2005 Nevada Revised Statutes - Chapter 702 — Energy Assistance

CHAPTER 702 - ENERGY ASSISTANCE

GENERAL PROVISIONS

NRS 702.010 Definitions.

NRS 702.020 Calendarquarter defined.

NRS 702.030 Commissiondefined.

NRS 702.035 Divisionof Welfare and Supportive Services defined.

NRS 702.040 Funddefined.

NRS 702.050 HousingDivision defined.

NRS 702.060 Municipalutility defined.

NRS 702.070 Persondefined.

NRS 702.080 Publicutility defined.

NRS 702.090 Retailcustomer defined.

NRS 702.100 Universalenergy charge defined.

NRS 702.110 WelfareDivision defined. [Replaced in revision by NRS702.035.]

UNIVERSAL ENERGY CHARGE

NRS 702.150 Applicability;exemptions for certain retail customers; limitations on receipt of assistanceby certain retail customers.

NRS 702.160 Amountof charge; duty to pay; exemptions for certain activities; collection; dutiesof public utilities and municipal utilities; duties of certain retailcustomers; cap; refunds.

NRS 702.170 Powersand duties of Commission; regulations and enforcement; reports; audits andinvestigations; administrative charge; deposit of money; civil action forrecovery of money.

PROGRAMS OF ENERGY ASSISTANCE

NRS 702.250 Fundfor Energy Assistance and Conservation: Creation; administration of Fund byDivision of Welfare and Supportive Services; distribution of money in Fund.

NRS 702.260 Programsto assist eligible households in paying for natural gas and electricity; powersand duties of Division of Welfare and Supportive Services; administrativeexpenses; criteria for eligibility; emergency assistance; regulations.

NRS 702.270 Programsof energy conservation, weatherization and energy efficiency for eligiblehouseholds; powers and duties of Housing Division; administrative expenses;criteria for eligibility; emergency assistance; regulations.

NRS 702.280 Coordinationand evaluation of programs; duties of Division of Welfare and SupportiveServices and Housing Division; submission of report to Governor, LegislativeCommission and Interim Finance Committee.

_________

GENERAL PROVISIONS

NRS 702.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS702.020 to 702.100, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 2001, 3231)

NRS 702.020 Calendarquarter defined. Calendar quarter meanseach period of 3 consecutive calendar months ending on March 31, June 30,September 30 and December 31 in each calendar year.

(Added to NRS by 2001, 3231)

NRS 702.030 Commissiondefined. Commission means the PublicUtilities Commission of Nevada.

(Added to NRS by 2001, 3231)

NRS 702.035 Divisionof Welfare and Supportive Services defined. Divisionof Welfare and Supportive Services means the Division of Welfare andSupportive Services of the Department of Health and Human Services.

(Added to NRS by 2001, 3232)(Substitutedin revision for NRS 702.110)

NRS 702.040 Funddefined. Fund means the Fund for Energy Assistanceand Conservation created by NRS 702.250.

(Added to NRS by 2001, 3231)

NRS 702.050 HousingDivision defined. Housing Division meansthe Housing Division of the Department of Business and Industry.

(Added to NRS by 2001, 3231)

NRS 702.060 Municipalutility defined. Municipal utilityincludes, without limitation:

1. A utility established pursuant to chapter 709 or 710of NRS.

2. Any other utility that is owned, operated orcontrolled by a county, city or other local governmental entity.

(Added to NRS by 2001, 3231)

NRS 702.070 Persondefined. Person means:

1. A natural person;

2. Any form of business or social organization and anyother nongovernmental legal entity, including, without limitation, acorporation, partnership, association, trust or unincorporated organization;

3. A government or an agency or instrumentality of agovernment, including, without limitation, this state or an agency orinstrumentality of this state; and

4. A political subdivision of this state or of anyother government or an agency or instrumentality of a political subdivision ofthis state or of any other government.

(Added to NRS by 2001, 3231)

NRS 702.080 Publicutility defined. Public utility has themeaning ascribed to it in NRS 704.020and 704.030.

(Added to NRS by 2001, 3231)

NRS 702.090 Retailcustomer defined.

1. Retail customer means an end-use customer thatpurchases natural gas or electricity for consumption in this state.

2. The term includes, without limitation:

(a) A residential, commercial or industrial end-usecustomer that purchases natural gas or electricity for consumption in thisstate, including, without limitation, an eligible customer that purchaseselectricity for consumption in this state from a provider of new electricresources pursuant to the provisions of chapter704B of NRS.

(b) A landlord of a mobile home park or owner of acompany 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 electricitythat is delivered through a master meter and who distributes or resells thenatural gas or electricity to one or more tenants for consumption in thisstate.

3. The term does not include this state, a politicalsubdivision of this state or an agency or instrumentality of this state orpolitical subdivision of this state when it is an end-use customer thatpurchases natural gas or electricity for consumption in this state, including,without limitation, when it is an eligible customer that purchases electricityfor consumption in this state from a provider of new electric resourcespursuant to the provisions of chapter 704Bof NRS.

(Added to NRS by 2001, 3231)

NRS 702.100 Universalenergy charge defined. Universal energycharge means the charge imposed pursuant to NRS702.160.

(Added to NRS by 2001, 3232)

NRS 702.110 WelfareDivision defined. [Replaced in revision by NRS 702.035.]

 

UNIVERSAL ENERGY CHARGE

NRS 702.150 Applicability;exemptions for certain retail customers; limitations on receipt of assistanceby certain retail customers.

1. The provisions of NRS702.160 do not apply to any therm of natural gas or any kilowatt-hour ofelectricity that a retail customer purchases from:

(a) A rural electric cooperative established pursuantto chapter 81 of NRS.

(b) A general improvement district established pursuantto chapter 318 of NRS.

(c) A cooperative association, nonprofit corporation,nonprofit association or provider of service which is declared to be a publicutility pursuant to NRS 704.673 andwhich provides service only to its members.

2. If a retail customer is exempted from paying theuniversal energy charge pursuant to subsection 1, the retail customer may notreceive money or other assistance from:

(a) The Division of Welfare and Supportive Servicespursuant to NRS 702.260 for any utilityservice for which the retail customer is exempted from paying the universalenergy charge; or

(b) The Housing Division pursuant to NRS 702.270.

(Added to NRS by 2001, 3232)

NRS 702.160 Amountof charge; duty to pay; exemptions for certain activities; collection; dutiesof public utilities and municipal utilities; duties of certain retailcustomers; cap; refunds.

1. Except as otherwise provided in this section and NRS 702.150, each retail customer shallpay:

(a) A universal energy charge of 3.30 mills on eachtherm of natural gas that the retail customer purchases from another person forconsumption in this State; and

(b) A universal energy charge of 0.39 mills on eachkilowatt-hour of electricity that the retail customer purchases from anotherperson for consumption in this State.

2. The provisions of subsection 1 do not apply to:

(a) Any therm of natural gas used as a source of energyto generate electricity.

(b) Any kilowatt-hour of electricity used in industriesutilizing electrolytic-manufacturing processes.

3. If a retail customer uses the distribution servicesof a public utility or municipal utility to acquire natural gas or electricitythat is subject to the universal energy charge, the public utility or municipalutility providing the distribution services shall:

(a) Collect the universal energy charge from each suchretail customer;

(b) Ensure that the universal energy charge is setforth 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 eachcalendar quarter, remit to the Commission the total amount of money collectedby the public utility or municipal utility for the universal energy charge forthe immediately preceding calendar quarter.

4. If a retail customer does not use the distributionservices of a public utility or municipal utility to acquire natural gas orelectricity that is subject to the universal energy charge, not later than 30days after the end of each calendar quarter, the retail customer shall remit tothe Commission the total amount of money owed by the retail customer for theuniversal energy charge for the immediately preceding calendar quarter.

5. If, during a calendar quarter, a single retailcustomer or multiple retail customers under common ownership and control pay,in the aggregate, a universal energy charge of more than $25,000 for allconsumption of natural gas and electricity during the calendar quarter, suchretail customers are entitled to a refund, for that calendar quarter, of theamount of the universal energy charge that exceeds $25,000. To receive a refundpursuant to this section, not later than 90 days after the end of the calendarquarter for which the refund is requested, such retail customers must file withthe Commission a request for a refund. If a request for a refund is filed withthe Commission:

(a) The Commission shall determine and certify theamount of the refund; and

(b) The refund must be paid as other claims against theState are paid from money in the Fund.

(Added to NRS by 2001, 3232)

NRS 702.170 Powersand duties of Commission; regulations and enforcement; reports; audits andinvestigations; administrative charge; deposit of money; civil action forrecovery of money.

1. The Commission shall adopt regulations to carry outand enforce the provisions of NRS 702.160.Such regulations may require public utilities, municipal utilities and retailcustomers that are required to collect or remit money for the universal energycharge to file reports and to provide the Commission with information relatingto compliance with the requirements of the universal energy charge.

2. In carrying out the provisions of NRS 702.160, the Commission shall solicitadvice from the Consumers Advocate of the Bureau of Consumer Protection in theOffice of the Attorney General, public utilities and municipal utilities andother knowledgeable persons.

3. The Commission may conduct audits andinvestigations of public utilities, municipal utilities and retail customersthat are required to collect or remit money for the universal energy charge, ifthe Commission determines that such audits and investigations are necessary toverify compliance with the requirements of the universal energy charge. Inconducting such audits and investigations, the Commission may exercise any ofthe investigative powers granted to the Commission pursuant to chapter 703 of NRS, including, withoutlimitation, the power to issue orders to compel the appearance of witnesses andthe production of books, accounts, papers and records.

4. To carry out its powers and duties pursuant to thischapter, the Commission is entitled to an administrative charge of not morethan 3 percent of the money collected for the universal energy charge. Afterdeduction of its administrative charge, the Commission shall deposit theremaining money collected for the universal energy charge in the State Treasuryfor credit to the Fund.

5. The Commission may bring an appropriate action inits own name for recovery of any money that a person fails to pay, collect orremit in violation of the requirements of the universal energy charge.

(Added to NRS by 2001, 3233)

PROGRAMS OF ENERGY ASSISTANCE

NRS 702.250 Fundfor Energy Assistance and Conservation: Creation; administration of Fund byDivision of Welfare and Supportive Services; distribution of money in Fund.

1. There is hereby created as a special revenue fundin the State Treasury the Fund for Energy Assistance and Conservation. TheDivision of Welfare and Supportive Services shall administer the Fund.

2. In addition to the money that must be credited tothe Fund from the universal energy charge, all money received from private orpublic sources to carry out the purposes of this chapter must be deposited inthe State Treasury for credit to the Fund.

3. The Division shall, to the extent practicable,ensure that the money in the Fund is administered in a manner which iscoordinated with all other sources of money that are available for energyassistance and conservation, including, without limitation, money contributedfrom private sources, money obtained from the Federal Government and moneyobtained from any agency or instrumentality of this State or politicalsubdivision of this State.

4. The interest and income earned on the money in theFund, after deducting any applicable charges, must be credited to the Fund. Allclaims against the Fund must be paid as other claims against the State arepaid.

5. After deduction of any refunds paid from the Fundpursuant to NRS 702.160, the money inthe Fund must be distributed pursuant to NRS702.260 and 702.270.

(Added to NRS by 2001, 3233)

NRS 702.260 Programsto assist eligible households in paying for natural gas and electricity; powersand duties of Division of Welfare and Supportive Services; administrativeexpenses; criteria for eligibility; emergency assistance; regulations.

1. Seventy-five percent of the money in the Fund mustbe distributed to the Division of Welfare and Supportive Services for programsto assist eligible households in paying for natural gas and electricity. TheDivision may use not more than 5 percent of the money distributed to itpursuant to this section for its administrative expenses.

2. Except as otherwise provided in NRS 702.150, after deduction for its administrativeexpenses, the Division may use the money distributed to it pursuant to thissection only to:

(a) Assist eligible households in paying for naturalgas and electricity.

(b) Carry out activities related to consumer outreach.

(c) Pay for program design.

(d) Pay for the annual evaluations conducted pursuantto NRS 702.280.

3. Except as otherwise provided in subsection 4, to beeligible to receive assistance from the Division pursuant to this section, ahousehold must have a household income that is not more than 150 percent of thefederally designated level signifying poverty, as determined by the Division.

4. The Division is authorized to render emergencyassistance to a household if an emergency related to the cost or availabilityof natural gas or electricity threatens the health or safety of one or more ofthe members of the household. Such emergency assistance may be rendered uponthe good faith belief that the household is otherwise eligible to receiveassistance pursuant to this section.

5. Before July 1, 2002, if a household is eligible toreceive assistance pursuant to this section, the Division shall determine theamount of assistance that the household will receive by using the existingformulas set forth in the state plan for low-income home energy assistance.

6. On or after July 1, 2002, if a household iseligible to receive assistance pursuant to this section, the Division:

(a) Shall, to the extent practicable, determine theamount of assistance that the household will receive by determining the amountof assistance that is sufficient to reduce the percentage of the householdsincome that is spent on natural gas and electricity to the median percentage ofhousehold income spent on natural gas and electricity statewide.

(b) May adjust the amount of assistance that thehousehold 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 determinationof the Division, may make the household particularly vulnerable to increases inthe cost of natural gas or electricity.

7. The Division shall adopt regulations to carry outand enforce the provisions of this section and NRS 702.250.

8. In carrying out the provisions of this section, theDivision shall:

(a) Solicit advice from the Housing Division and fromother knowledgeable persons;

(b) Identify and implement appropriate delivery systemsto distribute money from the Fund and to provide other assistance pursuant tothis section;

(c) Coordinate with other federal, state and localagencies that provide energy assistance or conservation services to low-incomepersons and, to the extent allowed by federal law and to the extentpracticable, use the same simplified application forms as those other agencies;

(d) Establish a process for evaluating the programsconducted pursuant to this section;

(e) Develop a process for making changes to suchprograms; and

(f) Engage in annual planning and evaluation processeswith the Housing Division as required by NRS702.280.

(Added to NRS by 2001, 3234; A 2005, 22nd SpecialSession, 78)

NRS 702.270 Programsof energy conservation, weatherization and energy efficiency for eligiblehouseholds; powers and duties of Housing Division; administrative expenses;criteria for eligibility; emergency assistance; regulations.

1. Twenty-five percent of the money in the Fund mustbe distributed to the Housing Division for programs of energy conservation,weatherization and energy efficiency for eligible households. The HousingDivision may use not more than 6 percent of the money distributed to itpursuant to this section for its administrative expenses.

2. Except as otherwise provided in NRS 702.150, after deduction for its administrativeexpenses, the Housing Division may use the money distributed to it pursuant tothis section only to:

(a) Provide an eligible household with services ofbasic home energy conservation and home energy efficiency or to assist aneligible household to acquire such services, including, without limitation,services of load management.

(b) Pay for appropriate improvements associated withenergy conservation, weatherization and energy efficiency.

(c) Carry out activities related to consumer outreach.

(d) Pay for program design.

(e) Pay for the annual evaluations conducted pursuantto NRS 702.280.

3. Except as otherwise provided in subsection 4, to beeligible to receive assistance from the Housing Division pursuant to thissection, a household must have a household income that is not more than 150percent of the federally designated level signifying poverty, as determined bythe Housing Division.

4. The Housing Division is authorized to renderemergency assistance to a household if the health or safety of one or more ofthe members of the household is threatened because of the structural,mechanical or other failure of:

(a) The unit of housing in which the household dwells;or

(b) A component or system of the unit of housing inwhich the household dwells.

Suchemergency assistance may be rendered upon the good faith belief that thehousehold is otherwise eligible to receive assistance pursuant to this section.

5. The Housing Division shall adopt regulations tocarry out and enforce the provisions of this section.

6. In carrying out the provisions of this section, theHousing Division shall:

(a) Solicit advice from the Division of Welfare andSupportive Services and from other knowledgeable persons;

(b) Identify and implement appropriate delivery systemsto distribute money from the Fund and to provide other assistance pursuant tothis section;

(c) Coordinate with other federal, state and localagencies that provide energy assistance or conservation services to low-incomepersons and, to the extent allowed by federal law and to the extentpracticable, use the same simplified application forms as those other agencies;

(d) Encourage other persons to provide resources andservices, including, to the extent practicable, schools and programs thatprovide training in the building trades and apprenticeship programs;

(e) Establish a process for evaluating the programsconducted pursuant to this section;

(f) Develop a process for making changes to suchprograms; and

(g) Engage in annual planning and evaluation processeswith the Division of Welfare and Supportive Services as required by NRS 702.280.

(Added to NRS by 2001, 3235)

NRS 702.280 Coordinationand evaluation of programs; duties of Division of Welfare and SupportiveServices and Housing Division; submission of report to Governor, LegislativeCommission and Interim Finance Committee.

1. The Division of Welfare and Supportive Services andthe Housing Division jointly shall establish an annual plan to coordinate theiractivities and programs pursuant to this chapter. In preparing the annual plan,the Divisions shall solicit advice from knowledgeable persons. The annual planmust include, without limitation, a description of:

(a) The resources and services being used by eachprogram and the efforts that will be undertaken to increase or improve thoseresources and services;

(b) The efforts that will be undertaken to improveadministrative efficiency;

(c) The efforts that will be undertaken to coordinatewith other federal, state and local agencies, nonprofit organizations and anyprivate business or trade organizations that provide energy assistance orconservation services to low-income persons;

(d) The measures concerning program design that will beundertaken to improve program effectiveness; and

(e) The efforts that will be taken to address issuesidentified during the most recently completed annual evaluation conductedpursuant to subsection 2.

2. The Division of Welfare and Supportive Services andthe Housing Division jointly shall:

(a) Conduct an annual evaluation of the programs thateach Division carries out pursuant to NRS702.260 and 702.270;

(b) Solicit advice from the Commission as part of theannual evaluation; and

(c) Prepare a report concerning the annual evaluationand submit the report to the Governor, the Legislative Commission and theInterim Finance Committee.

3. The report prepared pursuant to subsection 2 mustinclude, without limitation:

(a) A description of the objectives of each program;

(b) An analysis of the effectiveness and efficiency ofeach program in meeting the objectives of the program;

(c) The amount of money distributed from the Fund foreach program and a detailed description of the use of that money for eachprogram;

(d) An analysis of the coordination between theDivisions concerning each program; and

(e) Any changes planned for each program.

(Added to NRS by 2001, 3236)

 

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