated into the original contract as a change order. A change order is not enforceable against the owner of the single-family residence who is contracting for work concerning a residential photovoltaic system used to produce electricity unless the change order sets forth all changes in the scope and price of the work and is accepted by the owner of the single-family residence.

(j) For a project of new work concerning a residential photovoltaic system used to produce electricity, a plan and scale drawing showing the shape, size and dimensions of and the specifications for the construction and equipment for the work specified in the contract, and a description of the work to be done, the materials to be used and the equipment to be installed, and the agreed consideration for the work. For projects which consist exclusively of repairs to existing work concerning a residential photovoltaic system used to produce electricity, plans, scale drawings, equipment specifications and lists of materials and equipment are not required to be contained in or included with the contract.

(k) Except as otherwise provided in this subsection and subsection 3, the dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments from the owner of the single-family residence during the course of construction under a contract for the installation of a residential photovoltaic system used to produce electricity. The schedule of payments must show the amount of each payment as a sum in dollars and cents. The schedule of payments must not provide for the contractor to receive, nor may the contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment or deposit. With respect to a contract executed before October 1, 2021, if any schedule of payments set forth in the contract does not comply with the provisions of this chapter or any regulations adopted pursuant thereto:

(1) The obligation of the owner of the single-family residence to make payments in accordance with the payment schedule is voidable; and

(2) The lender, if any, may not initiate proceedings to enforce the payment of any applicable loan unless and until the contract is reformed or otherwise amended to comply with those provisions of law.

(l) If a contract with the owner of a single-family residence for the installation of a residential photovoltaic system used to produce electricity provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with the provisions of paragraph (k).

(m) A disclosure of the retail price of a kilowatt-hour, any offsetting tariff and the identity of the electric utility that furnishes electric service to the single-family residence at the time the contract is executed.

Ê Except as otherwise provided in subsection 6, the contract may contain such other conditions, stipulations or provisions as to which the parties may agree.

1. The provisions of paragraph (k) of subsection 2 do not apply if:

(a) The contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project;

(b) The contractor builds a residential photovoltaic system used to produce electricity as part of the original building plan pursuant to which the contractor builds a single-family residence on the premises; or

(c) The owner of the single-family residence has:

(1) Purchased the residential photovoltaic system used to produce electricity pursuant to a power purchase agreement as defined in NRS 598.9807 ; or

(2) Leased the residential photovoltaic system used to produce electricity pursuant to a monthly lease contract.

1. The contract must contain:

(a) A method whereby the owner of the single-family residence may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.

(b) In close proximity to the signatures of the owner of the single-family residence and the contractor, a notice stating that the owner of the single-family residence:

(1) May contact the Board or the Public Utilities Commission of Nevada if assistance is needed to clarify any of the provisions of the contract that the owner of the single-family residence does not fully understand;

(2) Has the right to request a bond for payment and performance if such a bond is not otherwise required pursuant to NRS 624.270 ;

(3) May contact an attorney for an explanation of the rights of the owner of the single-family residence under the contract; and

(4) May, if the contract was explained in a language other than the language in which the contract is written, ask for a contract that is written in the language in which the contract was explained.

1. At the time the owner of the single-family residence signs the contract, the contractor shall furnish to the owner of the single-family residence a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner of the single-family residence. All written information provided in the contract must be printed in at least 10-point type. The contract, receipt and other documents referenced in this subsection may be delivered by electronic means.

2. A condition, stipulation or provision in a contract that requires a person to waive any right provided by this chapter or any regulations adopted pursuant thereto or relieves a person of an obligation or liability imposed by this chapter or those regulations is void. Failure to comply with the requirements of this section renders a contract voidable by the owner of the single-family residence.

3. The contractor shall apply for and obtain all necessary permits and approvals from an electric utility into whose system the residential photovoltaic system used to produce electricity will interconnect.

(Added to NRS by 2021, 1054 )

NRS 624.880

NRS

624.880

Advertisements and solicitations for work: Requirements; prohibited practices; standards for advertisements; regulations.

1. Advertisements and solicitations for work concerning a residential photovoltaic system used to produce electricity must be truthful and not materially misleading.

2. A person who makes an advertisement or solicitation for work concerning a residential photovoltaic system used to produce electricity shall not expressly or implicitly state that the person will perform the work, enter into a contract, express or implied, to perform the work or act as a contractor to perform the work unless the person holds:

(a) A license issued pursuant to this chapter which authorizes the person to perform the work; or

(b) Any other license, certificate, registration or permit under state law which authorizes the person to perform the work,

Ê as provided pursuant to NRS 624.860 .

1. A contractor shall not cause to be published or display any advertisement that does not comply with the standards adopted by the Board pursuant to subsection 4.

2. The Board shall adopt by regulation standards for advertisements used by contractors in connection with the solicitation or sale of contracts for work concerning residential photovoltaic systems used to produce electricity.

(Added to NRS by 2021, 1057 )

NRS 624.885

NRS

624.885

Limitations on certain lending and financial practices.

1. A contract for work concerning a residential photovoltaic system used to produce electricity is not enforceable against the owner of a single-family residence on which the work is being performed if the obtaining of a loan for all or a portion of the contract price is a condition precedent to the contract unless both of the following requirements are satisfied:

(a) The owner of the single-family residence agrees to accept the loan or financing.

(b) The owner of the single-family residence does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.

1. Unless and until all applicable requirements of subsection 1 are satisfied, a contractor shall not:

(a) Perform or deliver any work, labor, material or services; or

(b) Represent in any manner that the contract is enforceable or that the owner of the single-family residence has any obligation under the contract.

(Added to NRS by 2021, 1057 )

NRS 624.890

NRS

624.890

Contractor who commits certain violations may be required to obtain services of construction control.

1. If a contractor who performs work concerning a residential photovoltaic system used to produce electricity is determined by the Board to have violated:

(a) One or more of the provisions of NRS 624.301 to 624.305 , inclusive, 624.860 , 624.870

or 624.875 ; or

(b) Any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity,

Ê the Board may require that the contractor obtain the services of a construction control for each contract that the contractor enters into for work concerning a residential photovoltaic system used to produce electricity.

1. The contractor may not:

(a) Be related to the construction control or to an employee or agent of the construction control; or

(b) Hold, directly or indirectly, a financial interest in the business of the construction control.

1. As used in this section, “construction control” has the meaning ascribed to it in NRS 627.050 .

(Added to NRS by 2021, 1058 )

NRS 624.895

NRS

624.895

Grounds for disciplinary action; unlawful acts; penalties.

1. A violation of any provision of NRS 624.830 to 624.895 , inclusive, or any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity by a contractor:

(a) Constitutes cause for disciplinary action pursuant to NRS 624.300 ; and

(b) May be reported to the Office of the Attorney General as a potential deceptive trade practice pursuant to chapter 598 of NRS.

1. It is unlawful for a person to violate any provision of NRS 624.830 to 624.895 , inclusive.

2. Any person who violates any provision of NRS 624.830 to 624.895 , inclusive, shall be penalized pursuant to the applicable provisions of NRS 624.700 and 624.750 .

3. The imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305 , inclusive.

(Added to NRS by 2021, 1058 )

RESIDENTIAL SWIMMING POOLS AND SPAS

NRS 624.970

NRS

624.970

Mandatory elements and required information in contracts; contractor required to furnish copy of signed documents and receipt for money paid; certain contracts void; contractor required to apply for and obtain necessary permits; regulations.

1. The Board may adopt by regulation mandatory elements to be included in all contracts to be used by residential contractors for work concerning a residential improvement. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2023, any contract entered into between a residential contractor and the owner of a single-family residence who occupies the single-family residence for work concerning a residential improvement must comply with the provisions of this section and all applicable regulations adopted by the Board. A contract that does not comply with the provisions of:

(a) Subsection 2, other than the provisions of paragraph (g) of subsection 2, and all applicable regulations adopted by the Board may be modified by the owner of the single-family residence to bring the contract into compliance with those provisions and regulations. Any modification of a contract made pursuant to this paragraph is enforceable against the residential contractor if the modification is reasonable.

(b) Paragraph (g) of subsection 2 is voidable by the owner of the single-family residence.

1. Any contract for work concerning a residential improvement must contain in writing at least the following information:

(a) The name of the residential contractor, his or her address and contractor’s license number and the monetary limit on that license.

(b) The name and mailing address of the owner of the single-family residence on which the work is being performed and the address or legal description of the property.

(c) The date of execution of the contract.

(d) The estimated date of completion of all work to be performed under the contract.

(e) A description of the work to be performed under the contract.

(f) The total amount to be paid to the residential contractor by the owner for all work to be performed under the contract, including all applicable taxes.

(g) The amount, not to exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, of any initial down payment or deposit paid or promised to be paid to the residential contractor by the owner before the start of the work. The provisions of this paragraph do not apply if the residential contractor has filed with the Board a bond solely for the protection of consumers in the amount of $100,000 or has been granted relief by the Board pursuant to subsection 5 of NRS 624.270 .

(h) A statement that the residential contractor has provided the owner with the notice and informational form required by NRS 624.520 and 624.600 .

(i) A statement that any change in the scope or price of the work to be performed under the contract must be agreed to in writing by the parties and incorporated into the original contract as a change order. A change order is not enforceable against the owner who is contracting for work concerning a residential improvement unless the change order sets forth all changes in the scope and price of the work and is accepted by the owner.

(j) For a project of new work concerning a residential improvement, a plan and scale drawing showing the shape, size and dimensions of and the specifications for the construction and equipment for the work specified in the contract, and a description of the work to be done, the materials to be used and the equipment to be installed, and the agreed consideration for the work. For projects which consist exclusively of repairs to existing work concerning a residential improvement, plans, scale drawings, equipment specifications and lists of materials and equipment are not required to be contained in or included with the contract.

(k) Except as otherwise provided in this subsection, the dollar amount of any progress payment and the stage of construction at which the residential contractor will be entitled to collect progress payments from the owner during the course of construction under a contract for work concerning a residential improvement. The schedule of payments must show the amount of each payment as a sum in dollars and cents. The schedule of payments must not provide for the residential contractor to receive, nor may the residential contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment or deposit. The provisions of this paragraph do not apply if the residential contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project.

(l) If the contract provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the residential contractor by the disbursing party in accordance with the provisions of paragraph (k).

Ê Except as otherwise provided in subsection 5, the contract may contain such other conditions, stipulations or provisions to which the parties may agree.

1. The contract must contain:

(a) A method whereby the owner may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.

(b) In close proximity to the signatures of the owner and the residential contractor, a notice stating that the owner:

(1) May contact the Board if assistance is needed to clarify any of the provisions of the contract that the owner does not fully understand;

(2) Has the right to request a bond for payment and performance if such a bond is not otherwise required pursuant to NRS 624.270 ;

(3) May contact an attorney for an explanation of the rights of the owner under the contract; and

(4) May, if the contract was explained in a language other than the language in which the contract is written, ask for a contract that is written in the language in which the contract was explained.

1. At the time the owner signs the contract, the residential contractor shall furnish to the owner a legible copy of all documents signed and a written and signed receipt for any money paid to the residential contractor by the owner. All written information provided in the contract must be printed in at least 10-point bold type. The contract, receipt and other documents referenced in this subsection may be delivered by electronic means.

2. A condition, stipulation or provision in a contract that requires a person to waive any right provided by this chapter or any regulations adopted pursuant thereto or that relieves a person of an obligation or liability imposed by this chapter or those regulations is void.

3. The residential contractor shall apply for and obtain all necessary permits.

4. As used in this section:

(a) “Contract” means any contract or agreement in which a residential contractor agrees to perform work concerning a residential improvement.

(b) “Residential contractor” means a contractor who is licensed pursuant to this chapter and who contracts with the owner of a single-family residence to perform work concerning a residential improvement.

(c) “Single-family residence” has the meaning ascribed to it in NRS 624.455 .

(d) “Work concerning a residential improvement” or “work” means any construction, remodeling, repair or improvement performed by a residential contractor to a completed, single-family residence or any activity for the supervision concerning such work. The term does not include work concerning a residential photovoltaic system used to produce electricity, as defined in NRS 624.855 , or work concerning a residential pool or spa, as defined in NRS 624.915 .

(Added to NRS by 2023, 1047 )

NRS 627.030

NRS

627.030

“Categories of disbursements” defined.

“Categories of disbursements” means categories of construction funds to be disbursed in payment of work, labor and material bills due for construction, repair, alteration or improvement of premises. Such categories shall be in writing and include but not be limited to structural masonry, masonry veneer, plumbing, electrical work, carpentry, reinforcing steel, structural steel, earthwork, heating and ventilating and air-conditioning, glass and glazing, lath and plaster or sheetrock, insulation and soundproofing, finish flooring, painting and decorating, concrete or asphalt paving, and shall provide for the complete, full and final disbursement of all of the construction funds.

(Added to NRS by 1965, 1179 )

NRS 63.130

NRS

63.130

Superintendent: Housing and other perquisites.

1. If a residence is available on the grounds of or near a facility, the superintendent of the facility shall reside at the residence, as provided for in this section.

2. In addition to the superintendent’s salary, the superintendent of a facility is entitled to:

(a) The use of a residence on the grounds of or near the facility, if such a residence is available, which must be maintained by the State of Nevada.

(b) Heat, electricity and water for the residence.

(c) The use of any appliances and furnishings for the residence which are reasonably necessary, as determined by the Administrator of the Division of Child and Family Services.

(d) Meals at the facility without charge when supervising personnel or children.

1. The superintendent of a facility shall not receive any perquisites except those provided for in this section.

(Added to NRS by 2003, 1096 )

NRS 634.035

NRS

634.035

Regulations establishing qualifications to perform dry needling.

1. The Board shall adopt regulations establishing the qualifications a chiropractic physician must obtain before he or she is authorized to perform dry needling. The qualifications adopted by regulation pursuant to this section must include, without limitation, the successful completion of didactic education and training in dry needling.

2. As used in this section, “dry needling”:

(a) Means an advanced needling skill or technique limited to the treatment of myofascial pain, using a single-use, single-insertion, sterile needle, without the use of heat, cold or any other added modality or medication, which is inserted into the skin or underlying tissue to stimulate a trigger point.

(b) Does not include:

(1) The stimulation of an auricular point;

(2) Utilization of a distal point or nonlocal point;

(3) Needle retention;

(4) Application of a retained electrical stimulation lead; or

(5) The teaching or application of other acupuncture theory.

(Added to NRS by 2019, 2287 )

NRS 635.085

NRS

635.085

Authorized and unauthorized activities of licensed podiatric physician.

1. Except as otherwise provided in subsection 2, a podiatric physician licensed by the Board may:

(a) Administer electricity to the foot or leg by means including electrodes, machinery and rays.

(b) Use his or her hands and machinery to work upon the foot or leg and its articulations.

(c) Apply any mechanical appliance to the foot or leg or in the shoe to treat any disease, deformity or ailment.

(d) Apply pads, adhesives, felt, plasters and any medicine to the foot and leg.

(e) Prescribe and dispense controlled substances and dangerous drugs.

(f) Construct models of the feet.

(g) Administer a local anesthetic.

(h) Use any cutting instrument to treat a disease, ailment or condition.

(i) Treat the effects of a systemic disease upon the foot or leg.

(j) Amputate a toe if the podiatric physician:

(1) Performs the amputation in a hospital as defined in NRS 449.012 or a surgical center for ambulatory patients as defined in NRS 449.019 ;

(2) Is authorized by the hospital or surgical center to perform the amputation;

(3) Has completed a program of surgical training as a resident and provides proof satisfactory to the hospital or surgical center of completion of the program;

(4) Complies with any other requirements established by the hospital or surgical center; and

(5) Performs the amputation in accordance with the standard of care required for a physician licensed pursuant to chapter 630 , 630A

or 633 of NRS.

1. A podiatric physician shall not:

(a) Treat any other effect of a systemic disease unless the disease originates in the foot or leg.

(b) Amputate a leg or foot.

(Added to NRS by 1983, 377 ; A 1985, 494 ; 1993, 2221 ; 2001, 1829 )

NRS 640.024

NRS

640.024

“Practice of physical therapy” defined.

“Practice of physical therapy”:

1. Includes:

(a) The performing and interpreting of tests and measurements as an aid to evaluation or treatment;

(b) The planning of initial and subsequent programs of treatment on the basis of the results of tests;

(c) The administering of treatment through the use of therapeutic exercise and massage, the mobilization of joints by the use of therapeutic exercise without chiropractic adjustment, mechanical devices, and therapeutic agents which employ the properties of air, water, electricity, sound and radiant energy; and

(d) The performance of dry needling, if a physical therapist is qualified to do so pursuant to the regulations adopted in accordance with subsection 3 of NRS 640.050 .

1. Does not include:

(a) The diagnosis of physical disabilities;

(b) The use of roentgenic rays or radium;

(c) The use of electricity for cauterization or surgery; or

(d) The occupation of a masseur who massages only the superficial soft tissues of the body.

(Added to NRS by 1981, 931 ; A 1985, 1411 ; 1993, 2543 ; 2019, 1586 )

NRS 646.006

NRS

646.006

“Motor vehicle” defined.

“Motor vehicle” means any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property. The term does not include electric personal assistive mobility devices as defined in NRS 482.029 .

(Added to NRS by 1997, 2545 ; A 2003, 1207 )

NRS 647.017

NRS

647.017

“Scrap metal” defined.

1. “Scrap metal” means nonferrous metals, scrap iron, stainless steel or other material or equipment which consists in whole or in part of metal and which is used in construction, agricultural operations, electrical power generation, transmission or distribution, cable, broadband or telecommunications transmission, railroad equipment, oil well rigs or any lights maintained by the State or a local government, including, without limitation, street lights, traffic-control devices, park lights or ballpark lights.

2. The term does not include waste generated by a household, aluminum beverage containers, used construction scrap iron, materials consisting of a metal product in its original manufactured form which contains not more than 20 percent by weight nonferrous metal or used catalytic converters.

(Added to NRS by 2009, 1239 ; A 2023, 626 )

NRS 647.0191

NRS

647.0191

Prohibition against junk dealer or secondhand dealer buying and selling motor vehicle to same person.

1. A junk dealer or secondhand dealer may not, as part of his or her business as a junk dealer or secondhand dealer, buy a motor vehicle from a person and sell the motor vehicle to the same person.

2. As used in this section, “motor vehicle” means any self-propelled vehicle that is used upon a highway, but not operated on rails, for the purpose of transporting persons or property. The term does not include electric personal assistive mobility devices as defined in NRS 482.029 .

(Added to NRS by 1997, 2548 ; A 2003, 1207 )

NRS 647.145

NRS

647.145

Criminal receipt of junk or scrap metal; penalty.

1. Any person, including, but not limited to, any junk dealer, scrap metal processor or secondhand dealer, or any agent, employee or representative of a junk dealer, scrap metal processor or secondhand dealer, who buys or receives any junk or scrap metal which he or she knows or should reasonably know is ordinarily used by and belongs to a cable, broadband, telecommunications, telephone, telegraph, gas, water, electric or transportation company or county, city or other political subdivision of this State engaged in furnishing utility service, and who fails to use ordinary care in determining whether the person selling or delivering such junk or scrap metal has a legal right to do so, is guilty of criminally receiving such property.

2. A person convicted of criminally receiving junk or scrap metal is guilty of a category D felony and shall be punished as provided in NRS 193.130 .

(Added to NRS by 1971, 930 ; A 1991, 788 ; 1995, 1314 ; 2009, 1241 )

NRS 652.130

NRS

652.130

Regulations: Qualifications of laboratory directors and personnel; location, construction, sanitary conditions and equipment of laboratories; test results; restrictions.

1. Except as otherwise provided in NRS 652.127 , the Board, with the advice of the Medical Laboratory Advisory Committee, may prescribe and publish rules and regulations relating to:

(a) The education, training and experience qualifications of laboratory directors and technical personnel.

(b) The location and construction of laboratories, including plumbing, heating, lighting, ventilation, electrical services and similar conditions, to ensure the conduct and operation of the laboratory in a manner which will protect the public health.

(c) Sanitary conditions within the laboratory and its surroundings, including the water supply, sewage, the handling of specimens and matters of general hygiene, to ensure the protection of the public health.

(d) The equipment essential to the proper conduct and operation of a laboratory.

(e) The determination of the accuracy of test results produced by a laboratory and the establishment of minimum qualifications therefor.

1. Any regulations adopted by the Board pursuant to this section must not require that the laboratory director of a laboratory in which the only test performed is a test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations:

(a) Be a licensed physician; or

(b) Perform duties other than those prescribed in

NRS 652.180 .

1. Any regulations adopted by the Board pursuant to this section that require the laboratory director of a laboratory in which the only tests performed are tests that are classified as waived tests pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations to be a licensed physician must include a licensed optometrist among the types of licensed physicians who are qualified to serve as a laboratory director of such a laboratory.

(Added to NRS by 1967, 927 ; A 1999, 173 ; 2015, 849 ; 2023, 1462 )

NRS 701.010

NRS

701.010

Legislative findings; state 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) The State and the public have an interest in encouraging public utilities to promote and take actions toward energy conservation.

(e) 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.

(f) 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.

(g) 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.

(h) Prevention of delays and interruptions in providing energy, protecting environmental values and conserving energy require expanded authority and capability within State Government.

1. 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.

2. 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 ; 2007, 2973 )

NRS 701.055

NRS

701.055

“Energy development project” defined.

“Energy development project” means a project for the generation, transmission and development of energy located on public or private land. The term includes, without limitation:

1. A utility facility, as defined in NRS 704.860 , constructed on private land; and

2. Electric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS 704.7715 , as their primary source of energy to generate electricity.

(Added to NRS by 2011, 2547 ; A 2019, 8 )

NRS 701.080

NRS

701.080

“Renewable energy generation project” defined.

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 )

GENERAL ADMINISTRATION OF ENERGY POLICY

Organization of Office of Energy

NRS 701.190

NRS

701.190

Preparation of comprehensive state energy plan.

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;

(c) The use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy; and

(d) A program for the safe disposal and recycling of electronic waste, electrical equipment and other waste, including, without limitation, a program for the safe disposal and recycling of compact fluorescent light bulbs.

1. 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;

(3) The use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy; and

(4) The recycling of electronic waste, electrical equipment and other waste, including, without limitation, a program for the safe disposal and recycling of compact fluorescent light bulbs.

(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) The promotion of the development in this State of a curriculum for a program of renewable energy education and recycling education in kindergarten through grade 12.

(g) The promotion of the development by institutions of higher education in this State of research and educational programs relating to renewable energy.

(h) Oversight and accountability with respect to all programs and activities described in this subsection.

(i) Any other matter that the Director 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 ; 2009, 1373 ; 2011, 2058 )

NRS 701.220

NRS

701.220

Adoption of regulations for energy conservation in buildings; exemptions; applicability and enforcement; certain design professionals not subject to disciplinary action under certain circumstances; procedures for adoption.

1. The Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes. Except as otherwise provided in subsection 5, 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.

1. The Director may exempt a building from a standard if the Director determines that application of the standard to the building would not accomplish the purpose of the regulations.

2. 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.

3. The standards adopted by the Director are the minimum standards for the conservation of energy and energy efficiency in buildings in this State. The governing body of a local government that is authorized by law to adopt and enforce a building code:

(a) Except as otherwise provided in paragraph (b), shall incorporate the standards adopted by the Director in its building code;

(b) Except as otherwise provided in subsection 5, may adopt higher or more stringent standards and must report any such higher or more stringent standards, along with supporting documents, to the Director; and

(c) Shall enforce the standards adopted.

1. The Director or the governing body of a local government shall not adopt a standard which mandates a requirement for air changes per hour that is outside the following ranges:

(a) Less than 4 1/2 or more than 7 air changes per hour for an attached residence or any residence for which fire sprinklers are installed; or

(b) Less than 4 or more than 7 air changes per hour for any residence other than a residence described in paragraph (a).

1. A design professional who complies with the standards adopted by the Director or the governing body of a local government pursuant to this section is not subject to disciplinary action by the State Board of Architecture, Interior Design and Residential Design pursuant to paragraph (f) of subsection 1 of NRS 623.270 or the State Board of Professional Engineers and Land Surveyors pursuant to NRS 625.410 .

2. Nothing in this section shall be deemed to prohibit the Director or the governing body of a local government from approving and implementing a program for the purpose of increasing energy efficiency in new residential construction through the use of sample inspections.

3. 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 the Director may adopt any regulations pursuant to this section.

1. As used in this section, “design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623 or 625 of NRS.

(Added to NRS by 1985, 1794 ; A 2001, 1251 , 3266 ;

2003, 32 ; 2005, 22nd Special Session, 76 ; 2009, 986 , 1375 ;

2011, 2059 ; 2015, 2147 )

NRS 701.230

NRS

701.230

Prohibition against inclusion in buildings of system using electric resistance for heating spaces; applicability; exceptions; enforcement by local governments.

1. In a county whose population is 100,000 or more, a building whose construction, or retrofit that replaces the heating source of the premises, exclusive of maintenance, 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 possible other than electric resistance;

(c) The system is a hydronic radiant heating system or a system that uses ground-source heat pumps or water-source heat pumps; or

(d) The system using electric resistance for heating spaces uses electricity produced from renewable energy systems that exist on the owner’s property, including, without limitation, net metering systems.

1. The owner of a property who seeks to use a system using electric resistance for heating spaces must submit an application for an exception pursuant to subsection 1 to the governing body of the applicable local government before beginning construction or retrofitting of the system.

2. The governing body of the local government:

(a) Shall enforce subsection 1;

(b) Shall determine whether the property owner is eligible for an exception pursuant to subsection 1 within 30 days after receiving a complete application from the owner of the property; and

(c) Shall forward its decision to the owner of the property and to the Director.

1. This section does not prohibit the use of incandescent or fluorescent lighting.

2. As used in this section, “electric resistance” means passing an electric current through a resistance, coil, wire or other obstacle which impedes electricity and causes it to produce heat.

(Added to NRS by 1983, 1575 ; A 1985, 2289 ; 1993, 1699 ; 2009, 987 , 1376 )

NRS 701.260

NRS

701.260

Prohibition against selling certain general service lamps; regulations establishing energy efficiency standards for general service lamps.

1. On and after January 1, 2020, no general service lamp may be sold in this State unless it meets or exceeds the minimum standard of energy efficiency established by the Director pursuant to subsection 2 for lumens per watt of electricity consumed, when tested in accordance with the test procedures for general service lamps prescribed by 10 C.F.R. 430.23(gg).

2. The Director shall adopt regulations to carry out the provisions of this section. The regulations must, without limitation:

(a) Establish a minimum standard of energy efficiency for lumens per watt of electricity consumed that must be produced by general service lamps sold in this State on and after January 1, 2020. The minimum standard of energy efficiency established by the Director must meet or exceed 45 lumens per watt of electricity consumed.

(b) Attempt to minimize the overall cost to consumers for general service lamps, considering the needs of consumers relating to lighting, technological feasibility and anticipated product availability and performance.

1. For the purposes of this section, the Director shall define by regulation “general service lamp.” The term must not include “specialty lighting” or “lighting necessary to provide illumination for persons with special needs,” as defined by the Director by regulation.

(Added to NRS by 2007, 3001 ; A 2009, 1377 ; 2011, 2061 ; 2019, 905 )

NRS 701.380

NRS

701.380

Coordination of activities and programs; expenditure of money from Trust Account for Renewable Energy and Energy Conservation; other duties.

1. The Director shall:

(a) Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumer’s Advocate and the Public Utilities Commission of Nevada, and with 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.

(b) Spend the money in the Trust Account 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 distributed generation systems and on-site generation systems and net metering systems that use renewable energy.

(c) Take any other actions that the Director deems necessary to carry out the duties of the Office of Energy, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the Director in carrying out the duties of the Office.

1. As used in this section:

(a) “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:

(1) That uses renewable energy as defined in NRS 704.7715 to generate electricity;

(2) That is located on the property of a customer of an electric utility;

(3) That is connected on the customer’s side of the electricity meter;

(4) That provides electricity primarily to offset customer load on that property; and

(5) The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to 704.776 , inclusive.

(b) “Electric utility” has the meaning ascribed to it in NRS 704.7571 .

(Added to NRS by 2001, 3261 ; A 2003, 1873 ; 2009, 1378 ; 2011, 2062 ; 2019, 8 , 1014 ,

1185 )

NRS 701.390

NRS

701.390

Dissemination of information; development of resources and projects; promotion of research and studies; cooperation and coordination with other officers and agencies.

The Director shall:

1. Utilize all available public and private means to:

(a) Provide information to the public about issues relating to energy and to explain how conservation of energy and its sources may be accomplished; and

(b) Work with educational and research institutions, trade associations and any other public and private entities in this State to create a database for information on technological development, financing opportunities and federal and state policy developments regarding renewable energy and energy efficiency.

1. Encourage the development of any sources of renewable energy and any energy projects which will benefit the State and any measures which conserve or reduce the demand for energy or which result in more efficient use of energy, including, without limitation, by:

(a) Identifying appropriate areas in this State for the development of sources of renewable energy, based on:

(1) Assessments of solar, wind and geothermal potential;

(2) Evaluations of natural resource constraints;

(3) Current electric transmission infrastructure and capacity; and

(4) The feasibility of the construction of new electric transmission lines;

(b) Working with renewable energy developers to locate their projects within appropriate areas of this State, including, without limitation, assisting the developers to interact with the Bureau of Land Management, the Department of Defense and other federal agencies in:

(1) Expediting land leases;

(2) Resolving site issues; and

(3) Receiving permits for projects on public lands within the appropriate areas of this State;

(c) Coordinating the planning of renewable energy projects in appropriate areas of this State to establish a mix of solar, wind and geothermal renewable energy systems that create a reliable source of energy and maximize the use of current or future transmission lines and infrastructure; and

(d) Developing proposals for the financing of future electric transmission projects for renewable energy if no such financing proposals exist.

1. Review jointly with the Nevada System of Higher Education the policies of this State relating to the research and development of the geothermal energy resources in this State and make recommendations to the appropriate state and federal agencies concerning methods for the development of those resources.

2. If the Director determines that it is feasible and cost-effective, enter into contracts with researchers from the Nevada System of Higher Education:

(a) To conduct environmental studies relating to the identification of appropriate areas in this State for the development of renewable energy resources, including, without limitation, hydrologic studies, solar resource mapping studies and wind power modeling studies;

(b) For the development of technologies that will facilitate the energy efficiency of the electricity grid for this State, including, without limitation, meters that facilitate energy efficiency for consumers of electricity; and

(c) For the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State with energy efficiency measures.

1. Carry out all other directives concerning energy that are prescribed by the Legislature.

(Added to NRS by 2009, 1366 ; A 2011, 2063 )

NRS 701.540

NRS

701.540

Legislative declarations; rights of natural persons relating to renewable energy and energy storage.

The Legislature hereby declares that each natural person who is a resident of this State has the right to:

1. Generate, consume and export renewable energy and reduce his or her use of electricity that is obtained from the grid.

2. Use technology to store energy at his or her residence.

3. If the person generates renewable energy pursuant to subsection 1, or stores energy pursuant to subsection 2, or any combination thereof, be allowed to connect his or her system that generates renewable energy or stores energy, or any combination thereof, with the electricity meter on the customer’s side that is provided by an electric utility or any other person named and defined in chapters 704 , 704A and 704B of NRS:

(a) In a timely manner;

(b) In accordance with requirements established by the electric utility to ensure the safety of utility workers; and

(c) After providing written notice to the electric utility providing service in the service territory and installing a nomenclature plate on the electrical meter panel indicating that a system that generates renewable energy or stores energy, or any combination thereof, is present if the system:

(1) Is not used for exporting renewable energy past the electric utility meter on the customer’s side; and

(2) Meets all applicable state and local safety and electrical code requirements.

1. Fair credit for any energy exported to the grid.

2. Consumer protections in contracts for renewable energy pursuant to NRS 598.9801

to 598.9822 , inclusive.

1. Have his or her generation of renewable energy given priority in planning and acquisition of energy resources by an electric utility.

2. Except as otherwise provided in NRS 704.7725 or 704.7732 , remain within the existing broad rate class to which the resident would belong in the absence of a net metering system or a system that generates renewable energy or stores energy, or any combination thereof, without any fees or charges that are different than the fees and charges assessed to customers of the same rate class, regardless of the technologies on the customer’s side of the electricity meter, including, without limitation, energy production, energy savings, energy consumption, energy storage or energy shifting technologies, provided that such technologies do not compromise the safety and reliability of the utility grid.

(Added to NRS by 2017, 4277 )

ACCOUNTS RELATED TO FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

NRS 701.710

NRS

701.710

“Commercial fryer” defined.

“Commercial fryer” means an appliance, including, without limitation, a cooking vessel, in which:

1. Oil is placed to such a depth that the cooking food is essentially supported by displacement of the cooking fluid rather than by the bottom of the vessel.

2. Heat is delivered to the cooking fluid by means of an immersed electric element or band-wrapped vessel for electric fryers or by heat transfer from gas burners through either the walls of the fryer or through tubes passing through the cooking fluid for gas fryers.

(Added to NRS by 2021, 2198 )

NRS 701.730

NRS

701.730

“Electric vehicle supply equipment” defined.

“Electric vehicle supply equipment”:

1. Means the conductors, including, without limitation, the ungrounded, grounded and equipment-grounding conductors, the electric vehicle connectors, the attachment plugs and all other fittings, devices, power outlets or apparatuses, installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle.

2. Does not include conductors, connectors and fittings that are part of a vehicle.

(Added to NRS by 2021, 2200 )

NRS 701.732

NRS

701.732

“Flexible demand” defined.

“Flexible demand” means the capability to schedule, shift or curtail the electrical demand of a customer of a utility through direct action by the customer or through action by a third party, the utility or a grid-balancing authority, with the consent of the customer.

(Added to NRS by 2021, 2200 )

NRS 701.746

NRS

701.746

“Installer” defined.

“Installer” means a person engaged in the attachment of a regulated appliance or an appliance for which the Director has adopted a minimum standard of energy efficiency pursuant to NRS 701.770 that the installer has purchased or been contracted to attach to a structure by means of the electrical, plumbing or ventilation system of the structure.

(Added to NRS by 2021, 2200 )

NRS 701.756

NRS

701.756

“Regulated appliance” defined.

“Regulated appliance” includes the following appliances:

1. An air purifier that is not an industrial air purifier;

2. A cold-temperature fluorescent lamp;

3. A commercial dishwasher;

4. A commercial fryer;

5. A commercial hot-food holding cabinet;

6. A commercial oven;

7. A commercial steam cooker;

8. A computer;

9. A computer monitor;

10. Electric vehicle supply equipment;

11. A gas fireplace;

12. A high color rendering index fluorescent lamp;

13. An impact-resistant fluorescent lamp;

14. A portable electric spa;

15. A residential ventilating fan; and

16. A water cooler.

(Added to NRS by 2021, 2201 )

NRS 701.768

NRS

701.768

Establishment and amendment of minimum standards for regulated appliances and methods for verifying compliance; effective date; prohibition on sale, lease, rental or installation for compensation of new noncompliant appliances; regulations.

1. Not later than October 1, 2022, the Director shall adopt regulations establishing minimum standards of energy efficiency for regulated appliances and methods for verifying whether a regulated appliance complies with those standards.

2. On and after July 1, 2023, a new regulated appliance may not be sold, leased or rented in this State, or offered for sale, lease or rent in this State, unless it meets or exceeds the minimum standards of energy efficiency established by the Director pursuant to subsection 1. If the Director amends the regulations adopted pursuant to subsection 1 to establish more stringent standards of energy efficiency for regulated appliances, the Director shall establish an effective date for such amended regulations which must be not earlier than 365 days after the date on which the amended regulations are filed with the Secretary of State pursuant to

NRS 233B.070 .

1. On and after January 1, 2024, a new regulated appliance may not be installed for compensation in this State unless it meets or exceeds the minimum standards of energy efficiency established by the Director pursuant to subsection 1. If the Director amends the regulations adopted pursuant to subsection 1 to establish more stringent standards of energy efficiency for new regulated appliances, beginning 1 year after the amended regulations are filed with the Secretary of State pursuant to NRS 233B.070 , it shall be unlawful to install for compensation in this State a new regulated appliance that does not meet or exceed the more stringent standards of energy efficiency adopted by the Director.

2. The minimum standards of energy efficiency for regulated appliances adopted by the Director pursuant to subsection 1 must meet or exceed the following standards:

(a) An air purifier which is not an industrial air purifier must meet the following requirements as measured in accordance with version 2.0 of the “ENERGY STAR Product Specification for Room Air Cleaners” adopted by the United States Environmental Protection Agency:

(1) The clean air delivery rate for smoke must be not less than 30 cubic feet per minute;

(2) For models with a clean air delivery rate for smoke that is less than 100 cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 1.7 cubic feet per minute;

(3) For models with a clean air delivery rate for smoke that is 100 or more but less than 150 cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 1.9 cubic feet per minute;

(4) For models with a clean air delivery rate for smoke that is 150 or more cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 2.0 cubic feet per minute;

(5) For ozone-emitting models, the measured ozone must be not more than 50 parts per billion;

(6) For models with a wireless fidelity network connection enabled by default when shipped, the energy consumed when in partial on mode power must be not more than 2 watts; and

(7) For models without a wireless fidelity network connection enabled by default when shipped, the energy consumed when in partial on mode must be not more than 1 watt.

(b) Commercial dishwashers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Dishwashers” must meet the eligibility criteria of that specification.

(c) Commercial fryers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Fryers” must meet the criteria of that specification.

(d) Commercial hot food holding cabinets included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Hot Food Holding Cabinets” must meet the criteria of that specification.

(e) Commercial ovens included in the scope of version 2.2 of the “ENERGY STAR Program Requirements Product Specification for Commercial Ovens” must meet the criteria of that specification.

(f) Commercial steam cookers included in the scope of version 1.2 of the “ENERGY STAR Program Requirements Product Specification for Commercial Steam Cookers” must meet the criteria of that specification.

(g) Computers and computer monitors must meet the requirements set forth in section 1605.3(v) of Title 20 of the California Code of Regulations as in effect on January 1, 2020, and the test procedures for computers and computer monitors adopted by the Director must be in accordance with the testing method prescribed in section 1604(v) of Title 20 of the California Code of Regulations as in effect on January 1, 2020, except that the Director may elect to amend the test procedure to reflect changes to section 1604(v) of Title 20 of the California Code of Regulations

that occur after January 1, 2020.

(h) Electric vehicle supply equipment included in the scope of version 1.0 of the “ENERGY STAR Program Requirements for Electric Vehicle Supply Equipment” must meet the eligibility criteria of that specification.

(i) Gas fireplaces must:

(1) Be capable of automatically extinguishing any pilot flame when the main gas burner flame is extinguished.

(2) Prevent any ignition source for the main gas burner flame from operating continuously for more than 7 days.

(3) If the gas fireplace is a heating gas fireplace, have a fireplace efficiency greater than or equal to 50 percent when tested in accordance with Standard No. P.4.1-15 of the Canadian Standards Association, “Testing Method for Measuring Annual Fireplace Efficiency.”

(j) High color rendering index fluorescent lamps, cold temperature fluorescent lamps and impact-resistant fluorescent lamps must meet the minimum efficacy requirements contained in 10 C.F.R. § 430.32(n)(4), as in effect on January 1, 2020, as measured in accordance with 10 C.F.R. Part 430, subpart B, Appendix R, “Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps,” as in effect on January 1, 2020.

(k) Portable electric spas must meet the requirements of the “American National Standard for Portable Electric Spa Energy Efficiency,” ANSI/APSP/ICC 14-2019 of the Association of Pool and Spa Professionals.

(l) In-line residential ventilating fans must have a fan motor efficacy of not less than 2.8 cubic feet per minute per watt.

(m) Residential ventilating fans other than in-line residential ventilating fans must have a fan motor efficacy of not less than 1.4 cubic feet per minute per watt for airflows less than 90 cubic feet per minute and not less than 2.8 cubic feet per minute per watt for other airflows when tested in accordance with HVI Publication 916, “HVI Airflow Test Procedure,” of the Home Ventilating Institute.

(n) Water coolers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Water Coolers” must have an on mode with no water draw energy consumption of the following values as measured in accordance with the test requirements of that specification:

(1) Not more than 0.16 kilowatt-hours per day for cold only water coolers and cook and cold water coolers;

(2) Not more than 0.87 kilowatt-hours per day for storage-type hot and cold water coolers; and

(3) Not more than 0.18 kilowatt-hours per day for on-demand hot and cold water coolers.

(Added to NRS by 2021, 2201 )

NRS 701.776

NRS

701.776

Standards to facilitate deployment of flexible demand technologies; effective date; considerations, consultations and priorities; regulations.

1. The Director may adopt by regulation standards for appliances and other provisions which are necessary and convenient to facilitate the deployment of flexible demand technologies, including, without limitation, regulations relating to the labeling of appliances incorporating flexible demand technologies to promote the use of such appliances. Any such regulations must be based on feasible and attainable efficiencies or feasible improvements that will enable appliance operations to be scheduled, shifted or curtailed to reduce emissions of greenhouse gases associated with electricity generation.

2. The Director shall establish an effective date for regulations adopted pursuant to subsection 1 which must be not earlier than 365 days after the date on which the regulations are filed with the Secretary of State pursuant to NRS 233B.070 .

3. In establishing standards for appliances pursuant to subsection 1, the Director shall:

(a) Consider the reliability and cybersecurity protocols of the National Institute of Standards and Technology of the United States Department of Commerce, or other cybersecurity protocols that are equally or more protective and adopt, at minimum, the North American Electric Reliability Corporation Critical Infrastructure Protection Standards, as those standards exist on July 1, 2021.

(b) Consult with the Public Utilities Commission of Nevada and electric utilities to better align the flexible demand appliance standards with demand response programs and to incentivize the deployment of flexible demand appliances.

1. Flexible demand appliance standards adopted pursuant to subsection 1 must prioritize:

(a) Appliances that can more conveniently have their electrical demand controlled by load-management technology and third-party load-management programs.

(b) Appliances with load-management technology options that are readily available.

(c) Appliances that have a user-friendly interface and follow a straightforward setup and connection process, such as remote setup by means of an Internet website or application.

(d) Appliances with load-management technology options that follow simple standards for third-party direct operation of the appliances.

(e) Appliances that are interoperable or open source.

(Added to NRS by 2021, 2206 )

NRS 702.090

NRS

702.090

“Retail customer” defined.

1. “Retail customer” means an end-use customer that purchases natural gas or electricity for consumption in this state.

2. The term includes, without limitation:

(a) A residential, commercial or industrial end-use customer that purchases natural gas or electricity for consumption in this state, including, without limitation, an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of chapter 704B of NRS.

(b) A landlord of a manufactured home park or mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960 , inclusive.

(c) A landlord who pays for natural gas or electricity that is delivered through a master meter and who distributes or resells the natural gas or electricity to one or more tenants for consumption in this state.

1. The term does not include this state, a political subdivision of this state or an agency or instrumentality of this state or political subdivision of this state when it is an end-use customer that purchases natural gas or electricity for consumption in this state, including, without limitation, when it is an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of chapter 704B of NRS.

(Added to NRS by 2001, 3231 ; A 2015, 225 )

NRS 702.150

NRS

702.150

Applicability; exemptions for certain retail customers; limitations on receipt of assistance by certain retail customers.

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.

1. 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 Division of Welfare and Supportive Services 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 .

(Added to NRS by 2001, 3232 )

NRS 702.160

NRS

702.160

Amount of charge; duty to pay; exemptions for certain activities; collection; duties of public utilities and municipal utilities; duties of certain retail customers; cap; refunds.

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.

1. 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.

1. 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.

1. 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.

2. 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.

(Added to NRS by 2001, 3232 )

NRS 702.260

NRS

702.260

Programs to assist eligible households in paying for natural gas and electricity; powers and duties of Division of Welfare and Supportive Services; administrative expenses; criteria for eligibility; emergency assistance; regulations.

1. Seventy-five percent of the money in the Fund must be distributed to the Division of Welfare and Supportive Services for programs to assist eligible households in paying for natural gas and electricity. The Division may use not more than 5 percent of the money distributed to it pursuant to this section for its administrative expenses.

2. Except as otherwise provided in NRS 702.150 , after deduction for its administrative expenses, the Division may use the money distributed to it pursuant to this section only to:

(a) Assist eligible households in paying for natural gas and electricity.

(b) Carry out activities related to consumer outreach.

(c) Pay for program design.

(d) Pay for the annual evaluations conducted pursuant to NRS 702.280 .

1. Except as otherwise provided in subsections 4 and 5, to be eligible to receive assistance from the Division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the Division.

2. In addition to the persons eligible to receive assistance from the Division pursuant to subsection 3, a household that includes at least one federal worker, tribal worker or state worker is eligible for such assistance during a shutdown.

3. The Division is authorized to render emergency assistance to a household if an emergency related to the cost or availability of natural gas or electricity threatens the health or safety of one or more of the members of the household. Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.

4. Before July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the Division shall determine the amount of assistance that the household will receive by using the existing formulas set forth in the state plan for low-income home energy assistance.

5. On or after July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the Division:

(a) Shall, to the extent practicable, determine the amount of assistance that the household will receive by determining the amount of assistance that is sufficient to reduce the percentage of the household’s income that is spent on natural gas and electricity to the median percentage of household income spent on natural gas and electricity statewide.

(b) May adjust the amount of assistance that the household will receive based upon such factors as:

(1) The income of the household;

(2) The size of the household;

(3) The type of energy that the household uses; and

(4) Any other factor which, in the determination of the Division, may make the household particularly vulnerable to increases in the cost of natural gas or electricity.

1. The Division shall adopt regulations to carry out and enforce the provisions of this section and NRS 702.250 .

2. In carrying out the provisions of this section, the Division shall:

(a) Solicit advice from the Housing Division and from other knowledgeable persons;

(b) Identify and implement appropriate delivery systems to distribute money from the Fund and to provide other assistance pursuant to this section;

(c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;

(d) Establish a process for evaluating the programs conducted pursuant to this section;

(e) Develop a process for making changes to such programs; and

(f) Engage in annual planning and evaluation processes with the Housing Division as required by NRS 702.280 .

1. For the purposes of this section:

(a) “Eligible household” includes, without limitation:

(1) A tenant of a manufactured home park or mobile home park subject to the provisions of NRS 704.905 to 704.960 , inclusive; and

(2) A tenant who purchases electricity from a landlord as described in paragraph (c) of subsection 2 of NRS 702.090 based on the actual usage of electricity by the tenant.

(b) “Federal worker” has the meaning ascribed to it in NRS 40.002 .

(c) “Shutdown” has the meaning ascribed to it in NRS 40.0035 .

(d) “State worker” has the meaning ascribed to it in NRS 40.004 .

(e) “Tribal worker” has the meaning ascribed to it in 40.0045.

(Added to NRS by 2001, 3234 ; A 2005, 22nd Special Session, 78 ; 2011, 1624 ; 2015, 226 ; 2019, 3196 )

NRS 703.010

NRS

703.010

Definitions.

As used in this chapter, unless the context otherwise requires:

1. “Affected governmental entity” means a governmental entity for which a tax, fee or assessment is collected pursuant to

NRS 704.9901 , 704.9985 or 704B.360 .

1. “Alternative seller” means a person who sells any competitive, discretionary or potentially competitive component of natural gas service pursuant to NRS 704.993

to 704.999 , inclusive.

1. “Commission” means the Public Utilities Commission of Nevada.

2. “Provider of new electric resources” has the meaning ascribed to it in NRS 704B.130 .

[Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]—(NRS A

1995, 2606 ; 1997, 1881 , 2020 ,

2664 ;

1999, 492 ; 2001, 341 ; 2003, 3025 )

NRS 703.085

NRS

703.085

Commissioners: Number required to act; number required to enter final order; appointment, powers and duties, terms of service and reappointment of Acting Commissioners.

1. All Commissioners are required for the Commission to act in any matter involving:

(a) A general rate application or an annual deferred energy accounting adjustment application of an electric utility or a public utility which purchases natural gas for resale; and

(b) A plan of an electric utility to increase its supply of electricity or decrease the demands made on its system pursuant to NRS 704.741 .

1. Except as otherwise provided in subsection 1, a majority of the Commissioners has full power to act in all matters within the jurisdiction of the Commission.

2. Before the Commission may enter a final order on a matter, there must be at least the required number of Commissioners who are able to act on the matter. If there are fewer than the required number of Commissioners who are able to act on the matter because of disqualifications, illnesses, incapacities, vacancies that have not yet been filled, or any other reason, the Governor shall appoint the requisite number of persons to serve as Acting Commissioners in the place of the Commissioners who are unable to act on the matter so that there are at least the required number of persons who are able to act on the matter, whether serving as a Commissioner or an Acting Commissioner. If there are fewer than the required number of Commissioners who are able to act on the matter because of disqualifications, illnesses, incapacities, vacancies that have not yet been filled, or any other reason, and the Governor has not appointed the requisite number of persons to serve as Acting Commissioners pursuant to this subsection, the Commission may designate a hearing officer appointed pursuant to subsection 7 of NRS 703.130 to serve as an Acting Commissioner.

3. Before the Governor may appoint a person to serve as an Acting Commissioner in the place of a Commissioner who is unable to act on the matter, the person must be qualified to serve in the office of that Commissioner as if the Governor were appointing the person to fill a vacancy in that office.

4. A person who is appointed or authorized to serve as an Acting Commissioner shall be deemed to be a Commissioner and is entitled to exercise the powers of a Commissioner only in proceedings before the Commission that involve the matter or matters for which the person is appointed or authorized to serve as an Acting Commissioner.

5. A person who is appointed to serve as an Acting Commissioner:

(a) Is subject to all legal requirements and restrictions and enjoys all legal protections and immunities that apply to a Commissioner and to state officers generally while the person is engaged in the business of the Commission as an Acting Commissioner; and

(b) Is entitled to receive, for each day the person is engaged in the business of the Commission as an Acting Commissioner, a salary of $80 and the per diem allowance and travel expenses provided for state officers and employees generally. The person is not entitled to receive any other compensation for serving as an Acting Commissioner.

1. A person who is appointed to serve as an Acting Commissioner serves at the pleasure of the Governor. The appointment of the person expires:

(a) On the date that the Governor declares that the appointment has expired; or

(b) On the date that the matter or matters for which the person was appointed are no longer pending before the Commission,

Ê whichever date occurs earlier.

1. The Governor may reappoint a person to serve as an Acting Commissioner.

(Added to NRS by 2003, 3023 ; A 2009, 608 )

NRS 703.130

NRS

703.130

Personnel and consultants; Executive Director; Secretary and Assistant Secretary; clerks, experts and engineers; hearing officers; regulations concerning appeals of decisions of hearing officers.

1. The Commission shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the Commission may require.

2. The Commission shall appoint an Executive Director, who must be:

(a) Knowledgeable and experienced in public administration and fiscal management;

(b) Knowledgeable in the areas of utility regulation by the Commission; and

(c) Independent of and have no pecuniary interest in any entity regulated by the Commission.

1. The Executive Director shall:

(a) Serve as Chief Financial Officer for the Commission;

(b) Direct the daily operation of the Commission, including, without limitation:

(1) Budget preparation;

(2) Administration;

(3) Human resources;

(4) Purchases and acquisitions made by the Commission; and

(5) Contracts and leases entered into by the Commission;

(c) Develop and implement policies and procedures to ensure the efficient operation of the Commission;

(d) Oversee:

(1) The review of applications for certificates, permits and modifications of tariffs;

(2) The maintenance of a hearing calendar of all matters pending before the Commission; and

(3) Compliance with and enforcement of statutes and regulations pertaining to utilities which are regulated by the Commission; and

(e) Authenticate documents and serve as custodian of all agency records.

1. The Executive Director is in the unclassified service of the State.

2. The Executive Director, with the approval of the Commission, shall designate a Secretary who shall perform such administrative and other duties as are prescribed by the Executive Director. The Executive Director, with the approval of the Commission, shall also designate an Assistant Secretary.

3. The Executive Director may employ such other clerks, experts or engineers as may be necessary.

4. Except as otherwise provided in subsection 8, the Commission:

(a) May appoint one or more hearing officers for a period specified by the Commission to conduct proceedings or hearings that may be conducted by the Commission pursuant to NRS 702.160 and 702.170 and chapters 704 , 704A , 704B ,

705 , 708 and 711 of NRS.

(b) Shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the Commission.

1. The Commission shall not appoint a hearing officer to conduct proceedings or hearings:

(a) In any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595 , inclusive; or

(b) In any matter pending before the Commission pursuant to NRS 704.061 to 704.110 , inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application.

1. As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187 .

[Part 5:109:1919; A 1931, 225 ; 1941, 40 ; 1949, 449 ; 1951, 200 ; 1953, 252 ]—(NRS A 1967, 1094 , 1382 ,

1504 ;

1971, 1443 ; 1979, 1108 ; 1981, 1285 ; 1999, 3259 ; 2001, 342 , 3238 ;

2007, 2976 ; 2009, 609 , 1390 ;

2013, 738 )

NRS 703.151

NRS

703.151

Duties of Commission in adopting regulations relating to provision of electric service.

In adopting regulations pursuant to this title relating to the provision of electric service, the Commission shall ensure that the regulations:

1. Protect, further and serve the public interest;

2. Provide effective protection for customers who depend upon electric service;

3. Provide for stability in rates and for the availability and reliability of electric service;

4. Encourage the development and use of renewable energy resources; and

5. Require providers of electric service to engage in prudent business management, effective long-term planning, responsible decision making, sound fiscal strategies and efficient operations.

(Added to NRS by 1997, 1880 ; A 2001, 342 )

NRS 703.190

NRS

703.190

Records of Commission open to public inspection; exception.

1. Except as otherwise provided in this section, all biennial reports, records, proceedings, papers and files of the Commission must be open at all reasonable times to the public.

2. The Commission shall, upon receipt of a request from a public utility, alternative seller, provider of discretionary natural gas service or provider of new electric resources, prohibit the disclosure of any applicable information in the possession of the Commission or an affected governmental entity concerning the public utility, alternative seller, provider of discretionary natural gas service or provider of new electric resources, if the Commission determines that the information would otherwise be entitled to protection as a trade secret or confidential commercial information pursuant to NRS 49.325 or 600A.070 or Rule 26 (c)(7) of the Nevada Rules of Civil Procedure. Upon making such a determination, the Commission shall establish the period during which the information must not be disclosed and a procedure for protecting the information during and after that period.

[Part 12:109:1919; 1919 RL p. 3157; NCL § 6111]—(NRS A 1995, 385 ; 2003, 3025 )

NRS 703.191

NRS

703.191

Duty of public utilities and certain entities to furnish information and annual reports; regulations.

1. Each public utility that is regulated by the Commission or elects to be regulated under an alternative plan of regulation pursuant to NRS 704.997 , and each alternative seller, provider of discretionary natural gas service and provider of new electric resources shall:

(a) Keep uniform and detailed accounts of all applicable business transacted in this State as required by the Commission by regulation, and render them to the Commission or an affected governmental entity upon its request.

(b) Furnish an annual report, with respect to all applicable business transacted in this State, to the Commission and each affected governmental entity in the form and detail which the Commission prescribes by regulation.

1. The reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.

2. If the Commission or an affected governmental entity finds that necessary information with respect to applicable business transacted in this State is not contained in a report submitted pursuant to this section, the Commission or affected governmental entity may call for the omitted information at any time.

(Added to NRS by 1979, 243 ; A 1989, 1018 ; 1995, 2606 ; 1997, 1883 , 2664 ;

1999, 492 ; 2003, 3026 )

NRS 703.195

NRS

703.195

Examination of records and other property of public utilities and certain entities; exception.

1. Except as otherwise provided in subsection 2, any Commissioner, any officer or employee of the Commission who is designated by the Commission, or any officer or employee of an affected governmental entity who is designated by the affected governmental entity may examine during regular business hours the books, accounts, records, minutes, papers and property of any public utility, alternative seller, provider of discretionary natural gas service or provider of new electric resources who does business in this State, with respect to such business, regardless of whether the book, account, record, minutes, paper or property is located within this State.

2. No personnel records of an employee may be examined pursuant to subsection 1 unless the records contain information relating to a matter of public safety or the Commission determines that the examination is required to protect the interests of the public.

3. As used in this section, “personnel records” does not include:

(a) The name of the employee who is the subject of the record;

(b) The gross compensation and perquisites of the employee;

(c) Any record of the business expenses of the employee;

(d) The title or any description of the position held by the employee;

(e) The qualifications required for the position held by the employee;

(f) The business address of the employee;

(g) The telephone number of the employee at the place of business of the employee;

(h) The work schedule of the employee;

(i) The date on which the employment of the employee began; and

(j) If applicable, the date on which the employment of the employee was terminated.

(Added to NRS by 1979, 243 ; A 1995, 386 ; 1997, 1884 ; 2003, 3026 )

NRS 703.196

NRS

703.196

Disclosure and confidentiality of records and other property of public utilities and certain entities subject to examination.

1. Any books, accounts, records, minutes, papers and property of any public utility, alternative seller, provider of discretionary natural gas service or provider of new electric resources that are subject to examination pursuant to NRS 703.190 or 703.195 and are made available to the Commission, any officer or employee of the Commission, an affected governmental entity, any officer or employee of an affected governmental entity, the Bureau of Consumer Protection in the Office of the Attorney General or any other person under the condition that the disclosure of such information to the public be withheld or otherwise limited, must not be disclosed to the public unless the Commission first determines that the disclosure is justified.

2. The Commission shall take such actions as are necessary to protect the confidentiality of such information, including, without limitation:

(a) Granting such protective orders as it deems necessary; and

(b) Holding closed hearings to receive or examine such information.

1. If the Commission closes a hearing to receive or examine such information, it shall:

(a) Restrict access to the records and transcripts of such hearings without the prior approval of the Commission or an order of a court of competent jurisdiction authorizing access to the records or transcripts; and

(b) Prohibit any participant at such a hearing from disclosing such information without the prior authorization of the Commission.

1. A representative of the Regulatory Operations Staff of the Commission and the Bureau of Consumer Protection:

(a) May attend any closed hearing held pursuant to this section; and

(b) Have access to any records or other information determined to be confidential pursuant to this section.

1. The Commission shall consider in an open meeting whether the information reviewed or examined in a closed hearing may be disclosed without revealing the confidential subject matter of the information. To the extent the Commission determines the information may be disclosed, the information must become a part of the records available to the public. Information which the Commission determines may not be disclosed must be kept under seal.

(Added to NRS by 1995, 385 ; A 1997, 1884 ; 2001, 3239 ; 2003, 3027 )

NRS 703.320

NRS

703.320

Notice and hearing: Duty of Commission to provide notice of certain pending matters; regulations regarding notice; hearing required in certain pending matters; power of Commission to dispense with hearing in certain pending matters.

Except as otherwise provided in subsections 9 and 11 of NRS 704.110 :

1. In any matter pending before the Commission, if a hearing is required by a specific statute or is otherwise required by the Commission, the Commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The Commission shall by regulation specify:

(a) The manner of giving notice in each type of proceeding; and

(b) The persons entitled to notice in each type of proceeding.

1. The Commission shall not dispense with a hearing:

(a) In any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595 , inclusive; or

(b) Except as otherwise provided in paragraph (f) of subsection 1 of NRS 704.100 , in any matter pending before the Commission pursuant to NRS 704.061 to 704.110 , inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application pursuant to NRS 704.187 .

1. In any other matter pending before the Commission, the Commission may dispense with a hearing and act upon the matter pending unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the Commission a request that the hearing be held. If such a request for a hearing is filed, the Commission shall give at least 10 days’ notice of the hearing.

2. As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187 .

(Added to NRS by 1979, 244 ; A 1997, 2666 ; 1999, 492 ; 2001, 343 , 3240 ;

2005, 1918 ; 2007, 2977 ; 2011, 383 ; 2013, 739 )

NRS 703.380

NRS

703.380

Administrative fines.

1. Unless another administrative fine is specifically provided, a person, including, without limitation, a public utility, alternative seller, provider of discretionary natural gas service, provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission, or any officer, agent or employee of a public utility, alternative seller, provider of discretionary natural gas service, provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission who:

(a) Violates any applicable provision of this chapter or chapter 704 , 704B ,

705 or 708 of NRS, including, without limitation, the failure to pay any applicable tax, fee or assessment;

(b) Violates any rule or regulation of the Commission;

(c) Fails, neglects or refuses to obey any order of the Commission or any order of a court requiring compliance with an order of the Commission; or

(d) Provides to the Commission information which is materially inaccurate or misleading and which the person knew or through the exercise of reasonable care and diligence should have known was materially inaccurate or misleading,

Ê is liable for an administrative fine, to be assessed by the Commission after notice and the opportunity for a hearing. If the Commission determines that a violation was willful and knowing, or detrimental to public health or safety, the administrative fine must not exceed $200,000 per day for each day of the violation and not exceed $5,000,000 for any related series of violations. For any other violation, the administrative fine must not exceed $100,000 per day and not exceed $2,000,000 for any related series of violations.

1. In determining the amount of the administrative fine, and to ensure that the fine is proportional to the violation, the Commission shall consider:

(a) The appropriateness of the fine to the size of the business of the person charged;

(b) The nature, circumstances and gravity of the violation, including, without limitation, the actual or potential financial impact and actual or potential impact on public health and safety of the violation;

(c) Whether the violation was willful;

(d) The good faith of the person charged in detecting and voluntarily disclosing the violation to the Commission;

(e) The good faith of the person charged in attempting to achieve compliance after notification of the violation and to prevent the reoccurrence of similar violations in the future;

(f) The history of compliance or noncompliance, including, without limitation, any repeated violations committed by the person charged;

(g) The economic benefit of the violation, or lack thereof, to the person charged;

(h) The amounts of administrative fines assessed previously by the Commission for similar violations, if any; and

(i) Such other factors as are necessary to determine the reasonableness of the administrative fine.

1. The limitations on the amount of an administrative fine in subsection 1 do not restrict the authority of the Commission to require a public utility to restore funding to a program or account as necessary to achieve compliance with an applicable statute or regulation or an order of the Commission.

2. An administrative fine assessed pursuant to this section is not a cost of service of a public utility and may not be included in any new application by a public utility for a rate adjustment or rate increase.

3. All money collected by the Commission as an administrative fine pursuant to this section must be deposited in the State General Fund.

4. The Commission may bring an appropriate action in its own name for the collection of any administrative fine that is assessed pursuant to this section. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this subsection.

5. The administrative fine prescribed by this section is in addition to any other remedies, other than a monetary fine, provided by law, including, without limitation, the authority of the Commission to revoke a certificate of public convenience and necessity, license or permit pursuant to NRS 703.377 .

(Added to NRS by 1981, 1597 ; A 1985, 2048 ; 1997, 1889 ; 2003, 3027 ; 2007, 35 ; 2015, 1389 , 1413 ;

2021, 269 )

NRS 704.021

NRS

704.021

“Public utility” or “utility” further defined.

“Public utility” or “utility” does not include:

1. Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.

2. Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if:

(a) They serve 25 persons or less; and

(b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $25,000 or less during the immediately preceding 12 months.

1. Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.

2. Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.

3. Persons who are subject to the provisions of NRS 590.465 to 590.645 , inclusive.

4. Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060 .

5. Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.

6. Persons who are video service providers, as defined in NRS 711.151 , except for those operations of the video service provider which consist of providing a telecommunication service to the public, in which case the video service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.

7. Persons who own or operate a net metering system described in paragraph (c) of subsection 1 of NRS 704.771 .

8. Persons who own or operate a net metering system or systems described in paragraph (a) of subsection 1 of NRS 704.771 and deliver electricity to multiple persons, units or spaces on the premises if:

(a) The electricity is delivered only to persons, units or spaces located on the premises on which the net metering system or systems are located;

(b) The residential or commercial units or spaces do not have individual meters measuring electricity use by an individual unit or space; and

(c) Persons occupying the individual units or spaces are not charged for electricity based upon volumetric usage at the person’s individual unit or space.

1. Persons who for compensation own or operate individual systems which use renewable energy to generate electricity and sell the electricity generated from those systems to not more than one customer of the public utility per individual system if each individual system is:

(a) Located on the premises of another person;

(b) Used to produce not more than 150 percent of that other person’s requirements for electricity on an annual basis for the premises on which the individual system is located; and

(c) Not part of a larger system that aggregates electricity generated from renewable energy for resale or use on premises other than the premises on which the individual system is located.

Ê As used in this subsection, “renewable energy” has the meaning ascribed to it in NRS 704.7715 .

1. Persons who own, control, operate or manage a facility that supplies electricity only for use to charge electric vehicles.

2. Any plant or equipment that is used by a data center to produce, deliver or furnish electricity at agreed-upon prices for or to persons on the premises of the data center for the sole purpose of those persons storing, processing or distributing data, but only with regard to those operations which consist of providing electric service. As used in this subsection, “data center” has the meaning ascribed to it in NRS 360.754 .

[Part 7:109:1919; A 1925, 243 ; 1928, 58 ; NCL § 6106]—(NRS A 1963, 403 , 816 ;

1969, 1001 ; 1971, 725 , 1208 ;

1979, 1717 ; 1981, 661 ; 1983, 234 , 1227 ;

1985, 1017 , 2298 ;

1987, 477 , 1388 ,

1542 ;

1997, 1905 ; 2001, 346 ; 2007, 489 , 1351 ;

2009, 1201 , 1392 ;

2011, 1940 ; 2017, 1269 ; 2019, 12 , 3513 ;

2021, 3790 )

NRS 704.032

NRS

704.032

Participation of Office of Economic Development in proceedings before Commission.

The Office of Economic Development may participate in proceedings before the Public Utilities Commission of Nevada concerning a public utility in the business of supplying electricity or natural gas to advocate the accommodation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053 . The Office of Economic Development may intervene as a matter of right in a proceeding pursuant to NRS 704.736 to 704.754 , inclusive, or 704.991 .

(Added to NRS by 1993, 818 ; A 1997, 1906 ; 2011, 3483 ; 2017, 2471 )

ANNUAL ASSESSMENTS AND LICENSING FEES

NRS 704.033

NRS

704.033

Levy and collection of and limitations on annual assessment; payment of annual licensing fee by providers of commercial mobile radio service.

1. Except as otherwise provided in subsection 6, the Commission shall levy and collect an annual assessment from all public utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers subject to the jurisdiction of the Commission.

2. Except as otherwise provided in subsections 3 and 4, the annual assessment must be:

(a) For the use of the Commission, not more than 3.50 mills; and

(b) For the use of the Consumer’s Advocate, not more than 0.75 mills,

Ê on each dollar of gross operating revenue derived from the intrastate operations of such utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers in the State of Nevada. The total annual assessment must be not more than 4.25 mills.

1. The levy for the use of the Consumer’s Advocate must not be assessed against railroads.

2. The minimum assessment in any 1 year must be $100.

3. The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:

(a) Telecommunication providers, except as provided in paragraph (c), the revenue shall be deemed to be all intrastate revenues.

(b) Railroads, the revenue shall be deemed to be the revenue received only from freight and passenger intrastate movements.

(c) All public utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers, the revenue does not include the proceeds of any commodity, energy or service furnished to another public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller for resale.

1. Providers of commercial mobile radio service are not subject to the annual assessment and, in lieu thereof, shall pay to the Commission an annual licensing fee of $200.

2. “Provider of new electric resources” has the meaning ascribed to it in NRS 704B.130 .

(Added to NRS by 1963, 1113 ; A 1965, 543 ; 1969, 1001 ; 1971, 726 ; 1973, 331 , 1832 ;

1975, 907 ; 1977, 548 ; 1981, 1678 ; 1983, 531 ; 1989, 618 ; 1997, 1906 ; 2001, 1762 , 3244 ,

3272 ;

2003, 235 ; 2007, 694 ; 2009, 1393 , 2017 ;

2019, 3514 )

NRS 704.035

NRS

704.035

Annual assessment: Report on revenue; computation, payment and adjustment of assessment; fee for delinquent assessment; action for collection; transfer to Consumer’s Advocate.

1. On or before June 15 of each year, the Commission shall mail revenue report forms to all public utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers under its jurisdiction, to the address of those utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers on file with the Commission. The revenue report form serves as notice of the Commission’s intent to assess such entities, but failure to notify any such entity does not invalidate the assessment with respect thereto.

2. Each public utility, provider of new electric resources, provider of discretionary natural gas service and alternative seller subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the Commission accompanied by payment of the assessment and any fee due, pursuant to the provisions of subsection 5.

3. The assessment is due on July 1 of each year, but may, at the option of the public utility, provider of new electric resources, provider of discretionary natural gas service and alternative seller, be paid quarterly on July 1, October 1, January 1 and April 1.

4. The assessment computed by the public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller is subject to review and audit by the Commission, and the amount of the assessment may be adjusted by the Commission as a result of the audit and review.

5. Any public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a fee of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no fee may exceed $1,000 for each delinquent payment.

6. When a public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller sells, transfers or conveys substantially all of its assets or, if applicable, its certificate of public convenience and necessity or license, the Commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection, the jurisdiction of the Commission over the selling, transferring or conveying public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller continues until it has paid the assessment.

7. The Commission may bring an appropriate action in its own name for the collection of any assessment and fee which is not paid as provided in this section.

8. The Commission shall, upon collection, transfer to the Account for the Consumer’s Advocate that portion of the assessments collected which belongs to the Consumer’s Advocate.

9. “Provider of new electric resources” has the meaning ascribed to it in NRS 704B.130 .

(Added to NRS by 1963, 1113 ; A 1967, 1383 ; 1969, 1156 ; 1973, 457 , 1833 ;

1981, 1678 ; 1989, 1473 ; 1997, 1907 ; 2001, 1763 , 3244 ,

3272 ;

2003, 372 ; 2005, 1276 ; 2007, 36 ; 2019, 3515 )

GENERAL RIGHTS AND OBLIGATIONS

NRS 704.075

NRS

704.075

Separate standards for rates for natural gas supplied to generating, industrial and large commercial customers; exemption from certain provisions concerning rates.

1. As used in this section, with respect to the sale of natural gas:

(a) “Generating customer” means a customer who generates electricity by burning natural gas.

(b) “Industrial customer” means a customer engaged primarily in manufacturing or processing which changes raw or unfinished materials into another form or creates another product.

(c) “Large commercial customer” means a customer whose requirements equal or exceed 50,000 cubic feet of natural gas per day on any day and which is an institution, an agency of federal, state or local government, or engaged primarily in renting out offices or other commercial space, in providing lodging or in the sale of other goods or services.

1. The Commission shall establish standards for the setting, increase or decrease of rates for natural gas to generating, industrial and large commercial customers. These standards must authorize increases or decreases on less than 30 days’ notice. Establishing different classes of customers, and charging different rates to customers of the same class, for these customers do not violate this chapter.

2. The Commission may, for sales to generating, industrial and large commercial customers:

(a) Exempt the rates for natural gas from those provisions of NRS 704.070 , 704.100 and 704.110 that the Commission determines are not needed to protect the public interest.

(b) Authorize the establishment of different classes of customer or the charging of different rates for customers of the same class, based on value of the service and on the customer’s ability to change from one fuel to another.

(Added to NRS by 1985, 1125 ; A 2001, 3246 )

NRS 704.085

NRS

704.085

Electric utility prohibited from making change in schedule or imposing rate which requires residential customer to purchase electric service based on time of usage; exceptions.

1. Except as otherwise provided in subsection 2, an electric utility shall not make changes in any schedule or impose any rate, and the Commission shall not approve any changes in any schedule or authorize the imposition of any rate by an electric utility, which requires a residential customer to purchase electric service at a rate which is based on the time of day, day of the week or time of year during which the electricity is used or which otherwise varies based upon the time during which the electricity is used, except that the Commission may approve such a change in a schedule or authorize the imposition of such a rate if the approval or authorization is conditioned upon an election by a residential customer to purchase electric service at such a rate.

2. The provisions of subsection 1 do not apply to any changes in a schedule or rates imposed on a customer-generator.

3. As used in this section:

(a) “Customer-generator” has the meaning ascribed to it in NRS 704.768 .

(b) “Electric utility” has the meaning ascribed to it in NRS 704.187 .

(Added to NRS by 2013, 740 ; A 2015, 2149 )

NRS 704.100

NRS

704.100

Procedure for changing schedule: Approval of Commission required; filing application or letter of advice; quarterly rate adjustments for certain utilities; posting proposed, new and amended schedules; limitation on use of certain information to justify rate increase; power of Commission to dispense with hearing in certain matters; request for certain waiver by small-scale provider of last resort.

1. Except as otherwise provided in NRS 704.075 , 704.68861 to 704.68887 , inclusive, 704.7865 and 704.7867 , or as may otherwise be provided by the Commission pursuant to NRS 704.095 ,

704.097 or 704.7621 :

(a) A public utility shall not make changes in any schedule, unless the public utility:

(1) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110 ; or

(2) Files the proposed changes with the Commission using a letter of advice in accordance with the provisions of paragraph (f) or (g).

(b) A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS 704.110 based on changes in the public utility’s recorded costs of natural gas purchased for resale.

(c) An electric utility shall, between annual deferred energy accounting adjustment applications filed pursuant to NRS 704.187 , adjust its rates on a quarterly basis pursuant to subsection 10 of NRS 704.110 .

(d) A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.

(e) A public utility may not set forth as justification for a rate increase any items of expense or rate base that previously have been considered and disallowed by the Commission, unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission.

(f) Except as otherwise provided in paragraph (g), if the proposed change in any schedule does not change any rate or will result in an increase in annual gross operating revenue in an amount that does not exceed $15,000:

(1) The public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and

(2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

Ê A letter of advice filed pursuant to this paragraph must include a certification by the attorney for the public utility or an affidavit by an authorized representative of the public utility that to the best of the signatory’s knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the public utility in an amount that exceeds $15,000.

(g) If the applicant is a small-scale provider of last resort and the proposed change in any schedule will result in an increase in annual gross operating revenue in an amount that does not exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less:

(1) The small-scale provider of last resort may file the proposed change with the Commission using a letter of advice in lieu of filing an application if the small-scale provider of last resort:

(I) Includes with the letter of advice a certification by the attorney for the small-scale provider of last resort or an affidavit by an authorized representative of the small-scale provider of last resort that to the best of the signatory’s knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the small-scale provider of last resort in an amount that exceeds $50,000 or 10 percent, whichever is less;

(II) Demonstrates that the proposed change in schedule is required by or directly related to a regulation or order of the Federal Communications Commission; and

(III) Except as otherwise provided in subsection 2, files the letter of advice not later than 5 years after the Commission has issued a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110 ; and

(2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

Ê Not later than 10 business days after the filing of a letter of advice pursuant to subparagraph (1), the Regulatory Operations Staff of the Commission or any other interested party may file with the Commission a request that the Commission order an applicant to file a general rate application in accordance with subsection 3 of NRS 704.110 . The Commission may hold a hearing to consider such a request.

(h) In making the determination pursuant to paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.

1. An applicant that is a small-scale provider of last resort may submit to the Commission a written request for a waiver of the 5-year period specified in sub-subparagraph (III) of subparagraph (1) of paragraph (g) of subsection 1. The Commission shall, not later than 90 days after receipt of such a request, issue an order approving or denying the request. The Commission may approve the request if the applicant provides proof satisfactory to the Commission that the applicant is not earning more than the rate of return authorized by the Commission and that it is in the public interest for the Commission to grant the request for a waiver. The Commission shall not approve a request for a waiver if the request is submitted later than 7 years after the issuance by the Commission of a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110 . If the Commission approves a request for a waiver submitted pursuant to this subsection, the applicant shall file the letter of advice pursuant to subparagraph (1) of paragraph (g) of subsection 1 not earlier than 120 days after the date on which the applicant submitted the request for a waiver pursuant to this subsection, unless the order issued by the Commission approving the request for a waiver specifies a different period for the filing of the letter of advice.

2. As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187 .

[14:109:1919; A 1933, 228 ; 1931 NCL § 6113]—(NRS A 1971, 1117 ; 1975, 1450 ; 1979, 1718 ; 1985, 636 , 1126 ;

1987, 653 , 1694 ;

1989, 1834 ; 2001, 3246 ; 2003, 3038 ; 2005, 1919 ; 2007, 696 , 2978 ;

2011, 385 ; 2013, 197 ; 2015, 280 ; 2019, 1191 , 2314 ;

2021, 3791 )

NRS 704.110

NRS

704.110

Procedure for changing schedule: Investigation by Commission; parties; time within which Commission must act; general rate application; other applications and rate adjustments; deferred energy accounting adjustments; recovery of costs to plan, construct, retire or eliminate certain facilities.

Except as otherwise provided in NRS 704.075 , 704.68861 to 704.68887 , inclusive, and 704.7865 , or as may otherwise be provided by the Commission pursuant to NRS 704.095 ,

704.097 or 704.7621 :

1. If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumer’s Advocate shall be deemed a party of record.

2. Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.

3. If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:

(a) An electric utility that primarily serves less densely populated counties shall file a general rate application:

(1) Not later than 5 p.m. on or before the first Monday in June 2019; and

(2) At least once every 36 months thereafter or on a date specified in an alternative rate-making plan approved by the Commission pursuant to NRS 704.7621 .

(b) An electric utility that primarily serves densely populated counties shall file a general rate application:

(1) Not later than 5 p.m. on or before the first Monday in June 2020; and

(2) At least once every 36 months thereafter or on a date specified in an alternative rate-making plan approved by the Commission pursuant to NRS 704.7621 .

(c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

(d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

Ê The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.

1. In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:

(a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

(b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.

1. If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.

2. If a public utility files with the Commission a general rate application, the public utility, or a public utility affiliated with the public utility through common ownership, shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility or its affiliate is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit a public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or 10, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application pursuant to NRS 704.187 , if the public utility is otherwise authorized to so file by those provisions.

3. A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:

(a) An electric utility which is required to adjust its rates on a quarterly basis pursuant to subsection 10; or

(b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis pursuant to subsection 8.

1. A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utility’s recorded costs of natural gas purchased for resale. A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of a public utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 2.5 cents per therm of natural gas. If the balance of the public utility’s deferred account varies by less than 5 percent from the public utility’s annual recorded costs of natural gas which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per therm of natural gas.

2. If the Commission approves a request to make any rate adjustments on a quarterly basis pursuant to subsection 8:

(a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320

or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customer’s regular monthly bill or by electronic transmission pursuant to NRS 704.188 . The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a). The written notice required by this paragraph:

(1) Must be printed separately, if included with the customer’s regular monthly bill, or the subject line of the electronic transmission must indicate that notice of a quarterly rate adjustment is included, if provided by electronic transmission pursuant to NRS 704.188 ; and

(2) Must include the following in clear and bold text:

(I) The total amount of the increase or decrease in the public utility’s revenues from the rate adjustment, stated in dollars and as a percentage;

(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;

(IV) A statement that the transactions and recorded costs of natural gas which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual rate adjustment application pursuant to paragraph (d); and

(V) Any other information required by the Commission.

(c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to

NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of natural gas included in each quarterly filing and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.

(e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.

1. An electric utility shall adjust its rates on a quarterly basis based on changes in the electric utility’s recorded costs of purchased fuel or purchased power. In addition to adjusting its rates on a quarterly basis, an electric utility may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of an electric utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 0.25 cents per kilowatt-hour of electricity. If the balance of the electric utility’s deferred account varies by less than 5 percent from the electric utility’s annual recorded costs for purchased fuel or purchased power which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per kilowatt-hour of electricity.

2. A quarterly rate adjustment filed pursuant to subsection 10 is subject to the following requirements:

(a) The electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. The first quarterly adjustment to a deferred energy accounting adjustment must be made pursuant to an order issued by the Commission approving the application of an electric utility to make quarterly adjustments to its deferred energy accounting adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320

or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(b) The electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customer’s regular monthly bill or by electronic submission pursuant to NRS 704.188 . The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice required by this paragraph:

(1) Must be printed separately, if included with the customer’s regular monthly bill, or the subject line of the electronic transmission must indicate that notice of a quarterly rate adjustment is included, if provided by electronic transmission pursuant to NRS 704.188 ; and

(2) Must include the following in clear and bold text:

(I) The total amount of the increase or decrease in the electric utility’s revenues from the rate adjustment, stated in dollars and as a percentage;

(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;

(IV) A statement that the transactions and recorded costs of purchased fuel or purchased power which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual deferred energy accounting adjustment application pursuant to paragraph (d); and

(V) Any other information required by the Commission.

(c) The electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(d) The proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of purchased fuel and purchased power included in each quarterly filing and the annual deferred energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.

(e) The Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.

1. If an electric utility files an annual deferred energy accounting adjustment application pursuant to subsection 11 and

NRS 704.187 while a general rate application is pending, the electric utility shall:

(a) Submit with its annual deferred energy accounting adjustment application information relating to the cost of service and rate design; and

(b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

1. A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto, or the retirement or elimination of a utility facility identified in an emissions reduction and capacity replacement plan submitted pursuant to NRS 704.7316

and accepted by the Commission for retirement or elimination pursuant to NRS 704.751 and the regulations adopted pursuant thereto, shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing, or retiring or eliminating, as applicable, such a facility. For the purposes of this subsection, a plan or an amendment to a plan shall be deemed to be accepted by the Commission only as to that portion of the plan or amendment accepted as filed or modified with the consent of the utility pursuant to NRS 704.751 .

1. In regard to any rate or schedule approved or disapproved pursuant to this section, the Commission may, after a hearing:

(a) Upon the request of the utility, approve a new rate but delay the implementation of that new rate:

(1) Until a date determined by the Commission; and

(2) Under conditions as determined by the Commission, including, without limitation, a requirement that interest charges be included in the collection of the new rate; and

(b) Authorize a utility to implement a reduced rate for low-income residential customers.

1. The Commission may, upon request and for good cause shown, permit a public utility which purchases natural gas for resale or an electric utility to make a quarterly adjustment to its deferred energy accounting adjustment in excess of the maximum allowable adjustment pursuant to subsection 8 or 10.

2. A public utility which purchases natural gas for resale or an electric utility that makes quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 8 or 10 may submit to the Commission for approval an application to discontinue making quarterly adjustments to its deferred energy accounting adjustment and to subsequently make annual adjustments to its deferred energy accounting adjustment. The Commission may approve an application submitted pursuant to this subsection if the Commission finds that approval of the application is in the public interest.

3. As used in this section:

(a) “Deferred energy accounting adjustment” means the rate of a public utility which purchases natural gas for resale or an electric utility that is calculated by dividing the balance of a deferred account during a specified period by the total therms or kilowatt-hours which have been sold in the geographical area to which the rate applies during the specified period, not including kilowatt-hours sold pursuant to an expanded solar access program established pursuant to NRS 704.7865 .

(b) “Electric utility” has the meaning ascribed to it in NRS 704.187 .

(c) “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 700,000 or more than it does from customers located in counties whose population is less than 700,000.

(d) “Electric utility that primarily serves less densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 700,000 than it does from customers located in counties whose population is 700,000 or more.

[Part 14:109:1919; A 1933, 228 ; 1931 NCL § 6113]—(NRS A 1969, 998 ; 1975, 1451 , 1559 ;

1977, 482 ; 1979, 1106 , 1719 ;

1983, 240 ; 1985, 636 , 1127 ;

1989, 1012 , 1835 ;

1991, 776 ; 1997, 1908 ; 1999, 3261 ; 2001, 347 , 3247 ;

2003, 3039 ; 2005, 1277 , 1920 ;

2007, 490 , 545 ,

552 ,

697 ,

2979 ;

2009, 610 , 1394 ,

2471 ;

2011, 386 , 1302 ;

2013, 3077 ; 2015, 1087 ; 2019, 1193 , 2316 ;

2021, 412 ; 2023, 3030 )

NRS 704.120

NRS

704.120

Commission may substitute just and reasonable rates, regulations, practices or services after investigation and hearing; exceptions.

1. If, upon any hearing and after due investigation, the rates, tolls, charges, schedules or joint rates shall be found to be unjust, unreasonable or unjustly discriminatory, or to be preferential, or otherwise in violation of any of the provisions of this chapter, the Commission shall have the power to fix and order substituted therefor such rate or rates, tolls, charges or schedules as shall be just and reasonable.

2. If it shall in like manner be found that any regulation, measurement, practice, act or service complained of is unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of the provisions of this chapter, or if it be found that the service is inadequate, or that any reasonable service cannot be obtained, the Commission shall have the power to substitute therefor such other regulations, measurements, practices, service or acts and make such order relating thereto as may be just and reasonable.

3. When complaint is made of more than one rate, charge or practice, the Commission may, in its discretion, order separate hearings upon the several matters complained of and at such times and places as it may prescribe.

4. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.

5. The Commission may at any time, upon its own motion, investigate any of the rates, tolls, charges, rules, regulations, practices and service, and, after a full hearing as above provided, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.

6. The

provisions of this section do not apply to a competitive supplier, except that a competitive supplier that is an incumbent local exchange carrier is subject to the provisions of this section with regard to:

(a) The provision of basic network service until January 1, 2012; and

(b) Any general rate application filed by the competitive supplier pursuant to paragraph (b) of subsection 2 of NRS 704.68877 . If the competitive supplier files such a general rate application, the general rate case proceeding must be conducted by the Commission in accordance with this section and

NRS 704.110 .

1. Nothing in this chapter shall be construed to prohibit the Commission from authorizing an electric utility to provide reduced rates to low-income customers upon a hearing and after due investigation.

[27:109:1919; 1919 RL p. 3163; NCL § 6127]—(NRS A 2007, 701 ; 2009, 616 )

NRS 704.175

NRS

704.175

Compliance with standards for electrical construction; inspection; exemption.

1. Except as provided in subsection 2, any public utility which installs or modifies any electrical supply line in any building or facility which it owns or operates, if the building or facility is open and accessible to the general public, shall perform such installation or modification as if the National Electrical Code adopted by the National Fire Protection Association applied to such work, and any local government which regulates electrical construction shall inspect such work within its jurisdiction for compliance with this section.

2. Communication equipment and related apparatus are exempted from the provisions of subsection 1 only if the equipment and apparatus are owned, installed, operated and maintained by a telecommunication provider under the jurisdiction of the Commission.

(Added to NRS by 1977, 1493 ; A 2007, 701 )

NRS 704.183

NRS

704.183

Examination of certain public utilities.

1. The Commission may order an examination of the condition and management of any public utility under its jurisdiction which is a telephone company, electric light, heat and power company or a natural gas company.

2. The Commission and the public utilities shall establish, and revise annually, a list of not less than 20 persons qualified to conduct such examinations.

3. If an examination is ordered:

(a) The public utility shall select a person to conduct the examination from such list; and

(b) The Commission, the public utility and the person selected shall determine the manner, scope and cost of the examination and the content and form of reports issued at the conclusion of the examination.

1. Except where the Commission, after a hearing, determines that an examination of a public utility is in the public interest, the Commission shall not order an examination if a prior examination has been conducted within the preceding 5 years.

2. The costs of an examination are allowable expenses of the public utility for the purpose of rate making.

(Added to NRS by 1977, 1375 ; A 1985, 2050 )

NRS 704.1835

NRS

704.1835

Commission required to adopt or amend regulations relating to termination of utility service for gas, water or electricity.

1. For the purposes of protecting the health of residential customers who receive gas, water or electricity from public utilities, the Commission shall adopt or amend regulations that:

(a) Establish the criteria that will be used to determine when a public utility is required to postpone its termination of utility service to the residence of a residential customer who has failed to pay for such service. Such criteria may be based in part upon the residential customer’s ability to pay.

(b) Require a public utility to postpone its termination of utility service to the residence of a residential customer who has failed to pay for such service if the residential customer satisfies the criteria established by the Commission and termination of the utility service is reasonably likely to threaten the health of an occupant of the residence of the residential customer.

1. In addition to the regulations adopted pursuant to subsection 1, for the purposes of regulating public utilities that provide gas, water or electricity to landlords who pay for the utility service and who distribute or resell the gas, water or electricity to one or more residential tenants, the Commission shall adopt or amend regulations to require a public utility to use its best efforts to post, in a conspicuous location, notice of the intent of the public utility to terminate utility service because the landlord has failed to pay for such service. Such notice must provide sufficient information to allow residential tenants or their occupants to contact the public utility if termination of the utility service is reasonably likely to threaten the health of an occupant of the residence of a residential tenant.

2. A public utility shall not terminate utility service for gas, water or electricity without complying with the regulations adopted by the Commission pursuant to this section.

3. As used in this section:

(a) “Gas” includes, without limitation, liquefied petroleum gas and natural gas.

(b) “Landlord” means a landlord who is subject, in whole or in part, to the provisions of chapter 118A or 118B of NRS.

(Added to NRS by 2001, 3242 )

DEFERRED ACCOUNTING

NRS 704.187

NRS

704.187

Use of deferred accounting by certain electric utilities; procedure; limitations.

1. An electric utility that:

(a) Purchases fuel or power shall use deferred accounting by recording upon its books and records in deferred accounts all increases and decreases in costs for purchased fuel and purchased power that are prudently incurred by the electric utility.

(b) Pursuant to NRS 704.752 is approved by the Commission to charge a just and reasonable price for the electricity generated by a renewable energy facility shall use deferred accounting in accordance with the regulations adopted by that section.

1. An electric utility using deferred accounting:

(a) Pursuant to paragraph (a) of subsection 1 shall include in its annual report to the Commission a statement showing, for the period of recovery, the allocated rate of return for each of its operating departments in this State using deferred accounting.

(b) Pursuant to paragraph (b) of subsection 1 shall include in its annual report to the Commission any information that is required to be included in the annual report by the regulations adopted pursuant to NRS 704.752 .

1. Except as otherwise provided in this section, an electric utility using deferred accounting shall file an annual deferred energy accounting adjustment application on or before March 1, 2008, and on or before March 1 of each year thereafter.

2. An electric utility that purchases fuel or power and has received approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 10 of NRS 704.110 is not eligible to request an adjustment to its deferred energy accounting adjustment in its annual deferred energy accounting adjustment application.

3. An electric utility that, pursuant to NRS 704.752 , is approved by the Commission to charge a just and reasonable price for the electricity generated by a renewable energy facility shall file deferred energy accounting adjustments in accordance with the regulations adopted pursuant to NRS 704.752 .

4. As used in this section:

(a) “Annual deferred energy accounting adjustment application” means an application filed by an electric utility pursuant to this section and subsection 11 of NRS 704.110 .

(b) “Costs for purchased fuel and purchased power” means all costs which are prudently incurred by an electric utility and which are required to purchase fuel, to purchase capacity and to purchase energy. The term does not include any costs that the Commission determines are not recoverable pursuant to subsection 11 of NRS 704.110 .

(c) “Electric utility” means any public utility or successor in interest that:

(1) Is in the business of providing electric service to customers;

(2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and

(3) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this State.

Ê The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

(d) “Renewable energy facility” has the meaning ascribed to it in NRS 704.7315 .

(Added to NRS by 2001, 345 ; A 2005, 1279 , 1924 ;

2007, 2985 ; 2011, 393 ; 2019, 13 )

NOTICES; REPORTS; RECORDS

NRS 704.223

NRS

704.223

Purchase or transmission of electricity to certain businesses to reduce overall cost of electricity to business: Authorization; additional facilities; agreement; terms and conditions.

1. If a business with a new industrial load has been certified by the Office of Economic Development pursuant to NRS 231.139 , the Public Utilities Commission of Nevada may authorize a public utility that furnishes electricity for the business to purchase or transmit a portion of the electricity provided to the business to reduce the overall cost of the electricity to the business. The purchases of electricity may be made by the business with the new industrial load, by agreement between the public utility and the business or by the public utility on behalf of the business, and must be made in accordance with such rates, terms and conditions as are established by the Public Utilities Commission of Nevada.

2. If additional facilities are determined by the affected utility to be required as the result of authorization granted pursuant to subsection 1, the facilities must be constructed, owned and operated by the affected utility. The business must agree as a condition to the authorization granted pursuant to subsection 1 to continue its business in operation in Nevada for 30 years. The agreement must require appropriate security for the reimbursement of the utility for the remaining portion of the value of the facilities which has not been depreciated by the utility and will not be mitigated by use of the facilities for other customers in the event that the business, or its successor in interest, does not remain in operation for 30 years.

3. Nothing in this section authorizes the Federal Energy Regulatory Commission to order the purchase or transmittal of electricity in the manner described in subsection 1.

4. All of the rules, regulations and statutes pertaining to the Public Utilities Commission of Nevada and public utilities apply to actions taken pursuant to this section.

5. Any authorization granted by the Public Utilities Commission of Nevada pursuant to this section must include such terms and conditions as the Commission determines are necessary to ensure that the rates or charges assessed to other customers of the public utility do not subsidize the cost of providing service to the business.

(Added to NRS by 1993, 817 ; A 1997, 1910 ; 2011, 3483 )

NRS 704.225

NRS

704.225

Regulations requiring lower rates for electricity for irrigation pumps: Interruptible service.

1. The Commission shall by regulation require each public utility which furnishes electricity to provide lower rates for electricity for irrigation pumps under a schedule which:

(a) Will be applied:

(1) From March 1 to October 31, inclusive; and

(2) If the customer concedes to the utility a right to interrupt services to the customer’s irrigation pumps under conditions established by the utility and approved by the Commission.

(b) Provides for a maximum rate for interruptible service per kilowatt-hour of electricity used. The rate must be determined by dividing the sum of the lowest charge per kilowatt-hour offered by each public utility and each cooperative association under any of its rate schedules applicable to its residential, commercial or industrial customers or members in Nevada by the total number of public utilities and cooperative associations which furnish electricity in this State. No charges may be included for minimum billings or costs relating to standby, customers or demand. A public utility or cooperative association shall provide such information as is necessary for the Commission to determine the maximum rate for interruptible service pursuant to this section.

1. As used in this section:

(a) “Cooperative association” means a cooperative association, nonprofit cooperation or association or any other provider of services described in this chapter that supplies those services for the use of its members; and

(b) “Public utility” includes a municipal utility as defined in NRS 702.060 .

(Added to NRS by 1981, 1152 ; A 1987, 22 ; 2007, 2867 )

NRS 704.250

NRS

704.250

Powers of Commission: Standards for maintenance, use and operation of electric poles, wires, cables and appliances.

The Commission is authorized and directed to prescribe the standards for the maintenance, use and operation of electric poles, wires, cables and appliances of all public utilities within the State engaged in the business of furnishing electric power, light and energy.

[Part 13:109:1919; A 1931, 320 ; 1955, 421 ]

NRS 704.280

NRS

704.280

Powers of Commission: Regulation of lines and tracks; regulations; safety devices.

The Commission may:

1. Regulate the manner in which power and telephone lines, pipelines and the tracks of any street, steam or electric railroad or other common carrier cross or connect with any other such lines or common carriers.

2. Prescribe such regulations and safety devices, respectively, as may be necessary for the purpose of securing adequate service and for the protection of the public.

[Part 18:109:1919; A 1925, 243 ; 1929, 73 ; NCL § 6117]—(NRS A 1963, 813 ; 1981, 155 ; 2013, 1947 )

NRS 704.320

NRS

704.320

Purchase of surplus water or electric current by public utility for resale; application filed with Commission; approval of application; seller not deemed public utility.

1. Every person, company, corporation or association which is engaged in business in this state as a public utility shall have, and is hereby given, the right to purchase water or electric current for its use as such public utility from any other person or corporation having for sale a surplus of such water or electric current.

2. Any public utility desiring to purchase such water or electric current for resale or for purposes other than its own use shall file an application with the Commission, setting forth:

(a) The terms and conditions of the proposed purchase of such electric current or water.

(b) The person or corporation from whom such purchase is proposed to be made.

(c) The duration of the contract to purchase.

(d) Such other information relative thereto and in the possession of the applicant as the Commission shall prescribe.

1. If the Commission shall find it desirable in the public interest that the purchase be made, it shall approve the application, and upon approval the public utility may make and execute the contract of purchase.

2. The person or corporation selling such water or electric current to the public utility under the contract approved by the Commission shall not thereby become, or be deemed to be, a public utility within the meaning of any statute of this state, nor shall it by virtue of such contract be deemed to be within or subject to the jurisdiction of the Commission in any respect whatsoever, nor shall it thereby be deemed to be in any sense a public service corporation, or engaged in a public service.

3. The terms and provisions of this section shall be taken and considered to be a part of any such contract, and the faith of the State of Nevada is hereby pledged against any alteration, amendment or repeal of this section during the existence of any such contract, or any extension thereof, approved by the Commission.

[1:103:1921; NCL § 6147] + [2:103:1921; NCL § 6148] + [3:103:1921; NCL § 6149]

STOCKS AND SECURITY TRANSACTIONS

NRS 704.323

NRS

704.323

Issuance of security or assumption of obligation by privately owned public utility subject to authorization by Commission; exceptions.

1. No privately owned public utility organized under the laws of and operating in the State of Nevada shall issue any security, or assume any obligation as guarantor, endorser, surety or otherwise, in respect of any security of any other person, firm or corporation, unless and until, and only to the extent, authorized by a written order of the Commission.

2. The provisions of subsection 1 shall not apply to the issue or renewal of, or assumption of liability on, a note or draft maturing not more than 1 year after the date of such issue, renewal or assumption of liability, but in the case of privately owned electric or combination electric utilities subject to the jurisdiction of the Commission the provisions of subsection 1 shall apply to all security issues, or renewals or assumption of obligations as guarantor, endorser, surety or otherwise, having a maturity of 1 year or less where the combined sum of such security issues, renewals or assumptions exceeds $1,000,000 or 5 percent of the par value of the other securities of the public utility then outstanding. In case of securities having no par value the par value for purposes of this subsection shall be the fair market value as of the date of issue of the privately owned or combination electric utilities, whichever sum is greater.

(Added to NRS by 1957, 444 ; A 1965, 1011 )

NRS 704.370

NRS

704.370

Issuance or refusal of certificate: Terms and conditions; hearing required for certain applications; power of Commission to dispense with hearing for certain applications.

1. The Commission shall have the power, after hearing, to issue or refuse such certificate of public convenience, or to issue it for the construction of a portion only of the contemplated line, plant or systems, or extension thereof, and may attach thereto such terms and conditions as, in its judgment, the public convenience and necessity may require.

2. Except as otherwise provide in subsection 3, the Commission, in its discretion and after investigation, may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the application has been filed by or on behalf of any interested person.

3. The Commission shall not dispense with the hearing on the application of an electric utility.

[Part 36 1/2:109:1919; A 1925, 243 ; 1947, 743 ; 1955, 407 ]—(NRS A 1963, 814 ; 2001, 350 )

NRS 704.390

NRS

704.390

Discontinuance, modification or restriction of service: Authorization of Commission required; hearing required for certain applications; power of Commission to dispense with hearing for certain applications.

1. Except as otherwise provided in NRS 704.68861 to 704.68887 , inclusive, it is unlawful for any public utility to discontinue, modify or restrict service to any city, town, municipality, community or territory theretofore serviced by it, except upon 30 days’ notice filed with the Commission, specifying in detail the character and nature of the discontinuance or restriction of the service intended, and upon order of the Commission, made after hearing, permitting such discontinuance, modification or restriction of service.

2. Except as otherwise provided in subsection 3, the Commission, in its discretion and after investigation, may dispense with the hearing on the application for discontinuance, modification or restriction of service if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the application has been filed by or on behalf of any interested person.

3. The Commission shall not dispense with the hearing on the application of an electric utility.

[Part 36 1/2:109:1919; A 1925, 243 ; 1947, 743 ; 1955, 407 ]—(NRS A 1963, 815 ; 1969, 1159 ; 2001, 350 ; 2007, 704 ; 2021, 1748 )

NRS 704.410

NRS

704.410

Transfer of certificate: Authorization of Commission required; hearing required for certain transfers; power of Commission to dispense with hearing for certain transfers; factors considered; effectiveness of certificate after transfer.

1. Any public utility subject to the provisions of NRS 704.001 to 704.7595 , inclusive, to which a certificate of public convenience and necessity has been issued pursuant to NRS 704.001 to 704.7595 , inclusive, may transfer the certificate to any person qualified under NRS 704.001 to 704.7595 , inclusive. Such a transfer is void and unenforceable and is not valid for any purpose unless:

(a) A joint application to make the transfer has been made to the Commission by the transferor and the transferee or the transfer is incident to a transaction that is subject to an application under NRS 704.329 approved by the Commission; and

(b) The Commission has authorized the substitution of the transferee for the transferor. If the transferor is an electric utility, the Commission shall not authorize the transfer unless the transfer complies with the provisions of NRS 704.7561 to 704.7595 , inclusive.

1. The Commission:

(a) Shall conduct a hearing on a transfer involving an electric utility. The hearing must be noticed and conducted in the same manner as other contested hearings before the Commission.

(b) May direct that a hearing be conducted on a transfer involving any other public utility. If the Commission determines that such a hearing should be held, the hearing must be noticed and conducted in the same manner as other contested hearings before the Commission. The Commission may dispense with such a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.

1. In determining whether the transfer of a certificate of public convenience and necessity to an applicant transferee should be authorized, the Commission must take into consideration:

(a) The utility service performed by the transferor and the proposed utility service of the transferee;

(b) Other authorized utility services in the territory for which the transfer is sought;

(c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS 704.001 to 704.7595 , inclusive; and

(d) Whether the transfer will be in the public interest.

1. The Commission may make such amendments, restrictions or modifications in a certificate upon transferring it as the public interest requires.

2. No transfer is valid beyond the life of the certificate transferred.

[Part 36 1/2:109:1919; A 1925, 243 ; 1947, 743 ; 1955, 407 ]—(NRS A 1963, 815 ; 1969, 1159 ; 1971, 1118 ; 1985, 316 ; 1989, 727 ; 1997, 3042 ; 2001, 350 ; 2007, 704 )

VALUATION OF PROPERTY

NRS 704.638

NRS

704.638

Unlawful to post sign on device of public utility used to support line for telephone or electricity.

It is unlawful for any person to post any advertising sign, display or device, including a temporary political sign, on any pole, support or other device of a public utility which is used to support a telephone or electric transmission line.

(Added to NRS by 1979, 436 ; A 2013, 1948 )

NRS 704.669

NRS

704.669

Regulation of sale of geothermal energy to public; system of operating permits.

1. Except as otherwise provided in subsection 2, every corporation or other person who sells geothermal energy to the public is affected with a public interest, is a public utility and is subject to the jurisdiction and control of the Commission. The authority of the Commission to regulate such persons is limited to the authority granted by this section and NRS 704.033 and 704.035 .

2. This section does not apply to any corporation or other person described in subsection 4 of NRS 704.021 or to any political subdivision of the State authorized to sell energy to the public.

3. The Commission shall adopt just and reasonable regulations governing the sale of energy from geothermal resources to the public. The regulations must provide for a system of operating permits which:

(a) May not be denied because the area which the applicant proposes to serve is already being served by a gas or electric utility.

(b) May not convey an exclusive right to supply geothermal energy in the area which the applicant proposes to serve.

(c) Specify in each case the geographic area in which the applicant reasonably can provide the services authorized in the permit.

(d) Require the applicant to enter into a contract with each customer served by the utility. The form and scope of the contract must be subject to review and approval of the Commission. The contract must specify at least:

(1) The period of time during which service will be provided. The contract must provide for a period of at least 3 years unless such a provision is expressly waived by the customer.

(2) The rates or the formula for determining rates to be charged during the term of the contract.

(3) That the utility will submit to binding arbitration, pursuant to chapter 38 of NRS, matters relating to damages suffered by the customer as a result of a disruption in service and that in any such arbitration, the utility is liable for damages unless it establishes that the disruption was caused by circumstances beyond its control, or another affirmative defense, or establishes that it was not negligent.

1. Before issuing an operating permit the Commission must find that:

(a) The applicant is fit, willing and able to provide the services authorized in the permit.

(b) The applicant has tested the geothermal reservoir to determine whether it appears to be capable of providing sufficient energy to supply the intended uses.

(c) The system which the applicant intends to use to produce and distribute the heat meets appropriate standards.

1. The Commission has continuing authority to regulate the utilities described in this section to ensure that each utility adheres to the conditions set forth in its operating permit and that the utility provides adequate services.

(Added to NRS by 1981, 660 ; A 1997, 1912 )

COOPERATIVE ASSOCIATIONS, NONPROFIT CORPORATIONS AND ASSOCIATIONS AND OTHER SIMILAR ENTITIES

NRS 704.68887

NRS

704.68887

Anticompetitive acts and unlawful discrimination prohibited.

In exercising flexibility in the rates, pricing, terms and conditions of any telecommunication service, a competitive supplier that is an incumbent local exchange carrier shall not engage in any anticompetitive act or practice or unlawfully discriminate among similarly situated customers.

(Added to NRS by 2007, 692 )

ELECTRIC SERVICE

Conversion of Certain Generation Facilities

NRS 704.701

NRS

704.701

Definitions.

As used in NRS 704.701 to 704.731 , inclusive, unless the context otherwise requires:

1. “Coal” includes anthracite, bituminous or subbituminous coal, and lignite.

2. “Cost of the conversion” means the cost determined by the Commission to be reasonable and necessary for a conversion, including the cost of:

(a) Engineering, administration and any legal expenses;

(b) Environmental studies and control equipment;

(c) Equipment and facilities for the handling, storage and combustion of coal;

(d) Equipment and facilities for the handling, storage and disposal of the resulting waste, regardless of their location;

(e) Adapting or refurbishing boilers to permit the combustion of coal; and

(f) Interest and other expenses relating to the financing of the conversion,

Ê whether or not those costs are incurred before the date of initial conversion. The term does not include any costs incurred to expand the facility’s generating capacity during the conversion.

1. “Cost saved” means the difference in cost between an amount of coal and an equal amount of gas or oil calculated on the basis of British thermal units.

2. “Date of initial conversion” means the first day on which an existing facility for the generation of electricity which was fired by gas or oil generates electricity for continuous distribution to customers by the combustion of coal, whether or not additional work must be performed to complete construction on or the conversion of the facility.

(Added to NRS by 1983, 751 )

NRS 704.706

NRS

704.706

Conversion of facility to allow firing by coal: Application for adjustment of rates; public hearing.

1. A public utility proposing to convert an existing facility in this state for the generation of electricity which is fired by gas or oil to a facility which is also capable of being fired by coal may apply to the Commission for an adjustment in its rates to permit its recovery of the cost of the conversion.

2. After receipt of such an application, the Commission shall hold a public hearing within 120 days to consider whether to authorize such an adjustment and, if authorized, the methods to be used to permit the recovery.

(Added to NRS by 1983, 752 )

NRS 704.731

NRS

704.731

Faith of State pledged.

The faith of the State is hereby pledged that NRS 704.701 to 704.731 , inclusive, will not be repealed, amended or modified to impair any tariff or charge ordered by the Commission pursuant to those sections.

(Added to NRS by 1983, 753 )

Reduction of Emissions From Coal-Fired Electric Generating Plants

NRS 704.7315

NRS

704.7315

“Renewable energy facility” defined.

“Renewable energy facility” means an electric generating facility that uses renewable energy to produce electricity. As used in this section, “renewable energy” has the meaning ascribed to it in NRS 704.7715 .

(Added to NRS by 2013, 3074 ; A 2019, 14 )

NRS 704.7316

NRS

704.7316

Comprehensive plan for reduction of emissions from coal-fired electric generating plants and increased capacity from renewable energy facilities and other electric generating plants; contents and requirements.

1. An electric utility shall file with the Commission, as part of the plan required to be submitted pursuant to NRS 704.741 , a comprehensive plan for the reduction of emissions from coal-fired electric generating plants and the replacement of the capacity of such plants with increased capacity from renewable energy facilities and other electric generating plants.

2. The emissions reduction and capacity replacement plan must provide:

(a) For the retirement or elimination of:

(1) Not less than 300 megawatts of coal-fired electric generating capacity on or before December 31, 2014;

(2) In addition to the generating capacity retired or eliminated pursuant to subparagraph (1), not less than 250 megawatts of coal-fired electric generating capacity on or before December 31, 2017; and

(3) In addition to the generating capacity retired or eliminated pursuant to subparagraphs (1) and (2), not less than 250 megawatts of coal-fired electric generating capacity on or before December 31, 2019.

Ê For the purposes of this paragraph, the generating capacity of a coal-fired electric generating plant must be determined by reference to the most recent resource plan filed by the electric utility pursuant to NRS 704.741 and accepted by the Commission pursuant to NRS 704.751 .

(b) Except as otherwise provided in subparagraphs (3) and (7), for the construction or acquisition of, or contracting for, 350 megawatts of electric generating capacity from renewable energy facilities. The electric utility shall:

(1) Issue a request for proposals for 100 megawatts of electric generating capacity from new renewable energy facilities on or before December 31, 2014;

(2) In addition to the request for proposals issued pursuant to subparagraph (1), issue a request for proposals for 100 megawatts of electric generating capacity from new renewable energy facilities on or before December 31, 2015;

(3) In addition to the requests for proposals issued pursuant to subparagraphs (1) and (2), and upon a determination by the Commission that the electric utility has satisfactorily demonstrated a need for such electric generating capacity, issue a request for proposals for not more than 100 megawatts of electric generating capacity from new renewable energy facilities;

(4) Review each proposal received pursuant to subparagraphs (1), (2) and (3) and identify those renewable energy facilities that will provide:

(I) The greatest economic benefit to this State;

(II) The greatest opportunity for the creation of new jobs in this State; and

(III) The best value to customers of the electric utility;

(5) Negotiate, in good faith, to construct, acquire or contract with the renewable energy facilities identified pursuant to subparagraph (4), and file with the Commission an amendment to the plan each time the utility wishes to construct, acquire or contract with such facilities;

(6) Begin, on or before December 31, 2017, the construction or acquisition of a portion of new renewable energy facilities with a generating capacity of approximately 15 megawatts to be owned and operated by the electric utility, and complete construction of such facilities on or before December 31, 2021; and

(7) After June 10, 2015, upon a determination by the Commission that the electric utility has satisfactorily demonstrated a need for such electric generating capacity, begin the construction or acquisition of new renewable energy facilities with a generating capacity of not more than 35 megawatts to be owned and operated by the electric utility.

Ê For the purposes of this paragraph, the generating capacity of a renewable energy facility must be determined by the nameplate capacity of the facility.

(c) For the electric utility to construct or acquire and own electric generating plants with an electric generating capacity of 496 megawatts, which must be constructed or acquired to replace, in an orderly and structured manner, the coal-fired electric generating capacity retired or eliminated pursuant to paragraph (a).

(d) After June 10, 2015, upon a determination by the Commission that the electric utility has satisfactorily demonstrated a need for such electric generating capacity, for the electric utility to construct or acquire and own electric generating plants with an electric generating capacity of not more than 54 megawatts, which must be constructed or acquired to replace, in an orderly and structured manner, the coal-fired electric generating capacity retired or eliminated pursuant to paragraph (a).

(e) If the plan includes the construction or acquisition of one or more natural gas-fired electric generating plants, a strategy for the commercially reasonable physical procurement of fixed-price natural gas by the electric utility.

(f) A plan for tracking and specifying the accounting treatment for all costs associated with the decommissioning of the coal-fired electric generating plants identified for retirement or elimination.

Ê For the purposes of this subsection, an electric utility shall be deemed to own, acquire, retire or eliminate only its pro rata portion of any electric generating facility that is not wholly owned by the electric utility and, except as otherwise provided in paragraph (b), “capacity” means an amount of firm electric generating capacity used by the electric utility for the purpose of preparing a plan filed with the Commission pursuant to NRS 704.736 to 704.754 , inclusive.

1. In addition to the requirements for an emissions reduction and capacity replacement plan set forth in subsection 2, the plan may include additional utility facilities, electric generating plants, elements or programs necessary to carry out the plan, including, without limitation:

(a) The construction of natural gas pipelines necessary for the operation of any new natural gas-fired electric generating plants included in the plan;

(b) Entering into contracts for the transportation of natural gas necessary for the operation of any natural gas-fired electric generating plants included in the plan; and

(c) The construction of transmission lines and related infrastructure necessary for the operation or interconnection of any electric generating plants included in the plan.

(Added to NRS by 2013, 3074 ; A 2015, 3654 )

NRS 704.7317

NRS

704.7317

Electric utility required to record certain amounts in regulatory asset.

An electric utility shall, upon the completion of construction or acquisition of any electric generating plant or other facility constructed or acquired pursuant to an emissions reduction and capacity replacement plan accepted by the Commission pursuant to NRS 704.751 , begin recording in a regulatory asset, with carrying charges, an amount that reflects a return on the electric utility’s investment in the facility, depreciation of the utility’s investment in the facility and the cost of operating and maintaining the facility.

(Added to NRS by 2013, 3076 )

NRS 704.7318

NRS

704.7318

Sites used for production of electricity from coal-fired electric generating plant, natural gas electric generating plant or renewable energy facility: Remediation or reuse; regulation of emissions from electric generating plants constructed on certain sites.

1. To ensure the remediation and, when possible, the reuse of any site used for the production of electricity from a coal-fired electric generating plant, natural gas electric generating plant or renewable energy facility in this State, the Division of Environmental Protection of the State Department of Conservation and Natural Resources has exclusive jurisdiction to supervise and regulate the remediation of such sites, including, without limitation, exclusive authority to regulate and supervise the remediation of surface water and groundwater and solid-waste disposal operations located at such a site.

2. The Division of Environmental Protection has exclusive authority to regulate emissions from any electric generating plant constructed on a site previously used for the production of electricity from a coal-fired electric generating plant.

(Added to NRS by 2013, 3076 ; A 2015, 2215 )

NRS 704.7319

NRS

704.7319

General rate proceedings filed before June 1, 2018, which include request to recover certain costs.

If, in any general rate proceeding filed by an electric utility before June 1, 2018, the utility includes a request for recovery of any amount related to the implementation of an emissions reduction and capacity replacement plan and recovery of such an amount would result in an increase in the electric utility’s total revenue requirement of more than 5 percent, the utility must propose a method or mechanism by which such excess may be mitigated. The Commission may accept or reject such a rate method or mechanism. If the mitigation method or mechanism is approved by the Commission, the utility shall record any deferred revenue in a regulatory asset account and may calculate carrying charges on the unamortized balance of the regulatory asset.

(Added to NRS by 2013, 3076 )

NRS 704.732

NRS

704.732

Amendment to utility’s emissions reduction and capacity replacement plan required when utility requests approval and acceptance by Commission of contract with new renewable energy facility.

1. An electric utility shall file with the Commission an amendment to the utility’s emissions reduction and capacity replacement plan each time the utility requests approval and acceptance by the Commission of any contract with a new renewable energy facility as the result of a request for proposals pursuant to the current emissions reduction and capacity replacement plan. Except as otherwise provided in subsection 3, the Commission may approve and accept the renewable energy facility if the Commission determines that:

(a) The facility is a renewable energy system as defined in NRS 704.7815 ; and

(b) The terms and conditions of the contract are just and reasonable and satisfy the capacity requirements set forth in subsection 2 of NRS 704.7316 .

1. In considering a contract pursuant to subsection 1, the Commission shall, in addition to considering the cost to customers of the electric utility, give consideration to those contracts or renewable energy facilities that will provide:

(a) The greatest economic benefit to this State;

(b) The greatest opportunity for the creation of new jobs in this State; and

(c) The best value to customers of the electric utility.

1. The Commission may approve a contract as the result of the issuance of a request for proposals after June 10, 2015, if the Commission:

(a) Authorizes the issuance of the request for proposals pursuant to a written order of the Commission issued after June 10, 2015; and

(b) Determines that the electric utility has satisfactorily demonstrated a need for the capacity that would be acquired or otherwise provided for pursuant to the contract.

(Added to NRS by 2013, 3077 ; A 2015, 3656 )

NRS 704.7321

NRS

704.7321

Commission may recommend to electric utility modification of or amendment to emissions reduction and capacity replacement plan; actions by electric utility.

If the Commission deems inadequate any portion of an emissions reduction and capacity replacement plan or any amendment to the plan, the Commission may recommend to the electric utility a modification of that portion of the plan or amendment, and the electric utility may:

1. Accept the modification; or

2. Withdraw the proposed plan or amendment.

(Added to NRS by 2013, 3077 )

NRS 704.7333

NRS

704.7333

“Electric utility” defined.

“Electric utility” means any public utility that is in the business, on lands within this State, as sole owner or co-owner of an asset that provides sales or service of electricity to customers within or outside of this State.

(Added to NRS by 2015, 2214 )

NRS 704.7338

NRS

704.7338

Electric utility to file list of assets with Commission; contents of list.

1. Each electric utility that is required to file a plan pursuant to NRS 704.741

shall include as part of that plan a list of all assets of the electric utility.

1. Each electric utility not specified in subsection 1 which holds a permit issued pursuant to NRS 704.870 shall, on or before January 31 of each year, file with the Commission a list of all assets.

2. Each electric utility not specified in subsection 1 or 2 which owns a utility facility, as defined in NRS 704.860 , that was permitted by a local authority based on an application filed before July 1, 1971, shall file with the Commission a list of all assets of the electric utility.

3. The list of assets required by subsections 1, 2 and 3 must:

(a) Include a brief description of each asset;

(b) Include the output capacity of each asset;

(c) Classify each asset as operational, pre-operational reserve, post-operational reserve, surplus or decommissioned; and

(d) For each asset classified as pre-operational reserve or post-operational reserve, include a statement in a form approved by the Commission regarding the viability of the future use of the asset for energy generation.

1. Any asset with more than one owner must be included on the list of assets of each owner who is required to file a list pursuant to this section.

(Added to NRS by 2015, 2214 )

NRS 704.7339

NRS

704.7339

Reclassification of asset as surplus.

For each asset classified by an electric utility as pre-operational reserve or post-operational reserve pursuant to:

1. Subsection 1 of NRS 704.7338 , the Commission may, after notice and a hearing pursuant to NRS 704.746 , reclassify the asset as surplus if the Commission determines that the asset is no longer used or useful to the customers of the electric utility.

2. Subsection 2 or 3 of NRS 704.7338 , the Commission may, after notice and a hearing pursuant to NRS 703.320 , reclassify the asset as surplus if the Commission determines that the asset is no longer utilized to produce or transmit electricity and that it is not reasonable to expect that the asset will be used to produce or transmit electricity in the future.

(Added to NRS by 2015, 2215 )

NRS 704.734

NRS

704.734

Surplus asset retirement plans: Filing; contents; subject to approval by Commission.

1. For each asset which has been classified as surplus by an electric utility pursuant to NRS 704.7338 or reclassified as surplus by the Commission pursuant to NRS 704.7339 , each electric utility which owns all or part of the asset shall file a surplus asset retirement plan with the Commission within 120 days after the asset has been classified or reclassified as surplus. Such a plan is subject to the approval of the Commission.

2. A surplus asset retirement plan must include:

(a) A brief description of the asset, including without limitation, its generating capacity, its current condition and any details regarding ownership.

(b) A plan for the decommissioning of the site, including without limitation, the closure of any remaining operational activities, any required environmental remediation, the removal and disposal of any physical assets deemed unsuitable for redevelopment and remediation, as determined by the Division of Environmental Protection of the State Department of Conservation and Natural Resources pursuant to NRS 704.7318 , or, if decommissioning is underway or completed, a full description of the decommissioning program.

(c) A marketing plan for the sale of the asset, prepared in consultation with the Office of Economic Development, which must disclose any environmental issues or other restrictions and emphasize the value of the asset in its marketplace.

(d) A timeline for implementation of the plan, including without limitation, key dates for completion of benchmarks including a final sale date. To the extent reasonably possible, the timeline must indicate a final sale date that is within 30 months after commencement of the plan.

(Added to NRS by 2015, 2215 )

NRS 704.7341

NRS

704.7341

Duty of electric utility to carry out surplus asset retirement plan; amendment of plan by Commission.

Except as otherwise provided in this section, each electric utility that owns all or part of an asset which has been classified as surplus by an electric utility pursuant to NRS 704.7338 or reclassified as surplus by the Commission pursuant to NRS 704.7339 shall carry out the surplus asset retirement plan filed pursuant to NRS 704.734 . The Commission may, for good cause, extend the projected final sale date or otherwise amend the surplus asset retirement plan.

(Added to NRS by 2015, 2215 )

Optional Pricing and Resource Planning

NRS 704.736

NRS

704.736

Applicability.

The application of NRS 704.736 to 704.754 , inclusive, is limited to any public utility in the business of supplying electricity which has an annual operating revenue in this state of $2,500,000 or more.

(Added to NRS by 1983, 886 ; A 1995, 1105 ; 2009, 993 ; 2017, 938 , 2472 ;

2019, 14 )

NRS 704.7366

NRS

704.7366

“Energy efficiency and conservation program” defined.

1. “Energy efficiency and conservation program” means a program designed, intended or used to improve energy efficiency by reducing the energy consumption by a retail customer of a utility which supplies electricity in this State.

2. The term includes, without limitation, a demand-side response program or load-limiting program that shifts the consumption of energy by a retail customer from one period to another period.

3. The term does not include the implementation or assessment of any rate which is based on the time of day, day of the week or time of year during which electricity is used or which otherwise varies based upon the time during which the electricity is used.

(Added to NRS by 2017, 938 )

NRS 704.738

NRS

704.738

Program of optional pricing for electricity generated from renewable energy: Authorization of Commission required; Commission may authorize higher rates.

1. A utility which supplies electricity in this state may apply to the Commission for authority to charge, as part of a program of optional pricing, a higher rate for electricity that is generated from renewable energy.

2. The program may provide the customers of the utility with the option of paying a higher rate for electricity to support the increased use by the utility of renewable energy in the generation of electricity.

3. As used in this section, “renewable energy” has the meaning ascribed to it in NRS 704.7715 .

(Added to NRS by 1995, 1104 ; A 2001, 2530 , 3253 ;

2019, 15 )

NRS 704.741

NRS

704.741

Plan to increase supply or decrease demands: Submission not less than triennially; joint plans by certain affiliated utilities; contents prescribed by regulation; requirements.

1. A utility which supplies electricity in this State shall, on or before June 1 of every third year, or more often if necessary, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission. Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.

2. The Commission shall, by regulation:

(a) Prescribe the contents of such a plan, including, but not limited to, the methods or formulas which are used by the utility or utilities to:

(1) Forecast the future demands, except that a forecast of the future retail electric demands of the utility or utilities must not include the amount of energy and capacity proposed pursuant to subsection 6 as annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019; and

(2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them;

(b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary; and

(c) Establish requirements governing the manner in which and circumstances under which an amendment may be filed with the Commission to modify an approved plan.

1. The Commission shall require the utility or utilities to include in the plan:

(a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources.

(b) A proposal for the expenditure of not less than 10 percent of the total expenditures related to energy efficiency and conservation programs on energy efficiency measures for customers of the electric utility in low-income households and residential customers and public schools in historically underserved communities, through both targeted programs and programs directed at residential customers and public schools in general.

(c) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include:

(1) At least one scenario of low carbon dioxide emissions that:

(I) Uses sources of supply that result in, by 2050, an amount of energy production from zero carbon dioxide emission resources that equals the forecasted demand for electricity by customers of the utility;

(II) Includes the deployment of distributed generation; and

(III) If the plan is submitted on

or before June 1, 2027, uses sources of supply that result in, by the year 2030, an 80 percent reduction in carbon dioxide emissions from the generation of electricity to meet the demands of customers of the utility as compared to the amount of such emissions in the year 2005.

(2) At least one scenario that provides for the construction or acquisition of energy resources through contract or ownership to be placed into service to close an open position utilizing dedicated energy resources in this State and dedicated energy resources delivered through firm transmission. A significant share of the renewable energy facilities and energy storage systems included in the scenario must be owned by the utility.

Ê A requirement to include a particular scenario in the plan pursuant to this paragraph, or the compliance of a utility with such a requirement, shall not be construed as indicating a preference by the Commission or the utility for a particular scenario.

(d) An analysis of the effects of the requirements of NRS 704.766 to 704.776 , inclusive, on the reliability of the distribution system of the utility or utilities and the costs to the utility or utilities to provide electric service to all customers. The analysis must include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.

(e) A list of the utility’s or utilities’ assets described in NRS 704.7338 .

(f) A surplus asset retirement plan as required by NRS 704.734 .

1. For each scenario considered pursuant to subsection 3, the plan must include, without limitation:

(a) For each energy resource proposed:

(1) A description of each energy resource to be constructed, acquired or contracted for by the utility, including, without limitation, the location of the energy resource, the technology to be used by the energy resource to generate electricity, the anticipated capacity of the energy resource and the anticipated date by which the energy resource will be placed into service;

(2) The cost of constructing or acquiring, operating and maintaining the energy resource or, if the energy resource is contracted for by the utility, the price of the energy to be supplied by the energy resource;

(3) Whether the energy resource will be owned by the utility or utilized by the utility pursuant to a contract with a third party; and

(4) Any other information required by the Commission to evaluate the prudence of the scenario.

(b) An evaluation of the impact that the implementation of the scenario will have on:

(1) The ability of the utility to decrease its reliance on market purchases to meet the utility’s open energy load requirements, including, without limitation, any appropriate reserves, and the forecast of energy needs over the next 10 years;

(2) The ability of the utility to reliably integrate into its supply portfolio larger amounts of electricity from variable energy resources, including, without limitation, solar, geothermal, hydropower and wind energy resources;

(3) The ability of the utility to access energy markets or geographic locations that have excess capacity to import into this State through firm transmission to ensure additional reliability in times of increased energy needs;

(4) The ability of the utility to increase access to carbon-free energy, support compliance with the renewable portfolio standard and advance the goals for the reduction of greenhouse gas emissions set forth in NRS 445B.380 and 704.7820 through a balanced portfolio of energy supply and demand-side resources;

(5) The ability of the utility to demonstrate to a regional entity that the utility has adequate resources to meet the forecast for energy needs over the next 10 years;

(6) The ability of the utility to advance cost-effective demand-side management;

(7) The rates charged to the customers of

the utility, provided that, in implementing the plan, the utility must endeavor to mitigate costs for the benefit of customers to the extent possible by utilizing federal funding and tax credits available to utilities or third parties for the development of electric resources; and

(8) The benefits from high-quality jobs, job training and apprenticeships provided by the projects included in the plan, whether constructed or operated by the utility or a third-party developer.