[Rev. 8/22/2025 11:16:31 AM]
κ2025 Statutes of Nevada, Page 2775κ
Assembly Bill No. 540Committee on Government Affairs
CHAPTER 432
[Approved: June 9, 2025]
AN ACT relating to governmental administration; creating the Nevada Attainable Housing Account and setting forth the allowable uses of money in the Account; requiring an eligible entity to provide or secure certain matching funds as a condition of receiving money from the Account; requiring the Administrator of the Housing Division of the Department of Business and Industry to adopt annually an allocation plan for attainable housing; requiring the Division to submit a report to the Interim Finance Committee relating to the Account; creating and setting forth the duties of the Nevada Attainable Housing Council; renaming the position of Housing Advocate within the Division as the Housing Liaison; revising provisions relating to the statewide low-income housing database maintained by the Division; revising provisions relating to the Account for Affordable Housing; authorizing the Division to establish programs for the reporting of rental payments to credit reporting agencies; revising provisions governing the sale, lease or conveyance of certain real property by the governing body of a county or city; requiring the governing body of a county or city to adopt certain expedited processes relating to attainable housing; revising provisions relating to the tiers of affordable housing; revising provisions relating to certain reports submitted to the Division by certain local governments relating to affordable housing; requiring, under certain circumstances, the State Contractors Board to issue licenses by endorsement or provisional licenses to certain persons to perform work on attainable housing projects in certain rural areas; requiring, under certain circumstances, the State Contractors Board to waive certain fees relating to contractors licenses in certain rural areas; requiring the issuance of certain bonds; making various other changes relating to housing; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law charges the Housing Division of the Department of Business and Industry with certain duties relating to low-income housing and affordable housing. (Chapter 319 of NRS) Section 9 of this bill creates the Nevada Attainable Housing Account in the State General Fund, to be administered by the Division. Section 10 of this bill authorizes the Division to distribute money in the Account to eligible entities for certain expenditures relating to attainable housing. Section 50 of this bill appropriates $133,000,000 to the Account.
Section 11 of this bill requires the Administrator of the Division to adopt an annual allocation plan for disbursing money from the Account. Section 50.5 of this bill requires the Division to include in the initial allocation plan adopted pursuant to section 11 certain allocations of money from the Account for certain purposes authorized by section 10.
Section 22 of this bill exempts the Division from complying with the provisions of the Administrative Procedures Act in adopting the annual allocation plan.
κ2025 Statutes of Nevada, Page 2776 (CHAPTER 432, AB 540)κ
Section 12 of this bill requires that an eligible entity provide or secure matching funds in an amount not less than the amount of the money awarded to the eligible entity from the Account.
Section 14.5 of this bill requires the Division to submit a report of certain information to the Interim Finance Committee at the last meeting of each fiscal year and the last meeting of each calendar year relating to the Account.
Section 15 of this bill: (1) creates the Nevada Attainable Housing Council to provide oversight and strategic guidance for the administration and allocation of the Account; and (2) sets forth the membership of the Council.
Section 16 of this bill requires the Division to establish procedures to ensure that any member of the Council discloses any direct or indirect financial interest in any attainable housing project or eligible entity that applies for or receives funding from the Account.
Section 17 of this bill requires the Council to: (1) review and comment on certain housing reports; and (2) provide recommendations to the Division regarding the allocation and use of money from the Account.
Existing law creates the position of Housing Advocate within the Division and establishes the duties for the position, which include providing information and assistance to persons who reside in affordable housing and manufactured housing. (NRS 319.141) Section 17.3 of this bill renames the position of Housing Advocate as the Housing Liaison.
Existing law requires the Division to create and maintain a statewide low-income housing database. The database is required to include certain information relating to low-income housing, including compilations and analysis of demographic, economic and housing data from a variety of sources. (NRS 319.143) Section 17.6 of this bill requires the inclusion of any survey conducted by the Division in the database. Section 17.6 also revises the data that is required to be included in the database by: (1) changing the measure for determining the number of households in various population groups experiencing high housing costs from 50 percent to 30 percent of household income; (2) increasing from 2 years to 3 years the length of the planning period for identifying when subsidized units are forecast to convert to market-rate units; and (3) adding information regarding certain multi-family residential housing. Section 17.6 further requires the Division, on or before December 31 of each year, to analyze the data in the database and prepare and post on its website a report of its analysis.
Existing law authorizes, with certain exceptions, the Division to: (1) establish certain funds or accounts; and (2) invest or deposit its money, but does not require the Division to keep any of its money in the State Treasury. (NRS 319.170) Section 18 of this bill creates an additional exception to these provisions for the Account created by section 9.
Existing law creates the Account for Affordable Housing in the State General Fund, which is required to be administered by the Division, and prescribes the distribution and use of money in the Account. (NRS 319.500, 319.510) Under existing law, the costs to create and maintain the statewide low-income housing database are required to be paid from the Account up to a maximum of $175,000 per year. (NRS 319.143, 319.510) Sections 17.6 and 18.5 of this bill: (1) require payment from the Account of the costs to prepare the new annual report required by section 17.6; and (2) change the maximum annual amount authorized from the Account for the payment of costs related to the database from the fixed amount of $175,000 to not more than 6 percent of the money deposited in the Account in each fiscal year.
Existing law also authorizes the Division to expend not more than $40,000 per year or an amount equal to 6 percent of money received pursuant to the federal HOME Investment Partnerships Act, whichever is greater, as reimbursement for administering the Account and that federal money. (NRS 319.510; 42 U.S.C. §§ 12701 et seq.) Section 18.5: (1) eliminates the authority of the Division to receive reimbursement from the Account for administering that federal money; and (2) changes the maximum amount authorized from the Account as reimbursement for administering the Account to not more than 6 percent of the money deposited in the Account in each fiscal year.
κ2025 Statutes of Nevada, Page 2777 (CHAPTER 432, AB 540)κ
Existing law requires the Division to distribute a certain portion of the remaining money in the Account to the Division of Welfare and Supportive Services of the Department of Health and Human Services for a program to provide emergency assistance to needy families with children. (NRS 319.510) Section 18.5 eliminates this required distribution to the Division for this program, but specifically authorizes the use of money in the Account for the same purpose. With the elimination of this distribution to the Division, all of the remaining money in the Account will effectively be distributed to the other authorized recipients in existing law, which are certain charitable organizations, housing authorities and local governments for the acquisition, construction and rehabilitation of affordable housing for eligible families, subject to certain requirements. One such eligibility requirement in existing law is that not less than 15 percent of the units acquired, constructed or rehabilitated be affordable to persons whose income is at or below the federally designated level signifying poverty. (NRS 319.510) Section 18.5: (1) changes the income level for that requirement to be at or below 30 percent of the median monthly gross household income for the applicable county; and (2) clarifies that the money is authorized to be distributed to one or more of the types of entities that are eligible recipients. Section 18.5 also eliminates the eligibility requirement in existing law that a local government sponsor such a project.
Sections 2-8 of this bill define certain terms relating to the provisions of sections 2-17.
Sections 19 and 20 of this bill authorize the Division to establish a program for the reporting of rental payments to a credit reporting agency.
Existing law sets forth certain procedures for a board of county commissioners or governing body of a city to sell or lease real property. (NRS 244.281, 268.061) Sections 23 and 26 of this bill require, before approving the sale or lease of real property for the development of attainable housing, in addition to other procedures, the board or governing body to evaluate the capacity and commitment of the developer to provide long-term benefits to the county in a manner that promotes transparency and does not interfere with equitable competition. Sections 23 and 26 also require the developer to submit certain information to the board or governing body.
Existing law authorizes a nonprofit organization to submit to a board of county commissioners or governing body of a city an application for conveyance of certain property that is owned by the county or city, as applicable. The board or governing body may approve such an application if the nonprofit organization demonstrates that the organization or its assignee will use the property to develop affordable housing. (NRS 244.287, 268.058) Sections 24 and 25 of this bill: (1) instead authorize the board or governing body to approve such an application for attainable housing; and (2) require an application to include certain information.
Existing law establishes three tiers of affordable housing for various purposes in existing law and defines affordable housing as housing that falls within any of the three tiers. (NRS 232.860, 244.189, 244.287, 268.058, 268.190, 278.0105, 279.385, 279A.020, 279B.020, 315.9625, 319.042) Section 33 of this bill revises the term affordable housing to be attainable housing.
Under existing law, the tiers are based on both household income and the costs of housing as a percentage of that income. With respect to household income: (1) tier one affordable housing is housing for a household which has a total monthly gross income that is equal to not more than 60 percent of the median monthly gross household income for the county in which the housing is located, which is commonly known as the area median household income; (2) tier two affordable housing is housing for a household which has a total monthly gross income that is equal to more than 60 percent but not more than 80 percent of the area median household income; and (3) tier three affordable housing is housing for a household which has a total monthly gross income that is equal to more than 80 percent but not more than 120 percent of the area median household income. In addition, with respect to the costs of housing, affordable housing under existing law is housing that costs not more than 30 percent of the total monthly gross household income of the household with an income at the maximum percentage of the area median household income for the tier.
κ2025 Statutes of Nevada, Page 2778 (CHAPTER 432, AB 540)κ
at the maximum percentage of the area median household income for the tier. (NRS 278.01902, 278.01904, 278,01906) Section 29.5 of this bill creates a new tier of affordable housing, to be known as tier one affordable housing, that addresses housing for a household that has a total monthly gross income that is equal to not more than 30 percent of the area median household income. As a result of the creation of this new tier of affordable housing, section 34 of this bill renames tier one affordable housing in existing law as tier two affordable housing and changes the percentage range for median income for that tier to more than 30 percent but not more than 60 percent of the area median household income. Section 36 of this bill renames tier two affordable housing in existing law for which the percentage range for median income is more than 60 percent, but not more than 80 percent of the area median household income, as tier three affordable housing. Section 35 of this bill renames tier three affordable housing in existing law, for which the percentage range for median income is more than 80 percent but not more than 120 percent of the area median household income, as tier four affordable housing.
Section 29 of this bill creates a new tier of affordable housing, to be known as tier five affordable housing, that addresses housing for a household that has a total monthly gross income that is equal to not more than 120 percent but not more than 150 percent of the area median household income.
Section 37.5 of this bill makes a conforming change to reflect the changes in the tiers.
Existing law sets forth an approval process for the subdivision of land that requires a subdivider to submit a tentative map to the planning commission or governing body of a county or city, as applicable. (NRS 278.330) Existing law also requires the tentative map to be forwarded to certain state agencies and local governments for review. (NRS 278.335) Section 31 of this bill requires each reviewing agency to adopt a process for the expedited review of and comment on a tentative map that includes attainable housing.
Existing law requires the governing body of each county and city, on or before July 1, 2024, to enact by ordinance an expedited process for the consideration and approval of projects for affordable housing. (Section 12 of Assembly Bill No. 213, chapter 200, Statutes of Nevada 2023, at p. 1171) Section 30 of this bill requires the governing body of each county and the governing body of each city to adopt an expedited process for the consideration and approval of projects for attainable housing.
Section 32 of this bill applies the definitions of certain terms relating to planning and zoning and the newly defined terms in sections 29 and 29.5 to sections 29-31.
Sections 34-36 of this bill, respectively, revise the definitions of tier one affordable housing, tier three affordable housing and tier two affordable housing to provide that the costs of such housing may be offset by certain energy cost savings.
Existing law requires the governing body of certain cities and counties to adopt at least 6 of 12 specified measures in implementing a plan for maintaining and developing affordable housing, which may include a measure to reduce or subsidize impact fees, fees for the issuance of building permits and fees imposed for the purpose for which an enterprise fund was created. (NRS 278.235) Section 37 of this bill authorizes that the governing body of such a county or city include a measure to also reimburse such fees.
Existing law requires the governing body of certain cities or counties to submit to the Division annual progress reports relating to affordable housing. (NRS 278.235) Existing law requires: (1) the inclusion of these reports in the statewide low-income housing database; and (2) the Division to compile and post these reports on its Internet website. (NRS 278.235, 319.143) Section 37 moves the deadline for: (1) the submission of the reports to the Division from July 15 to March 15; and (2) the posting of the compilation of the reports by the Division from August 15 to April 15. The new deadlines apply starting in 2026, as section 49.5 of this bill requires: (1) the governing body of a city or county to submit the 2025 report to the Division on or before July 15, 2025; and (2) the Division to compile the reports and post the compilation on the Internet website of the Division on or before August 15, 2025.
κ2025 Statutes of Nevada, Page 2779 (CHAPTER 432, AB 540)κ
Existing law sets forth the requirements for obtaining a contractors license from the State Contractors Board. (Chapter 624 of NRS) Section 39 of this bill requires, under certain circumstances, the Board to issue a contractors license by endorsement to certain applicants who will perform work on an attainable housing project in certain rural areas.
Section 40 of this bill provides that, if the Director of the Department of Business and Industry determines that there is a shortage of skilled labor or licensed contractors in a rural area that is adversely impacting the availability of attainable housing for essential workers who are employed in the area, the Director may issue a declaration of such shortage for not more than 3 years. Upon such a declaration, the Board is required to implement a process to issue provisional contractors licenses to certain applicants who will perform work on an attainable housing project in certain rural areas.
Sections 41 and 42 of this bill exempt the license by endorsement issued pursuant to section 39 or a provisional license issued pursuant to section 40 from certain licensing requirements and the expiration date that generally apply to contractors licenses. Sections 42-46 of this bill exempt applicants for a new contractors license and existing licensed contractors in rural areas from any application, license or renewal fee or certain other fees relating to a contractors license under circumstances where the Director of the Department of Business and Industry has issued a declaration of shortage pursuant to section 40.
Sections 48 and 49 of this bill require the Board to: (1) adopt regulations to carry out the provisions of sections 39 and 40, respectively, before January 1, 2026; and (2) submit a report to the Governor and Director of the Legislative Counsel Bureau that includes a recommendation as to whether the requirements to issue such licenses by endorsement and provisional licenses, as required by sections 39 and 40, should be continued, modified or terminated.
Section 49.7 of this bill requires the issuance of not more than $50,000,000 in general obligation bonds to provide certain loans for the development or construction of certain projects. Section 37.2 makes a conforming change.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 319 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Attainable housing has the meaning ascribed to it in NRS 278.0105.
Sec. 4. Attainable housing project means any project or program that receives a grant of money from the Nevada Attainable Housing Account pursuant to section 10 of this act.
Sec. 5. Council means the Nevada Attainable Housing Council created by section 15 of this act.
Sec. 6. Eligible entity means a person or entity that is eligible to receive money from the Nevada Attainable Housing Account in accordance with the allocation plan for attainable housing adopted by the Administrator pursuant to section 11 of this act. The term includes, without limitation:
1. A state agency.
2. A local government.
κ2025 Statutes of Nevada, Page 2780 (CHAPTER 432, AB 540)κ
3. A nonprofit organization.
4. A housing authority, as defined in NRS 315.021.
5. A tribal government or agency.
6. A housing counseling agency that is certified by the United States Department of Housing and Urban Development.
7. Any private entity that enters into a public-private partnership with the State or a local government to offer any of the following:
(a) Competitive loans, grants or rebates to support the development of attainable housing.
(b) Competitive loans, grants or rebates for the development of attainable housing projects that qualify for federal low-income housing tax credits, as defined in NRS 360.863.
(c) The acquisition of land for the development of attainable housing projects.
Sec. 7. Essential worker means a person employed in:
1. Health care;
2. Education;
3. Public safety;
4. Construction labor; or
5. Any other industry that is a critical sector of employment in this State, as determined by executive order of the Governor.
Sec. 8. Nevada Attainable Housing Account or Account means the Nevada Attainable Housing Account created by section 9 of this act.
Sec. 9. 1. The Nevada Attainable Housing Account is hereby created in the State General Fund. All money that is collected for the use of the Account from any source must be deposited in the Account.
2. The money in the Nevada Attainable Housing Account must be used for the purposes described in section 10 of this act.
3. The Nevada Attainable Housing Account must be administered by the Division. The Division may apply for and accept any gift, grant, donation, bequest or other source of money for deposit in the Account.
4. The interest and income earned on money in the Nevada Attainable Housing Account, after deducting any applicable charges, must be credited to the Account.
5. Any money remaining in the Account at the end of the fiscal year must remain in the Account and does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
Sec. 10. 1. Except as otherwise provided in this section, money in the Account may be distributed by the Division, in consultation with the Council, to eligible entities for expenditures relating to attainable housing, including, without limitation, for:
(a) Competitive loans, grants or rebates to support the development of attainable housing;
(b) Competitive loans, grants or rebates for the development of attainable housing projects that qualify for federal low-income housing tax credits, as defined in NRS 360.863;
(c) Financial assistance for supportive housing;
(d) Programs for rental assistance or eviction diversion;
(e) The acquisition of land for the development of attainable housing projects;
κ2025 Statutes of Nevada, Page 2781 (CHAPTER 432, AB 540)κ
(f) Programs that assist essential workers to purchase homes, including, without limitation, programs that provide down payment assistance, interest rate buydowns or other forms of direct financial support to essential workers for purchasing homes;
(g) Programs that provide down payment assistance, interest rate buydowns or other forms of direct financial support for purchasing homes to households that have a total monthly gross household income that is not more than 150 percent of the median monthly gross household income for the county in which the housing is located; and
(h) Incentives for local governments to increase the supply of attainable housing, including, without limitation:
(1) Incentives for local governments to expedite the approval of attainable housing projects;
(2) Reimbursing local governments for waiving or deferring the payment of fees or taxes for attainable housing projects that are affordable for households that have a total monthly gross income that is not more than 150 percent of the median monthly gross household income for the county in which the housing is located; or
(3) Taking any other action within the authority of the local government that increases the supply of attainable housing.
2. Any eligible entity that is a private entity that enters into a public-private partnership with the State or a local government may only receive money from the Account for the following:
(a) Competitive loans, grants or rebates to support the development of attainable housing;
(b) Competitive loans, grants or rebates for the development of attainable housing projects that qualify for federal low-income housing tax credits, as defined in NRS 360.863; or
(c) The acquisition of land for the development of attainable housing projects.
3. In awarding money from the Account, the Division, in consultation with the Council:
(a) Shall prioritize projects that demonstrate the highest potential impact on addressing the attainable housing needs of the State, including, without limitation, prioritizing the need for single-family homes that are affordable for households that have a total monthly gross income that is not more than 150 percent of the median monthly gross household income for the county in which the housing is located; and
(b) May prioritize projects that:
(1) Request to purchase land owned by:
(I) The Federal Government at a discounted price for the creation of affordable housing pursuant to federal law, including, without limitation, the provisions of section 7(b) of the Southern Nevada Public Land Management Act of 1998, Public Law 105-263; or
(II) The State or a local government at a discounted rate for the creation of attainable housing;
(2) Utilize innovative strategies for expanding the supply of attainable housing; or
(3) Utilize cost-effective methods and efficient use of allocated resources.
κ2025 Statutes of Nevada, Page 2782 (CHAPTER 432, AB 540)κ
4. Any eligible entity that receives any money from the Nevada Attainable Housing Account for an attainable housing project shall ensure that:
(a) Only households that meet the applicable income requirements for the attainable housing project rent or purchase, as applicable, the units of attainable housing;
(b) Each unit of attainable housing in the attainable housing project is used as the primary residence of the household that rents or purchases, as applicable, the unit; and
(c) No for-profit business entity purchases a unit of the attainable housing in the attainable housing project.
Sec. 11. 1. For each calendar year, the Administrator shall adopt an allocation plan for disbursing money from the Nevada Attainable Housing Account for attainable housing. A disbursement of money from the Account must comply with the allocation plan for the calendar year in which the disbursement is made.
2. The allocation plan adopted pursuant to subsection 1 must, without limitation, set forth:
(a) The application and eligibility requirements for an eligible entity to apply for and receive money from the Nevada Attainable Housing Account, including, without limitation, requirements for an eligible entity to demonstrate:
(1) The necessary expertise and capacity to properly carry out the proposed attainable housing project for which the eligible entity receives money from the Account;
(2) The extent to which the proposed attainable housing project maximizes the use of money from the Account by obtaining additional financial support from federal, local, private or other sources; and
(3) The long-term sustainability of the proposed attainable housing project and its potential to contribute to community stability, foster economic development and increase access to attainable housing.
(b) Any requirements for an eligible entity that receives money from the Nevada Attainable Housing Account to demonstrate compliance with any condition upon the receipt of money from the Account.
3. Before adopting a proposed allocation plan pursuant to subsection 1, the Administrator must:
(a) Hold at least one public hearing on the proposed allocation plan that complies with the provisions set forth in chapter 241 of NRS; and
(b) Make the proposed allocation plan available on the Internet website of the Division at least 14 days before the first public hearing held pursuant to paragraph (a).
Sec. 12. An eligible entity must provide or secure matching funds in an amount that is not less than the amount of money awarded to the eligible entity from the Account. Such matching funds may come from, without limitation, private investment, contributions from local governments or federal money.
Secs. 13 and 14. (Deleted by amendment.)
Sec. 14.5. 1. The Division shall submit a report to the Interim Finance Committee for consideration at the last meeting of each fiscal year and the last meeting of each calendar year relating to the Nevada Attainable Housing Account.
κ2025 Statutes of Nevada, Page 2783 (CHAPTER 432, AB 540)κ
2. The report required pursuant to subsection 1 must include, without limitation:
(a) The amount and purpose of all money awarded from the Account during the reporting period broken down by eligible entity and authorized use, as described in section 10 of this act;
(b) The number and the income levels of all households that were assisted by money awarded from the Account during the reporting period;
(c) The number of new attainable housing units that were built in part with money from the Account during the reporting period;
(d) The number of parcels purchased in part with money from the Account for the purposes of attainable housing projects, broken down by geographic area of the State;
(e) The number of households and demographic information of recipients of rental assistance from programs for rental assistance or eviction diversion that receive money from the Account;
(f) The average amount of time for processing an application for rental assistance from a program for rental assistance or eviction diversion that received money from the Account;
(g) A description of the outcomes resulting from early intervention efforts, including, without limitation, whether eviction proceedings were reduced as a result of the program for rental assistance or eviction diversion;
(h) Recommendations for improvements or adjustments to programs for rental assistance or eviction diversion, based on the performance data of the programs;
(i) Any other information that the Division determines is necessary to include in the report; and
(j) Any other information requested by the Interim Finance Committee.
Sec. 15. 1. The Nevada Attainable Housing Council is hereby created to provide oversight and strategic guidance for the administration and allocation of the Nevada Attainable Housing Account.
2. The Nevada Attainable Housing Council consists of:
(a) The Director of the Department of Business and Industry or his or her designee, who is chair of the Council;
(b) The Administrator of the Division or his or her designee;
(c) One member appointed by the Majority Leader of the Senate;
(d) One member appointed by the Minority Leader of the Senate;
(e) One member appointed by the Minority Leader of the Assembly;
(f) One member appointed by the Speaker of the Assembly; and
(g) One member appointed by the Governor.
3. Of the members appointed pursuant to paragraphs (c) to (g), inclusive, of subsection 2:
(a) One member must have expertise in banking and the financing of housing projects;
(b) One member must represent the builders and developers of housing projects;
(c) One member must have expertise in the multifamily housing industry;
(d) One member must represent a low-income housing organization; and
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(e) One member must represent the general public.
4. Each person who is required to appoint a member pursuant to subsection 2 must make his or her appointment from a list of persons recommended by the Division. To the extent practicable, the membership of the Council must represent the geographic diversity of this State.
5. Each appointed member of the Council serves a term of 2 years and may be reappointed for additional terms of 2 years in the same manner as the original appointments.
6. Any vacancy occurring in the appointed membership of the Council must be filled in the same manner as the original appointment for the remainder of the unexpired term.
7. Each appointed member of the Council:
(a) Serves without compensation; and
(b) While engaged in the business of the Council, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
8. The Department of Business and Industry shall provide the Council with administrative support.
Sec. 16. The Division shall establish procedures to ensure that any member of the Council discloses any direct or indirect financial interest in an attainable housing project or eligible entity. Such procedures must be consistent with the provisions of chapter 281A of NRS and any regulation adopted by the Nevada Commission on Ethics pursuant to that chapter.
Sec. 17. The Nevada Attainable Housing Council shall:
1. Review and comment on:
(a) The annual housing progress report compiled by the Division pursuant to NRS 278.235;
(b) The reports compiled by the Division pursuant to NRS 278.237; and
(c) The report concerning housing prepared by the Advisory Committee on Housing pursuant to NRS 319.174; and
2. Provide recommendations to the Division regarding the allocation and use of money from the Nevada Attainable Housing Account pursuant to the allocation plan adopted pursuant to section 11 of this act.
Sec. 17.3. NRS 319.141 is hereby amended to read as follows:
319.141 1. The Housing [Advocate] Liaison is hereby created within the Division.
2. The Administrator shall appoint a person to serve in the position of Housing [Advocate.] Liaison. The Housing [Advocate] Liaison is in the unclassified service of the State and serves at the pleasure of the Administrator.
3. The person so appointed pursuant to subsection 2 must be knowledgeable about affordable housing and manufactured housing.
4. The Housing [Advocate] Liaison shall:
(a) Respond to written and telephonic inquiries received from residents who reside in affordable housing and manufactured housing and provide assistance to such residents in understanding their rights and responsibilities;
(b) Conduct community outreach and provide information concerning housing to residents who reside in affordable housing and manufactured housing;
κ2025 Statutes of Nevada, Page 2785 (CHAPTER 432, AB 540)κ
(c) Identify and investigate complaints of residents of affordable housing and manufactured housing that relate to their housing and provide assistance to such residents to resolve the complaints;
(d) Establish and maintain a system to collect and maintain information pertaining to written and telephonic inquiries received by the Division; and
(e) [Any] Perform any other duties specified by the Administrator.
5. The Administrator may remove the Housing [Advocate] Liaison from the office for any reason not prohibited by law.
Sec. 17.6. NRS 319.143 is hereby amended to read as follows:
319.143 1. The Division shall create and maintain a statewide low-income housing database.
2. The database must include, without limitation, the compilation [and analysis] of demographic, economic and housing data from a variety of sources, including, without limitation, reports submitted pursuant to NRS 278.235 [, that:] and any survey conducted by the Division, relating to the information that must be included in the report required by subsection 3.
3. On or before December 31 of each year, the Division shall:
(a) [Provides for an annual assessment of] Analyze the data in the database and prepare a report which must:
(1) Assess the affordable housing market at the city and county level, including data relating to housing units, age of housing, rental rates and rental vacancy rates, new home sales and resale of homes, new construction permits, mobile homes, lots available for mobile homes and conversions of multifamily condominiums;
[(b) Addresses]
(2) Address the housing needs of various population groups in Nevada, such as households that rent, homeowners, elderly households, veterans, persons with disabilities or special needs, homeless persons, recovering persons with a substance use disorder, persons suffering from mental health ailments and victims of domestic violence, with each group distinguished to show the percentage of the population group at different income levels, and a determination of the number of households within each special-needs group experiencing housing costs greater than [50] 30 percent of their income, overcrowding or substandard housing;
[(c) Contains]
(3) Contain an estimate of the number and condition of subsidized and other low-income housing units at the county level and the identification of any subsidized units that are forecast to convert to market-rate units within a [2-year] 3-year planning period;
[(d) Provides]
(4) Provide a demographic and economic overview by local and county jurisdiction, if feasible, for the population of Nevada, including age, race and ethnicity, household size, migration, current and forecast employment, household income and a summary relating to the effects of demographics and economic factors on housing demand;
[(e) Provides]
(5) Provide the number of housing units available to a victim of domestic violence from any housing authority, as defined in NRS 315.021, and from participation in the program of housing assistance pursuant to section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f; and
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[(f) Provides]
(6) Provide the number of terminations of victims of domestic violence in this State from the program of housing assistance pursuant to section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f.
[3. The costs of creating and maintaining the database:
(a) Must be paid from the Account for Affordable Housing created by NRS 319.500; and]
(b) [May not exceed $175,000 per year.] Post the report on the Internet website of the Division.
4. If an owner of multifamily residential housing that is offered for rent or lease in this State and is:
(a) Accessible to persons with disabilities; and
(b) [Affordable] Attainable housing, as defined in NRS 278.0105,
Κ has received any loan, grant or contribution for the multifamily residential housing from the Federal Government or the State, the owner shall, not less than quarterly, report to the Division for inclusion in the database information concerning each unit of the multifamily residential housing that is available and suitable for use by a person with a disability.
5. The Division shall adopt regulations to carry out the provisions of subsection 4.
Sec. 18. NRS 319.170 is hereby amended to read as follows:
319.170 Except as otherwise provided in NRS 319.169 and 319.500 [,] and section 9 of this act, the Division may:
1. Establish such funds or accounts as may be necessary or desirable for furtherance of the purposes of this chapter.
2. Invest or deposit its money, subject to any agreement with bondholders or noteholders, and is not required to keep any of its money in the State Treasury. The provisions of chapters 355 and 356 of NRS do not apply to such investments or deposits.
Sec. 18.5. NRS 319.510 is hereby amended to read as follows:
319.510 1. Except as otherwise provided in subsection 2, money deposited in the Account for Affordable Housing must be used:
(a) For the acquisition, construction or rehabilitation of affordable housing for eligible families by public or private nonprofit charitable organizations, housing authorities or local governments through loans, grants or subsidies;
(b) To provide technical and financial assistance to public or private nonprofit charitable organizations, housing authorities and local governments for the acquisition, construction or rehabilitation of affordable housing for eligible families;
(c) To provide funding for projects of public or private nonprofit charitable organizations, housing authorities or local governments that provide assistance to or guarantee the payment of rent or deposits as security for rent for eligible families, including homeless persons;
(d) To reimburse the Division for the costs of administering the Account;
(e) To assist eligible persons by supplementing their monthly rent for the manufactured home lots, as defined by NRS 118B.016, on which their manufactured homes, as defined by NRS 118B.015, are located; [and]
(f) To pay the costs of creating and maintaining the statewide low-income housing database and preparing the annual report required by NRS 319.143;
κ2025 Statutes of Nevada, Page 2787 (CHAPTER 432, AB 540)κ
(g) To assist families that have children and whose income is at or below the federally designated level signifying poverty; and
(h) In any other manner consistent with this section to assist eligible families in obtaining or keeping affordable housing, including use as the States contribution to facilitate the receipt of related federal money.
2. [Except as otherwise provided in this subsection, the] The Division may expend each fiscal year not more than:
(a) Six percent of the money [from] deposited in the Account as reimbursement for the necessary costs of efficiently administering the Account . [and any money received pursuant to 42 U.S.C. §§ 12701 et seq. In no case may the Division expend more than $40,000 per year or an amount equal to 6 percent of any money made available to the State pursuant to 42 U.S.C. §§ 12701 et seq., whichever is greater. In addition, the Division may expend not more than $175,000 per year from]
(b) Six percent of the money deposited in the Account to create and maintain the statewide low-income housing database and prepare the annual report required by NRS 319.143. [The Division may expend not more than $75,000 per year]
(c) Seventy-five thousand dollars of the money deposited in the Account pursuant to NRS 375.070 for the purpose set forth in paragraph (e) of subsection 1. [Of the]
3. The remaining money allocated from the Account [:] after the expenditures made pursuant to subsections 1 and 2
[(a) Except as otherwise provided in subsection 3, 15 percent must be distributed to the Division of Welfare and Supportive Services of the Department of Health and Human Services for use in its program developed pursuant to 45 C.F.R. § 233.120, as that section existed on December 4, 1997, to provide emergency assistance to needy families with children, subject to the following:
(1) The Division of Welfare and Supportive Services shall adopt regulations governing the use of the money that are consistent with the provisions of this section.
(2) The money must be used solely for activities relating to affordable housing that are consistent with the provisions of this section.
(3) The money must be made available to families that have children and whose income is at or below the federally designated level signifying poverty.
(4) All money provided by the Federal Government to match the money distributed to the Division of Welfare and Supportive Services pursuant to this section must be expended for activities consistent with the provisions of this section.
(b) Eighty-five percent] must be distributed to public or private nonprofit charitable organizations, housing authorities [and] or local governments for the acquisition, construction and rehabilitation of affordable housing for eligible families, subject to the following:
[(1)] (a) Priority may be given to those projects that provide a preference for:
[(I)] (1) Women who are veterans;
[(II)] (2) Women who were previously incarcerated;
[(III)] (3) Survivors of domestic violence;
[(IV)] (4) Elderly women who do not have stable or adequate living arrangements; and
κ2025 Statutes of Nevada, Page 2788 (CHAPTER 432, AB 540)κ
[(V)] (5) Unmarried persons with primary physical custody of a child.
[(2)] (b) Priority must be given to those projects that qualify for the federal tax credit relating to low-income housing.
[(3)] (c) Priority must be given to those projects that anticipate receiving federal money to match the state money distributed to them.
[(4)] (d) Priority must be given to those projects that have the commitment of a local government to provide assistance to them.
[(5)] (e) All money must be used to benefit families whose income does not exceed 120 percent of the median income for families residing in the same county, as defined by the United States Department of Housing and Urban Development.
[(6)] (f) Not less than 15 percent of the units acquired, constructed or rehabilitated must be affordable to persons whose income is at or below [the federally designated level signifying poverty.] 30 percent of the median monthly gross household income for the county in which the housing is located. For the purposes of this subparagraph, a unit is affordable if a family does not have to pay more than 30 percent of its gross income for housing costs, including both utility and mortgage or rental costs.
[(7) To be eligible to receive money pursuant to this paragraph, a project must be sponsored by a local government.
3. The Division may, pursuant to contract and in lieu of distributing money to the Division of Welfare and Supportive Services pursuant to paragraph (a) of subsection 2, distribute any amount of that money to private or public nonprofit entities for use consistent with the provisions of this section.]
Sec. 19. Chapter 118A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Housing Division of the Department of Business and Industry may establish a program for the reporting of rental payments to a credit reporting agency. Any such program must be offered at no cost to a landlord or tenant.
2. The Division may not require any landlord or tenant to participate in such a program. A landlord shall not require any tenant to participate in the program or subject a tenant to any penalty or consequence for not participating in the program.
3. The Division may:
(a) Establish requirements for any landlord or tenant to voluntarily participate in the program, including, without limitation, any safeguard necessary to ensure that participation in the program is voluntary and that tenants are not subject to any adverse action for participating or not participating in the program.
(b) Provide guidelines for the use of an independent third-party vendor to manage the collection and reporting of rental payments. The Division shall maintain and publish a list of third-party vendors that are approved by the Division to manage the reporting of rental payments pursuant to the program.
4. The Division may adopt any regulation necessary to carry out the provisions of this section, including, without limitation:
(a) Criteria for approving an independent third-party vendor to manage the collection and reporting of rental payments;
κ2025 Statutes of Nevada, Page 2789 (CHAPTER 432, AB 540)κ
(b) Requirements for tenants to be notified and provide proper consent to participate in the program; and
(c) Procedures for resolving any dispute relating to the reporting of rental payments pursuant to the program.
Sec. 20. Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Division may establish a program for the reporting of rental payments to a credit reporting agency. Any such program must be offered at no cost to a landlord or tenant.
2. The Division may not require any landlord or tenant to participate in such a program. A landlord shall not require any tenant to participate in the program or subject a tenant to any penalty or consequence for not participating in the program.
3. The Division may:
(a) Establish requirements for any landlord or tenant to voluntarily participate in the program, including, without limitation, any safeguard necessary to ensure that participation in the program is voluntary and that tenants are not subject to any adverse action for participating or not participating in the program.
(b) Provide guidelines for the use of an independent third-party vendor to manage the collection and reporting of rental payments. The Division shall maintain and publish a list of third-party vendors that are approved by the Division to manage the reporting of rental payments pursuant to the program.
4. The Division may adopt any regulations necessary to carry out the provisions of this section, including, without limitation:
(a) Criteria for approving an independent third-party vendor to manage the collection and reporting of rental payments;
(b) Requirements for tenants to be notified and provide proper consent to participate in the program; and
(c) Procedures for resolving any dispute relating to the reporting of rental payments pursuant to the program.
Sec. 21. (Deleted by amendment.)
Sec. 22. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The Governor.
(b) Except as otherwise provided in subsection 7 and NRS 209.221 and 209.2473, the Department of Corrections.
(c) The Nevada System of Higher Education.
(d) The Office of the Military.
(e) The Nevada Gaming Control Board.
(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.
(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.
(i) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.
κ2025 Statutes of Nevada, Page 2790 (CHAPTER 432, AB 540)κ
(j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.
(k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.
(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.
(m) The Silver State Health Insurance Exchange.
(n) The Administrator of the Housing Division of the Department of Business and Industry in adopting the allocation plan pursuant to section 11 of this act.
2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the adoption of an emergency regulation or the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and
(d) NRS 90.800 for the use of summary orders in contested cases,
Κ prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;
(c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;
(d) The judicial review of decisions of the Public Utilities Commission of Nevada;
(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;
(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130;
κ2025 Statutes of Nevada, Page 2791 (CHAPTER 432, AB 540)κ
(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075;
(h) The adoption, amendment or repeal of standards of content and performance for courses of study in public schools by the Council to Establish Academic Standards for Public Schools and the State Board of Education pursuant to NRS 389.520;
(i) The adoption, amendment or repeal of the statewide plan to allocate money from the Fund for a Resilient Nevada created by NRS 433.732 established by the Department of Health and Human Services pursuant to paragraph (b) of subsection 1 of NRS 433.734; or
(j) The adoption or amendment of a data request by the Commissioner of Insurance pursuant to NRS 687B.404.
6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
7. The Department of Corrections is subject to the provisions of this chapter for the purpose of adopting regulations relating to fiscal policy, correspondence with inmates and visitation with inmates of the Department of Corrections.
Sec. 23. NRS 244.281 is hereby amended to read as follows:
244.281 1. Except as otherwise provided in this [subsection] section and NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election:
(a) When a board of county commissioners has determined by resolution that the sale or lease of any real property owned by the county will be for purposes other than to establish, align, realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, or flood control facility within the county and will be in the best interest of the county, it may:
(1) Sell the real property in the manner prescribed for the sale of real property in NRS 244.282.
(2) Lease the real property in the manner prescribed for the lease of real property in NRS 244.283.
(b) Before the board of county commissioners may sell or lease any real property as provided in paragraph (a), it shall:
(1) Post copies of the resolution described in paragraph (a) in three public places in the county; and
(2) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:
κ2025 Statutes of Nevada, Page 2792 (CHAPTER 432, AB 540)κ
(I) A description of the real property proposed to be sold or leased in such a manner as to identify it;
(II) The minimum price, if applicable, of the real property proposed to be sold or leased; and
(III) The places at which the resolution described in paragraph (a) has been posted pursuant to subparagraph (1), and any other places at which copies of that resolution may be obtained.
Κ If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.
(c) Except as otherwise provided in this paragraph and paragraph (h), if the board of county commissioners by its resolution further finds that the real property to be sold or leased is worth more than $1,000, the board shall select two or more disinterested, competent real estate appraisers pursuant to NRS 244.2795 to appraise the real property. If the board of county commissioners holds a public hearing on the matter of the fair market value of the property, one disinterested, competent appraisal of the real property is sufficient before selling or leasing it. Except for real property acquired pursuant to NRS 371.047, the board of county commissioners shall not sell or lease it for less than:
(1) If two independent appraisals were obtained, the average of the appraisals of the real property.
(2) If only one independent appraisal was obtained, the appraised value of the real property.
(d) If the real property is appraised at $1,000 or more, the board of county commissioners may:
(1) Lease the real property; or
(2) Sell the real property either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.
(e) A board of county commissioners may sell or lease any real property owned by the county without complying with the provisions of NRS 244.282 or 244.283 to:
(1) A person who owns real property located adjacent to the real property to be sold or leased if the board has determined by resolution that the sale will be in the best interest of the county and the real property is a:
(I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;
(II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property for sale or lease; or
(III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property for sale or lease.
(2) The State or another governmental entity if:
(I) The sale or lease restricts the use of the real property to a public use; and
κ2025 Statutes of Nevada, Page 2793 (CHAPTER 432, AB 540)κ
(II) The board adopts a resolution finding that the sale or lease will be in the best interest of the county.
(f) A board of county commissioners that disposes of real property pursuant to paragraph (d) is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.
(g) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the board of county commissioners may offer the real property for sale or lease a second time pursuant to this section. The board of county commissioners must obtain a new appraisal or appraisals, as applicable, of the real property pursuant to the provisions of NRS 244.2795 before offering the real property for sale or lease a second time if:
(1) There is a material change relating to the title, the zoning or an ordinance governing the use of the real property; or
(2) The appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is offered for sale or lease the second time.
(h) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the board of county commissioners may list the real property for sale or lease at the appraised value or average of the appraised value if two or more appraisals were obtained, as applicable, with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property. If the appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is listed with a licensed real estate broker, the board of county commissioners must obtain one new appraisal of the real property pursuant to the provisions of NRS 244.2795 before listing the real property for sale or lease at the new appraised value.
2. Before approving the sale or lease of real property owned by the county for the development of attainable housing, in addition to complying with the provisions of subsection 1, the board of county commissioners shall evaluate the capacity and commitment of the developer to provide long-term benefits to the county in a manner that promotes transparency and does not interfere with equitable competition. The developer shall submit to the board of county commissioners:
(a) Information that sets forth:
(1) The number of employees of the developer or any affiliate of the developer who are residents of this State; and
(2) The number of households in this State who live in attainable housing units that are owned or managed by the developer or any affiliate of the developer;
(b) A description of any previous project for which the developer received federal low-income housing tax credits, as defined in NRS 360.863, with documentation of compliance with any federal requirements; and
(c) A description of any previous project where the developer has obtained additional federal low-income housing tax credits, as defined in NRS 360.863, or alternative financing for the rehabilitation or resyndication of attainable housing.
κ2025 Statutes of Nevada, Page 2794 (CHAPTER 432, AB 540)κ
resyndication of attainable housing. The description must include, without limitation, the name, location, number of units and cost per unit of the attainable housing.
3. If real property is sold or leased in violation of the provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.
[3.] 4. As used in this section [, flood] :
(a) Attainable housing has the meaning ascribed to it in NRS 278.0105.
(b) Flood control facility has the meaning ascribed to it in NRS 244.276.
Sec. 24. NRS 244.287 is hereby amended to read as follows:
244.287 1. A nonprofit organization may submit to a board of county commissioners an application for conveyance of property that is owned by the county if the property was:
(a) Received by donation for the use and benefit of the county pursuant to NRS 244.270.
(b) Purchased by the county pursuant to NRS 244.275.
2. Before the board of county commissioners makes a determination on such an application for conveyance, it shall hold at least one public hearing on the application. Notice of the time, place and specific purpose of the hearing must be:
(a) Published at least once in a newspaper of general circulation in the county.
(b) Mailed to all owners of record of real property which is located not more than 300 feet from the property that is proposed for conveyance.
(c) Posted in a conspicuous place on the property that is proposed for conveyance.
Κ The hearing must be held not fewer than 10 days but not more than 40 days after the notice is published, mailed and posted in accordance with this subsection.
3. The board of county commissioners may approve such an application for conveyance if the nonprofit organization demonstrates to the satisfaction of the board that the organization or its assignee will use the property to develop [affordable] attainable housing. An application must include, without limitation:
(a) Information that sets forth:
(1) The number of employees of the nonprofit organization or its affiliates who are residents of this State; and
(2) The number of households in this State who live in attainable housing units that are owned or managed by the nonprofit organization or any affiliate of the nonprofit organization;
(b) A description of any previous project for which the nonprofit organization received federal low-income housing tax credits, as defined in NRS 360.863, with documentation of compliance with any federal requirements; and
(c) A description of any previous project where the nonprofit organization has obtained additional federal low-income housing tax credits, as defined in NRS 360.863, or alternative financing for the rehabilitation or resyndication of attainable housing.
κ2025 Statutes of Nevada, Page 2795 (CHAPTER 432, AB 540)κ
rehabilitation or resyndication of attainable housing. The description must include, without limitation, the name, location, number of units and cost per unit of the attainable housing.
4. If the board of county commissioners receives more than one application for conveyance of the property, the board must give priority to an application of a nonprofit organization that demonstrates to the satisfaction of the board that the organization or its assignee will use the property to develop [affordable] attainable housing for persons who are seniors or disabled . [or elderly.
4.] 5. If the board of county commissioners approves an application for conveyance, it may convey the property to the nonprofit organization without consideration. Such a conveyance must not be in contravention of any condition in a gift or devise of the property to the county.
[5.] 6. As a condition to the conveyance of the property pursuant to subsection [4,] 5, the board of county commissioners shall enter into an agreement with the nonprofit organization that requires the nonprofit organization or its assignee to use the property to provide [affordable] attainable housing for at least 50 years. If the nonprofit organization or its assignee fails to use the property to provide [affordable] attainable housing pursuant to the agreement, the board of county commissioners may take reasonable action to return the property to use as [affordable] attainable housing, including, without limitation:
(a) Repossessing the property from the nonprofit organization or its assignee.
(b) Transferring ownership of the property from the nonprofit organization or its assignee to another person or governmental entity that will use the property to provide [affordable] attainable housing.
[6.] 7. The agreement required by subsection [5] 6 must be recorded in the office of the county recorder of the county in which the property is located and must specify:
(a) The number of years for which the nonprofit organization or its assignee must use the property to provide [affordable] attainable housing; and
(b) The action that the board of county commissioners will take if the nonprofit organization or its assignee fails to use the property to provide [affordable] attainable housing pursuant to the agreement.
[7.] 8. A board of county commissioners that has conveyed property pursuant to subsection [4] 5 shall:
(a) Prepare annually a list which includes a description of all property that was conveyed to a nonprofit organization pursuant to this section; and
(b) Include the list in the annual audit of the county which is conducted pursuant to NRS 354.624.
[8.] 9. If, 5 years after the date of a conveyance pursuant to subsection [4,] 5, a nonprofit organization or its assignee has not commenced construction of [affordable] attainable housing, or entered into such contracts as are necessary to commence the construction of [affordable] attainable housing, the property that was conveyed automatically reverts to the county.
[9.] 10. A board of county commissioners may subordinate the interest of the county in property conveyed pursuant to subsection [4] 5 to a first or subsequent holder of a mortgage on that property to the extent the board deems necessary to promote investment in the construction of [affordable] attainable housing.
κ2025 Statutes of Nevada, Page 2796 (CHAPTER 432, AB 540)κ
subsequent holder of a mortgage on that property to the extent the board deems necessary to promote investment in the construction of [affordable] attainable housing.
[10.] 11. As used in this section, unless the context otherwise requires:
(a) [Affordable] Attainable housing has the meaning ascribed to it in NRS 278.0105.
(b) Nonprofit organization means an organization that is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3).
Sec. 25. NRS 268.058 is hereby amended to read as follows:
268.058 1. A nonprofit organization may submit to the governing body of a city an application for conveyance of property that is owned by the city if the property was purchased or received by the city pursuant to NRS 268.008.
2. Before the governing body makes a determination on such an application for conveyance, it shall hold at least one public hearing on the application. Notice of the time, place and specific purpose of the hearing must be:
(a) Published at least once in a newspaper of general circulation in the city.
(b) Mailed to all owners of record of real property which is located not more than 300 feet from the property that is proposed for conveyance.
(c) Posted in a conspicuous place on the property that is proposed for conveyance.
Κ The hearing must be held not fewer than 10 days but not more than 40 days after the notice is published, mailed and posted in accordance with this subsection.
3. The governing body may approve such an application for conveyance if the nonprofit organization demonstrates to the satisfaction of the governing body that the organization or its assignee will use the property to develop [affordable] attainable housing. An application must include, without limitation:
(a) Information that sets forth:
(1) The number of employees of the nonprofit organization or its affiliates who are residents of this State; and
(2) The number of households in this State who live in attainable housing units that are owned or managed by the nonprofit organization or any affiliate of the nonprofit organization;
(b) A description of any previous project for which the nonprofit organization received federal low-income housing tax credits, as defined in NRS 360.863, with documentation of compliance with any federal requirements; and
(c) A description of any previous project where the nonprofit organization has obtained additional federal low-income housing tax credits, as defined in NRS 360.863, or alternative financing for the rehabilitation or resyndication of attainable housing. The description must include, without limitation, the name, location, number of units and cost per unit of the attainable housing.
4. If the governing body receives more than one application for conveyance of the property, the governing body must give priority to an application of a nonprofit organization that demonstrates to the satisfaction of the governing body that the organization or its assignee will use the property to develop [affordable] attainable housing for persons who are seniors or disabled .
κ2025 Statutes of Nevada, Page 2797 (CHAPTER 432, AB 540)κ
of the governing body that the organization or its assignee will use the property to develop [affordable] attainable housing for persons who are seniors or disabled . [or elderly.
4.] 5. If the governing body approves an application for conveyance, it may convey the property to the nonprofit organization without consideration. Such a conveyance must not be in contravention of any condition in a gift or devise of the property to the city.
[5.] 6. As a condition to the conveyance of the property pursuant to subsection [4,] 5, the governing body shall enter into an agreement with the nonprofit organization that requires the nonprofit organization or its assignee to use the property to provide [affordable] attainable housing for at least 50 years. If the nonprofit organization or its assignee fails to use the property to provide [affordable] attainable housing pursuant to the agreement, the governing body may take reasonable action to return the property to use as [affordable] attainable housing, including, without limitation:
(a) Repossessing the property from the nonprofit organization or its assignee.
(b) Transferring ownership of the property from the nonprofit organization or its assignee to another person or governmental entity that will use the property to provide [affordable] attainable housing.
[6.] 7. The agreement required by subsection [5] 6 must be recorded in the office of the county recorder of the county in which the property is located and must specify:
(a) The number of years for which the nonprofit organization or its assignee must use the property to provide [affordable] attainable housing; and
(b) The action that the governing body will take if the nonprofit organization or its assignee fails to use the property to provide [affordable] attainable housing pursuant to the agreement.
[7.] 8. A governing body that has conveyed property pursuant to subsection [4] 5 shall:
(a) Prepare annually a list which includes a description of all property conveyed to a nonprofit organization pursuant to this section; and
(b) Include the list in the annual audit of the city which is conducted pursuant to NRS 354.624.
[8.] 9. If, 5 years after the date of a conveyance pursuant to subsection [4,] 5, a nonprofit organization or its assignee has not commenced construction of [affordable] attainable housing, or entered into such contracts as are necessary to commence the construction of [affordable] attainable housing, the property that was conveyed automatically reverts to the city.
[9.] 10. A governing body may subordinate the interest of the city in property conveyed pursuant to subsection [4] 5 to a first or subsequent holder of a mortgage on that property to the extent the governing body deems necessary to promote investment in the construction of [affordable] attainable housing.
[10.] 11. As used in this section, unless the context otherwise requires:
(a) [Affordable] Attainable housing has the meaning ascribed to it in NRS 278.0105.
κ2025 Statutes of Nevada, Page 2798 (CHAPTER 432, AB 540)κ
(b) Nonprofit organization means an organization that is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3).
Sec. 26. NRS 268.061 is hereby amended to read as follows:
268.061 1. Except as otherwise provided in this [subsection] section and NRS 268.048 to 268.058, inclusive, 268.063, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as otherwise provided by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election:
(a) If a governing body has determined by resolution that the sale or lease of any real property owned by the city will be in the best interest of the city, it may sell or lease the real property in the manner prescribed for the sale or lease of real property in NRS 268.062.
(b) Before the governing body may sell or lease any real property as provided in paragraph (a), it shall:
(1) Post copies of the resolution described in paragraph (a) in three public places in the city; and
(2) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:
(I) A description of the real property proposed to be sold or leased in such a manner as to identify it;
(II) The minimum price, if applicable, of the real property proposed to be sold or leased; and
(III) The places at which the resolution described in paragraph (a) has been posted pursuant to subparagraph (1), and any other places at which copies of that resolution may be obtained.
Κ If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.
(c) If the governing body by its resolution finds additionally that the real property to be sold is worth more than $1,000, the governing body shall, as applicable, conduct an appraisal or appraisals pursuant to NRS 268.059 to determine the value of the real property. Except for real property acquired pursuant to NRS 371.047, the governing body shall not sell or lease it for less than:
(1) If two independent appraisals were obtained, the average of the appraisals of the real property.
(2) If only one independent appraisal was obtained, the appraised value of the real property.
(d) If the real property is appraised at $1,000 or more, the governing body may:
κ2025 Statutes of Nevada, Page 2799 (CHAPTER 432, AB 540)κ
(1) Lease the real property; or
(2) Sell the real property for:
(I) Cash; or
(II) Not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust bearing such interest and upon such further terms as the governing body may specify.
(e) A governing body may sell or lease any real property owned by the city without complying with the provisions of this section and NRS 268.059 and 268.062 to:
(1) A person who owns real property located adjacent to the real property to be sold or leased if the governing body has determined by resolution that the sale or lease will be in the best interest of the city and the real property is a:
(I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;
(II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; or
(III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property offered for sale or lease.
(2) The State or another governmental entity if:
(I) The sale or lease restricts the use of the real property to a public use; and
(II) The governing body adopts a resolution finding that the sale or lease will be in the best interest of the city.
(f) A governing body that disposes of real property pursuant to paragraph (e) is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.
(g) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the governing body may offer the real property for sale or lease a second time pursuant to this section. The governing body must obtain a new appraisal or appraisals, as applicable, of the real property pursuant to the provisions of NRS 268.059 before offering the real property for sale or lease a second time if:
(1) There is a material change relating to the title, zoning or an ordinance governing the use of the real property; or
(2) The appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is offered for sale or lease the second time.
(h) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the governing body may list the real property for sale or lease at the appraised value or average of the appraised value if two or more appraisals were obtained, as applicable, with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property. If the appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is listed with a licensed real estate broker, the governing body must obtain one new appraisal of the real property pursuant to the provisions of NRS 268.059 before listing the real property for sale or lease at the new appraised value.
κ2025 Statutes of Nevada, Page 2800 (CHAPTER 432, AB 540)κ
applicable, were prepared more than 6 months before the date on which the real property is listed with a licensed real estate broker, the governing body must obtain one new appraisal of the real property pursuant to the provisions of NRS 268.059 before listing the real property for sale or lease at the new appraised value.
2. Before approving the sale or lease of real property owned by the city for the development of attainable housing, as defined in NRS 278.0105, in addition to complying with the provisions of subsection 1, the governing body shall evaluate the capacity and commitment of the developer to provide long-term benefits to the city in a manner that promotes transparency and does not interfere with equitable competition. The developer shall submit to the governing body:
(a) Information that sets forth:
(1) The number of employees of the developer or any affiliate of the developer who are residents of this State; and
(2) The number of households in this State who live in attainable housing units that are owned or managed by the developer or any affiliate of the developer;
(b) A description of any previous project for which the developer received federal low-income housing tax credits, as defined in NRS 360.863, with documentation of compliance with any federal requirements; and
(c) A description of any previous project where the developer has obtained additional federal low-income housing tax credits, as defined in NRS 360.863, or alternative financing for the rehabilitation or resyndication of attainable housing. The description must include, without limitation, the name, location, number of units and cost per unit of the attainable housing.
3. If real property is sold or leased in violation of the provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.
Sec. 27. (Deleted by amendment.)
Sec. 28. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 29 to 31, inclusive, of this act.
Sec. 29. 1. Tier five affordable housing means housing for a household:
(a) Which has a total monthly gross income that is equal to more than 120 percent but not more than 150 percent of the median monthly gross household income for the county in which the housing is located; and
(b) Which costs not more than 30 percent of the total monthly gross household income of a household whose income equals 150 percent of the median monthly gross household income for the county in which the housing is located, including the cost of utilities.
2. For purposes of this section:
(a) Median monthly gross household income must be determined based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county in which the housing is located; and
κ2025 Statutes of Nevada, Page 2801 (CHAPTER 432, AB 540)κ
(b) The cost of housing for a household determined pursuant to paragraph (b) of subsection 1 may be offset by cost savings to the household of energy efficiency measures.
Sec. 29.5. 1. Tier one affordable housing means housing for a household:
(a) Which has a total monthly gross income that is equal to not more than 30 percent of the median monthly gross household income for the county in which the housing is located; and
(b) Which costs not more than 30 percent of the total monthly gross household income of a household whose income equals 30 percent of the median monthly gross household income for the county in which the housing is located, including the cost of utilities.
2. For purposes of this section:
(a) Median monthly gross household income must be determined based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county in which the housing is located; and
(b) The cost of housing for a household determined pursuant to paragraph (b) of subsection 1 may be offset by cost savings to the household of energy efficiency measures.
Sec. 30. 1. Each governing body of a county or city shall enact by ordinance:
(a) An expedited process for the consideration and approval of projects for attainable housing in the county or city, as applicable. Such expedited process must prioritize, to the extent practicable, the processing of projects for attainable housing in the county or city, as applicable, over all other projects and allow deviation from the current process for the consideration and approval of projects for attainable housing. Any such deviation includes, without limitation, authorizing the administrative approval for any applications relating to attainable housing projects by a person authorized by the governing body.
(b) Incentives for the development of projects for attainable housing in the county or city, as applicable, that encourage the use of the expedited process required pursuant to paragraph (a).
2. As used in this section, attainable housing has the meaning ascribed to it in NRS 278.0105.
Sec. 31. 1. Each reviewing agency shall adopt a process for the expedited review of and comment on a tentative map pursuant to NRS 278.330 to 278.3485, inclusive, that prioritizes the review of and comment on tentative maps that include attainable housing.
2. The expedited process adopted pursuant to subsection 1 must, without limitation, comply with the applicable provisions of NRS 278.330 to 278.3485, inclusive.
3. If the reviewing agency is not able to use the expedited process adopted pursuant to subsection 1 for the expedited review of and comment on a tentative map, the reviewing agency must:
(a) Document the specific reasons why the use of the expedited process is not possible, including, without limitation, any deficiency with the tentative map;
κ2025 Statutes of Nevada, Page 2802 (CHAPTER 432, AB 540)κ
(b) Notify the subdivider of the specific reasons documented pursuant to paragraph (a) and provide the subdivider with an estimated date on which the reviewing agency will complete its review of and comment on the tentative map; and
(c) Complete the review of and comment on a tentative map as soon as possible and not later than any deadline set forth in NRS 278.330 to 278.3485, inclusive, for the reviewing agency to review and comment on a tentative map not subject to the expedited process.
4. As used in this section, reviewing agency means any state agency, local government or quasi-governmental entity that is required to review tentative maps pursuant to NRS 278.330 to 278.3485, inclusive. The term includes, without limitation:
(a) The Division of Water Resources of the State Department of Conservation and Natural Resources;
(b) The Division of Environmental Protection of the State Department of Conservation and Natural Resources;
(c) The Public Utilities Commission of Nevada and any utility, person or other entity that is regulated by the Commission;
(d) The Department of Wildlife;
(e) The Board of Wildlife Commissioners;
(f) A district board of health;
(g) A public water system;
(h) A planning commission;
(i) An irrigation district;
(j) The governing body of a county;
(k) The governing body of a city;
(l) The board of trustees of a school district; and
(m) The board of trustees of a general improvement district.
Sec. 32. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 29 to 31, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, and sections 29 and 29.5 of this act have the meanings ascribed to them in those sections.
Sec. 33. NRS 278.0105 is hereby amended to read as follows:
278.0105 [Affordable] Attainable housing means tier one affordable housing, tier two affordable housing , [or] tier three affordable housing [.] , tier four affordable housing or tier five affordable housing.
Sec. 34. NRS 278.01902 is hereby amended to read as follows:
278.01902 1. Tier [one] two affordable housing means housing for a household:
(a) Which has a total monthly gross income that is equal to more than 30 percent but not more than 60 percent of the median monthly gross household income for the county in which the housing is located; and
(b) Which costs not more than 30 percent of the total monthly gross household income of a household whose income equals 60 percent of the median monthly gross household income for the county in which the housing is located, including the cost of utilities.
2. For purposes of this section [, median] :
κ2025 Statutes of Nevada, Page 2803 (CHAPTER 432, AB 540)κ
(a) Median gross household income must be determined based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county in which the housing is located [.] ; and
(b) The costs of housing for a household determined pursuant to paragraph (b) of subsection 1 may be offset by the cost savings to the household of energy efficiency measures.
Sec. 35. NRS 278.01904 is hereby amended to read as follows:
278.01904 1. Tier [three] four affordable housing means housing for a household:
(a) Which has a total monthly gross income that is equal to more than 80 percent but not more than 120 percent of the median monthly gross household income for the county in which the housing is located; and
(b) Which costs not more than 30 percent of the total monthly gross household income of a household whose income equals 120 percent of the median monthly gross household income for the county in which the housing is located, including the cost of utilities.
2. For purposes of this section [, median] :
(a) Median gross household income must be determined based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county in which the housing is located [.] ; and
(b) The costs of housing for a household determined pursuant to paragraph (b) of subsection 1 may be offset by the cost savings to the household of energy efficiency measures.
Sec. 36. NRS 278.01906 is hereby amended to read as follows:
278.01906 1. Tier [two] three affordable housing means housing for a household:
(a) Which has a total monthly gross income that is equal to more than 60 percent but not more than 80 percent of the median monthly gross household income for the county in which the housing is located; and
(b) Which costs not more than 30 percent of the total monthly gross household income of a household whose income equals 80 percent of the median monthly gross household income for the county in which the housing is located, including the cost of utilities.
2. For purposes of this section [, median] :
(a) Median gross household income must be determined based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county in which the housing is located [.] ; and
(b) The costs of housing for a household determined pursuant to paragraph (b) of subsection 1 may be offset by the cost savings to the household of energy efficiency measures.
Sec. 37. NRS 278.235 is hereby amended to read as follows:
278.235 1. If the governing body of a city or county is required to include the housing element in its master plan pursuant to NRS 278.150, the governing body, in carrying out the plan for maintaining and developing [affordable] attainable housing to meet the housing needs of the community, which is required to be included in the housing element pursuant to subparagraph (8) of paragraph (c) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:
κ2025 Statutes of Nevada, Page 2804 (CHAPTER 432, AB 540)κ
(a) Reducing , [or] subsidizing or reimbursing, in whole or in part impact fees, fees for the issuance of building permits collected pursuant to NRS 278.580 and fees imposed for the purpose for which an enterprise fund was created.
(b) Selling land owned by the city or county, as applicable, to developers exclusively for the development of [affordable] attainable housing at not more than 10 percent of the appraised value of the land, and requiring that any such savings, subsidy or reduction in price be passed on to the purchaser of housing in such a development. Nothing in this paragraph authorizes a city or county to obtain land pursuant to the power of eminent domain for the purposes set forth in this paragraph.
(c) Donating land owned by the city or county to a nonprofit organization to be used for [affordable] attainable housing.
(d) Leasing land by the city or county to be used for [affordable] attainable housing.
(e) Requesting to purchase land owned by the Federal Government at a discounted price for the creation of [affordable] attainable housing pursuant to the provisions of section 7(b) of the Southern Nevada Public Land Management Act of 1998, Public Law 105-263.
(f) Establishing a trust fund for [affordable] attainable housing that must be used for the acquisition, construction or rehabilitation of [affordable] attainable housing.
(g) Establishing a process that expedites the approval of plans and specifications relating to maintaining and developing [affordable] attainable housing.
(h) Providing money, support or density bonuses for [affordable] attainable housing developments that are financed, wholly or in part, with low-income housing tax credits, private activity bonds or money from a governmental entity for [affordable] attainable housing, including, without limitation, money received pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013.
(i) Providing financial incentives or density bonuses to promote appropriate transit-oriented or multi-story housing developments that would include an [affordable] attainable housing component.
(j) Offering density bonuses or other incentives to encourage the development of [affordable] attainable housing.
(k) Providing direct financial assistance to qualified applicants for the purchase or rental of [affordable] attainable housing.
(l) Providing money for supportive services necessary to enable persons with supportive housing needs to reside in [affordable] attainable housing in accordance with a need for supportive housing identified in the 5-year consolidated plan adopted by the United States Department of Housing and Urban Development for the city or county pursuant to 42 U.S.C. § 12705 and described in 24 C.F.R. Part 91.
2. A governing body may reduce , [or] subsidize or reimburse impact fees, fees for the issuance of building permits or fees imposed for the purpose for which an enterprise fund was created to assist in maintaining or developing a project for [affordable] attainable housing, pursuant to paragraph (a) of subsection 1, only if:
(a) [When the incomes of all the residents of the project for affordable housing are averaged, the housing would be affordable on average for a family with a total gross income that does not exceed 60 percent of the median gross income for the county concerned based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county.
κ2025 Statutes of Nevada, Page 2805 (CHAPTER 432, AB 540)κ
median gross income for the county concerned based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county.
(b) The governing body has adopted an ordinance that establishes the criteria that a project for affordable housing must satisfy to receive assistance in maintaining or developing the project for affordable housing. Such criteria must be designed to put into effect all relevant elements of the master plan adopted by the governing body pursuant to NRS 278.150.
(c) The project for affordable housing satisfies the criteria set forth in the ordinance adopted pursuant to paragraph (b).
(d)] The governing body makes a determination that reducing , [or] subsidizing or reimbursing such fees will not impair adversely the ability of the governing body to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from such fees was pledged.
[(e)] (b) The governing body holds a public hearing concerning the effect of the reduction , [or] subsidization or reimbursement of such fees on the economic viability of the general fund of the city or county, as applicable, and, if applicable, the economic viability of any affected enterprise fund.
3. On or before [July] March 15 of each year, the governing body shall submit to the Housing Division of the Department of Business and Industry a report, in the form prescribed by the Housing Division, of how the measures adopted pursuant to subsection 1 assisted the city or county in maintaining and developing [affordable] attainable housing to meet the needs of the community for the preceding year. The report must include an analysis of the need for [affordable] attainable housing within the city or county that exists at the end of the reporting period. The governing body shall cooperate with the Housing Division to ensure that the information contained in the report is appropriate for inclusion in, and can be effectively incorporated into, the statewide low-income housing database created pursuant to NRS 319.143.
4. On or before [August] April 15 of each year, the Housing Division shall compile the reports submitted pursuant to subsection 3 and post the compilation on the Internet website of the Housing Division.
Sec. 37.2. NRS 349.294 is hereby amended to read as follows:
349.294 All moneys received from the issuance of any securities herein authorized shall be used solely for the purpose or purposes for which issued and to defray wholly or in part the cost of the project thereby delineated [.] , including, without limitation, any proceeds received from the general obligation bonds issued pursuant to section 49.7 of this act. Any accrued interest and any premium shall be applied to the cost of the project or to the payment of the interest on or the principal of the securities, or both interest and principal, or shall be deposited in a reserve therefor, or any combination thereof, as the Commission may determine.
Sec. 37.5. NRS 375.070 is hereby amended to read as follows:
375.070 1. The county recorder shall transmit the proceeds of the tax imposed by NRS 375.020 at the end of each quarter in the following manner:
(a) An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the State Controller who shall deposit that amount in the Account for Affordable Housing created pursuant to NRS 319.500.
κ2025 Statutes of Nevada, Page 2806 (CHAPTER 432, AB 540)κ
(b) In a county whose population is 700,000 or more, an amount equal to that portion of the proceeds which is equivalent to 60 cents for each $500 of value or fraction thereof must be transmitted to the county treasurer for deposit in the county school districts fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.
(c) The remaining proceeds must be transmitted to the State Controller for deposit in the Local Government Tax Distribution Account created by NRS 360.660 for credit to the respective accounts of Carson City and each county.
2. In addition to any other authorized use of the proceeds it receives pursuant to subsection 1, a county or city may use the proceeds to pay expenses related to or incurred for the development of tier one affordable housing , [and] tier two affordable housing [.] , tier three affordable housing and tier four affordable housing. A county or city that uses the proceeds in that manner must give priority to the development of tier one affordable housing , [and] tier two affordable housing , tier three affordable housing and tier four affordable housing for persons who are elderly or persons with disabilities.
3. The expenses authorized by subsection 2 include, but are not limited to:
(a) The costs to acquire land and developmental rights;
(b) Related predevelopment expenses;
(c) The costs to develop the land, including the payment of related rebates;
(d) Contributions toward down payments made for the purchase of affordable housing; and
(e) The creation of related trust funds.
4. As used in this section:
(a) Tier one affordable housing has the meaning ascribed to it in [NRS 278.01902.] section 29.5 of this act.
(b) Tier two affordable housing has the meaning ascribed to it in NRS [278.01906.] 278.01902.
(c) Tier three affordable housing has the meaning ascribed to it in NRS 278.01906.
(d) Tier four affordable housing has the meaning ascribed to it in NRS 278.01904.
Sec. 38. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 39 and 40 of this act.
Sec. 39. 1. The Board shall issue a contractors license by endorsement to an applicant who:
(a) Submits to the Board proof of a contractual agreement to perform work on an attainable housing project in a rural area for which a contractors license is required;
(b) Holds a valid and unrestricted contractors license in the District of Columbia or any state or territory of the United States and the Board determines that the qualifications for that contractors license are substantially similar to the requirements for the issuance of a contractors license in this State;
(c) Has held the contractors license described in paragraph (a) for at least 4 consecutive years;
κ2025 Statutes of Nevada, Page 2807 (CHAPTER 432, AB 540)κ
(d) Has not been disciplined by the corresponding regulatory authority of the District of Columbia or any state or territory of the United States in which the applicant currently holds or has held a contractors license;
(e) Does not have pending any disciplinary action concerning his or her contractors license in the District of Columbia or any state or territory of the United States;
(f) Submits to the Board a complete set of his or her fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report or proof that the applicant has previously passed a comparable criminal background check; and
(g) Submits to the Board the statement required by NRS 425.520.
2. The Board shall approve or deny an application for a contractors license by endorsement submitted pursuant to this section not more than 60 days after the receipt of a completed application, including, without limitation, evidence that the applicant meets the requirements set forth in subsection 1.
3. The Board shall not charge any fee in connection with a contractors license by endorsement issued pursuant to this section.
4. Before issuing a contractors license by endorsement pursuant to this section, the Board shall require that the applicant comply with the requirements set forth in NRS 624.256 and 624.270.
5. A person who obtains a contractors license by endorsement pursuant to this section:
(a) May only perform work relating to an attainable housing project in a rural area of the State; and
(b) Shall not perform any other work in this State unless the person obtains a contractors license in this State.
6. Notwithstanding the provisions of subsections 4 and 7 of NRS 624.3015, a person who meets the requirements of paragraphs (b) to (e), inclusive, of subsection 1, may submit a bid on an attainable housing project or enter into a contractual agreement to perform work on an attainable housing project in a rural area for which a contractors license is required.
7. An applicant for a contractors license by endorsement shall not perform any work on an attainable housing project until the Board has issued the applicant the contractors license by endorsement.
8. A contractors license by endorsement issued pursuant to this section expires on December 31, 2029.
9. The Board shall adopt any regulation necessary to carry out the provisions of this section.
10. As used in this section:
(a) Attainable housing project has the meaning ascribed to it in section 4 of this act.
(b) Rural area means:
(1) Any county whose population is less than 100,000;
(2) Any city in a county whose population is less than 100,000; or
(3) Any city whose population is less than 60,000 in a county whose population is 100,000 or more.
Sec. 40. 1. Notwithstanding any provision of law to the contrary, if the Director of the Department of Business and Industry determines that there is a shortage of skilled labor or licensed contractors in a rural area of this State that is adversely impacting the availability of attainable housing for essential workers who are employed in the rural area, the Director may issue a declaration of such shortage.
κ2025 Statutes of Nevada, Page 2808 (CHAPTER 432, AB 540)κ
there is a shortage of skilled labor or licensed contractors in a rural area of this State that is adversely impacting the availability of attainable housing for essential workers who are employed in the rural area, the Director may issue a declaration of such shortage. No declaration of shortage may be in effect for more than 3 years.
2. Upon the issuance of a declaration pursuant to subsection 1, the Board shall implement a process to issue provisional contractors licenses to any applicant who:
(a) Submits to the Board proof of a contractual agreement to perform work on an attainable housing project in a rural area for which a contractors license is required;
(b) Successfully passes an examination prescribed by the Board relating to Nevada-specific construction standards or otherwise demonstrates knowledge and experience of Nevada-specific construction standards;
(c) Holds a valid and unrestricted contractors license in the District of Columbia or any state or territory of the United States and the Board determines that the qualifications for that contractors license are substantially similar to the requirements for the issuance of a contractors license in this State;
(d) Has held the contractors license described in paragraph (a) for at least 3 consecutive years;
(e) Has not been disciplined by the corresponding regulatory authority of the District of Columbia or any state or territory of the United States in which the applicant currently holds or has held a contractors license;
(f) Does not have pending any disciplinary action concerning his or her contractors license in the District of Columbia or any state or territory of the United States;
(g) Submits to the Board a complete set of his or her fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report or proof that the applicant has previously passed a comparable criminal background check; and
(h) Submits to the Board the statement required by NRS 425.520.
3. The Board shall not charge any fee in connection with a provisional contractors license issued pursuant to this section.
4. The Board shall approve or deny an application for a provisional contractors license submitted pursuant to this section not more than 60 days after the receipt of a completed application, including, without limitation, evidence that the applicant meets the requirements set forth in subsection 2.
5. Before issuing a provisional contractors license pursuant to this section, the Board shall require that the applicant complies with the requirements set forth in NRS 624.256 and 624.270.
6. A person who obtains a provisional contractors license pursuant to this section:
(a) May only perform work relating to an attainable housing project in the rural area of the State described in the declaration issued by the Director of the Department of Business and Industry pursuant to subsection 1; and
κ2025 Statutes of Nevada, Page 2809 (CHAPTER 432, AB 540)κ
(b) Shall not perform any other work in this State for which a contractors license is required unless the person obtains a contractors license in this State.
7. Notwithstanding the provisions of subsections 4 and 7 of NRS 624.3015, a person who meets the requirements of paragraphs (b) to (e), inclusive, of subsection 1, may submit a bid on an attainable housing project or enter into a contractual agreement to perform work on an attainable housing project in a rural area for which a contractors license is required.
8. An applicant for a contractors license by endorsement shall not perform any work on an attainable housing project until the Board has issued the applicant the contractors license by endorsement.
9. A provisional contractors license issued pursuant to this section expires on December 31, 2029.
10. The Board shall adopt any regulation necessary to carry out the provisions of this section.
11. As used in this section:
(a) Attainable housing has the meaning ascribed to it in NRS 278.0105.
(b) Attainable housing project has the meaning ascribed to it in section 4 of this act.
(c) Essential worker has the meaning ascribed to it in section 7 of this act.
(d) Rural area means:
(1) Any county whose population is less than 100,000;
(2) Any city in a county whose population is less than 100,000; or
(3) Any city whose population is less than 60,000 in a county whose population is 100,000 or more.
Sec. 41. NRS 624.240 is hereby amended to read as follows:
624.240 1. [Under] Except as otherwise provided in section 39 or 40 of this act, under reasonable regulations adopted by the Board, the Board may investigate, classify and qualify applicants for contractors licenses by written or oral examinations, or both, and may issue contractors licenses to qualified applicants. The examinations may, in the discretion of the Board, be given in specific classifications only.
2. If a natural person passes the technical examination given by the Board on or after July 1, 1985, to qualify for a classification established pursuant to this chapter, demonstrates to the Board the degree of experience and knowledge required in the regulations of the Board, and is granted a license, the person is qualified for a masters license, if issued by any political subdivision, in the classification for which the examination was given, if the examination required the person to demonstrate his or her knowledge and ability to:
(a) Utilize and understand;
(b) Direct and supervise work in compliance with; and
(c) Perform and apply any calculations required to ensure that work performed is in compliance with,
Κ the applicable codes, standards and regulations.
3. If a natural person qualified for a license before July 1, 1985, in accordance with NRS 624.260 in a trade for which a masters license is required by any political subdivision, and if the license is active on or after July 1, 1985, and if the person so qualified wishes to obtain a masters license, the person must pass either the appropriate examination given by the Board on or after July 1, 1985, in accordance with NRS 624.260 and the regulations of the Board, or the examination given by the political subdivision in the trade for which a masters license is required.
κ2025 Statutes of Nevada, Page 2810 (CHAPTER 432, AB 540)κ
license, the person must pass either the appropriate examination given by the Board on or after July 1, 1985, in accordance with NRS 624.260 and the regulations of the Board, or the examination given by the political subdivision in the trade for which a masters license is required.
Sec. 42. NRS 624.250 is hereby amended to read as follows:
624.250 1. To obtain or renew a license, an applicant must submit to the Board an application in writing containing:
(a) The statement that the applicant desires the issuance of a license under the terms of this chapter.
(b) The street address or other physical location of the applicants place of business.
(c) The name of a person physically located in this State for service of process on the applicant.
(d) The street address or other physical location in this State and, if different, the mailing address, for service of process on the applicant.
(e) Except as otherwise provided in paragraph (f) or (g), the names and physical and mailing addresses of any owners, partners, officers, directors, members and managerial personnel of the applicant.
(f) If the applicant is a corporation, the names and physical and mailing addresses of the president, secretary, treasurer, any officers responsible for contracting activities in this State, any officers responsible for renewing the license of the applicant, any persons used by the applicant to qualify pursuant to NRS 624.260 and any other persons required by the Board.
(g) If the applicant is a limited-liability company, the names and physical and mailing addresses of any managers or members with managing authority, any managers or members responsible for contracting activities in this State, any managers or members responsible for renewing the license of the applicant, any persons used by the applicant to qualify pursuant to NRS 624.260 and any other persons required by the Board.
(h) Any information requested by the Board to ascertain the background, financial responsibility, experience, knowledge and qualifications of the applicant.
(i) All information required to complete the application.
2. The application must be:
(a) Made on a form prescribed by the Board in accordance with the rules and regulations adopted by the Board.
(b) [Accompanied] Except as otherwise provided in this paragraph, accompanied by the application fee fixed by this chapter. If the Director of the Department of Business and Industry issues a declaration of shortage pursuant to section 40 of this act, the Board shall not charge any application fee in connection with obtaining or renewing any contractors license in a rural area until the declaration of shortage is no longer in effect.
3. The Board shall include on an application form for the issuance or renewal of a license, a method for allowing an applicant to make a monetary contribution to the Construction Education Account created pursuant to NRS 624.580. The application form must state in a clear and conspicuous manner that a contribution to the Construction Education Account is voluntary and is in addition to any fees required for licensure. If the Board receives a contribution from an applicant, the Board shall deposit the contribution with the State Treasurer for credit to the Construction Education Account.
κ2025 Statutes of Nevada, Page 2811 (CHAPTER 432, AB 540)κ
4. [Before] Except as otherwise provided in this subsection, before issuing a license to any applicant, the Board shall require the applicant to pay the license fee fixed by this chapter and, if applicable, any assessment required pursuant to NRS 624.470. If the Director of the Department of Business and Industry issues a declaration of shortage pursuant to section 40 of this act, the Board shall not charge any license fee to an applicant in a rural area until the declaration of shortage is no longer in effect.
5. As used in this section, rural area has the meaning ascribed to it in section 40 of this act.
Sec. 43. NRS 624.253 is hereby amended to read as follows:
624.253 1. A licensee may make application for classification and be classified in one or more classifications if the licensee meets the qualifications prescribed by the Board for such additional classification or classifications.
2. [An] Except as otherwise provided in this subsection, an additional application and license fee may be charged for qualifying or classifying a licensee in additional classifications. If the Director of the Department of Business and Industry issues a declaration of shortage pursuant to section 40 of this act, the Board shall not charge any additional application and license fee for qualifying or classifying a licensee in additional classifications in a rural area until the declaration of shortage is no longer in effect.
3. As used in this section, rural area has the meaning ascribed to it in section 40 of this act.
Sec. 44. NRS 624.265 is hereby amended to read as follows:
624.265 1. An applicant for a contractors license or a licensed contractor, each officer, director, partner and associate thereof, and any person who qualifies on behalf of the applicant pursuant to subsection 2 of NRS 624.260 must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, any officer, director, partner or associate thereof, or any person who qualifies on behalf of the applicant has:
(a) Committed any act which would be grounds for the denial, suspension or revocation of a contractors license;
(b) A bad reputation for honesty and integrity;
(c) Entered a plea of guilty, guilty but mentally ill or nolo contendere to, been found guilty or guilty but mentally ill of, or been convicted, in this State or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his or her unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or
(d) Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.
2. Upon the request of the Board, an applicant for a contractors license, any officer, director, partner or associate of the applicant and any person who qualifies on behalf of the applicant pursuant to subsection 2 of NRS 624.260 must submit to the Board completed fingerprint cards and a form authorizing an investigation of the applicants background and the submission of the fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those that are provided to the applicant by the Board.
κ2025 Statutes of Nevada, Page 2812 (CHAPTER 432, AB 540)κ
applicant by the Board. The applicants fingerprints may be taken by an agent of the Board or an agency of law enforcement.
3. Except as otherwise provided in NRS 239.0115, the Board shall keep the results of the investigation confidential and not subject to inspection by the general public.
4. The Board shall establish by regulation the fee for processing the fingerprints to be paid by the applicant. [The] Except as otherwise provided in this subsection, the fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints. If the Director of the Department of Business and Industry issues a declaration of shortage pursuant to section 40 of this act, the Board shall not charge a fee for processing the fingerprints of an applicant for a contractors license in a rural area or any officer, director, partner or associate of the applicant or any person who qualifies on behalf of the applicant until the declaration of shortage is no longer in effect.
5. The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:
(a) Arrests;
(b) Guilty and guilty but mentally ill pleas;
(c) Sentencing;
(d) Probation;
(e) Parole;
(f) Bail;
(g) Complaints; and
(h) Final dispositions,
Κ for the investigation of a licensee or an applicant for a contractors license.
6. As used in this section, rural area has the meaning ascribed to it in section 40 of this act.
Sec. 45. NRS 624.281 is hereby amended to read as follows:
624.281 1. [If] Except as otherwise provided in this section, if an applicant wishes to have a license issued in an expedited manner, the applicant must pay a fee for an application equal to two times the amount of the fee regularly paid for an application pursuant to subsection 1 of NRS 624.280.
2. [The] Except as otherwise provided in this section, the applicant must pay one-half of the fee required pursuant to subsection 1 when submitting the application and the other one-half of the fee when the Board issues the license.
3. [In] Except as otherwise provided in this section, in addition to the fee required pursuant to subsection 1, the applicant shall reimburse the Board for the actual costs and expenses incurred by the Board in processing the application.
4. If the Director of the Department of Business and Industry issues a declaration of shortage pursuant to section 40 of this act, the Board shall not charge an applicant in a rural area any fee pursuant to subsection 1 or for the costs and expenses incurred by the Board, as described in subsection 3, in processing the application until the declaration of shortage is no longer in effect.
κ2025 Statutes of Nevada, Page 2813 (CHAPTER 432, AB 540)κ
5. The Board shall adopt regulations prescribing the procedures for making an application pursuant to this section.
6. As used in this section, rural area has the meaning ascribed to it in section 40 of this act.
Sec. 46. NRS 624.283 is hereby amended to read as follows:
624.283 1. [Each] Except as otherwise provided in sections 39 and 40 of this act, each license issued under the provisions of this chapter expires 2 years after the date on which it is issued, except that the Board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered biennial renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.
2. Except as otherwise provided in subsection 5, a license may be renewed by submitting to the Board:
(a) An application for renewal;
(b) [The] Except as otherwise provided in subsection 7, the fee for renewal fixed by the Board;
(c) Any assessment required pursuant to NRS 624.470 if the holder of the license is a residential contractor as defined in NRS 624.450; and
(d) All information required to complete the renewal.
3. The Board may require a licensee to demonstrate financial responsibility at any time through the submission of:
(a) A financial statement that is:
(1) Prepared by an independent certified public accountant; or
(2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and
(b) If the licensee performs residential construction, such additional documentation as the Board deems appropriate.
4. Except as otherwise provided in subsection 5, if a license is automatically suspended pursuant to subsection 1, the licensee may have the license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the Board, if the licensee is otherwise in good standing and there are no complaints pending against the licensee. If the licensee is otherwise not in good standing or there is a complaint pending, the Board shall require the licensee to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. An application for renewal must be accompanied by all information required to complete the renewal. A license which is not reinstated within 6 months after it is automatically suspended may be cancelled by the Board, and a new license may be issued only upon application for an original contractors license.
5. If a license is automatically suspended pursuant to subsection 1 while the licensee was on active duty as a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, the licensee may submit an application to the Board requesting the reinstatement of his or her license without the imposition of any penalty, punishment or disciplinary action authorized by the provisions of this chapter. The Board may reinstate the license if:
(a) The application for reinstatement is submitted while the licensee is serving in the Armed Forces of the United States, a reserve component thereof or the National Guard; and
κ2025 Statutes of Nevada, Page 2814 (CHAPTER 432, AB 540)κ
(b) Except as otherwise provided in subsection 6, the application for reinstatement is accompanied by an affidavit setting forth the dates of service of the licensee and the fee for renewal fixed by the Board pursuant to subsection 2.
6. The Board may waive the fee for renewal of a license for a licensee specified in subsection 5 if:
(a) The license was valid at the time the licensee was called to active duty in the Armed Forces of the United States, a reserve component thereof or the National Guard; and
(b) The licensee provides written documentation satisfactory to the Board substantiating his or her claim of service on active duty in the Armed Forces of the United States, a reserve component thereof or the National Guard.
7. If the Director of the Department of Business and Industry issues a declaration of shortage pursuant to section 40 of this act, the Board shall not charge an applicant for renewal in a rural area or an applicant for reinstatement in a rural area whose license was automatically suspended pursuant to subsection 1 any fee for renewal or reinstatement until the declaration of shortage is no longer in effect.
8. As used in this section, rural area has the meaning ascribed to it in section 40 of this act.
Sec. 47. Section 9 of this act is hereby amended to read as follows:
Sec. 9. 1. The Nevada Attainable Housing Account is hereby created in the State General Fund. All money that is collected for the use of the Account from any source must be deposited in the Account.
2. The money in the Nevada Attainable Housing Account must be used for the purposes described in section 10 of this act.
3. The Nevada Attainable Housing Account must be administered by the Division. The Division may apply for and accept any gift, grant, donation, bequest or other source of money for deposit in the Account.
4. The interest and income earned on money in the Nevada Attainable Housing Account, after deducting any applicable charges, must be credited to the Account.
5. [Any] Except as otherwise provided in subsection 6, any money remaining in the Account at the end of the fiscal year must remain in the Account and does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
6. At the end of each fiscal year, any money in the Account that exceeds $133,000,000 must be transferred to the State General Fund.
Sec. 48. 1. The State Contractors Board shall adopt any regulation necessary to carry out the provisions of section 39 of this act before January 1, 2026.
2. On or before December 31, 2028, the Board shall submit a report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 85th Session of the Legislature that, without limitation:
(a) Evaluates the impact in rural areas on workforce mobility, local businesses and economic development that can be attributed to the issuance of contractors licenses by endorsement pursuant to section 39 of this act; and
κ2025 Statutes of Nevada, Page 2815 (CHAPTER 432, AB 540)κ
(b) Provides recommendations relating to whether the requirement for the Board to issue contractors licenses by endorsement pursuant to section 39 of this act should be continued, modified or terminated.
Sec. 49. 1. The State Contractors Board shall adopt any regulation necessary to carry out the provisions of section 40 of this act before January 1, 2026.
2. On or before December 31, 2028, the Board shall submit a report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 85th Session of the Legislature that, without limitation:
(a) Evaluates the impact in rural areas on attainable housing, local businesses and economic development that can be attributed to the issuance of provisional contractors licenses pursuant to section 40 of this act; and
(b) Provides recommendations relating to whether the requirement for the Board to issue provisional contractors licenses pursuant to section 40 of this act should be continued, modified or terminated.
Sec. 49.5. 1. Each governing body of a city or county shall submit to the Housing Division of the Department of Business and Industry the report required pursuant to subsection 3 of NRS 278.235, as that section existed on June 30, 2025, on or before July 15, 2025.
2. On or before August 15, 2025, the Housing Division shall compile the reports required pursuant to subsection 1 and post the compilation on the Internet website of the Housing Division, as required pursuant to NRS 278.235, as that section existed on June 30, 2025.
3. As used in this section, governing body has the meaning ascribed to it in NRS 278.015.
Sec. 49.7. 1. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $50,000,000 in the 2025-2027 biennium, the proceeds of which must be deposited in the Nevada Attainable Housing Infrastructure Account created by subsection 2 and used by the Housing Division of the Department of Business and Industry to make loans for the development or construction of a project:
(a) That will serve attainable housing that is located in a special improvement district or special assessment district; and
(b) For which not less than 85 percent of the total cost of developing or constructing the infrastructure will be paid from assessments levied within the district, or by the applicant, or any combination thereof.
2. The Nevada Attainable Housing Infrastructure Account is hereby created in the State General Fund. All money that is collected for the use of the Account from any source must be deposited in the Account. The Account must be administered by the Housing Division.
3. The proceeds of any bonds issued pursuant to subsection 1 that are deposited in the Nevada Attainable Housing Infrastructure Account must be used for the purposes set forth in subsection 1.
4. Interest and income earned on money in the Nevada Attainable Housing Infrastructure Account, after deducting any applicable charges, must be credited to the Account.
5. Any money remaining in the Nevada Attainable Housing Infrastructure Account at the end of the fiscal year must remain in the Account and does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
κ2025 Statutes of Nevada, Page 2816 (CHAPTER 432, AB 540)κ
6. The Housing Division shall adopt regulations to carry out its duties set forth in subsection 1 and for the administration of the Nevada Attainable Housing Infrastructure Account, but such regulations must not authorize the use of any proceeds from the bonds issued pursuant to subsection 1 for forgivable loans.
7. Each calendar year, if the uncommitted balance in the Nevada Attainable Housing Infrastructure Account exceeds $1,000,000, the Administrator of the Housing Division shall create an allocation plan for disbursing the money in the Account. The allocation plan must prioritize projects that are committed to longer periods of affordability and that serve households that have a total monthly gross income that is more than 80 percent but not more than 120 percent of the median monthly gross household income for the county in which the attainable housing is located.
8. Before adopting a proposed allocation plan pursuant to subsection 7, the Administrator of the Housing Division must:
(a) Hold at least one public hearing on the proposed allocation plan that complies with the provisions set forth in chapter 241 of NRS; and
(b) Make the proposed allocation plan available on the Internet website of the Housing Division at least 14 days before the first public hearing held pursuant to paragraph (a).
9. The adoption of an allocation plan pursuant to subsection 7 must comply with the regulations adopted pursuant to subsection 6 but is not subject to the requirements of chapter 233B of NRS.
10. A disbursement of money from the Nevada Attainable Housing Infrastructure Account pursuant to this section must be in the form of a loan and must comply with the allocation plan for the calendar year in which the disbursement is made. Any project that receives a loan must serve households whose income does not exceed the income levels established in the allocation plan for that calendar year and must remain affordable for a period of not less than 20 years or a longer period, as established by regulation or contract.
11. The Housing Division shall submit an annual report to the Interim Finance Committee that sets forth:
(a) For each loan made from the Nevada Attainable Housing Infrastructure Account during the reporting period:
(1) The amount and purpose of the loan;
(2) The location and description of the project for which the loan was made; and
(3) The number and the income levels of all households that are or will be served by the project;
(b) Any other information that the Housing Division determines is necessary to include in the report; and
(c) Any other information requested by the Interim Finance Committee.
12. A governing body, an applicant, any contractor who is awarded or enters into an agreement to perform the construction work on a project, and any subcontractor who performs any portion of the construction work on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body had undertaken the project or awarded the contract, only with respect to construction work funded through a special improvement district or special assessment district.
κ2025 Statutes of Nevada, Page 2817 (CHAPTER 432, AB 540)κ
13. As used in this section:
(a) Attainable housing has the meaning ascribed to it in section 3 of this act.
(b) Applicant means the owners of all of the assessable property within a proposed special improvement district or special assessment district who have entered into a written agreement with a governing body pursuant to subsection 1 of NRS 271.710.
(c) Governing body has the meaning ascribed to it in NRS 271.115.
(d) Proceeds means amounts received from the sale of an issue of the general obligation bonds and any accrued interest thereon.
(e) Project has the meaning ascribed to it in NRS 271.175.
Sec. 50. There is hereby appropriated from the State General Fund to the Nevada Attainable Housing Account created by section 9 of this act the sum of $133,000,000.
Sec. 50.5. 1. Notwithstanding any other provision of this act, the Housing Division of the Department of Business and Industry shall include in the initial allocation plan adopted pursuant to section 11 of this act the following allocations of money from the Nevada Attainable Housing Account:
(a) The amount of $83,000,000 to be distributed to eligible entities for any combination of the following:
(1) Competitive loans, grants or rebates to support the development of attainable housing;
(2) Competitive loans, grants or rebates for the development of attainable housing projects that qualify for federal low-income housing tax credits, as defined in NRS 360.863; and
(3) The acquisition of land for the development of attainable housing projects;
(b) The amount of $25,000,000 to be distributed to eligible entities for programs that assist essential workers to purchase homes, including, without limitation, programs that provide down payment assistance, interest rate buydowns or other forms of direct financial support to essential workers for purchasing homes;
(c) The amount of $25,000,000 to be distributed to eligible entities for incentives for local governments to increase the supply of attainable housing, including, without limitation:
(1) Incentives for local governments to expedite the approval of attainable housing projects;
(2) Reimbursing local governments for waiving or deferring the payment of fees or taxes for attainable housing projects that are affordable for households that have a total monthly gross income that is not more than 150 percent of the median monthly gross household income for the county in which the housing is located; or
(3) Taking any other action within the authority of the local government that increases the supply of attainable housing.
2. The provisions of section 12 of this act apply to any eligible entity that receives a disbursement of money from the Nevada Attainable Housing Account pursuant to this section.
3. The Division shall include in the reports required pursuant to section 14.5 of this act information about the disbursements of money from the Nevada Attainable Housing Account required pursuant to this section.
4. As used in this section:
κ2025 Statutes of Nevada, Page 2818 (CHAPTER 432, AB 540)κ
(a) Attainable housing has the meaning ascribed to it in section 3 of this act.
(b) Attainable housing project has the meaning ascribed to it in section 4 of this act.
(c) Eligible entity has the meaning ascribed to it in section 6 of this act.
(d) Essential worker has the meaning ascribed to it in section 7 of this act.
(e) Nevada Attainable Housing Account means the Account created by section 9 of this act.
Sec. 50.6. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 50.8. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 51. The provisions of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 52. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 53. 1. This section and sections 51 and 52 of this act become effective upon passage and approval.
2. Sections 1 to 46, inclusive, 48, 49, 49.5, 49.7, 50.5, 50.6 and 50.8 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2025, for all other purposes.
3. Section 50 of this act becomes effective on July 1, 2025.
4. Sections 39 to 46, inclusive, of this act expire by limitation on December 31, 2029.
5. Section 47 of this act becomes effective on January 1, 2030.
________
κ2025 Statutes of Nevada, Page 2819κ
Assembly Bill No. 550Committee on Ways and Means
CHAPTER 433
[Approved: June 9, 2025]
AN ACT relating to criminal procedure; revising provisions governing the commitment and release of incompetent criminal defendants; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that if a court dismisses the proceedings against a defendant who is charged with any category A felony or certain category B felonies because the court finds that the defendant is incompetent with no substantial probability of attaining competence in the foreseeable future, the prosecuting attorney is authorized to file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services. (NRS 178.461) Section 1.5 of this bill limits this authority by allowing the prosecuting attorney to file such a motion only if the person was previously ordered to receive treatment to competency in an attempt to cause the person to attain competency to stand trial or receive pronouncement of judgment for a felony charge that was dismissed. Section 1.5 also requires the prosecuting attorney to serve the motion upon the Division.
Existing law requires a prosecuting attorney who files a motion for a hearing to determine whether to commit a person to the custody of the Administrator to request from the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility. (NRS 178.461) Section 1.5 instead requires the prosecuting attorney to include a request for an order directing the Division to complete a comprehensive risk assessment in the motion for a hearing. Section 1.5 also requires the court to issue an order directing the Division to complete a comprehensive risk assessment not later than 5 judicial days after the date on which the motion is filed.
Existing law authorizes the Division or a person committed to the custody of the Administrator of the Division to petition the committing court for conditional release. If a person is granted conditional release, the court is required to: (1) periodically review the eligibility of the person for discharge from conditional release; and (2) discharge the person from conditional release if, upon review, the court finds by clear and convincing evidence that the person no longer poses a danger to himself or herself or others. (NRS 178.463) Section 2 of this bill provides that when a person is discharged from conditional release, the State and any of its agents or employees are not liable for: (1) any debts, contractual obligations or medical expenses incurred by the person; or (2) any damages caused by the actions of the person.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.5. NRS 178.461 is hereby amended to read as follows:
178.461 1. If the proceedings against a defendant who is charged with any category A felony or a category B felony listed in subsection 6 are dismissed pursuant to subsection 5 of NRS 178.425, and the defendant was previously ordered, pursuant to NRS 178.425, to receive treatment to competency in an attempt to cause the defendant to attain competency to stand trial or receive pronouncement of judgment for any such felony charge that was dismissed, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator .
κ2025 Statutes of Nevada, Page 2820 (CHAPTER 433, AB 550)κ
stand trial or receive pronouncement of judgment for any such felony charge that was dismissed, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator . [pursuant to subsection 3.] A motion filed pursuant to this subsection must:
(a) Include a request for an order directing the Division to complete a comprehensive risk assessment; and
(b) Be served upon the Division.
2. If the prosecuting attorney files a motion pursuant to subsection 1, [the prosecuting attorney shall, not later than the date on which the prosecuting attorney files the motion, request from the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility. The] the court shall, not later than 5 judicial days after the date on which the motion is filed, issue an order directing the Division to complete a comprehensive risk assessment. The Division shall, except as otherwise provided in this subsection, complete the comprehensive risk assessment within 40 calendar days after [receipt of] the [request] court issues the order and provide the comprehensive risk assessment to the court, the prosecuting attorney and counsel for the person. The court may grant the Division an extension to complete the comprehensive risk assessment upon a showing of good cause. Within 10 judicial days after receipt of the comprehensive risk assessment, the court shall hold a hearing on the motion. If the person was charged with any category A felony other than murder or sexual assault or a category B felony listed in subsection 6 and the comprehensive risk assessment indicates that the person does not require the level of security provided by a forensic facility, the court shall dismiss the motion.
3. At a hearing held pursuant to subsection 2, if the court finds by clear and convincing evidence that the person has a mental disorder, that the person is a danger to himself or herself or others and that the persons dangerousness is such that the person requires placement at a forensic facility, the court may order:
(a) The sheriff to take the person into protective custody and transport the person to a forensic facility; and
(b) That the person be committed to the custody of the Administrator and kept under observation until the person is eligible for conditional release pursuant to NRS 178.463 or until the maximum length of commitment described in subsection 4 or 7 has expired.
4. Except as otherwise provided in subsection 7, the length of commitment of a person pursuant to subsection 3 must not exceed 10 years, including any time that the person has been on conditional release pursuant to NRS 178.463.
5. At least once every 12 months, the court shall review the eligibility of the defendant for conditional release.
6. The provisions of subsection 1 apply to any of the following category B felonies:
(a) Voluntary manslaughter pursuant to NRS 200.050;
(b) Mayhem pursuant to NRS 200.280;
(c) Kidnapping in the second degree pursuant to NRS 200.330;
(d) Assault with a deadly weapon pursuant to NRS 200.471;
(e) Battery with a deadly weapon pursuant to NRS 200.481;
(f) Aggravated stalking pursuant to NRS 200.575;
κ2025 Statutes of Nevada, Page 2821 (CHAPTER 433, AB 550)κ
(g) First degree arson pursuant to NRS 205.010;
(h) Residential burglary with a deadly weapon pursuant to NRS 205.060;
(i) Invasion of the home with a deadly weapon pursuant to NRS 205.067;
(j) Any category B felony involving the use of a firearm; and
(k) Any attempt to commit a category A felony.
7. If a person is within 6 months of the maximum length of commitment set forth in this subsection or subsection 4, as applicable, and:
(a) Was charged with murder or sexual assault; and
(b) Was committed to the custody of the Administrator pursuant to this subsection or subsection 3,
Κ the Administrator may file a motion to request an extension of the length of commitment for not more than 5 additional years.
8. The court may grant a motion for an extension of the length of commitment pursuant to subsection 7 if, at a hearing conducted on the motion, the court finds by clear and convincing evidence that the person is a danger to himself or herself or others and that the persons dangerousness is such that the person requires placement at a forensic facility.
9. At a hearing conducted pursuant to subsection 8, a person who is committed has the right to be represented by counsel. If the person does not have counsel, the court shall appoint an attorney to represent the person.
Sec. 2. NRS 178.463 is hereby amended to read as follows:
178.463 1. The Division or a person who is committed to the custody of the Administrator pursuant to NRS 178.461 may petition the court which committed the person for conditional release.
2. A person who is committed to the custody of the Administrator pursuant to NRS 178.461 is eligible for conditional release only after:
(a) The Division has completed a comprehensive risk assessment concerning the person;
(b) A decision to release the person from commitment with conditions imposed by the court in consultation with the Division has been made based on input from the persons treatment team, the prosecuting attorney, the counsel for the person and the team that will supervise the person in the community; and
(c) The court which committed the person has approved the conditional release.
3. If a person is serving a period of conditional release pursuant to this section, the court must, at least once every 12 months, review the eligibility of the defendant for discharge from conditional release. If, at the conclusion of the review required by this subsection, the court finds by clear and convincing evidence that the person is not a danger to himself or herself or others, the court must discharge the person from conditional release. When a person is discharged from conditional release pursuant to this subsection, the State and any of its agents or employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person.
4. The length of the period of conditional release must not exceed 10 years, including any time that the person has been committed to the custody of the Administrator pursuant to NRS 178.461 and 178.464, except that the length of the period of conditional release may be extended for not more than 5 additional years if the length of the period of commitment has been extended pursuant to subsection 7 of NRS 178.461.
κ2025 Statutes of Nevada, Page 2822 (CHAPTER 433, AB 550)κ
Sec. 3. The amendatory provisions of section 1.5 of this act apply to offenses committed on or after July 1, 2025.
Sec. 4. This act becomes effective on July 1, 2025.
________
Senate Bill No. 6Committee on Natural Resources
CHAPTER 434
[Approved: June 9, 2025]
AN ACT making an appropriation to the Desert Research Institute of the Nevada System of Higher Education to support the Nevada State Cloud Seeding Program; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Desert Research Institute of the Nevada System of Higher Education to support the Nevada State Cloud Seeding Program administered by the Desert Research Institute the following sums:
For the Fiscal Year 2025-2026.................................................... $600,000
For the Fiscal Year 2026-2027.................................................... $600,000
2. The Desert Research Institute shall:
(a) Prepare and transmit a report to the Interim Finance Committee on or before September 1, 2026, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Desert Research Institute through June 30, 2026; and
(b) Prepare and transmit a report to the Interim Finance Committee on or before September 1, 2027, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Desert Research Institute through June 30, 2027.
Sec. 2. Any balance of the sums appropriated by section 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.
Sec. 3. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 2823κ
Senate Bill No. 7Committee on Judiciary
CHAPTER 435
[Approved: June 9, 2025]
AN ACT relating to criminal procedure; authorizing a court to waive the requirement that the Division of Parole and Probation of the Department of Public Safety make a presentence investigation and report under certain circumstances; providing that a failure by the Chief Parole and Probation Officer to submit a presentence investigation and report before a sentencing hearing is not grounds for an order of contempt under certain circumstances; revising requirements relating to the disclosure of a presentence investigation and report to a defendant; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Division of Parole and Probation of the Department of Public Safety to make a presentence investigation and report to the court on certain defendants. (NRS 176.135) Section 1 of this bill authorizes the court to waive this requirement if the defendant and the prosecuting attorney stipulate to waive the requirement and the court approves the stipulation. Section 3 of this bill makes a conforming change to clarify that if the court waives the requirement, the court may grant probation without receiving the presentence investigation and report.
Existing law requires the Division to: (1) include a psychosexual evaluation as part of a presentence investigation and report under certain circumstances; and (2) arrange for a psychosexual evaluation of each defendant to whom this requirement applies. (NRS 176.135, 176.139) Existing law requires a person who conducts a psychosexual evaluation of a defendant to provide a copy of the written report of the results of the evaluation to the Division. (NRS 176.139) Section 1 provides that if the Division does not receive a copy of the written report of the results of the evaluation at least 3 days before the sentencing hearing, a failure by the Chief Parole and Probation Officer to submit the presentence investigation and report before the sentencing hearing is not grounds for an order of contempt.
In general, existing law requires the Division to disclose the factual content of the report of any presentence investigation made by the Division to the prosecuting attorney, the counsel for the defendant, the defendant and the court not later than 14 calendar days before the defendant who is the subject of the report will be sentenced. (NRS 176.153) Section 2 of this bill reduces that period to 7 calendar days.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.135 is hereby amended to read as follows:
176.135 1. Except as otherwise provided in this section and NRS 176.151, the Division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, a felony [.] unless:
(a) The defendant and the prosecuting attorney stipulate to waive the requirement; and
(b) The court approves the stipulation.
κ2025 Statutes of Nevada, Page 2824 (CHAPTER 435, SB 7)κ
2. If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report:
(a) Must be made before the imposition of sentence or the granting of probation; and
(b) If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, must include a psychosexual evaluation of the defendant.
3. Except as otherwise provided in subsection 5, if a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:
(a) A sentence is fixed by a jury; or
(b) Such an investigation and report on the defendant has been made by the Division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.
4. Upon request of the court, the Division shall make presentence investigations and reports on defendants who plead guilty, guilty but mentally ill or nolo contendere to, or are found guilty or guilty but mentally ill of, gross misdemeanors.
5. If a defendant is convicted of a felony other than a sexual offense or of a gross misdemeanor and the conviction is of an offense for which the suspension of sentence or the granting of probation is permitted, the Division shall, before the imposition of sentence or the granting of probation, make a presentence investigation and report to the court that includes a psychosexual evaluation of the defendant if the defendant and the prosecuting attorney submit to the court a joint request for a presentence investigation and report that includes a psychosexual evaluation of the defendant. The provisions of this subsection apply only to a conviction where the original charge in the complaint, information or indictment was for a sexual offense, as defined in NRS 176.133 or 179D.097.
6. Each court in which a report of a presentence investigation can be made must ensure that each judge of the court receives training concerning the manner in which to use the information included in a report of a presentence investigation for the purpose of imposing a sentence. Such training must include, without limitation, education concerning behavioral health needs and intellectual or developmental disabilities.
7. If the Division does not receive the written report of the results of a psychosexual evaluation required by NRS 176.139 at least 3 days before the sentencing hearing, a failure by the Chief Parole and Probation Officer to submit the presentence investigation and report before the sentencing hearing does not constitute an act or omission that may serve as the basis for an order of contempt pursuant to NRS 22.010 or 199.340.
Sec. 2. NRS 176.153 is hereby amended to read as follows:
176.153 1. Except as otherwise provided in subsection 3, the Division shall disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court, not later than [14] 7 calendar days before the defendant will be sentenced, the factual content of the report of any presentence investigation made pursuant to NRS 176.135.
2. In addition to the disclosure requirements set forth in subsection 1, if the Division includes in the report of any presentence investigation made pursuant to NRS 176.135 any information relating to the defendant being affiliated with or a member of a criminal gang and the Division reasonably believes such information is disputed by the defendant, the Division shall provide with the information disclosed pursuant to subsection 1 copies of all documentation relied upon by the Division as a basis for including such information in the report, including, without limitation, any field interview cards.
κ2025 Statutes of Nevada, Page 2825 (CHAPTER 435, SB 7)κ
provide with the information disclosed pursuant to subsection 1 copies of all documentation relied upon by the Division as a basis for including such information in the report, including, without limitation, any field interview cards.
3. The defendant may waive the minimum period required by subsection 1.
4. As used in this section, criminal gang has the meaning ascribed to it in NRS 193.168.
Sec. 3. NRS 176A.100 is hereby amended to read as follows:
176A.100 1. Except as otherwise provided in this section and NRS 176A.110 and 176A.120, if a person is found guilty in a district court upon verdict or plea of:
(a) Murder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, lewdness with a child pursuant to NRS 201.230, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.
(b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person. The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time of sentencing, it is established that the person had previously been two times convicted, whether in this State or elsewhere, of a crime that under the laws of the situs of the crime or of this State would amount to a felony. If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this paragraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
(c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.
2. In determining whether to grant probation to a person, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.
3. If the court determines that a person is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing the person to a term of imprisonment, grant probation pursuant to the Program of Enhanced Supervision established pursuant to NRS 176A.440.
4. Except as otherwise provided in this subsection, and unless the court approves a stipulation waiving the requirement for the Division to make a presentence investigation and report to the court pursuant to subsection 1 of NRS 176.135, if a person is convicted of a felony and the Division is required to make a presentence investigation and report to the court pursuant to NRS 176.135, the court shall not grant probation to the person until the court receives the report of the presentence investigation from the Chief Parole and Probation Officer. The Chief Parole and Probation Officer shall submit the report of the presentence investigation to the court not later than 45 days after receiving a request for a presentence investigation from the sentencing court or county clerk.
κ2025 Statutes of Nevada, Page 2826 (CHAPTER 435, SB 7)κ
Officer shall submit the report of the presentence investigation to the court not later than 45 days after receiving a request for a presentence investigation from the sentencing court or county clerk. If the report of the presentence investigation is not submitted by the Chief Parole and Probation Officer within 45 days, the court may grant probation without the report.
5. If the court determines that a person is otherwise eligible for probation, the court shall, when determining the conditions of that probation, consider the imposition of such conditions as would facilitate timely payments by the person of an obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
Sec. 4. The amendatory provisions of this act apply to any request for a presentence investigation received by the Division of Parole and Probation of the Department of Public Safety from a sentencing court or county clerk in this State on or after July 1, 2025.
Sec. 5. This act becomes effective on July 1, 2025.
________
Senate Bill No. 20Committee on Judiciary
CHAPTER 436
[Approved: June 9, 2025]
AN ACT relating to judicial administration; revising requirements relating to certain proceedings in justice court; revising provisions governing the selection of jurors; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires certain proceedings in a justice court to be recorded by the use of sound recording equipment. (NRS 4.390) Existing law also specifies that if a case is tried by jury in a justice court, a certified court reporter must be present and report on the trial under certain circumstances. (NRS 175.011) Section 4 of this bill eliminates this requirement, thereby authorizing a justice court to record a proceeding before a jury using sound recording equipment under certain circumstances.
Existing law provides that sound recordings of certain proceedings in justice court must be preserved for certain periods. (NRS 4.420) Section 5.5 of this bill provides that with respect to certain criminal proceedings in a justice court, sound recordings must be preserved for a period of at least 5 years.
Existing law authorizes a district court to assign a jury commissioner to select trial jurors. Existing law requires a jury commissioner so assigned to select trial jurors from among the qualified electors of the county or city, as applicable, who are not exempt from jury duty. As part of the jury selection process, existing law requires a jury commissioner to compile and maintain a list of qualified electors from information provided to the jury commissioner, including information provided by the Department of Health and Human Services concerning persons who receive public assistance. (NRS 6.045) Section 5.7 of this bill creates an exception to this requirement if the inclusion of such information is prohibited by federal law or regulation.
Existing law also requires the Department, upon the request of a district judge or jury commissioner, to provide a list of the names and addresses of persons who receive public assistance for use in jury selection. (NRS 422A.343) Section 5.9 of this bill creates an exception to this requirement if the provision of such information is prohibited by federal law or regulation.
κ2025 Statutes of Nevada, Page 2827 (CHAPTER 436, SB 20)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 4. NRS 175.011 is hereby amended to read as follows:
175.011 1. Cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the prosecuting attorney. A defendant who pleads not guilty to the charge of a capital offense must be tried by jury.
2. Except as otherwise provided in subsection 1, in a justice court, a case must be tried by jury only if the defendant so demands in writing not less than 30 days before trial. [Except as otherwise provided in NRS 4.390 and 4.400, if a case is tried by jury, a reporter must be present who is a certified court reporter and shall report the trial.]
3. Any proceeding before a jury in justice court may be recorded using sound recording equipment in accordance with NRS 4.390 and 4.400.
Sec. 5. (Deleted by amendment.)
Sec. 5.5. NRS 4.420 is hereby amended to read as follows:
4.420 1. Except as otherwise provided in this section:
(a) The sound recording of each proceeding in justice court must be preserved until at least 1 year after the time for filing an appeal expires.
(b) With respect to a proceeding in justice court that involves a misdemeanor for which enhanced penalties may be imposed, a gross misdemeanor or a felony, the sound recording of the proceeding must be preserved for at least 8 years after the time for filing an appeal expires.
(c) With respect to a preliminary hearing conducted pursuant to NRS 171.178, the sound recording of the proceeding must be preserved for at least 5 years after the date of the preliminary hearing.
2. If no appeal is taken, the justice of the peace may order the destruction of the recording at any time after the date specified in subsection 1.
3. If there is an appeal to the district court, the sound recording must be preserved until at least 30 days after final disposition of the case on appeal, but the justice of the peace may order the destruction of the recording at any time after that date.
Sec. 5.7. NRS 6.045 is hereby amended to read as follows:
6.045 1. A court may by rule of court designate the clerk of the court, one of the clerks deputies or another person as a jury commissioner and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.
2. If a jury commissioner is so selected, the jury commissioner shall from time to time estimate the number of trial jurors which will be required for attendance on the designated court and shall select that number from the qualified electors of:
(a) The county; or
(b) The city whose population is 220,000 or more, for a municipal court,
κ2025 Statutes of Nevada, Page 2828 (CHAPTER 436, SB 20)κ
Κ not exempt by law from jury duty, whether registered as voters or not. The jurors may be selected by computer whenever procedures to assure random selection from computerized lists are established by the jury commissioner.
3. The jury commissioner shall, for the purpose of selecting trial jurors, compile and maintain a list of qualified electors from information provided by:
(a) A list of persons who are registered to vote in the county or city, as applicable;
(b) The Department of Motor Vehicles pursuant to NRS 482.171 and 483.225;
(c) The Employment Security Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 612.265;
(d) A public utility pursuant to NRS 704.206; and
(e) [The] Except as otherwise prohibited by federal law or regulation, the Department of Health and Human Services pursuant to NRS 422A.343.
4. In compiling and maintaining the list of qualified electors, the jury commissioner shall avoid duplication of names.
5. The jury commissioner shall:
(a) Keep a record of the name, occupation, address and race of each trial juror selected pursuant to subsection 2;
(b) Keep a record of the name, occupation, address and race of each trial juror who appears for jury service; and
(c) Prepare and submit a report to the Court Administrator which must:
(1) Include statistics from the records required to be maintained by the jury commissioner pursuant to this subsection, including, without limitation, the name, occupation, address and race of each trial juror who is selected and of each trial juror who appears for jury service;
(2) Be submitted at least once a year; and
(3) Be submitted in the time and manner prescribed by the Court Administrator.
6. The jury commissioner shall not select the name of any person whose name was selected the previous year, and who actually served on the jury by attending in court in response to the venire from day to day until excused from further attendance by order of the court, unless there are not enough other suitable jurors in the county or city to do the required jury duty.
7. A court may contract with another court for the purpose of procuring any administrative duties performed by a jury commissioner pursuant to this chapter.
Sec. 5.9. NRS 422A.343 is hereby amended to read as follows:
422A.343 1. [Upon] Except as otherwise prohibited by federal law or regulation, upon the request of a district judge or jury commissioner, the Department shall provide to the district judge or jury commissioner a list of the names and addresses of persons who receive public assistance for use in the selection of jurors pursuant to NRS 6.045.
2. A district judge or jury commissioner who requests the list of recipients pursuant to subsection 1 shall reimburse the Department for the reasonable cost of compiling the list.
Sec. 6. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 2829κ
Senate Bill No. 35Committee on Judiciary
CHAPTER 437
[Approved: June 9, 2025]
AN ACT relating to crimes; defining the term intoxicant for the purpose of certain provisions which prohibit furnishing an intoxicant to a prisoner; revising provisions governing certain crimes relating to prisoners; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that an employee of or a contractor or volunteer for a prison who voluntarily engages or attempts to engage in sexual abuse of a prisoner is guilty of a category D felony. (NRS 212.188) Section 3 of this bill: (1) increases the penalty for sexual abuse of a prisoner from a category D felony to a category B felony; and (2) makes the crime punishable 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.
Existing law provides that an employee of or a contractor or volunteer for a prison who voluntarily: (1) engages in unauthorized custodial conduct is guilty of a gross misdemeanor; or (2) attempts to engage in such conduct is guilty of a misdemeanor. (NRS 212.188) Section 3 increases the penalty for unauthorized custodial conduct from a gross misdemeanor to a category C felony. Section 3 also eliminates provisions relating to attempted unauthorized custodial conduct.
Existing law makes it a crime for certain persons to furnish a controlled substance or intoxicating liquor to a prisoner. (NRS 212.160) Section 2 of this bill changes the term intoxicating liquor to intoxicant and defines the term intoxicant for the purposes of this prohibition to mean: (1) a controlled substance analog; (2) a spirituous or malt liquor or beverage; (3) a synthetic cannabinoid; or (4) any other chemical, poison or organic solvent, or any compound or combination thereof, which may be inhaled, ingested, applied or otherwise used to achieve a stimulant, depressant or hallucinogenic effect.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 212.160 is hereby amended to read as follows:
212.160 1. A person, who is not authorized by law, who knowingly furnishes, attempts to furnish, or aids or assists in furnishing or attempting to furnish to a prisoner confined in an institution of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, any deadly weapon, explosive, a facsimile of a firearm or an explosive, any controlled substance or [intoxicating liquor,] intoxicant, shall be punished:
(a) Where a deadly weapon, controlled substance, explosive or a facsimile of a firearm or explosive is involved, for a category B felony 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.
κ2025 Statutes of Nevada, Page 2830 (CHAPTER 437, SB 35)κ
(b) Where an intoxicant is involved, for a gross misdemeanor.
2. Knowingly leaving or causing to be left any deadly weapon, explosive, facsimile of a firearm or explosive, controlled substance or [intoxicating liquor] intoxicant where it may be obtained by any prisoner constitutes, within the meaning of this section, the furnishing of the article to the prisoner.
3. A prisoner confined in an institution of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, who possesses a controlled substance without lawful authorization or marijuana or marijuana paraphernalia, regardless of whether the person holds a valid registry identification card to engage in the medical use of cannabis pursuant to chapter 678C of NRS, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. As used in this section:
(a) Controlled substance analog has the meaning ascribed to it in NRS 453.043.
(b) Intoxicant means:
(1) A controlled substance analog;
(2) A spirituous or malt liquor or beverage;
(3) A synthetic cannabinoid; or
(4) Any other chemical, poison or organic solvent, or any compound or combination thereof, which may be inhaled, ingested, applied or otherwise used to achieve a stimulant, depressant or hallucinogenic effect.
(c) Synthetic cannabinoid has the meaning ascribed to it in NRS 678A.239.
Sec. 3. NRS 212.188 is hereby amended to read as follows:
212.188 1. An employee of or a contractor or volunteer for a prison who voluntarily engages in, or attempts to engage in, with a prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, any of the acts set forth in:
(a) Paragraph (a) of subsection 3, commits sexual abuse of a prisoner.
(b) Paragraph (b) of subsection 3, commits unauthorized custodial conduct.
2. Unless a greater penalty is provided pursuant to any other applicable provision of law, an employee of or a contractor or volunteer for a prison who commits:
(a) Sexual abuse of a prisoner is guilty of a category [D] B felony and shall be punished [as provided] by imprisonment in [NRS 193.130.] the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years.
(b) Unauthorized custodial conduct by engaging in any of the acts described in paragraph (b) of subsection 3 is guilty of a [gross misdemeanor.
(c) Unauthorized custodial conduct by attempting to engage in any of the acts described in paragraph (b) of subsection 3 is guilty of a misdemeanor.] category C felony and shall be punished as provided in NRS 193.130.
κ2025 Statutes of Nevada, Page 2831 (CHAPTER 437, SB 35)κ
3. As used in this section:
(a) Sexual abuse:
(1) Includes any of the following acts between an employee of or a contractor or volunteer for a prison and a prisoner, regardless of whether the prisoner consents to the act:
(I) Sexual intercourse or anal intercourse, including penetration, however slight;
(II) Fellatio, cunnilingus or contact between the mouth and the anus;
(III) Penetration, however slight, of an object into the genital or anal opening of the body of a prisoner committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;
(IV) Any other intentional contact with a prisoners unclothed genitals, pubic area, anus, buttocks, inner thigh or breasts committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;
(V) Watching a prisoner change clothing or use a shower, toilet or urinal;
(VI) Requiring a prisoner to expose his or her genitals, buttocks or breasts; or
(VII) Capturing an image of the private area of a prisoner in violation of NRS 200.604.
(2) Does not include acts of an employee of or a contractor or volunteer for the prison in which the prisoner is confined that are performed to carry out the official duties of such an employee, contractor or volunteer.
(b) Unauthorized custodial conduct:
(1) Includes any of the following acts between an employee of or a contractor or volunteer for a prison and a prisoner, regardless of whether the prisoner consents to the act:
(I) Contact between the mouth and any part of the body committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;
(II) Any other intentional contact with a prisoners clothed genitals, pubic area, anus, buttocks, inner thigh or breasts committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;
(III) Any threat or request by an employee or a contractor or volunteer to engage in any act described in sub-subparagraph (I) or (II); or
(IV) Any display by an employee or a contractor or volunteer of his or her unclothed genitals, buttocks or breasts in the presence of a prisoner.
(2) Does not include acts of an employee of or a contractor or volunteer for the prison in which the prisoner is confined that are performed to carry out the official duties of such an employee, contractor or volunteer.
________
κ2025 Statutes of Nevada, Page 2832κ
Senate Bill No. 43Committee on Health and Human Services
CHAPTER 438
[Approved: June 9, 2025]
AN ACT relating to public health; authorizing certain district boards of health to be designated to act as a solid waste management authority or exercise certain powers of a solid waste management authority under certain circumstances; revising provisions relating to public swimming pools; removing the authority of certain district boards of health to administer the collection and disposal of solid waste; requiring the State Environmental Commission to adopt regulations establishing certain criteria for a district board of health to demonstrate capability for certain purposes; authorizing certain district boards of health to issue certain permits and administer and enforce certain provisions relating to public water systems under certain circumstances; removing the authority of certain district boards of health to administer certain provisions relating to public water systems; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth provisions governing the collection and disposal of solid waste. (NRS 444.440-444.645) For the purposes of such provisions, existing law defines a solid waste management authority to mean: (1) the district board of health in any area in which a health district has been created and, under certain circumstances, certain other areas under the jurisdiction of the board, if the board has adopted certain regulations; and (2) the Division of Environmental Protection of the State Department of Conservation and Natural Resources, in all other areas of the State and at any site previously used for the production of electricity from a coal-fired electric generating plant. (NRS 444.495) Section 4 of this bill authorizes the Administrator of the Division to designate a district board of health to act as a solid waste management authority or to carry out limited duties of a solid waste management authority if the district board of health: (1) applies to the Administrator for such a designation; (2) demonstrates that the district board of health is capable of carrying out the provisions of existing law relating to solid waste management, as determined by the Administrator; and (3) has adopted certain regulations relating to solid waste management.
Section 13.5 of this bill requires the State Environmental Commission to adopt regulations establishing the criteria for a district board of health to demonstrate capability to be designated by the Administrator.
Section 34 of this bill provides that any district board of health that is currently acting as a solid waste management authority shall be deemed to have been determined capable by the Administrator and may continue to act as a solid waste management authority.
Section 7 of this bill revises the definition of solid waste management authority to mean: (1) a district board of health if the board is designated under section 4; and (2) the Division, in all other areas of the State and at any site previously used for the production of electricity from a coal-fired electric generating plant. As a result of this change, a district board of health that is not designated by the Administrator is not authorized to act as a solid waste management authority.
κ2025 Statutes of Nevada, Page 2833 (CHAPTER 438, SB 43)κ
Consistent with these changes, sections 8, 13 and 16 of this bill provide that only a designated district board of health of a health district is required to adopt certain regulations relating to the collection and disposal of solid waste. Sections 8.5, 9, 14, 18 and 19 of this bill make conforming changes to reflect the divestment of the authority of a district board of health of a health district that is not designated to act as a solid waste management authority.
Existing law authorizes any district board of health and any governing body of a municipality to adopt certain standards and regulations relating to solid waste disposal sites and solid waste management systems that are more restrictive than those adopted by the Commission and authorizes the district board of health to issue permits thereunder. Existing law also authorizes any district board of health to adopt such other regulations as are necessary to carry out provisions relating to the collection and disposal of solid waste. (NRS 444.580) Section 15 of this bill provides that certain standards and regulations adopted by a district board of health or governing body must be consistent with an approved plan to provide for a solid waste management system. Section 15 also provides that if a district board of health adopts regulations other than standards and regulations for the location, design, construction, operation and maintenance of a solid waste management system or solid waste disposal system that are more restrictive than those adopted by the Commission, the district board of health must provide reasonable notification of the proposed regulations to the Division.
Section 2 of this bill defines health district for the purposes of existing law governing the collection and disposal of solid waste. Section 10 of this bill makes conforming changes to a reference to this term.
Section 3 of this bill defines the Resource Conservation and Recovery Act and, consistent with this definition, sections 6, 11-13 and 16 of this bill revise references to that Act in existing law governing the collection and disposal of solid waste.
Section 5 of this bill applies the definitions in existing law and sections 2 and 3 to the provisions of existing law and section 4 that govern the collection and disposal of solid waste.
Sections 17 and 18 of this bill make provisions of existing law establishing the powers of a solid waste management authority to enforce existing law, recover civil penalties or damages, obtain injunctive relief or issue subpoenas apply to the provisions of sections 2-4.
Existing law sets forth certain provisions governing public water systems and authorizes the Division and a district board of health to administer and enforce these provisions. (NRS 445A.800-445A.955) Existing law also authorizes the State Environmental Commission to designate a district board of health to issue permits to an owner of a public water system to operate the system. (NRS 445A.860, 445A.885) Section 20 of this bill authorizes the Administrator of the Division to designate the district board of health of the health district to issue permits or administer and enforce the provisions or limited provisions governing public water systems if the district board of health: (1) applies for such a designation; and (2) demonstrates to the Administrator that the district board is capable of performing such actions. Section 23 of this bill requires the Commission to adopt regulations establishing the criteria for a district board of health to demonstrate capability to be designated by the Administrator.
Section 34 provides that any district board of health that is currently administering and enforcing the provisions governing public water systems shall be deemed to have been designated by the Administrator and may continue to administer and enforce those provisions.
Consistent with these changes, sections 23 and 24-28 of this bill limit the authority of a district board of health to issue permits or administer and enforce the provisions governing public water systems to only a district board of health designated by the Administrator.
κ2025 Statutes of Nevada, Page 2834 (CHAPTER 438, SB 43)κ
Section 22 of this bill revises the definition of the term district board of health to clarify that a health district is created pursuant to certain provisions of existing law. Section 21 of this bill applies the definitions in existing law governing public water systems to section 20.
Sections 29-33 of this bill make certain provisions of existing law governing the enforcement powers of the Division, the imposition of civil penalties, administrative fines and criminal penalties and obtaining injunctive relief apply to section 20.
Section 23.5 of this bill makes a conforming change to revise an internal reference to a provision of the Nevada Revised Statutes.
Existing law defines the term public swimming pool for the purposes of provisions governing the sanitation of such structures and provides that the term does not include any such structure at any location if the structure is a privately owned pool used by members of a private club or invited guests of the members. (NRS 444.065) Section 4.5 of this bill instead provides that the term does not include any such structure at any location if the structure is a privately owned pool used by members of a private organization that is recognized as a social club exempt from taxation pursuant to certain provisions of the Internal Revenue Code or invited guests of members of such an organization.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Health district means a health district created pursuant to NRS 439.362 or 439.370.
Sec. 3. Resource Conservation and Recovery Act means subchapter IV of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6941 et seq., as amended, and the regulations adopted pursuant thereto.
Sec. 4. 1. The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources may, in accordance with the regulations adopted by the State Environmental Commission pursuant to NRS 444.560, designate a district board of health of a health district to act as a solid waste management authority or to act as a solid waste management authority for the purposes of carrying out limited provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, and any regulations adopted pursuant thereto, if the district board of health:
(a) Applies to the Administrator for such a designation;
(b) Demonstrates that the district board of health is capable of carrying out the provisions or limited provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, and any regulations adopted pursuant thereto, as determined by the Administrator; and
(c) Adopts all regulations that are necessary to carry out the provisions or limited provisions, as applicable, of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, and any regulations adopted pursuant thereto.
2. If the Administrator designates a district board of health pursuant to subsection 1, the Division of Environmental Protection shall periodically review the activities of the district board of health to evaluate the continued capability of the district board of health to carry out the provisions or limited provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, and any regulations adopted pursuant thereto.
κ2025 Statutes of Nevada, Page 2835 (CHAPTER 438, SB 43)κ
limited provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, and any regulations adopted pursuant thereto.
3. If, following a review of the capability of a district board of health by the Division of Environmental Protection pursuant to subsection 2, the Administrator determines that the district board of health is not capable, the Administrator shall provide written notice of a deficiency by certified mail to the district board of health of this determination. If the deficiency identified in the written notice:
(a) Does not present an imminent or substantial hazard to public health, safety or the environment, as determined by the Administrator, the written notice must set forth a date by which the district board of health must correct the deficiency, which must be not less than 60 days after the date the notice was mailed to the district board of health and may be extended by mutual agreement of the Administrator and the district board of health. If the district board of health fails to correct the deficiency, the Administrator may issue an order revoking the designation of the district board of health.
(b) Presents an imminent or substantial hazard to public health, safety or the environment, as determined by the Administrator, the Administrator may issue an order revoking the designation of the district board of health. A revocation issued pursuant to this paragraph is effective immediately. Notice of the order revoking the designation must be provided to the district board of health by certified mail and must set forth the date on which the designation is revoked. The district board of health may petition the State Environmental Commission for a hearing on the revocation. Such a petition must be received not more than 30 days after the date on which the designation was revoked. If the district board of health does not petition the Commission for a hearing, the decision to revoke the designation is not subject to additional review.
Sec. 4.5. NRS 444.065 is hereby amended to read as follows:
444.065 1. Except as otherwise provided in subsection 2, as used in NRS 444.065 to 444.120, inclusive, public swimming pool means any structure containing an artificial body of water that is intended to be used collectively by persons for swimming or bathing, regardless of whether a fee is charged for its use.
2. The term does not include any such structure at:
(a) A private residence if the structure is controlled by the owner or other authorized occupant of the residence and the use of the structure is limited to members of the family of the owner or authorized occupant of the residence or invited guests of the owner or authorized occupant of the residence.
(b) A family foster home as defined in NRS 424.013.
(c) A child care facility, as defined in NRS 441A.030, furnishing care to 12 children or less.
(d) Any other residence or facility as determined by the State Board of Health.
(e) Any location if the structure is a privately owned pool used by members of a private [club] organization that is recognized as a social club exempt from taxation pursuant to section 501(c)(7) of the Internal Revenue Code, 26 U.S.C. § 501(c)(7) or invited guests of the members [.] of such an organization.
κ2025 Statutes of Nevada, Page 2836 (CHAPTER 438, SB 43)κ
Sec. 5. NRS 444.450 is hereby amended to read as follows:
444.450 As used in NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.501, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 444.465 is hereby amended to read as follows:
444.465 Municipal solid waste landfill has the meaning ascribed to it in the Resource Conservation and Recovery Act of 1976 . [, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.]
Sec. 7. NRS 444.495 is hereby amended to read as follows:
444.495 Solid waste management authority means:
1. Except as otherwise provided in subsection 2, the district board of health [in any area in which] of 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 district board [has adopted all regulations that are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive.] of health is designated pursuant to section 4 of this act to carry out the provisions or limited provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, and any regulations adopted pursuant thereto.
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.
Sec. 8. NRS 444.505 is hereby amended to read as follows:
444.505 1. The district board of health of a health district [created pursuant to NRS 439.362 or 439.370] , if designated pursuant to section 4 of this act, shall, in a timely manner, adopt regulations:
(a) For the issuance of a permit to operate a facility for the management of waste tires in the health district and in any area over which the board has authority pursuant to an interlocal agreement;
(b) If the district board of health issues a permit to operate a facility for the management of waste tires, prohibiting the disposal of waste tires in any municipal solid waste landfill in the health district and in any area over which the board has authority pursuant to an interlocal agreement by a retail seller of new motor vehicles tires or a wholesale seller of new motor vehicle tires; and
(c) To establish and carry out a program for the recycling and reuse of waste tires in the health district and in any area over which the board has authority pursuant to an interlocal agreement.
2. The regulations adopted pursuant to subsection 1 must:
(a) Provide for acceptable alternatives to the disposal of a waste tire in a municipal solid waste landfill;
(b) Provide for the inspection of a facility for the management of waste tires to ensure that the operator of the facility complies with those regulations;
(c) Prohibit a facility for the management of waste tires from refusing to accept a waste tire offered for disposal, except in accordance with the provisions of the permit issued to the operator of the facility;
κ2025 Statutes of Nevada, Page 2837 (CHAPTER 438, SB 43)κ
(d) Establish requirements concerning the transportation and storage of waste tires prior to disposal;
(e) Establish a procedure for applications for exemptions or waivers from any of those regulations;
(f) Provide for an exemption from any penalty imposed pursuant to those regulations for any person who inadvertently or unintentionally disposes of a waste tire in a municipal solid waste landfill in violation of those regulations;
(g) Not prohibit the lawful disposal of a waste tire outside of the health district; and
(h) In addition to the penalties described in NRS 444.507 and 444.509, provide for a penalty for a violation of any of those regulations.
3. In [a county] any area in which a health district has not been [created pursuant to NRS 439.362 or 439.370,] designated pursuant to section 4 of this act, the State Environmental Commission may adopt regulations:
(a) Authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to issue a permit for the operation of a facility for the management of waste tires in the [county;] area;
(b) If a facility for the management of waste tires has been issued a permit in the county, prohibiting the disposal of waste tires in a municipal solid waste landfill in the [county;] area; and
(c) To establish and carry out a program for the recycling and reuse of waste tires in the [county.] area.
4. Any regulation adopted pursuant to this section which prohibits the disposal of a waste tire in a municipal solid waste landfill does not apply to the disposal of a waste tire if the unavailability of a facility for the management of waste tires makes disposal at such a facility impracticable. The provisions of this subsection do not exempt a person from any other regulation adopted pursuant to this section.
5. The regulations adopted by a district board of health pursuant to this section must not conflict with regulations adopted by the State Environmental Commission.
Sec. 8.5. NRS 444.507 is hereby amended to read as follows:
444.507 1. A person shall not operate a facility for the management of waste tires unless the operator:
(a) Holds a permit to operate the facility for the management of waste tires issued by the district board of health , if designated pursuant to section 4 of this act, or the Division of Environmental Protection of the State Department of Conservation and Natural Resources in accordance with the regulations adopted pursuant to NRS 444.505; and
(b) Complies with the terms and conditions of the permit.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor.
3. Each day or part of a day during which the violation is continued or repeated constitutes a separate offense.
4. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive:
(a) A person convicted of violating subsection 1 is, in addition to any criminal penalty imposed, liable for a civil penalty upon each such conviction; and
κ2025 Statutes of Nevada, Page 2838 (CHAPTER 438, SB 43)κ
(b) A court before whom a defendant is convicted of a violation of subsection 1 shall, for each violation, order the defendant to pay a civil penalty of at least $500 but not more than $5,000.
Sec. 9. NRS 444.509 is hereby amended to read as follows:
444.509 1. Except as otherwise provided in subsection 2, in any area with a district board of health of a health district [created pursuant to NRS 439.362 or 439.370] designated pursuant to section 4 of this act and any area over which the district board of health of the health district has authority pursuant to an interlocal agreement or any county in which a permit for the operation of a facility for the management of waste tires has been issued pursuant to NRS 444.505, a person who willfully disposes of a waste tire generated in that health district or county in any municipal solid waste landfill in this State is guilty of a misdemeanor and, except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, shall be punished by a fine of not less than $100 per violation. Each waste tire disposed of in violation of the provisions of this section constitutes a separate violation.
2. The provisions of subsection 1 do not apply:
(a) To a person who inadvertently or unintentionally disposes of a waste tire in a municipal solid waste landfill in violation of the provisions of subsection 1; or
(b) If the unavailability of a facility for the management of waste tires makes disposal of a waste tire at a site other than a municipal solid waste landfill impracticable.
Sec. 10. NRS 444.510 is hereby amended to read as follows:
444.510 1. The governing body of every municipality or district board of health [created pursuant to NRS 439.362 or 439.370] of a health district shall develop a plan to provide for a solid waste management system which adequately provides for the management and disposal of solid waste within the boundaries of the municipality or within the area to be served by the solid waste management system, whether generated within or outside of the boundaries of the area.
2. The plan may include ordinances adopted pursuant to NRS 444.520 and 444.530.
3. Such a governing body may enter into agreements with governing bodies of other municipalities, or with any person, or with a combination thereof, to carry out or develop portions of the plan provided for in subsection 1, or both, and to provide a solid waste management system, or any part thereof.
4. Any plan developed by the governing body of a municipality or district board of health [created] pursuant to [NRS 439.362 or 439.370] this section must be submitted to the State Department of Conservation and Natural Resources for approval according to a schedule established by the State Environmental Commission. No action may be taken by that governing body or district board of health until the plan has been approved. The Department shall determine the adequacy of the plan within 90 days after receiving the plan. If the Department does not respond to the plan within 90 days, the plan shall be deemed approved and becomes effective immediately.
5. An approved plan remains in effect until the plan is revised and the revised plan is approved. A plan must not conflict with the statewide plan adopted by the State Environmental Commission pursuant to NRS 444.570. Plans must be revised to reflect proposed changes in the solid waste management system, and changes in applicable regulations.
κ2025 Statutes of Nevada, Page 2839 (CHAPTER 438, SB 43)κ
Sec. 11. NRS 444.556 is hereby amended to read as follows:
444.556 1. Before constructing or operating a municipal solid waste landfill, the owner or operator of the landfill shall obtain a permit issued by the solid waste management authority.
2. A permit for the construction or operation of a municipal solid waste landfill is subject to the general conditions of the Resource Conservation and Recovery Act . [of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.]
3. Any documents submitted in connection with an application for a permit, including any modifications requested by the solid waste management authority that require corrective action to the proposed construction or operation, are public records and must be made available for public comment. The final determinations made by the solid waste management authority on an application for a permit are public records.
4. A permit issued by a solid waste management authority must be conditioned upon all requirements that are necessary to ensure continuing compliance with:
(a) The requirements of the Resource Conservation and Recovery Act [of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto,] which describe:
(1) General standards for a municipal solid waste landfill;
(2) Restrictions on the location of such a landfill;
(3) Criteria for the operation of such a landfill;
(4) Criteria for the design of such a landfill;
(5) Requirements for monitoring groundwater and standards for corrective actions related thereto;
(6) Standards of care related to the closure of such a landfill; and
(7) Financial requirements for the owners or operators of such landfills;
(b) The applicable regulations of the State Environmental Commission; and
(c) The applicable laws of this State.
5. A solid waste management authority may:
(a) Obtain, and the owner or operator of a municipal waste landfill shall deliver upon request, any information necessary to determine whether the owner or operator is or has been in compliance with the terms and conditions of the permit, the regulations of the State Environmental Commission, the applicable laws of this State and the provisions of the Resource Conservation and Recovery Act ; [of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto;]
(b) Conduct monitoring or testing to ensure that the owner or operator is or has been in compliance with the terms and conditions of the permit; and
(c) Enter any site or premises subject to the permit, during normal business hours, on which records relevant to the municipal solid waste landfill are kept in order to inspect those records.
Sec. 12. NRS 444.557 is hereby amended to read as follows:
444.557 1. A solid waste management authority shall establish a program to monitor the compliance of a municipal solid waste landfill with the terms and conditions of the permit issued for that landfill, the regulations
κ2025 Statutes of Nevada, Page 2840 (CHAPTER 438, SB 43)κ
of the State Environmental Commission, the applicable laws of this state and the provisions of the Resource Conservation and Recovery Act . [of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.] The program must include procedures to:
(a) Verify the accuracy of any information submitted by the owner or operator of the landfill to the authority;
(b) Verify the adequacy of sampling procedures and analytical methods used by the owner or operator of the landfill; and
(c) Require the owner or operator to produce all evidence which would be admissible in a proceeding to enforce compliance.
2. The solid waste management authority shall receive and give appropriate consideration to any information submitted by members of the public regarding the continuing compliance of an owner or operator with the permit issued by the authority.
3. In the administration of any permit issued by a solid waste management authority, the authority shall establish procedures that permit intervention pursuant to Rule 24 of the Nevada Rules of Civil Procedure. The authority shall not oppose intervention on the ground that the applicants interest is adequately represented by the authority.
Sec. 13. NRS 444.558 is hereby amended to read as follows:
444.558 1. The State Environmental Commission and [the] any district board of health of a health district [created pursuant to NRS 439.362 or 439.370] seeking to apply for designation pursuant to section 4 of this act shall, in a timely manner, adopt all regulations that are necessary to establish and carry out a program of issuing permits for municipal solid waste landfills. The program must ensure compliance with the Resource Conservation and Recovery Act [of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto,] and carry out the purpose and intent of this section.
2. The regulations adopted by a district board of health pursuant to [this section] subsection 1 must not conflict with regulations adopted by the State Environmental Commission.
Sec. 13.5. NRS 444.560 is hereby amended to read as follows:
444.560 1. The State Environmental Commission shall adopt regulations [concerning] :
(a) Concerning solid waste management systems, or any part thereof, including regulations establishing standards for the issuance, renewal, modification, suspension, revocation and denial of, and for the imposition of terms and conditions for, a permit to construct or operate a disposal site [.] ; and
(b) Establishing the criteria for a district board of health to demonstrate capability to be designated by the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources pursuant to section 4 of this act.
2. The State Environmental Commission may establish a schedule of fees for the disposal of solid waste in areas subject to the jurisdiction of the State Department of Conservation and Natural Resources in accordance with NRS 444.495 or for the issuance of permits or other approvals by the Department for the operation of solid waste management facilities. The Department may use the money collected under the schedule to defray the cost of managing and regulating solid waste.
κ2025 Statutes of Nevada, Page 2841 (CHAPTER 438, SB 43)κ
3. Notice of the intention to adopt and the adoption of any regulation or schedule of fees must be given to the clerk of the governing board of all municipalities in this State.
4. Within a reasonable time, as fixed by the State Environmental Commission, after the adoption of any regulation, no governing board of a municipality or person may operate or permit an operation in violation of the regulation.
Sec. 14. NRS 444.570 is hereby amended to read as follows:
444.570 1. The State Department of Conservation and Natural Resources shall:
(a) Advise, consult and cooperate with other agencies and commissions of the State, other states, the Federal Government, municipalities and persons in the formulation of plans for and the establishment of any solid waste management system.
(b) Accept and administer loans and grants from any person that may be available for the planning, construction and operation of solid waste management systems.
(c) Enforce the provisions of NRS 444.440 to 444.560, inclusive, and sections 2, 3 and 4 of this act and any regulation adopted by the State Environmental Commission pursuant thereto.
(d) [Periodically review the programs of other solid waste management authorities in the State for issuing permits pursuant to NRS 444.505, 444.553 and 444.556 and ensuring compliance with the terms and conditions of such permits, the regulations of the State Environmental Commission, the laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto. The Director of the State Department of Conservation and Natural Resources shall review the adequacy of such programs in accordance with the standards adopted by the United States Environmental Protection Agency to review the adequacy of the state program. If the Director determines that a program is inadequate, the Department shall act as the solid waste management authority until the deficiency is corrected. A finding by the Director that a program is inadequate is not final until reviewed by the State Environmental Commission. This paragraph does not limit the authority or responsibility of a district board of health to issue permits for disposal sites and enforce the laws of this State regarding solid waste management systems.
(e)] Make such investigations and inspections and conduct such monitoring and testing as may be necessary to require compliance with NRS 444.450 to 444.560, inclusive, and sections 2, 3 and 4 of this act and any regulation adopted by the State Environmental Commission.
2. The State Environmental Commission shall:
(a) In cooperation with governing bodies of municipalities, develop a statewide solid waste management system plan, and review and revise the plan every 5 years.
(b) Examine and approve or disapprove plans for solid waste management systems.
[(c) Review any determination by the Director of the State Department of Conservation and Natural Resources that a program for issuing permits administered by a solid waste management authority is inadequate. The Commission may affirm, modify or reverse the findings of the Director.]
κ2025 Statutes of Nevada, Page 2842 (CHAPTER 438, SB 43)κ
3. Employees of the State Department of Conservation and Natural Resources or its authorized representatives may, during the normal hours of operation of a facility subject to the provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, enter and inspect areas of the facility where:
(a) Solid waste may have been generated, stored, transported, treated or disposed; or
(b) Records are kept, and may inspect and copy any records, reports, information or test results relating to the management of the solid waste.
Sec. 15. NRS 444.580 is hereby amended to read as follows:
444.580 Except as otherwise provided in NRS 444.559:
1. Any district board of health [created pursuant to NRS 439.362 or 439.370] of a health district and any governing body of a municipality may adopt standards and regulations for the location, design, construction, operation and maintenance of solid waste management systems, including, without limitation, solid waste disposal sites [and solid waste management systems] or any part thereof , more restrictive than those adopted by the State Environmental Commission . [, and any district board of health may issue permits thereunder.] Any regulations adopted pursuant to this subsection must be consistent with the plan to provide for a solid waste management system approved by the State Department of Conservation and Natural Resources pursuant to NRS 444.510.
2. Any district board of health [created pursuant to NRS 439.362 or 439.370] of a health district may adopt such other regulations as are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive [.] , and sections 2, 3 and 4 of this act. Such regulations must not conflict with regulations adopted by the State Environmental Commission. If a district board of health adopts regulations pursuant to this subsection that are more restrictive than those adopted by the State Environmental Commission, the district board of health shall provide reasonable notification of the proposed adoption of the regulations to the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
3. Any district board of health of a health district:
(a) May issue permits under the standards and regulations adopted pursuant to subsection 1; and
(b) If designated pursuant to section 4 of this act, may issue permits for other purposes relating to a solid waste management system in accordance with the provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act.
Sec. 16. NRS 444.590 is hereby amended to read as follows:
444.590 1. The State Department of Conservation and Natural Resources is hereby designated the state agency for such purposes as are required by the Resource Conservation and Recovery Act , [of 1976, 42 U.S.C. §§ 6941 et seq.,] except that:
(a) The State Environmental Commission has the exclusive authority to adopt regulations pursuant to NRS 444.440 to 444.620, inclusive [;] , and sections 2, 3 and 4 of this act; and
(b) The district [boards] board of health of a health [districts created pursuant to NRS 439.362 or 439.370 retain] district, if designated pursuant to section 4 of this act, retains the authority to issue permits and adopt regulations pursuant to NRS 444.580.
κ2025 Statutes of Nevada, Page 2843 (CHAPTER 438, SB 43)κ
2. The State Department of Conservation and Natural Resources may take any action necessary and appropriate to secure the benefits of any federal law relating to solid waste.
Sec. 17. NRS 444.592 is hereby amended to read as follows:
444.592 If the solid waste management authority receives information that the handling, storage, recycling, transportation, treatment or disposal of any solid waste presents or may present a threat to human health, public safety or the environment, or is in violation of a term or condition of a permit issued pursuant to NRS 444.505, 444.553 or 444.556, a statute, a regulation or an order issued pursuant to NRS 444.594, the authority may, in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive [:] , and sections 2, 3 and 4 of this act:
1. Issue an order directing the owner or operator of the disposal site or any other site where the handling, storage, recycling, transportation, treatment or disposal has occurred or may occur, or any other person who has custody of the solid waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the threat or violation.
2. Commence an action in a court of competent jurisdiction to enjoin the act or practice which constitutes the threat or violation in accordance with the provisions of NRS 444.600.
3. Take any other action designed to reduce or eliminate the threat or violation.
Sec. 18. NRS 444.605 is hereby amended to read as follows:
444.605 1. In carrying out the provisions of NRS 444.440 to 444.620, inclusive, and sections 2, 3 and 4 of this act, the State Environmental Commission, a district board of health of a health district [created pursuant to NRS 439.362 or 439.370,] , if designated pursuant to section 4 of this act, and a solid waste management authority may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.
2. If any person to whom a subpoena has been directed pursuant to subsection 1 refuses to attend, testify or produce any evidence specified in the subpoena, the person who issued the subpoena may present a petition, to a court of competent jurisdiction where the person to whom the subpoena was directed is subject to service of process, setting forth that:
(a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;
(b) A subpoena has been mailed to or personally served on the witness or custodian of the evidence in sufficient time to enable the person to comply with its provisions; and
(c) The person has failed or refused to attend, answer questions or produce evidence specified in the subpoena,
Κ and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpoena.
3. When a court receives a petition pursuant to subsection 2, it shall order the person to whom the subpoena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why the person should not be held in contempt. A certified copy of the order must be mailed to or personally served on the person to whom the subpoena was directed.
κ2025 Statutes of Nevada, Page 2844 (CHAPTER 438, SB 43)κ
4. If it appears to the court that the subpoena was properly issued and that the persons failure or refusal to appear, answer questions or produce evidence was without sufficient reason, the court shall order the person to appear at a time and place fixed by the court and to testify or produce the specified evidence. If the person fails to comply with the order of the court, the person may be punished as for a contempt of court.
Sec. 19. NRS 444.629 is hereby amended to read as follows:
444.629 1. The solid waste management authority [in each county] may establish a program for the control of unlawful dumping and administer the program within its jurisdiction unless superseded.
2. The program established pursuant to subsection 1 must:
(a) Include standards and procedures for the control of unlawful dumping which are equivalent to or stricter than those established by statute or state regulation; and
(b) Provide for adequate administration and enforcement.
3. The solid waste management authority may delegate to an independent hearing officer or hearing board the authority to determine violations and levy administrative penalties for violations of the provisions of NRS 444.440 to 444.645, inclusive, and sections 2, 3 and 4 of this act or any regulation adopted pursuant to those sections.
Sec. 20. Chapter 445A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Administrator of the Division may, in accordance with the regulations adopted by the Commission pursuant to NRS 445A.860, designate a district board of health of a health district to issue permits pursuant to NRS 445A.860 or 445A.885 or administer and enforce any of the provisions of this section and NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, or to administer and enforce limited provisions of this section and NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, if the district board of health:
(a) Applies to the Administrator for such a designation; and
(b) Demonstrates that the district board is capable of issuing permits or administering and enforcing the provisions or limited provisions of this section and NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, as applicable, as determined by the Administrator.
2. If the Administrator designates a district board of health pursuant to subsection 1, the Division shall periodically review the activities of the district board of health to evaluate the continued capability of the district board of health to issue permits pursuant to NRS 445A.860 or 445A.885, administer and enforce any of the provisions of this section and NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, or to administer and enforce limited provisions of this section and NRS 445A.800 to 445A.955, inclusive, and any regulations adopted pursuant thereto, as applicable.
3. If, following a review of the capability of a district board of health by the Division pursuant to subsection 2, the Administrator determines that the district board of health is not capable, the Administrator shall provide written notice of a deficiency by certified mail to the district board of health of this determination. If the deficiency identified in the written notice:
κ2025 Statutes of Nevada, Page 2845 (CHAPTER 438, SB 43)κ
(a) Does not present an imminent or substantial hazard to public health, safety or the environment, as determined by the Administrator, the written notice must set forth a date by which the district board of health must correct the deficiency, which must be not less than 60 days after the date the notice was mailed to the district board of health and may be extended by mutual agreement of the Administrator and the district board of health. If the district board of health fails to correct the deficiency, the Administrator may issue an order revoking the designation of the district board of health.
(b) Presents an imminent or substantial hazard to public health, safety or the environment, as determined by the Administrator, the Administrator may issue an order revoking the designation of the district board of health. A revocation issued pursuant to this paragraph is effective immediately. Notice of the order revoking the designation must be provided to the district board of health by certified mail and must set forth the date on which the designation is revoked. The district board of health may petition the State Environmental Commission for a hearing on the revocation. Such a petition must be received not more than 30 days after the date on which the designation was revoked. If the district board of health does not petition the Commission for a hearing, the decision to revoke the designation is not subject to additional review.
Sec. 21. NRS 445A.805 is hereby amended to read as follows:
445A.805 As used in NRS 445A.800 to 445A.955, inclusive, and section 20 of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.807 to 445A.850, inclusive, have the meanings ascribed to them in those sections.
Sec. 22. NRS 445A.812 is hereby amended to read as follows:
445A.812 District board of health means a district board of health of a health district created pursuant to NRS 439.362 or 439.370.
Sec. 23. NRS 445A.860 is hereby amended to read as follows:
445A.860 In addition to the regulations required to be adopted pursuant to NRS 445A.880, the Commission:
1. Shall adopt regulations establishing procedures for a system of permits to operate water systems which are constructed on or after July 1, 1991.
2. Shall adopt regulations establishing the criteria for a district board of health to demonstrate capability to be designated by the Administrator of the Division pursuant to section 20 of this act.
3. May adopt such other regulations as may be necessary to govern the construction, operation and maintenance of public water systems if those activities affect the quality of water, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada.
[3.] 4. May establish by regulation a system for the issuance of operating permits for suppliers of water and set a reasonable date after which a person shall not operate a public water system constructed before July 1, 1991, without possessing a permit issued by the Division or , if designated pursuant to section 20 of this act, the [appropriate] district board of health.
[4.] 5. May adopt such other regulations as may be necessary to ensure that a community water system or nontransient water system that commences operation on or after October 1, 1999, demonstrates the technical capability, managerial capability and financial capability to comply with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada or the authority of the Public Utilities Commission of Nevada or other state agencies or local governing bodies to issue permits or certificates of authority for suppliers of water.
κ2025 Statutes of Nevada, Page 2846 (CHAPTER 438, SB 43)κ
managerial capability and financial capability to comply with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada or the authority of the Public Utilities Commission of Nevada or other state agencies or local governing bodies to issue permits or certificates of authority for suppliers of water.
[5.] 6. May adopt such other regulations as may be necessary to evaluate the technical capability, managerial capability and financial capability of a community water system or nontransient water system that commenced operation before October 1, 1999, to comply with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of the Public Utilities Commission of Nevada or the authority of the Public Utilities Commission of Nevada or other state agencies or local governing bodies to issue permits or certificates of authority for suppliers of water.
[6.] 7. May establish by regulation reasonable fees as may be necessary to carry out the provisions of NRS 445A.800 to 445A.955, inclusive [.] , and section 20 of this act. All fees collected pursuant to this subsection must be deposited in the account created pursuant to NRS 445A.861.
[7.] 8. May adopt such other regulations as may be necessary to carry out the provisions of NRS 445A.800 to 445A.955, inclusive [.] , and section 20 of this act.
Sec. 23.5. NRS 445A.861 is hereby amended to read as follows:
445A.861 1. All fees collected pursuant to NRS 278.3295 and subsection [6] 7 of NRS 445A.860 must be deposited in a separate account created in the State General Fund. The State Department of Conservation and Natural Resources shall administer the account.
2. The money in the account must be expended only to pay for the costs to carry out the provisions of NRS 278.3295, 278.335, 278.377 and 445A.800 to 445A.955, inclusive, and section 20 of this act or for any other purpose authorized by the Legislature.
3. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
Sec. 24. NRS 445A.885 is hereby amended to read as follows:
445A.885 1. Except as otherwise provided in subsection 2, no water system which is constructed on or after July 1, 1991, may operate unless the owner of the water system receives a permit to operate the water system from the Division or the district board of health , if designated [by the Commission.] pursuant to section 20 of this act. The owner of such a water system is entitled to a permit to operate the water system upon satisfaction of the requirements set forth in NRS 445A.885 to 445A.915, inclusive, and the requirements set forth in the regulations adopted by the Commission pursuant to NRS 445A.860.
2. Subsection 1 does not apply to the expansion of a public utility.
Sec. 25. NRS 445A.895 is hereby amended to read as follows:
445A.895 A permit to operate a water system may not be issued pursuant to NRS 445A.885 unless all of the following conditions are met:
1. Neither water provided by a public utility nor water provided by a municipality or other public entity is available to the persons to be served by the water system.
2. The applicant fully complies with all of the conditions of NRS 445A.885 to 445A.915, inclusive.
κ2025 Statutes of Nevada, Page 2847 (CHAPTER 438, SB 43)κ
3. The applicant submits to the Division or the district board of health , if designated [by the Commission] pursuant to section 20 of this act, documentation issued by the State Engineer which sets forth that the applicant holds water rights that are sufficient to operate the water system.
4. The local governing body agrees:
(a) That, except as otherwise provided in paragraph (b), in the event of a default by the builder, developer or owner of the water system, the sole and exclusive obligation of the local governing body shall be to use the surety furnished to the local governing body pursuant to subsection 5 to contract with and pay the operator of the water system for the continued operation and maintenance of the water system.
(b) To assume the duty of assessing the lands served as provided in subsection 6 in the event of default by the builder, developer or owner of the water system.
5. The applicant furnishes the local governing body sufficient surety, in the form of a bond, certificate of deposit, investment certificate, properly established and funded reserve account or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system:
(a) For 5 years following the date the system is placed in operation; or
(b) Until 75 percent of the lots or parcels served by the system are sold,
Κ whichever is later.
6. The owners of the lands to be served by the water system:
(a) Furnish the local governing body sufficient surety, in the form of a bond, certificate of deposit, investment certificate, properly established and funded reserve account or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system and continued technical, financial and managerial capability of the water system; and
(b) Record a declaration of covenants, conditions and restrictions which is an equitable servitude running with the land and which must provide:
(1) That each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of replenishing or augmenting the surety required pursuant to paragraph (a) as necessary for the continued operation and maintenance of the water system if there is a default by the builder, developer or owner of the water system;
(2) That the owners of the lands will annually provide the local governing body with a financial audit of the water system, including, without limitation, any reserve account, if established, to ensure the adequacy of the financial management of the water system; and
(3) An acknowledgment of and agreement with the obligations of the local governing body pursuant to subsection 4 and subsection 3 of NRS 445A.905.
7. If the water system uses or stores ozone, the portion of the system where ozone is used or stored must be constructed not less than 100 feet from any existing residence, unless the owner and occupant of each residence located closer than 100 feet consent to the construction of the system at a closer distance.
κ2025 Statutes of Nevada, Page 2848 (CHAPTER 438, SB 43)κ
8. The owners of the lands to be served by the water system record a declaration of covenants, conditions and restrictions, which is an equitable servitude running with the land, and provides that if the Division determines that:
(a) The water system is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity is reasonably available,
Κ the local governing body shall, in a county whose population is 700,000 or more, and may, in all other counties, pursuant to NRS 244.3655 or 268.4102, require all users of the water system to connect into the available water system provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the Public Utilities Commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A.900.
9. Provision has been made for disposition of the water system and the land on which it is situated after the local governing body requires all users to connect into an available water system provided by a public utility or a municipality or other public entity.
Sec. 26. NRS 445A.920 is hereby amended to read as follows:
445A.920 1. Except as otherwise provided in subsection 2, plans and specifications for any substantial addition to or alteration of a public water system subject to a regulation of the Commission must be submitted for review and approval to [the] :
(a) The Division ; or [the appropriate]
(b) The district board of health [for review and approval.] , if designated pursuant to section 20 of this act.
2. A public water system is not required to submit any plans and specifications if the addition or alteration complies with standards previously approved by the Division or the [appropriate] district board of health [.] , if designated pursuant to section 20 of this act.
3. In approving the plans and specifications, the Division or the [appropriate] district board of health , if designated pursuant to section 20 of this act, may require such modifications or impose such conditions as are necessary to carry out the provisions of NRS 445A.800 to 445A.955, inclusive [.] , and section 20 of this act.
Sec. 27. NRS 445A.925 is hereby amended to read as follows:
445A.925 1. The Division [and] or the district [boards] board of health , if designated pursuant to section 20 of this act, shall:
(a) Enforce the provisions of NRS 445A.800 to 445A.955, inclusive, and section 20 of this act and regulations adopted pursuant thereto; and
(b) Make such investigations and inspections as are necessary to ensure compliance with those sections and regulations.
2. Any representative of the Division or the [appropriate] district board of health , if designated pursuant to section 20 of this act, may enter the property of any public water system at any reasonable time for the purpose of inspecting and investigating the adequacy and sanitary condition of the system and the quality of its water.
κ2025 Statutes of Nevada, Page 2849 (CHAPTER 438, SB 43)κ
3. Except in an emergency, the Division or the [appropriate] district board of health , if designated pursuant to section 20 of this act, shall notify and permit the supplier of water to be present when an inspection or investigation is being conducted.
Sec. 28. NRS 445A.940 is hereby amended to read as follows:
445A.940 1. A supplier of water shall immediately notify the Division or , if designated pursuant to section 20 of this act, the [appropriate] district board of health and the users of the suppliers public water system whenever:
(a) The system is not in compliance with the primary drinking water standards;
(b) The supplier fails to perform any required monitoring of water quality;
(c) The supplier has been granted a variance or exemption by the Commission; or
(d) The supplier fails to comply with the conditions imposed by the Commission in granting the variance or exemption.
2. The notification must be in the form and manner prescribed by the Division.
Sec. 29. NRS 445A.943 is hereby amended to read as follows:
445A.943 1. If the Division has reason to believe that a person is engaging or has engaged in any act or practice which violates the provisions of NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit to operate a public water system issued pursuant to NRS 445A.860 or a certification of a laboratory for the analysis of water issued pursuant to NRS 445A.863, the Division may, in addition to any other action authorized or required by NRS 445A.800 to 445A.955, inclusive, and section 20 of this act, issue an order:
(a) Specifying the provision or provisions which the Division believes or has reason to believe the person is violating or has violated;
(b) Setting forth the facts alleged to constitute the violation;
(c) Prescribing the actions the person must take to correct the violation and the period during which the violation must be corrected; and
(d) Requiring the person to appear before the Administrator of the Division or a hearing officer appointed by the Administrator to show cause why the Division should not commence an action against the person in district court for appropriate relief.
2. If the Division has reasonable cause to believe, based on evidence satisfactory to it, that any person is about to violate the provisions of NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit to operate a public water system issued pursuant to NRS 445A.860 or a certification of a laboratory for the analysis of water issued pursuant to NRS 445A.863, the Division may, without a prior hearing, issue a summary order against the person, directing the person to cease and desist from any further acts that constitute or would constitute a violation. The summary order to cease and desist must specify the provision of NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or a regulation adopted or order issued pursuant thereto, or the term or condition of a permit or certification which the Division reasonably believes is about to be violated.
κ2025 Statutes of Nevada, Page 2850 (CHAPTER 438, SB 43)κ
3. An order issued by the Division pursuant to subsection 1 or 2 is effective immediately and is not subject to review unless the person to whom the order is directed, not later than 30 days after the order is issued, submits a written petition to the Commission for a hearing.
Sec. 30. NRS 445A.945 is hereby amended to read as follows:
445A.945 1. The Division or the [appropriate] district board of health , if designated pursuant to section 20 of this act, may apply to a court of competent jurisdiction to enjoin the continuance or occurrence of any act or practice which violates the provisions of NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or of any regulation adopted or order issued pursuant thereto.
2. On a showing by the Division or the district board of health that such a violation has occurred or will occur, the court may issue, without bond, such prohibitory or mandatory injunction as the facts may warrant.
Sec. 31. NRS 445A.950 is hereby amended to read as follows:
445A.950 1. Any supplier of water who:
(a) Violates any standard established pursuant to NRS 445A.855;
(b) Violates or fails to comply with an order issued pursuant to NRS 445A.930 or subsection 1 or 2 of NRS 445A.943;
(c) Violates any condition imposed by the Commission upon granting a variance or exemption under NRS 445A.935;
(d) Violates a regulation adopted by the Commission pursuant to NRS 445A.860 or 445A.880; or
(e) Fails to give a notice as required by NRS 445A.940,
Κ is liable for a civil penalty, to be recovered by the Attorney General in the name of the Division, of not more than $25,000 for each day of the violation.
2. In addition to the civil penalty prescribed in subsection 1, the Division may impose an administrative fine against a supplier of water who commits any violation enumerated in subsection 1. The administrative fine imposed may not be more than $5,000 per day for each such violation.
3. The civil penalty and administrative fine prescribed in this section may be imposed in addition to any other penalties or relief prescribed in NRS 445A.800 to 445A.955, inclusive [.] , and section 20 of this act.
4. In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or of any permit, certificate, standard, regulation or final order adopted or issued thereto, by injunction or other appropriate remedy. The Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 32. NRS 445A.952 is hereby amended to read as follows:
445A.952 1. A laboratory for the analysis of water that:
(a) Violates any regulation adopted by the Commission pursuant to NRS 445A.863; or
(b) Violates or fails to comply with an order issued pursuant to subsection 1 or 2 of NRS 445A.943,
Κ is liable for a civil penalty, to be recovered by the Attorney General in the name of the Division, of not more than $5,000 for each day of the violation.
2. In addition to the civil penalty described in subsection 1, the Division may impose an administrative fine of not more than $2,500 per day for each violation described in subsection 1.
κ2025 Statutes of Nevada, Page 2851 (CHAPTER 438, SB 43)κ
3. The civil penalty and administrative fine authorized by this section are in addition to any other penalties or relief prescribed by NRS 445A.800 to 445A.955, inclusive [.] , and section 20 of this act.
4. In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or of any permit, certificate, standard, regulation or final order adopted or issued thereto, by injunction or other appropriate remedy. The Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 33. NRS 445A.955 is hereby amended to read as follows:
445A.955 Any person who violates the provisions of NRS 445A.800 to 445A.955, inclusive, and section 20 of this act or any regulation adopted by the Commission pursuant to those provisions is guilty of a misdemeanor. Each day of violation constitutes a separate offense.
Sec. 34. 1. Notwithstanding the amendatory provisions of section 4 of this act requiring the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources to determine that a district board of health of a health district is capable of acting as a solid waste management authority, any district board of health which on the effective date of this act is acting as a solid waste management authority for the purposes of NRS 444.440 to 444.645, inclusive, as amended by sections 2 to 19, inclusive, of this act, shall be deemed to have been determined capable of acting as a solid waste management authority by the Administrator and may continue to act as a solid waste management authority.
2. Notwithstanding the amendatory provisions of section 20 of this act authorizing the Administrator to designate a district board of health of a health district to administer and enforce the provisions of NRS 445A.800 to 445A.955, inclusive, as amended by sections 20 to 33, inclusive, of this act, any district board of health which on the effective date of this act is administering and enforcing the provisions of NRS 445A.800 to 445A.955, inclusive, as amended by sections 20 to 33, inclusive, of this act, shall be deemed to have been so designated by the Administrator and may continue to administer and enforce the provisions of NRS 445A.800 to 445A.955, inclusive, as amended by sections 20 to 33, inclusive, of this act.
Sec. 35. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 2852κ
Senate Bill No. 62Committee on Judiciary
CHAPTER 439
[Approved: June 9, 2025]
AN ACT relating to crimes; expanding the definition of victim for the purposes of eligibility for compensation from the Fund for the Compensation of Victims of Crime to include a person targeted because of certain actual or perceived characteristics of the person; authorizing such a person to receive compensation from the Fund for the remediation of property owned by the person under certain circumstances; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain victims of crime to receive compensation from the Fund for the Compensation of Victims of Crime. (NRS 217.100, 217.260) Section 4.3 of this bill expands the definition of victim for the purposes of eligibility for compensation from the Fund to include a person targeted because of certain characteristics. Section 4.7 of this bill authorizes such a victim to receive an amount not to exceed $1,000 per incident from the Fund for the remediation of certain property damaged in the commission of the crime perpetrated against him or her. Section 5 of this bill makes an appropriation to the: (1) Fund for the purposes of providing aid to certain victims; and (2) Office of the Attorney General for the purposes of providing support and resources to survivors of crimes prosecuted by the Office of the Attorney General.
Existing law creates the Account for Victims of Human Trafficking in the State General Fund and requires a recipient of an allocation of money from the Account to use the money only for establishing or providing programs or services to victims of human trafficking. (NRS 217.530, 217.540) Section 5 makes an appropriation to the Account.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-4. (Deleted by amendment.)
Sec. 4.3. NRS 217.070 is hereby amended to read as follows:
217.070 1. Victim means a person who suffers direct or threatened physical, financial or psychological harm as a result of the commission of a crime, including, without limitation:
(a) A person who is injured or killed as the direct result of a criminal act;
(b) A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;
(c) A minor who was sexually abused, as sexual abuse is defined in NRS 432B.100;
(d) A person who is physically injured or killed as the direct result of a violation of NRS 484C.110 or any act or neglect of duty punishable pursuant to NRS 484C.430 or 484C.440;
(e) A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of a crash involving the driver and the pedestrian in violation of NRS 484E.010;
κ2025 Statutes of Nevada, Page 2853 (CHAPTER 439, SB 62)κ
(f) An older person or a vulnerable person who is abused, neglected, exploited, isolated or abandoned in violation of NRS 200.5099 or 200.50995;
(g) A person who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1);
(h) A person who is trafficked in violation of subsection 2 of NRS 201.300;
(i) A veteran who experienced an act of sexual assault while serving on active duty, active duty for training or inactive duty training;
(j) A person who is subjected to facilitating sex trafficking in violation of subsection 1 of NRS 201.301; [or]
(k) A person who is the victim of a crime for which an additional penalty is imposed pursuant to NRS 193.1675 or an enhanced penalty is imposed pursuant to NRS 207.185; or
(l) A person who is an immediate family member of a victim who:
(1) Is a minor;
(2) Is physically or mentally incompetent; or
(3) Was killed.
2. The term includes any person who was harmed by an act listed in subsection 1, regardless of whether:
(a) The person is a resident of this State, a citizen of the United States or is lawfully entitled to reside in the United States; or
(b) The act was committed by an adult or a minor.
Sec. 4.7. NRS 217.160 is hereby amended to read as follows:
217.160 1. The compensation officer may order the payment of compensation:
(a) To or for the benefit of the victim.
(b) If the victim has suffered personal injury, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the injury.
(c) If the victim dies, to or for the benefit of any one or more of the dependents of the victim.
(d) To a minor who is a member of the household or immediate family of a victim of a battery which constitutes domestic violence pursuant to NRS 33.018 who needs an assessment, a psychological evaluation or psychological counseling for emotional trauma suffered by the minor as a result of the battery.
(e) To a member of the victims household or immediate family for psychological counseling for emotional trauma suffered by the member as a result of the crime of murder as defined in NRS 200.010.
(f) To a county in whose jurisdiction a sexual assault was committed for the reimbursement of costs associated with a forensic medical examination of a victim of sexual assault that are paid by the county pursuant to NRS 217.300. A county may be reimbursed pursuant to this paragraph in an amount equal to the cost of 10 forensic medical examinations or $10,000, whichever is less, each fiscal year.
(g) To a victim described in paragraph (k) of subsection 1 of NRS 217.070 for the remediation of property owned by the victim that was damaged in the commission of the crime, in an amount not to exceed $1,000 for each incident.
2. As used in this section:
κ2025 Statutes of Nevada, Page 2854 (CHAPTER 439, SB 62)κ
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) Forensic medical examination has the meaning ascribed to it in NRS 217.300.
(c) Household means an association of persons who live in the same home or dwelling and who:
(1) Have significant personal ties to the victim; or
(2) Are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.
(d) Immediate family means persons who are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.
(e) Victim of sexual assault has the meaning ascribed to it in NRS 217.280.
Sec. 5. 1. There is hereby appropriated from the State General Fund to the Fund for the Compensation of Victims of Crime created by NRS 217.260 for the purposes described in subsection 2 the following sums:
For the Fiscal Year 2025-2026...................................................... $30,000
For the Fiscal Year 2026-2027...................................................... $30,000
2. The money appropriated by subsection 1 must be used to provide monetary aid to victims of hate crimes as described in chapter 217 of NRS.
3. There is hereby appropriated from the State General Fund to the Office of the Attorney General for the purposes described in subsection 4 the following sums:
For the Fiscal Year 2025-2026...................................................... $20,000
For the Fiscal Year 2026-2027...................................................... $20,000
4. The money appropriated by subsection 3 must be used to provide support and resources to survivors of crimes prosecuted by the Office of the Attorney General.
5. There is hereby appropriated from the State General Fund to the Account for Victims of Human Trafficking created by NRS 217.530 the sum of $200,000.
6. As used in this section, hate crime means a crime for which an:
(a) Additional penalty is imposed pursuant to NRS 193.1675; or
(b) Enhanced penalty is imposed pursuant to NRS 207.185.
Sec. 6. (Deleted by amendment.)
________
κ2025 Statutes of Nevada, Page 2855κ
Senate Bill No. 90Senator Dondero Loop
CHAPTER 440
[Approved: June 9, 2025]
AN ACT making an appropriation to the Department of Education for the creation of a grant program to allow certain teachers and specialized instructional support personnel to obtain certain supplies or materials for classrooms or school operations; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Education the sum of $15,000,000 for the Other State Education Programs budget account for the purpose of creating a grant program to allow teachers and specialized instructional support personnel to obtain necessary supplies and materials for their classrooms or school operations, respectively.
2. Of the sum appropriated by subsection 1, the Department shall not expend more than $7,500,000 in Fiscal Year 2025-2026.
3. The Department shall enter into an agreement with one or more organizations to provide such organizations with a grant from the Department to administer a program whereby the organizations expend grant money to directly provide teachers and specialized instructional support personnel with necessary supplies and materials for their classrooms or school operations, respectively, in response to a request from such persons.
4. Except as otherwise provided in this subsection, an agreement made pursuant to subsection 3 shall require that an organization that receives grant money expend not more than $500 per individual teacher or specialized instructional support personnel following a request made pursuant to subsection 3. An individual teacher or specialized instructional support personnel may request the organization expend money in excess of $500 and, to the extent that money from a source other than the grant program established pursuant to this section is available, such a request may be fulfilled.
5. As used in this section, specialized instructional support personnel includes persons employed by a school to provide necessary services such as assessment, diagnosis, counseling, educational services, therapeutic services and related services, as defined in 20 U.S.C. § 1401(26), to pupils. Such persons employed by a school include, without limitation:
(a) A school counselor;
(b) A school psychologist;
(c) A school social worker;
(d) A school nurse;
(e) A speech-language pathologist;
(f) A school library media specialist; and
(g) Any other qualified professional.
κ2025 Statutes of Nevada, Page 2856 (CHAPTER 440, SB 90)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 104Senator Pazina
Joint Sponsors: Assemblymembers Jauregui, Monroe-Moreno and Yeager
CHAPTER 441
[Approved: June 9, 2025]
AN ACT relating to governmental financial administration; making an appropriation for allocation to nonprofit organizations to provide programs for the creation and maintenance of school gardens; making appropriations to certain other nonprofit organizations; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Other State Education Programs Account in the State General Fund for the cost of creating and maintaining programs for school gardens that meet the requirements of subsection 3 the following sums:
For the Fiscal Year 2025-2026.................................................... $200,000
For the Fiscal Year 2026-2027.................................................... $200,000
2. The Department of Education shall allocate the money appropriated by subsection 1 to nonprofit organizations to provide at a public school a program for a school garden which meets the requirements set forth in subsection 3.
3. For a nonprofit organization to receive an allocation of money to provide a program for a school garden pursuant to subsection 2, the program must:
(a) Create and maintain a school garden at the school.
(b) Have a curriculum that:
(1) Includes a comprehensive science, technology, engineering and mathematics school garden program. Such a program must include, without limitation, a science, technology, engineering and mathematics curriculum for outdoor or hydroponic gardens for pupils in kindergarten through grade 12 that is tailored to pupils of the appropriate grade levels at the school;
κ2025 Statutes of Nevada, Page 2857 (CHAPTER 441, SB 104)κ
(2) Is written specifically for Nevada and the desert environment of Nevada;
(3) Complies with the standards of content and performance for a course of study in science adopted by the State Board of Education pursuant to NRS 389.520;
(4) Uses experiential learning or project-based learning to teach science, technology, engineering, arts and mathematics;
(5) Is designed with the assistance of teachers and other educational personnel with experience at the appropriate grade levels at the school; and
(6) Involves supervised learning experiences for the pupils at the school in a classroom and a school garden.
(c) Provide the school with assistance from members of the community, including, without limitation, trained educators, local farmers and local chefs.
(d) Provide pupils with the:
(1) Ability to operate a farmers market to sell the produce from the school garden; and
(2) Opportunity to have a local chef or employee of a school who works in food services demonstrate how to cook a meal using the produce grown from the school garden.
(e) Establish garden teams comprised of teachers and, if such persons are available, parents and members of the community. Each garden team shall meet at least once each month.
(f) Require any local nonprofit or community-based organization which will provide services to implement the program for a school garden to have at least 2 years of experience implementing such a program.
4. Money allocated pursuant to subsection 2 may be used to:
(a) Provide professional development for teachers regarding the:
(1) Use of a school garden to teach pupils with disabilities, including, without limitation, training for teaching such pupils science, technology, engineering and mathematics curriculum and vocational training to create a career path in horticulture;
(2) Development and implementation of science, technology, engineering, arts and mathematics curricula that incorporate the use of a school garden;
(3) Development and implementation of training that may be provided to a group or individually to teachers in how to establish and maintain school gardens to increase the time teachers allocate to teaching science, technology, engineering and mathematics; and
(4) Development and implementation of a food safety plan designed to ensure that food grown in a school garden is properly handled and safe to sell and consume;
(b) Pay for any travel expenses associated with the attendance of a teacher at any training or conference relating to school gardens; and
(c) Pay for the costs of a conference regarding school gardens held in this State.
5. As used in this section:
(a) Public school has the meaning ascribed to it in NRS 385.007.
(b) School garden includes, without limitation, a hydroponic garden.
Sec. 2. Upon acceptance of the money allocated pursuant to section 1 of this act, a nonprofit organization agrees to:
1. Prepare and transmit a report to the Interim Finance Committee on or before October 1, 2026, that describes each expenditure made from the money allocated pursuant to section 1 of this act from the date on which the money was received by the nonprofit organization through June 30, 2026;
κ2025 Statutes of Nevada, Page 2858 (CHAPTER 441, SB 104)κ
money allocated pursuant to section 1 of this act from the date on which the money was received by the nonprofit organization through June 30, 2026;
2. Prepare and transmit a final report to the Interim Finance Committee on or before October 1, 2027, that describes each expenditure made from the money allocated pursuant to section 1 of this act from the date on which the money was received by the nonprofit organization through June 30, 2027; and
3. Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the nonprofit organization, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money allocated pursuant to section 1 of this act.
Sec. 3. Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the Mob Museum the sum of $250,000 for the planning phase of its expansion.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 5. 1. There is hereby appropriated from the State General Fund to the National Council of Juvenile and Family Court Judges the sum of $100,000 for the purpose of supporting the Nevada Judicial Resource Center on Firearms.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 6. 1. There is hereby appropriated from the State General Fund to Raise the Future the sum of $250,000 to support its programs in this State.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
κ2025 Statutes of Nevada, Page 2859 (CHAPTER 441, SB 104)κ
which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 7. This act becomes effective on July 1, 2025.
________
Senate Bill No. 132Senator Nguyen
CHAPTER 442
[Approved: June 9, 2025]
AN ACT making an appropriation to the Nevada Clean Energy Fund for securing and implementing grants for qualified clean energy projects; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Nevada Clean Energy Fund formed pursuant to NRS 701B.985 the sum of $500,000 for securing and implementing grants for qualified clean energy projects in this State, including, without limitation, costs associated with:
(a) Providing bridge or gap funding for qualified clean energy projects;
(b) Providing technical support to state and local agencies; and
(c) Staffing and administering the Nevada Clean Energy Fund.
2. Upon acceptance of the money appropriated by subsection 1, the Nevada Clean Energy Fund agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2026, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Clean Energy Fund through December 1, 2026;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2027, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Clean Energy Fund through June 30, 2027; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Clean Energy Fund, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
κ2025 Statutes of Nevada, Page 2860 (CHAPTER 442, SB 132)κ
appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
4. As used in this section, qualified clean energy project has the meaning ascribed to it in NRS 701B.965.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 133Senator Dondero Loop
CHAPTER 443
[Approved: June 9, 2025]
AN ACT making an appropriation to the Nevada Center for Civic Engagement to support civics education programs in elementary, junior high, middle and high schools in this State and to expand civics education programs for adults; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Nevada Center for Civic Engagement for the purpose of supporting civics education programs, including, without limitation, National History Day, Civics in Action Summit, KidsVention and We the People: The Citizen and the Constitution Program, in Nevadas elementary, junior high, middle and high schools and to expand civics education programs for adults, the following sums:
For the Fiscal Year 2025-2026.................................................... $250,000
For the Fiscal Year 2026-2027.................................................... $250,000
2. Upon acceptance of the money appropriated by subsection 1, the Nevada Center for Civic Engagement agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2026, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Center for Civic Engagement through December 1, 2026;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2027, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Center for Civic Engagement through June 30, 2027; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Center for Civic Engagement, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
κ2025 Statutes of Nevada, Page 2861 (CHAPTER 443, SB 133)κ
other records of information, confidential or otherwise, of the Nevada Center for Civic Engagement, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.
Sec. 2. This act becomes effective on July 1, 2025.
________
Senate Bill No. 231Senators Stone, Steinbeck, Krasner, Buck; Ellison, Nguyen and Scheible
CHAPTER 444
[Approved: June 9, 2025]
AN ACT relating to pharmacy; establishing requirements governing the maintenance of secure drug take-back bins for the collection and destruction of unused drugs; providing that entities that maintain a secure drug take-back bin in accordance with such requirements are not subject to certain discipline for certain injuries and harms; requiring an allocation from the Fund for a Resilient Nevada to the State Board of Pharmacy to assist with the collection and destruction of unused drugs; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal regulations authorize pharmacies, hospitals and other entities authorized to handle controlled substances to register with the Drug Enforcement Administration of the United States Department of Justice to obtain authorization to be a collector of controlled substances. Existing federal regulations authorize such collectors to: (1) conduct mail-back programs for the return of controlled substances; and (2) maintain collection receptacles for disposal of the controlled substances. (21 C.F.R. §§ 1317.40, 1317.70, 1317.75) Existing federal regulations also prescribe standards governing the disposal of controlled substances by entities authorized to handle and dispose of controlled substances. (21 C.F.R. Part 1317) Existing regulations of the State Board of Pharmacy require an entity that is authorized pursuant to federal law and conducts such a mail-back program or maintains such collection receptacles to provide to the Board: (1) written notification of the registration of the entity with the Drug Enforcement Administration to be a collector; and (2) copies of a certain federal form which is required to document the destruction of controlled substances. (NAC 639.050) Existing regulations of the Board also prescribe standards for the destruction of controlled substances, which mirror the relevant federal regulations. (NAC 639.498)
κ2025 Statutes of Nevada, Page 2862 (CHAPTER 444, SB 231)κ
Section 1 of this bill prescribes requirements for the installation and maintenance of secure drug take-back bins by a collector that is registered with the Drug Enforcement Administration for the on-site collection and destruction of home-generated pharmaceutical waste. Specifically, section 1 requires such a collector to: (1) comply with all applicable state and federal laws and regulations; (2) notify at least one local law enforcement agency of any suspected or known tampering or theft or significant loss of controlled substances from a secure drug take-back bin that occurs while the bin is under the control of the collector; (3) post signage notifying customers of the substances that are and are not acceptable for deposit into the secure drug take-back bin; (4) regularly monitor and inspect the bin and surrounding area, including by limiting customer access to the bin to certain hours when the bin is being actively monitored; and (5) maintain records of such inspections and other records required by law. Section 1 also prohibits such a collector from receiving any compensation from a customer to maintain the secure drug take-back bin. Section 1: (1) provides that a collector that complies with such requirements is not subject to discipline by the Board for any injury or harm that directly results from the collector maintaining a secure drug take-back bin, unless the injury or harm directly resulted from the gross negligence or willful and wanton misconduct of the collector; and (2) relieves such a collector from compliance with any restriction established by the governing body of a county, city or other local governmental entity that would affect the collection and destruction of the contents of a secure drug take-back bin.
Existing law creates the Fund for a Resilient Nevada and requires the Attorney General to deposit in the Fund money received by this State pursuant to any judgment received or settlement entered into by the State of Nevada as a result of certain litigation concerning the manufacture, distribution, sale or marketing of opioids. Existing law requires the Director of the Department of Health and Human Services to administer the Fund. (NRS 433.732) Section 2 of this bill requires the Director to allocate $500,000 from the Fund to the State Board of Pharmacy to assist collectors with the destruction of home-generated pharmaceutical waste deposited in a secure drug take-back bin.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A collector that maintains a secure drug take-back bin for the collection and destruction of home-generated pharmaceutical waste shall:
(a) Comply with all applicable state and federal laws and regulations relating to the collection of home-generated pharmaceutical waste for destruction in secure drug take-back bins;
(b) Ensure that the secure drug take-back bin is placed in a location that is regularly monitored by employees of the collector;
(c) Ensure that conspicuous signage is posted on the secure drug take-back bin that clearly notifies customers as to the substances that are and are not acceptable for deposit into the bin;
(d) Ensure that public access to the secure drug take-back bin is limited to hours during which employees of the collector are present and able to monitor the operation of the secure drug take-back bin;
(e) Regularly inspect the secure drug take-back bin and the area surrounding the secure drug take-back bin for potential tampering or diversion;
κ2025 Statutes of Nevada, Page 2863 (CHAPTER 444, SB 231)κ
(f) Maintain a record of inspections conducted pursuant to paragraph (e) that must:
(1) Be documented in writing or electronically and may be combined with records required to be maintained by other state or federal laws or regulations;
(2) Include the date and time of each inspection; and
(3) Include the initials of the employee who conducted each inspection;
(g) Retain each record maintained pursuant to paragraph (f) and any other record relating to the secure drug take-back bin required by state or federal laws or regulations for at least 2 years after the date of the event to which the record pertains; and
(h) Notify at least one local law enforcement agency of any suspected or known tampering or theft or significant loss of controlled substances that occurs while the secure drug take-back bin is under the control of the collector not later than 1 business day after the date on which the tampering, theft or significant loss is suspected or discovered.
2. A collector shall not receive compensation from a customer of the collector to maintain a secure drug take-back bin or to perform any act required by subsection 1.
3. Any collector that maintains a secure drug take-back bin and complies with the provisions of subsections 1 and 2 is not subject to any:
(a) Disciplinary action by the Board for any injury or harm that directly results from the collector maintaining a secure drug take-back bin on its premises, unless the injury or harm directly results from the gross negligence or willful and wanton misconduct of the collector; or
(b) Restriction established by the governing body of a county, city or other local governmental entity that would affect the collection, transportation, treatment or destruction of the contents of a secure drug take-back bin pursuant to this section.
4. Nothing in this section shall be construed to require any entity that:
(a) May qualify as a collector to acquire, maintain or make available to the public a secure drug take-back bin on its premises; or
(b) Has entered into an agreement to collect and dispose of solid waste as part of a solid waste management system to collect and dispose of the contents of secure drug take-back bins, unless the agreement or plan expressly provides for such collection and disposal.
5. The Board may adopt regulations necessary to carry out the provisions of this section.
6. As used in this section:
(a) Collector means an entity that is:
(1) Authorized by and registered with the Drug Enforcement Administration to receive a controlled substance for the purpose of destruction; and
(2) In good standing with the Board.
(b) Home-generated pharmaceutical waste means a pharmaceutical that is no longer wanted or needed by the consumer, including, without limitation, in the form of pills, liquids, inhalers, topical creams, suppositories or patches.
κ2025 Statutes of Nevada, Page 2864 (CHAPTER 444, SB 231)κ
(c) Local law enforcement agency means:
(1) The sheriffs office of a county;
(2) A metropolitan police department; or
(3) A police department of an incorporated city.
(d) Maintain means to own, lease, operate or otherwise host a secure drug take-back bin.
(e) Pharmaceutical means a drug intended for human or veterinary use, regardless of whether the drug is sold with or without a prescription. The term includes, without limitation, controlled substances listed in schedule II, III, IV or V. The term does not include controlled substances listed in schedule I.
(f) Secure drug take-back bin means a collection receptacle as described in 21 C.F.R. § 1317.75.
(g) Solid waste management system has the meaning ascribed to it in NRS 444.500.
Sec. 2. 1. Notwithstanding any other provision of law to the contrary, the Director of the Department of Health and Human Services shall allocate $500,000 of the money in the Fund for a Resilient Nevada created by NRS 433.732 to the State Board of Pharmacy to assist collectors with the destruction of home-generated pharmaceutical waste deposited in a secure drug take-back bin.
2. As used in this section:
(a) Collector has the meaning ascribed to it in section 1 of this act.
(b) Home-generated pharmaceutical waste has the meaning ascribed to it in section 1 of this act.
(c) Secure drug take-back bin has the meaning ascribed to it in section 1 of this act.
Sec. 3. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2025, for all other purposes.
3. Section 2 of this act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 2865κ
Senate Bill No. 277Senators Cruz-Crawford and Doρate
Joint Sponsors: Assemblymembers Jackson; Anderson and DSilva
CHAPTER 445
[Approved: June 9, 2025]
AN ACT relating to education; requiring certain public schools to employ a school social worker to the extent that money is available for that purpose; creating immunity from civil liability for a school district or charter school for certain actions that constitute harassment or power-based violence if the school district or charter school establishes, enforces and publishes a policy containing certain provisions relating to harassment and power-based violence; requiring the Commission on Professional Standards in Education to adopt regulations relating to the licensure of school psychologists, school counselors and school social workers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes various requirements governing educational personnel, including requirements governing the licensing, qualifications, employment, powers, duties, supervision and evaluation of such personnel. (Chapter 391 of NRS) Under existing law, the Commission on Professional Standards in Education is required to adopt regulations relating to the qualifications for licensure of teachers and other educational personnel, including: (1) regulations relating to the qualifications for licensure of school counselors and school social workers; and (2) regulations that allow a person who is currently employed by a public school in a position to provide support or other services relating to school psychology to simultaneously complete a program of internship in psychology. (NRS 391.019, 391.0349) Section 2 of this bill requires the Commission to adopt regulations that allow a person who is employed by a public school in a position relating to school counseling or school social work, as applicable, and is enrolled in a program that would allow the person to obtain a license or endorsement as a school counselor or school social worker, as applicable, to simultaneously complete any required internship or practicum hours for the purpose of obtaining such a license or endorsement. Section 2 further requires the Commission to adopt regulations that allow a person who is employed by a public school in a position relating to school psychology and is enrolled in a program that would allow the person to obtain a license or endorsement as a school psychologist to simultaneously complete any required practicum hours.
Existing law establishes the powers and duties of a school counselor and school social worker. (NRS 391.293, 391.296) Existing law requires each public school, including each charter school, to the extent that money is available for that purpose, to employ a school counselor at the school on a full-time basis. (NRS 388.055) Section 1.3 of this bill additionally requires each public school in a county whose population is 700,000 or more (currently only Clark County), to the extent that money is available for that purpose, to employ a school social worker at the school on a full-time basis. Section 1.3 also prohibits, insofar as is practicable, each public school from entering into a contract with an independent contractor for the provision of the services that a school social worker is authorized to perform.
Existing law creates county school districts as political subdivisions of this State and provides that each school district may be sued. (NRS 386.010) Section 1.7 of this bill: (1) makes a school district or charter school immune from civil liability for an incident of harassment or power-based violence by pupils or staff if it demonstrates that it established, enforced and adequately published a comprehensive policy to prevent harassment and power-based violence; and (2) requires such a policy to include certain provisions.
κ2025 Statutes of Nevada, Page 2866 (CHAPTER 445, SB 277)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.
Sec. 1.3. Each public school, including, without limitation, each charter school, in a county whose population is 700,000 or more:
1. Shall, to the extent that money is available for that purpose, employ a school social worker at the school on a full-time basis.
2. Shall not, insofar as is practicable, enter into a contract with an independent contractor for the provision of the services that a school social worker is authorized to perform pursuant to NRS 391.296.
Sec. 1.7. 1. A school district or charter school is immune from civil liability for any incident of harassment or power-based violence by a pupil, employee or contractor of the school district or charter school if the school district or charter school demonstrates that the school district or charter school, as applicable, established, enforced and adequately published on its Internet website and in its handbook of policies and procedures a comprehensive policy to prevent harassment and power-based violence that includes, without limitation:
(a) Protocols that describe specific measures that must be adhered to in responding to a complaint of an alleged incident of harassment or power-based violence by a pupil, employee or contractor;
(b) Trauma-informed procedures to address a complaint of an alleged incident of harassment or power-based violence, without exposing the complainant and any alleged victims to further harm or to unreasonable effort or expense;
(c) Regardless of whether a complainant requests an investigation, a plan to deliver supportive measures to a complainant and any alleged victims not later than 3 days after receiving the complaint of an alleged incident of harassment or power-based violence; and
(d) Any corrective action that is necessary, appropriate, delivered promptly and designed for an alleged incident of harassment or power-based violence, to:
(1) Stop any such incident;
(2) Prevent the recurrence of any such incident; and
(3) Remedy the effects of any such incident.
2. As used in this section:
(a) Harassment has the meaning ascribed to it in NRS 200.571.
(b) Power-based violence has the meaning ascribed to it in NRS 396.1285.
(c) Supportive measures includes, without limitation:
(1) Adjusting the schedule of courses of a pupil;
(2) Providing a pupil with accommodations for assignments and examinations;
(3) Complying with a court order prohibiting contact;
(4) Providing counseling services;
(5) Adjusting participation in school activities or the duties of an employee or contractor;
κ2025 Statutes of Nevada, Page 2867 (CHAPTER 445, SB 277)κ
(6) Providing a list of providers of counseling or legal services in the community;
(7) Regardless of any requirements concerning the attendance or grade point average of a pupil, preserving the ability of the pupil to serve in leadership positions and participate in activities and educational programs;
(8) As appropriate, excusing any absences of a pupil or providing a leave of absence to an employee or contractor; and
(9) Increasing the monitoring or supervision of locations on school property or during school-sponsored activities where the parties involved in an alleged incident of harassment or power-based violence are likely to interact.
Sec. 2. NRS 391.019 is hereby amended to read as follows:
391.019 1. Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations:
(a) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of those licenses. The regulations:
(1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:
(I) Establish the requirements for approval as a qualified provider;
(II) Require a qualified provider to be selective in its acceptance of students;
(III) Require a qualified provider to provide in-person or virtual supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;
(IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;
(V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;
(VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and
(VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.
(2) Must require an applicant for a license to teach middle school or junior high school education or secondary education to demonstrate proficiency in a field of specialization or area of concentration by successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.
κ2025 Statutes of Nevada, Page 2868 (CHAPTER 445, SB 277)κ
successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.
(3) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.
(b) Identifying fields of specialization in teaching which require the specialized training of teachers.
(c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.
(d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.
(e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting.
(f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting if they:
(1) Provide instruction or other educational services; and
(2) Concurrently engage in the practice of sign language interpreting, as defined in NRS 656A.060.
(g) Prescribing course work on parental involvement and family engagement. The Commission shall:
(1) Work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.
(2) Establish standards for professional development training which may be used to satisfy any course work requirement prescribed pursuant to this paragraph.
(h) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in cultural competency.
(i) Authorizing the Superintendent of Public Instruction to issue a license by endorsement to an applicant who holds an equivalent license or authorization issued by a governmental entity in another country if the Superintendent determines that the qualifications for the equivalent license or authorization are substantially similar to those prescribed pursuant to paragraph (a).
(j) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in teaching courses relating to financial literacy.
(k) Authorizing a person who is employed as a paraprofessional and enrolled in a program to become a teacher to complete an accelerated program of student teaching in the same or a substantially similar area in which the person is employed as a paraprofessional while remaining employed as a paraprofessional.
κ2025 Statutes of Nevada, Page 2869 (CHAPTER 445, SB 277)κ
(l) Requiring the Department to accept a program of student teaching or other teaching experience completed in another state or foreign country by an applicant for a license if the Department determines that the program or experience substantially fulfills the standards of a program of student teaching in this State.
(m) Authorizing a person who is employed by a public school in a position to provide support or other services relating to [school] :
(1) School psychology, if the person does not hold a license or endorsement as a school psychologist but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete a program of internship in school psychology or any required practicum hours for the purpose of obtaining a license or endorsement as a school psychologist while remaining employed in such a position.
(2) School counseling, if the person does not hold a license or endorsement as a school counselor but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete any required internship or practicum hours for the purpose of obtaining a license or endorsement as a school counselor while remaining employed in such a position.
(3) School social work, if the person does not hold a license or endorsement as a school social worker but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete any required internship or practicum hours for the purpose of obtaining a license or endorsement as a school social worker while remaining employed in such a position.
(n) To carry out the provisions of NRS 391B.010.
2. Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.
3. Any regulation which increases the amount of education, training or experience required for licensing:
(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.
(b) Must not become effective until at least 1 year after the date it is adopted by the Commission.
(c) Is not applicable to a license in effect on the date the regulation becomes effective.
________
κ2025 Statutes of Nevada, Page 2870κ
Senate Bill No. 280Senators Nguyen, Pazina, Steinbeck, Titus; Cannizzaro, Cruz-Crawford, Daly, Doρate, Dondero Loop, Flores, Hansen, Krasner, Ohrenschall, Scheible and Taylor
Joint Sponsors: Assemblymembers Torres-Fossett, Dickman, Nguyen; DSilva, Edgeworth and Watts
CHAPTER 446
[Approved: June 9, 2025]
AN ACT making an appropriation to the University of Nevada, Las Vegas, School of Dental Medicine for the creation of a cleft and craniofacial medical team; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the University of Nevada, Las Vegas, School of Dental Medicine the sum of $1,314,000 for the creation of a cleft and craniofacial medical team. The team shall:
(a) Obtain approval as a Cleft Palate and Craniofacial Team from the American Cleft Palate Craniofacial Association, or its successor organization;
(b) Provide cleft and craniofacial health care services through a clinic that is open:
(1) At least 4 hours for at least 1 day each month; and
(2) If the team determines there is a need and that resources are available, at least 8 hours for at least 2 days each month;
(c) Provide services to:
(1) Children who are less than 3 years of age; and
(2) If the team determines that resources are available, children with special needs who are at least 3 years of age but less than 18 years of age;
(d) Establish partnerships with other institutions of higher education in this State and any other organization that may assist the team in complying with this subsection.
2. Any remaining balance of an appropriation made by this section must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 2871κ
Senate Bill No. 319Senators Daly; and Taylor
CHAPTER 447
[Approved: June 9, 2025]
AN ACT relating to county fire protection districts; requiring the Washoe County Board of County Commissioners, Reno City Council and Sparks City Council to establish a board to conduct a study relating to the creation of a county fire protection district within certain territory; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes contiguous unincorporated territory lying within one or more counties or incorporated territory lying within a consolidated municipality and not included in any other fire protection district to, by petition and election, be formed into a county fire protection district. (NRS 474.010-474.125) Existing law also authorizes a board of county commissioners to, by ordinance, organize unincorporated territory within the county into a county fire protection district. (NRS 474.460) Existing law further authorizes a board of county commissioners in a county whose population is less than 700,000 (currently all counties other than Clark County) to consolidate two or more county fire protection districts within the county under certain circumstances. (NRS 474.533)
Section 15 of this bill requires: (1) the Washoe County Board of County Commissioners, the Reno City Council and the Sparks City Council to establish, by interlocal agreement, a board to study the creation of a county fire protection district to consolidate fire protection services within certain territory within Washoe County, Reno and Sparks; and (2) the board to prepare a written report of the results and any recommendations.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-14. (Deleted by amendment.)
Sec. 15. 1. The Washoe County Board of County Commissioners shall, by interlocal agreement adopted in accordance with the provisions of NRS 277.080 to 277.180, inclusive, establish a board to study the creation of a county fire protection district to consolidate fire protection services within territory within Washoe County and the Cities of Reno and Sparks. Washoe County and the Cities of Reno and Sparks shall share the costs of the study, the costs of any additional consultants and experts and any other cost necessary to conduct the study.
2. The board established pursuant to subsection 1 must be composed of:
(a) Two members of the Washoe County Board of County Commissioners, appointed by the Washoe County Board of County Commissioners;
(b) Two members of the Reno City Council, appointed by the Reno City Council; and
(c) Two members of the Sparks City Council, appointed by the Sparks City Council.
κ2025 Statutes of Nevada, Page 2872 (CHAPTER 447, SB 319)κ
3. The board shall:
(a) Evaluate the impact a consolidated county fire protection district will have on the response times, preparation and costs of providing fire protection services in Washoe County and the Cities of Reno and Sparks;
(b) Determine any legal mechanisms necessary to consolidate fire service between the County and the Cities;
(c) Determine any assessments necessary to support the district;
(d) Determine and review the amount of any debt and liabilities of each former fire protection district or fire department consolidated into a county fire protection district for the purposes of determining how any such debt and liabilities may be settled or paid;
(e) Evaluate any potential impacts on policies of insurance for fire;
(f) Perform any other acts necessary, proper and convenient to accomplish the purposes of this section; and
(g) Not later than December 31, 2026, prepare a written report for transmission to the Washoe County Board of County Commissioners, Reno City Council and Sparks City Council with the results and recommendations of the board and any recommendations for legislation.
4. A majority of members constitutes a quorum at any meeting. Any action of the board must be approved by a majority of members and at least one member appointed by each participating governing body.
5. The board may contract with other entities to assist the board in carrying out the requirements of this section.
6. The board established pursuant to subsection 1 is a public body and is subject to the requirements set forth in chapter 241 of NRS.
Secs. 15.5 and 16. (Deleted by amendment.)
Sec. 17. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 18. 1. This section and sections 15.5 and 17 of this act become effective upon passage and approval.
2. Section 15 of this act becomes effective upon passage and approval and expires by limitation on July 1, 2027.
3. Sections 1 to 14, inclusive, and 16 of this act become effective on July 1, 2027.
________
κ2025 Statutes of Nevada, Page 2873κ
Senate Bill No. 344Senators Cannizzaro, Nguyen, Pazina, Scheible, Dondero Loop; Cruz-Crawford, Daly, Doρate, Flores, Lange and Taylor
CHAPTER 448
[Approved: June 9, 2025]
AN ACT relating to insurance; requiring certain health insurance to cover certain screenings for genetic disorders in a fetus or the parents of a fetus; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires certain public and private insurers, including Medicaid and health plans for public and private employees, to provide coverage for medically necessary biomarker testing for the diagnosis, treatment, appropriate management and ongoing monitoring of cancer when such biomarker testing is supported by medical and scientific evidence. (NRS 287.010, 287.04335, 422.272364, 608.1555, 689A.0446, 689B.0361, 689C.1688, 689C.425, 695A.1859, 695B.19087, 695C.050, 695C.16932, 695G.1703) Existing law also requires such health insurance to cover the examination of a pregnant woman for the discovery of certain sexually transmitted diseases. (NRS 287.010, 287.04335, 422.27173, 608.1555, 689A.0412, 689B.0315, 689C.1675, 689C.925, 695A.1856, 695B.1913, 695C.050, 695C.1737, 695G.1714) Sections 4-10, 12 and 14-16 of this bill require such insurers that issue group health care plans, as well as fraternal benefit societies and Medicaid, to cover certain screenings of the blood of a person who is pregnant to detect chromosomal abnormalities in the fetus. Sections 1, 4-10, 12 and 14-16 prohibit such insurers from requiring prior authorization for such screenings. Section 11 of this bill authorizes the Commissioner to suspend or revoke the certificate of a health maintenance organization that fails to comply with the requirements of section 9. The Commissioner would also be authorized to take such action against other private health insurers who fail to comply with the requirements of section 4-8, 10 or 12. (NRS 680A.200) Section 13 of this bill requires the Director of the Department of Health and Human Services to administer the provisions of section 16 in the same manner as the provisions of existing law governing Medicaid. Section 16.5 of this bill makes an appropriation to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the costs associated with the Medicaid coverage required by section 16.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 687B.225 is hereby amended to read as follows:
687B.225 1. Except as otherwise provided in NRS 689A.0405, 689A.0412, 689A.0413, 689A.0418, 689A.0437, 689A.044, 689A.0445, 689A.0459, 689B.031, 689B.0312, 689B.0313, 689B.0315, 689B.0317, 689B.0319, 689B.0374, 689B.0378, 689C.1665, 689C.1671, 689C.1675, 689C.1676, 695A.1843, 695A.1856, 695A.1865, 695A.1874, 695B.1912, 695B.1913, 695B.1914, 695B.1919, 695B.19197, 695B.1924, 695B.1925, 695B.1942, 695C.1696, 695C.1699, 695C.1713, 695C.1735, 695C.1737, 695C.1743, 695C.1745, 695C.1751, 695G.170, 695G.1705, 695G.171, 695G.1714, 695G.1715, 695G.1719 and 695G.177, and sections 4, 5, 7, 8, 9 and 12 of this act, any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization.
κ2025 Statutes of Nevada, Page 2874 (CHAPTER 448, SB 344)κ
695C.1743, 695C.1745, 695C.1751, 695G.170, 695G.1705, 695G.171, 695G.1714, 695G.1715, 695G.1719 and 695G.177, and sections 4, 5, 7, 8, 9 and 12 of this act, any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization. The insurer or organization shall:
(a) File its procedure for obtaining approval of care pursuant to this section for approval by the Commissioner; and
(b) Unless a shorter time period is prescribed by a specific statute, including, without limitation, NRS 689A.0446, 689B.0361, 689C.1688, 695A.1859, 695B.19087, 695C.16932 and 695G.1703, respond to any request for approval by the insured or member pursuant to this section within 20 days after it receives the request.
2. The procedure for prior authorization may not discriminate among persons licensed to provide the covered care.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that offers or issues a policy of group health insurance shall include in the policy coverage for noninvasive prenatal screening at any time during pregnancy. Such coverage must be provided without prior authorization.
2. A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
3. As used in this section, noninvasive prenatal screening means drawing blood from a person who is pregnant to perform laboratory analysis on the deoxyribonucleic acid circulating in the maternal blood stream for the purpose of detecting chromosomal abnormalities in the fetus.
Sec. 5. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A carrier that offers or issues a health benefit plan shall include in the plan coverage for noninvasive prenatal screening at any time during pregnancy. Such coverage must be provided without prior authorization.
2. A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
3. As used in this section, noninvasive prenatal screening means drawing blood from a person who is pregnant to perform laboratory analysis on the deoxyribonucleic acid circulating in the maternal blood stream for the purpose of detecting chromosomal abnormalities in the fetus.
κ2025 Statutes of Nevada, Page 2875 (CHAPTER 448, SB 344)κ
Sec. 6. NRS 689C.425 is hereby amended to read as follows:
689C.425 A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 5 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.
Sec. 7. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A society that offers or issues a benefit contract shall include in the contract coverage for noninvasive prenatal screening at any time during pregnancy. Such coverage must be provided without prior authorization.
2. A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the contract that conflicts with the provisions of this section is void.
3. As used in this section, noninvasive prenatal screening means drawing blood from a person who is pregnant to perform laboratory analysis on the deoxyribonucleic acid circulating in the maternal blood stream for the purpose of detecting chromosomal abnormalities in the fetus.
Sec. 8. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A hospital or medical services corporation that offers or issues a policy of group health insurance shall include in the policy coverage for noninvasive prenatal screening at any time during pregnancy. Such coverage must be provided without prior authorization.
2. A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
3. As used in this section, noninvasive prenatal screening means drawing blood from a person who is pregnant to perform laboratory analysis on the deoxyribonucleic acid circulating in the maternal blood stream for the purpose of detecting chromosomal abnormalities in the fetus.
Sec. 9. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A health maintenance organization that offers or issues a group health care plan or a plan that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid shall include in the plan coverage for noninvasive prenatal screening at any time during pregnancy. Such coverage must be provided without prior authorization.
2. A health care plan subject to the provisions of this section that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
κ2025 Statutes of Nevada, Page 2876 (CHAPTER 448, SB 344)κ
3. As used in this section, noninvasive prenatal screening means drawing blood from a person who is pregnant to perform laboratory analysis on the deoxyribonucleic acid circulating in the maternal blood stream for the purpose of detecting chromosomal abnormalities in the fetus.
Sec. 10. NRS 695C.050 is hereby amended to read as follows:
695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.1759, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
5. The provisions of NRS 695C.16932 to 695C.1699, inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731, 695C.17333, 695C.17345, 695C.17347, 695C.1736 to 695C.1745, inclusive, and section 9 of this act, 695C.1757 and 695C.204 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.
6. The provisions of NRS 695C.17095 do not apply to a health maintenance organization that provides health care services to members of the Public Employees Benefits Program. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
7. The provisions of NRS 695C.1735 do not apply to a health maintenance organization that provides health care services to:
(a) The officers and employees, and the dependents of officers and employees, of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State; or
(b) Members of the Public Employees Benefits Program.
κ2025 Statutes of Nevada, Page 2877 (CHAPTER 448, SB 344)κ
Κ This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
Sec. 11. NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 9 of this act, 695C.204 or 695C.207;
(c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;
(d) The Commissioner certifies that the health maintenance organization:
(1) Does not meet the requirements of subsection 1 of NRS 695C.080; or
(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;
(g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:
(1) Resolving complaints in a manner reasonably to dispose of valid complaints; and
(2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
(j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or
(k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.
2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.
κ2025 Statutes of Nevada, Page 2878 (CHAPTER 448, SB 344)κ
3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.
4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.
Sec. 12. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
1. A managed care organization that offers or issues a group health care plan or a plan that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid shall include in the plan coverage for noninvasive prenatal screening at any time during pregnancy. Such coverage must be provided without prior authorization.
2. A health care plan subject to the provisions of this section that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
3. As used in this section, noninvasive prenatal screening means drawing blood from a person who is pregnant to perform laboratory analysis on the deoxyribonucleic acid circulating in the maternal blood stream for the purpose of detecting chromosomal abnormalities in the fetus.
Sec. 13. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 16 of this act, 422.580, 432.010
κ2025 Statutes of Nevada, Page 2879 (CHAPTER 448, SB 344)κ
to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 14. NRS 287.010 is hereby amended to read as follows:
287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
κ2025 Statutes of Nevada, Page 2880 (CHAPTER 448, SB 344)κ
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 439.581 to 439.597, inclusive, 686A.135, 687B.352, 687B.408, 687B.692, 687B.723, 687B.725, 687B.805, 689B.030 to 689B.0317, inclusive, and section 4 of this act, paragraphs (b) and (c) of subsection 1 of NRS 689B.0319, subsections 2, 4, 6 and 7 of NRS 689B.0319, 689B.033 to 689B.0369, inclusive, 689B.0375 to 689B.050, inclusive, 689B.0675, 689B.265, 689B.287 and 689B.500 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
3. In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health
κ2025 Statutes of Nevada, Page 2881 (CHAPTER 448, SB 344)κ
insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.
4. If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:
(a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and
(b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.
5. A contract that is entered into pursuant to subsection 3:
(a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.
(b) Does not become effective unless approved by the Commissioner.
(c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.
6. As used in this section, legal services organization means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.
Sec. 15. NRS 287.04335 is hereby amended to read as follows:
287.04335 If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 439.581 to 439.597, inclusive, 686A.135, 687B.352, 687B.409, 687B.692, 687B.723, 687B.725, 687B.805, 689B.0353, 689B.255, 695C.1723, 695G.150, 695G.155, 695G.160, 695G.162, 695G.1635, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.1675, 695G.170 to 695G.1712, inclusive, 695G.1714 to 695G.174, inclusive, and section 12 of this act, 695G.176, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, 695G.405 and 695G.415, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.
Sec. 16. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. To the extent that federal financial participation is available, the Director shall include under Medicaid coverage for noninvasive prenatal screening at any time during pregnancy.
2. Medicaid must not require a recipient of Medicaid to obtain prior authorization for the benefits described in subsection 1.
3. The Department shall:
(a) Apply to the Secretary of Health and Human Services for any waiver of federal law or apply for any amendment of the State Plan for Medicaid that is necessary for the Department to receive federal funding to provide the coverage described in subsection 1.
(b) Fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to paragraph (a).
κ2025 Statutes of Nevada, Page 2882 (CHAPTER 448, SB 344)κ
4. As used in this section, noninvasive prenatal screening means drawing blood from a person who is pregnant to perform laboratory analysis on the deoxyribonucleic acid circulating in the maternal blood stream for the purpose of detecting chromosomal abnormalities in the fetus.
Sec. 16.5. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services for costs associated with Medicaid coverage of noninvasive prenatal screening required by section 16 of this act the following sums:
For the Fiscal Year 2025-2026.................................................... $160,069
For the Fiscal Year 2026-2027.................................................... $325,848
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.
Sec. 17. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 18. 1. This section becomes effective upon passage and approval.
2. Section 16.5 of this act becomes effective on July 1, 2025.
3. Sections 1 to 16, inclusive, and 17 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
________
κ2025 Statutes of Nevada, Page 2883κ
Senate Bill No. 358Senator Taylor
CHAPTER 449
[Approved: June 9, 2025]
AN ACT relating to governmental entities; requiring certain units of government of this State to accept certain forms of payment; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill: (1) requires, with certain exceptions, each officer, agency, branch, board, commission, department, division, bureau, district, city, county or other political subdivision or unit of government of this State to accept from a business entity as payment for any fee, tax or other debt, payment by debit card, credit card, check or electronic transfer of money; and (2) authorizes such a governmental agency, at its discretion, to accept payment by other methods, including, without limitation, cash or money order.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 237 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, each governmental agency shall accept from a business entity as payment for any fee, tax or other debt to the governmental agency payment by debit card, credit card, check or electronic transfer of money.
2. In addition to the methods of payment which a governmental agency is required by subsection 1 to accept from a business entity as payment for any fee, tax or other debt to the governmental agency, a governmental agency may, at its discretion, accept payment by other methods, including, without limitation, cash or money order.
3. The provisions of subsection 1 do not apply to payments made:
(a) Pursuant to NRS 353.1467;
(b) To the Department of Taxation pursuant to paragraph (b) of subsection 1 of NRS 360A.040;
(c) To the Cannabis Compliance Board;
(d) To the Division of Insurance of the Department of Business and Industry; or
(e) To any court of the Judicial Department of State Government.
4. As used in this section:
(a) Electronic transfer of money has the meaning ascribed to it in NRS 353.1467.
(b) Governmental agency means an officer, agency, branch, board, commission, department, division, bureau, district, city, county or any other political subdivision or unit of government of this State.
________
κ2025 Statutes of Nevada, Page 2884κ
Senate Bill No. 400Senators Dondero Loop; Doρate, Ohrenschall, Pazina and Taylor
CHAPTER 450
[Approved: June 9, 2025]
AN ACT relating to education; revising provisions governing the services which a school district is required to provide to a child with a disability who transfers from a different school district; revising provisions governing the qualifications of music teachers and art teachers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The federal Individuals with Disabilities Education Act requires each state educational agency, other state agency or local educational agency to conduct an initial evaluation of a child before determining whether the child requires special education services. (20 U.S.C. § 1414(a)) The Act additionally requires each state educational agency, other state agency or local educational agency to, at the beginning of each school year, have an individualized education program in effect for each child with a disability. (20 U.S.C. § 1414(d)(2)(A)) Furthermore, the Act provides that, if a child with a disability who has an individualized education program transfers to a new school district during the academic year, the local educational agency to which he or she transfers is required to provide services comparable to those in the individualized education program from the previous school district, in consultation with the parent or legal guardian of the child, until: (1) if the new school district is in the same state, the local educational agency adopts the individualized education program from the previous school district or develops, adopts and implements a new individualized education program; or (2) if the new school district is in a different state, the local educational agency conducts an evaluation of the pupil, if determined to be necessary, and develops a new individualized education program, if appropriate. (20 U.S.C. § 1414(d)(2)(C)(i))
Existing law in this State requires an examination of a child to be conducted before any child is placed in a special program for pupils with disabilities, except that a child who transfers schools due to the military transfer of a parent or legal guardian must initially be provided the services the child received under the individualized education program from the previous school. (NRS 388.433) Section 1 of this bill adopts provisions similar to the provisions of the Act with respect to the transfer of a child to a new school. If a child with a disability transfers from a school inside or outside this State, section 1 requires the child to initially be provided, in consultation with the childs parent or guardian, services that are comparable to the services the child received at his or her previous school under his or her current individualized education program. If the child transferred from a school inside this State, section 1 requires the child to receive these services until the current individualized education program is adopted or another individual education plan is developed, adopted and implemented. If the child transferred from a school outside this State, section 1 requires the child to receive such services until an examination is conducted, if determined to be necessary, and a new individualized education program is developed, if appropriate.
κ2025 Statutes of Nevada, Page 2885 (CHAPTER 450, SB 400)κ
Existing law creates the Commission on Professional Standards in Education and requires the Commission to adopt regulations that: (1) with certain exceptions, require teachers to obtain from the Department of Education an endorsement in a field of specialization to be eligible to teach in that field; and (2) set forth the educational requirements a teacher must satisfy to qualify for an endorsement in a field of specialization. (NRS 391.011, 391.019) Existing law authorizes a person who holds a license to teach middle school, junior high school or secondary school to teach only in his or her major or minor field of preparation, unless the Commission provides an exception. (NRS 391.031) Existing law and regulations provide that a person who is licensed to teach elementary school is authorized to teach all subjects in elementary grades and, thus, existing law and regulations do not specifically limit a person who is licensed to teach elementary school to teach only in his or her major or minor field of preparation. (NRS 391.031; NAC 391.090)
Section 2 of this bill requires the Commission to adopt regulations establishing the requirements for a teacher, administrator or other educational personnel to obtain an endorsement to teach music or art, which must include a requirement to pass a competency test in the subject matter of music or art, as applicable. Section 2 also requires the Commission to adopt regulations that require a teacher to obtain an endorsement from the Department of Education to teach music or art to be eligible to teach music or art, as applicable, at an elementary school, middle school, junior high school or secondary school, except for a teacher at an elementary school: (1) located in a school district in which fewer than 200,000 pupils are enrolled (currently all school districts other than the Clark County School District); or (2) in which fewer than 500 pupils are enrolled. This requirement is subject to the existing, generally applicable exemption from the requirement for a teacher to hold an endorsement in a field of specialization to teach in that subject area if a shortage of teachers exists in that subject area and the board of trustees of a school district obtains authorization from the Superintendent of Public Instruction to temporarily employ licensed teachers who do not hold such an endorsement. (NRS 391.125)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.433 is hereby amended to read as follows:
388.433 1. [Before] Except as otherwise provided in subsection 4, before any child is placed in a special program for pupils with disabilities:
(a) A consultation must be held with the childs parents or guardian.
(b) An examination must be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns. The examination must be conducted in accordance with standards prescribed by the State Board.
2. A psychiatrist may be consulted in any specific case when the board of trustees of a school district deems it necessary.
3. The board of trustees of a school district or the governing body of a charter school shall not place a child or authorize the placement of a child in a program for pupils with disabilities solely because the child is a disciplinary problem in school.
4. [Pursuant to the provisions of NRS 388F.010, a] A child with a disability who transfers to a school in this State from a school inside or outside this State [because of the military transfer of the parent or legal guardian of the child] must initially be provided , in consultation with the childs parent or guardian, services that are comparable to the services the child received at his or her previous school under his or her current individualized education program until [the placement of the child is determined pursuant to this section.]
κ2025 Statutes of Nevada, Page 2886 (CHAPTER 450, SB 400)κ
child received at his or her previous school under his or her current individualized education program until [the placement of the child is determined pursuant to this section.] :
(a) If the child transferred from a school inside this State, the current individualized education program is adopted or another individualized education plan is developed, adopted and implemented.
(b) If the child transferred from a school outside this State, an examination is conducted pursuant to this section, if determined to be necessary, and a new individualized education program is developed, if appropriate.
Secs. 1.3 and 1.7. (Deleted by amendment.)
Sec. 2. NRS 391.019 is hereby amended to read as follows:
391.019 1. Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations:
(a) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of those licenses. The regulations:
(1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:
(I) Establish the requirements for approval as a qualified provider;
(II) Require a qualified provider to be selective in its acceptance of students;
(III) Require a qualified provider to provide in-person or virtual supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;
(IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;
(V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;
(VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and
(VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.
(2) Must require an applicant for a license to teach middle school or junior high school education or secondary education to demonstrate proficiency in a field of specialization or area of concentration by successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.
κ2025 Statutes of Nevada, Page 2887 (CHAPTER 450, SB 400)κ
successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.
(3) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.
(b) Identifying fields of specialization in teaching which require the specialized training of teachers.
(c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.
(d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.
(e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting.
(f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting if they:
(1) Provide instruction or other educational services; and
(2) Concurrently engage in the practice of sign language interpreting, as defined in NRS 656A.060.
(g) Prescribing course work on parental involvement and family engagement. The Commission shall:
(1) Work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.
(2) Establish standards for professional development training which may be used to satisfy any course work requirement prescribed pursuant to this paragraph.
(h) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in cultural competency.
(i) Authorizing the Superintendent of Public Instruction to issue a license by endorsement to an applicant who holds an equivalent license or authorization issued by a governmental entity in another country if the Superintendent determines that the qualifications for the equivalent license or authorization are substantially similar to those prescribed pursuant to paragraph (a).
(j) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in teaching courses relating to financial literacy.
(k) Authorizing a person who is employed as a paraprofessional and enrolled in a program to become a teacher to complete an accelerated program of student teaching in the same or a substantially similar area in which the person is employed as a paraprofessional while remaining employed as a paraprofessional.
κ2025 Statutes of Nevada, Page 2888 (CHAPTER 450, SB 400)κ
(l) Requiring the Department to accept a program of student teaching or other teaching experience completed in another state or foreign country by an applicant for a license if the Department determines that the program or experience substantially fulfills the standards of a program of student teaching in this State.
(m) Authorizing a person who is employed by a public school to provide support or other services relating to school psychology, if the person does not hold a license or endorsement as a school psychologist but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete a program of internship in school psychology while remaining employed in such a position.
(n) To carry out the provisions of NRS 391B.010.
(o) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel to teach music or art, which must include, in addition to any coursework requirement, a requirement to successfully complete a competency test in the subject matter of music or art, as applicable, that has been approved by the Commission, at the level of competence specified by the Commission.
(p) Except as otherwise provided in NRS 391.125, requiring a teacher to obtain from the Department an endorsement to teach music or art to be eligible to teach music or art, as applicable, at an elementary school, middle school, junior high school or secondary school, except that the Commission shall not require a teacher to obtain an endorsement to teach music or art to be eligible to teach music or art at an elementary school:
(1) Located in a school district in which fewer than 200,000 pupils are enrolled; or
(2) In which fewer than 500 pupils are enrolled.
2. Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.
3. Any regulation which increases the amount of education, training or experience required for licensing:
(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.
(b) Must not become effective until at least 1 year after the date it is adopted by the Commission.
(c) Is not applicable to a license in effect on the date the regulation becomes effective.
Sec. 2.5. (Deleted by amendment.)
Sec. 3. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective on July 1, 2025.
3. Section 2 of this act becomes effective on July 1, 2026.
________
κ2025 Statutes of Nevada, Page 2889κ
Senate Bill No. 417Committee on Growth and Infrastructure
CHAPTER 451
[Approved: June 9, 2025]
AN ACT relating to public utilities; requiring the Public Utilities Commission of Nevada to adopt regulations governing the filing of an application for the establishment of an alternative rate-making plan by a natural gas utility; setting forth certain requirements for the submission and approval of such an alternative rate-making plan; revising certain provisions relating to the application and approval for an alternative rate-making plan by an electric utility; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain procedures for a public utility to make changes to a general rate schedule by applying to Public Utilities Commission of Nevada. (NRS 704.100, 704.110) Section 11 of this bill requires the Commission to adopt regulations establishing procedures for a natural gas utility to apply to the Commission for the approval of an alternative rate-making plan, which establishes the alternative rate-making mechanisms that the natural gas utility is authorized to use to set rates during the time period of the plan. The regulations adopted by the Commission must: (1) establish the alternative rate-making mechanisms that may be included in a plan and any limitations on such alternative rate-making mechanisms; (2) prescribe the information that must be included in an alternative rate-making plan and an application for the approval of such a plan; (3) specify the circumstances under which a natural gas utility for which an alternative rate-making plan has been approved must file a general rate application; (4) provide a process to educate customers of a natural gas utility regarding alternative rate-making mechanisms; (5) require a natural gas utility for which an alternative rate-making plan has been approved to keep certain records; and (6) establish criteria for the evaluation of an alternative rate-making plan. Additionally, section 11 requires that, if a natural gas utility files an application for an alternative rate-making plan that includes formula rates or a multi-year rate plan, the alternative rate-making plan must include: (1) an earnings-sharing mechanism; and (2) certain information and calculations relating to changes in risk to the natural gas utility.
Section 12 of this bill authorizes a natural gas utility to submit an application to establish an alternative rate-making plan pursuant to the regulations adopted by the Commission, establishes time limits for the Commission to approve or deny such an application and requires the Commission to conduct a consumer session in each major geographic area in which the natural gas utility provides services before taking action on such an application. Section 12 requires an application for the approval of an alternative rate-making plan to include a plan to educate the customers of the natural gas utility regarding the alternative rate-making mechanisms in the plan proposed by the utility. Section 12 prohibits the Commission from approving an alternative rate-making plan unless the Commission determines that the plan meets certain requirements. Section 12 also authorizes an alternative rate-making plan to include certain provisions, including, without limitation, a mechanism for earnings-sharing with the customers of the utility. Additionally, section 12 authorizes a natural gas utility to reject an application for an alternative rate-making plan with modifications approved by the Commission. Finally, section 12 authorizes the Commission to investigate and change rates, tolls, charges, rules, regulations, practices and services relating to an alternative rate-making plan under certain circumstances. Section 13 of this bill provides that the provisions of this bill do not limit the existing rate-making authority of the Commission.
κ2025 Statutes of Nevada, Page 2890 (CHAPTER 451, SB 417)κ
Sections 3-10 of this bill define certain terms relating to alternative rate-making plans.
Sections 14 and 15 of this bill create exceptions from the procedure set forth in existing law to change a general rate schedule to authorize a natural gas utility to file an application to establish an alternative rate-making plan pursuant to section 12.
Existing law requires the Commission to adopt regulations to establish procedures for an electric utility to apply to the Commission for the approval of an alternative rate-making plan. (NRS 704.762) Section 16 of this bill requires that, if an electric utility files an application for an alternative rate-making plan that includes formula rates or a multi-year rate plan, the alternative rate-making plan must include: (1) an earnings-sharing mechanism; and (2) certain information and calculations relating to changes in risk to the electric utility.
Existing law authorizes an electric utility to apply to the Commission to establish an alternative rate-making plan and sets forth certain requirements relating to the approval of the plan by the Commission. (NRS 704.7621) Section 17 of this bill requires that, if the Commission approves an application for an alternative rate-making plan that authorizes the recovery of the costs of a capital expenditure: (1) the electric utility must prove the capital expenditure was prudent; and (2) if the Commission determines that the electric utility did not prove the capital expenditure was prudent, the Commission shall require the electric utility to refund the costs of the capital expenditure charged to the customers of the electric utility.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Alternative rate-making mechanism means a rate-making mechanism in an alternative rate-making plan and includes, without limitation, performance-based rates, formula rates, multi-year rate plans, an earnings-sharing mechanism, decoupling mechanism or any other rate-making mechanism authorized by the Commission by regulation.
Sec. 4. Alternative rate-making plan means a plan that would implement one or more alternative rate-making mechanisms to be used in addition to or in place of the rate-making process established by NRS 704.110.
Sec. 5. Decoupling mechanism means a mechanism that disassociates a natural gas utilitys financial performance and results from the sales of natural gas by the natural gas utility.
Sec. 6. Earnings-sharing mechanism means a mechanism designed by the Commission that requires a natural gas utility to share earnings with its customers.
Sec. 7. Formula rates means rates that are periodically adjusted based on a predetermined formula approved by the Commission without the need for a natural gas utility to file a general rate application pursuant to NRS 704.110.
κ2025 Statutes of Nevada, Page 2891 (CHAPTER 451, SB 417)κ
Sec. 8. Multi-year rate plan means a rate mechanism under which the Commission sets rates and revenue requirements for a multi-year plan period of more than 36 months, including, without limitation, a plan which authorizes periodic changes in rates, including, without limitation, adjustments to account for inflation or capital investments, without a general rate application.
Sec. 9. Natural gas utility means a public utility which purchases natural gas for resale.
Sec. 10. Performance-based rates means rates that are set or adjusted based on the performance of a natural gas utility, as determined by such performance metrics as the Commission may establish.
Sec. 11. 1. The Commission shall adopt regulations to establish procedures for a natural gas utility to apply to the Commission for the approval of an alternative rate-making plan. The regulations must:
(a) Establish the alternative rate-making mechanisms that may be included in such a plan and any limitations on such alternative rate-making mechanisms as the Commission deems appropriate, including, without limitation, any restrictions on the types of alternative rate-making mechanisms that may be used in concert within the same alternative rate-making plan.
(b) Prescribe the information that must be included in an alternative rate-making plan and an application submitted in accordance with the regulations adopted pursuant to this section.
(c) Specify the circumstances under which a natural gas utility for which the Commission has approved an alternative rate-making plan is required to file a general rate application pursuant to NRS 704.110, including, without limitation, if the alternative rate-making plan ceases to meet the criteria established by the Commission pursuant to paragraph (g) or after any period of time established by regulation of the Commission.
(d) Provide a process to educate customers of a natural gas utility regarding the available alternative rate-making mechanisms that may be included in an alternative rate-making plan.
(e) Establish requirements for a natural gas utility for which the Commission has approved an alternative rate-making plan to keep or cause to be kept any information and records which the natural gas utility would have been required to submit to the Commission as part of an application filed pursuant to NRS 704.110 or 704.185, if the filing of any such application is delayed or excused pursuant to the alternative rate-making plan.
(f) If the Commission determines that it is practicable, require a natural gas utility to include in its application for the approval of an alternative rate-making plan:
(1) One or more cost-of-service studies; and
(2) An analysis estimating and comparing:
(I) The rates that would be charged and the revenue that would be collected under the alternative rate-making plan proposed in the application; and
(II) The rates that would be charged and the revenue that would be collected pursuant to the rate-making process established by NRS 704.110.
κ2025 Statutes of Nevada, Page 2892 (CHAPTER 451, SB 417)κ
(g) Establish the criteria for the evaluation of an alternative rate-making plan for a natural gas utility which may include, without limitation, whether the plan:
(1) Provides for just and reasonable rates that are comparable to rates established pursuant to NRS 704.110;
(2) Ensures that customers of a natural gas utility benefit from lower regulatory administrative costs where appropriate;
(3) Aligns an economically viable utility model with state public policy goals;
(4) Enables the delivery of natural gas service and options for service and pricing that customers of a natural gas utility value, including, without limitation, the development and use of low carbon fuels by customers that prioritize such an option over other factors, including price;
(5) Fosters statewide improvements to the economic and operational efficiency of the natural gas infrastructure system;
(6) Furthers the public interest, including, without limitation, the promotion of safe, economic, efficient and reliable service to all customers of the natural gas utility;
(7) Enhances the resilience and security of the natural gas infrastructure system while addressing concerns relating to customer privacy;
(8) Facilitates the research and development of innovative natural gas services and options to benefit customers; and
(9) Balances the interests of customers and shareholders by providing services customers want while preserving reasonable shareholder value.
2. In addition to any requirement adopted by regulation of the Commission pursuant to subsection 1, if a natural gas utility files an application for an alternative rate-making plan that includes formula rates or a multi-year rate plan, the alternative rate-making plan must include, without limitation:
(a) An earnings-sharing mechanism; and
(b) A discussion identifying any changes in risk to the natural gas utility and a calculation to adjust the rate of return of the natural gas utility based on the changes in risk to the natural gas utility, which must demonstrate the impact of the changes on the rates charged to customers of the natural gas utility.
3. The Commission is not required to accept applications to establish an alternative rate-making plan if the Commission determines, after a reasonable investigation, that the use of an alternative rate-making plan is not consistent with the criteria established by the Commission pursuant to paragraph (g) of subsection 1.
Sec. 12. 1. Except as otherwise provided in subsection 3 of section 11 of this act and in accordance with the regulations adopted by the Commission pursuant to section 11 of this act, not earlier than the date on which the Commission first adopts regulations pursuant to section 11 of this act, a natural gas utility may apply to the Commission to establish an alternative rate-making plan which sets forth the alternative rate-making mechanisms to be used to establish rates during the time period covered by the plan.
κ2025 Statutes of Nevada, Page 2893 (CHAPTER 451, SB 417)κ
2. A natural gas utility may file an application pursuant to subsection 1:
(a) At the same time the natural gas utility files a general rate application pursuant to NRS 704.110; or
(b) Not later than 6 months after the date on which the Commission issues an order approving a general rate application filed by the natural gas utility pursuant to NRS 704.110.
3. The Commission shall approve, with or without modifications, or deny an application submitted pursuant to subsection 1 not later than 210 days after the Commission receives a copy of the application unless the Commission, upon good cause, extends by not more than 90 days the time to act upon the application. If the Commission fails to act upon an application within the time provided by this subsection, the application shall be deemed to be denied.
4. The Commission shall conduct a consumer session pursuant to NRS 704.069 in each major geographic area in which the natural gas utility provides services to solicit comments from the public before taking action on an application submitted pursuant to subsection 1.
5. The Commission shall not approve an application submitted pursuant to subsection 1 unless the Commission determines that the plan:
(a) Is in the public interest;
(b) Results in just and reasonable rates, as determined by the Commission;
(c) Protects the interests of the customers of the natural gas utility;
(d) Satisfies the criteria established by the Commission pursuant to paragraph (g) of subsection 1 of section 11 of this act;
(e) Specifies the time period to which the plan applies; and
(f) Includes a plan for educating the customers of the natural gas utility regarding the alternative rate-making mechanisms included in the plan.
6. An alternative rate-making plan may include, without limitation:
(a) An earnings-sharing mechanism that balances the interests of customers that purchase natural gas for consumption in this State and the shareholders of the natural gas utility; and
(b) Any other term or condition proposed by a natural gas utility or any party participating in the proceeding or that the Commission finds is reasonable and serves the public interest.
7. If the Commission approves an application for an alternative rate-making plan that authorizes the recovery of the costs of a capital expenditure:
(a) The natural gas utility must prove that the capital expenditure was prudent at the time the natural gas utility files a general rate application pursuant to NRS 704.110 or at any time established by regulation of the Commission; and
(b) If the Commission determines during a general rate case proceeding conducted pursuant to NRS 704.110 that the natural gas utility did not prove that the capital expenditure was prudent, the Commission shall require the natural gas utility to refund the customers of the natural gas utility the amount previously recovered through charges to customers of the natural gas utility for the costs of the capital expenditure.
κ2025 Statutes of Nevada, Page 2894 (CHAPTER 451, SB 417)κ
8. If the Commission approves an application for an alternative rate-making plan with modifications pursuant to subsection 3, the natural gas utility may accept or reject the modified alternative rate-making plan by filing a notice with the Commission not later than 30 days after the date on which the Commission issues an order approving the application. If a natural gas utility files a notice to reject the modified alternative rate-making plan, the alternative rate-making plan shall be deemed withdrawn and:
(a) If a general rate application was filed at the same time as the application for the alternative rate-making plan and the general rate application or any portion thereof was approved, the rates approved in the general rate application shall be deemed in effect. To the extent that a portion of a general rate application is approved, the rates that were in effect before the portion of the general rate application was approved by the Commission remain in effect for any portion of the general rate application not approved by the Commission until changed or modified by the Commission.
(b) If a general rate application was not filed at the same time as the application for the alternative rate-making plan, the rates that were in effect before the modified alternative rate-making plan was approved remain in effect until changed or modified by the Commission.
9. The Commission may at any time, upon its own motion or after receiving a complaint from any customer, the Consumers Advocate or the Regulatory Operations Staff of the Commission, investigate any of the rates, tolls, charges, rules, regulations, practices and services relating to the alternative rate-making plan, and, after a full hearing as provided in NRS 704.120, by order, make such changes as may be just and reasonable to the same extent as authorized by NRS 704.120.
Sec. 13. The provisions of sections 2 to 12, inclusive, of this act must not be construed to limit the existing rate-making authority of the Commission.
Sec. 14. NRS 704.100 is hereby amended to read as follows:
704.100 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 [:] or section 12 of this act:
(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 utilitys 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.
κ2025 Statutes of Nevada, Page 2895 (CHAPTER 451, SB 417)κ
(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.
Κ 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 signatorys 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 applicants 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 signatorys 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.
Κ 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.
κ2025 Statutes of Nevada, Page 2896 (CHAPTER 451, SB 417)κ
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.
2. 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.
3. As used in this section, electric utility has the meaning ascribed to it in NRS 704.187.
Sec. 15. NRS 704.110 is hereby amended to read as follows:
704.110 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 [:] or section 12 of this act:
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 Consumers 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.
κ2025 Statutes of Nevada, Page 2897 (CHAPTER 451, SB 417)κ
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 utilitys 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.
κ2025 Statutes of Nevada, Page 2898 (CHAPTER 451, SB 417)κ
(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.
Κ 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.
4. 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.
5. 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.
κ2025 Statutes of Nevada, Page 2899 (CHAPTER 451, SB 417)κ
6. 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.
7. 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.
8. 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 utilitys 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 utilitys deferred account varies by less than 5 percent from the public utilitys 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.
9. 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 customers regular monthly bill or by electronic transmission pursuant to NRS 704.188.
κ2025 Statutes of Nevada, Page 2900 (CHAPTER 451, SB 417)κ
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 customers 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 utilitys 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.
10. An electric utility shall adjust its rates on a quarterly basis based on changes in the electric utilitys 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.
κ2025 Statutes of Nevada, Page 2901 (CHAPTER 451, SB 417)κ
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 utilitys deferred account varies by less than 5 percent from the electric utilitys 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.
11. 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 customers 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 customers 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 utilitys 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.
κ2025 Statutes of Nevada, Page 2902 (CHAPTER 451, SB 417)κ
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.
12. 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.
13. 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.
14. 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
κ2025 Statutes of Nevada, Page 2903 (CHAPTER 451, SB 417)κ
(b) Authorize a utility to implement a reduced rate for low-income residential customers.
15. 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.
16. 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.
17. 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.
Sec. 16. NRS 704.762 is hereby amended to read as follows:
704.762 1. The Commission shall adopt regulations to establish procedures for an electric utility to apply to the Commission for the approval of an alternative rate-making plan. The regulations must:
(a) Establish the alternative rate-making mechanisms that may be included in such a plan and any limitations on such alternative rate-making mechanisms as the Commission deems appropriate, including, without limitation, any restrictions on the types of alternative rate-making mechanisms that may be used in concert within the same alternative rate-making plan.
(b) Provide the information that must be included in an alternative rate-making plan and an application submitted pursuant to the regulations adopted pursuant to this section.
κ2025 Statutes of Nevada, Page 2904 (CHAPTER 451, SB 417)κ
(c) Specify the circumstances under which an electric utility for which the Commission has approved an alternative rate-making plan is required to file a general rate application pursuant to NRS 704.110 including, without limitation, if the alternative rate-making plan ceases to meet the criteria established by the Commission pursuant to paragraph (g).
(d) Provide a process to educate customers of an electric utility regarding the available alternative rate-making mechanisms that may be included in an alternative rate-making plan.
(e) Establish requirements for an electric utility for which the Commission has approved an alternative rate-making plan to keep or cause to be kept any information and records which the utility would have been required to submit to the Commission as part of an application pursuant to NRS 704.110 or 704.187, if the filing of any such application is delayed or excused pursuant to the alternative rate-making plan.
(f) If the Commission determines that it is practicable, require an electric utility to include in its application for the approval of an alternative rate-making plan:
(1) One or more cost of service studies.
(2) An analysis estimating and comparing:
(I) The rates that would be charged and the revenue that would be collected under the alternative rate-making plan proposed in the application; and
(II) The rates that would be charged and the revenue that would be collected pursuant to the rate-making process established by NRS 704.110.
(g) Establish criteria for the evaluation of an alternative rate-making plan which may include, without limitation, whether the plan:
(1) Aligns an economically viable utility model with state public policy goals.
(2) Provides for just and reasonable rates that are comparable to rates established pursuant to NRS 704.110.
(3) Enables the delivery of electric service and options for services and pricing that customers value including, without limitation, the development and the use of renewable resources by customers that prioritize such resources above other factors, including price.
(4) Fosters statewide improvements to the economic and operational efficiency of the electrical grid.
(5) Furthers the public interest including, without limitation, the promotion of safe, economic, efficient and reliable electric service to all customers of the electric utility.
(6) Enhances the resilience and security of the electrical grid while addressing concerns regarding customer privacy.
(7) Ensures that customers of an electric utility benefit from lower regulatory administrative costs where appropriate.
(8) Facilitates the research and development of innovative electric utility services and options to benefit customers.
(9) Balances the interests of customers and shareholders by providing for services that customers want while preserving reasonable shareholder value.
κ2025 Statutes of Nevada, Page 2905 (CHAPTER 451, SB 417)κ
2. In addition to any requirement adopted by regulation of the Commission pursuant to subsection 1, if an electric utility files an application for an alternative rate-making plan that includes formula rates or a multi-year rate plan, the alternative rate-making plan must include, without limitation:
(a) An earnings-sharing mechanism; and
(b) A discussion identifying any changes in risk to the electric utility and a calculation to adjust the rate of return of the electric utility based on the changes in risk to the electric utility, which must demonstrate the impact of the changes on the rates charged to customers of the electric utility.
3. The Commission is not required to accept applications to establish an alternative rate-making plan if the Commission determines, after a reasonable investigation, that the use of an alternative rate-making plan is not consistent with the criteria established by the Commission pursuant to paragraph (g) of subsection 1.
Sec. 17. NRS 704.7621 is hereby amended to read as follows:
704.7621 1. Except as otherwise provided in subsection [2] 3 of NRS 704.762, and in accordance with the regulations adopted by the Commission pursuant to NRS 704.762:
(a) Not sooner than the first Monday in January 2020, an electric utility that primarily serves less densely populated counties may apply to the Commission to establish an alternative rate-making plan which sets forth the alternative rate-making mechanisms to be used to establish rates during the time period covered by the plan.
(b) Not sooner than the first Monday in January 2021, an electric utility that primarily serves densely populated counties may apply to the Commission to establish an alternative rate-making plan which sets forth the alternative rate-making mechanisms to be used to establish rates during the time period covered by the plan.
2. The Commission shall approve, with or without modifications, or deny an application submitted pursuant to subsection 1 not later than 210 days after the Commission receives a copy of the application unless the Commission, upon good cause, extends by not more than 90 days the time to act upon the application. If the Commission fails to act upon an application within the time provided by this subsection, the application shall be deemed to be denied.
3. The Commission shall conduct at least one consumer session pursuant to NRS 704.069 to solicit comments from the public before taking action on an application submitted pursuant to subsection 1.
4. The Commission shall not approve an application submitted pursuant to subsection 1 unless the Commission determines that the plan:
(a) Is in the public interest;
(b) Results in just and reasonable rates, as determined by the Commission;
(c) Protects the interests of the customers of the electric utility;
(d) Satisfies the criteria established by the Commission pursuant to paragraph (g) of subsection 1 of NRS 704.762;
(e) Specifies the time period to which the plan applies; and
(f) Includes a plan for educating the customers of the electric utility regarding the alternative rate-making mechanisms included in the plan.
κ2025 Statutes of Nevada, Page 2906 (CHAPTER 451, SB 417)κ
5. An alternative rate-making plan may include, without limitation:
(a) An earnings-sharing mechanism that balances the interests of customers that purchase electricity for consumption in this State and the shareholders of the electric utility.
(b) A term or condition waiving the requirement that the electric utility file a general rate application every 36 months pursuant to subsection 3 of NRS 704.110 or extending beyond 36 months the time between required general rate application filings.
(c) Any other term or condition proposed by an electric utility or any party participating in the proceeding or that the Commission finds is reasonable and serves the public interest.
6. If the Commission approves an application for an alternative rate-making plan that authorizes the recovery of the costs of a capital expenditure:
(a) The electric utility must prove that the capital expenditure was prudent at the time the electric utility files a general rate application pursuant to NRS 704.110 or at any time established by regulation of the Commission; and
(b) If the Commission determines during a general rate case proceeding conducted pursuant to NRS 704.110 that the electric utility did not prove that the capital expenditure was prudent, the Commission shall require the electric utility to refund the customers of the electric utility the amount previously recovered through charges to customers of the electric utility for the costs of the capital expenditure.
7. The Commission may at any time, upon its own motion or after receiving a complaint from any customer, the Consumers Advocate or the Regulatory Operations Staff of the Commission, investigate any of the rates, tolls, charges, rules, regulations, practices and service relating to an alternative rate-making plan, and, after a full hearing as provided in NRS 704.120, by order, make such changes as may be just and reasonable to the same extent as authorized by NRS 704.120.
[7.] 8. As used in this section:
(a) Electric utility that primarily serves densely populated counties has the meaning ascribed to it in NRS 704.110.
(b) Electric utility that primarily serves less densely populated counties has the meaning ascribed to it in NRS 704.110.
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κ2025 Statutes of Nevada, Page 2907κ
Senate Bill No. 426Committee on Natural Resources
CHAPTER 452
[Approved: June 9, 2025]
AN ACT relating to public safety; creating the Lake Tahoe Basin Scenic Byway Corridor Recreation Safety Zone; authorizing certain entities to establish certain parking restrictions and prohibitions and enter into agreements with other governmental entities to provide parking enforcement and collect parking fees within the Safety Zone; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the Tahoe Regional Planning Compact, an interstate agreement between the States of California and Nevada pursuant to which the bistate Tahoe Regional Planning Agency regulates environmental and land-use matters within the Lake Tahoe Basin. (NRS 277.190-277.220) The Tahoe Regional Planning Compact provides for the creation of the Tahoe transportation district as a special purpose district managed by a board of directors which develops and implements transportation plans and programs for the Lake Tahoe Basin.
Existing law also establishes the State Route 159 Safety Speed Zone and authorizes: (1) the Director of the Department of Transportation to set the maximum speed in the Speed Zone; and (2) the Department to ensure that adequate signage and other forms of notice are installed. (NRS 484B.621) Section 1 of this bill creates the Lake Tahoe Basin Scenic Byway Corridor Recreation Safety Zone, consisting of any portion of U.S. Highway 50, Nevada State Route 28, Nevada State Route 431 and Nevada State Route 207 that is located in the Lake Tahoe Region and directly connected to a recreational destination or that has otherwise been designated as a scenic byway. Section 1 authorizes the Department and certain local law enforcement agencies to: (1) establish certain traffic control measures and parking restrictions and prohibitions within the Safety Zone; and (2) enter into an agreement with one or more state agencies, local governments, local governmental agencies in the Region or the Tahoe transportation district to develop public parking, provide parking enforcement and issue parking citations or notices of noncompliance within the Safety Zone. Section 1 further authorizes the Department to: (1) establish and collect fees for public parking on certain land within the Safety Zone; and (2) enter into agreements with certain governmental entities to enforce and collect fees for parking within the Safety Zone. The proceeds of: (1) such fees must be used to manage parking in the Lake Tahoe Region; and (2) any fines imposed for violations of a parking restriction or prohibition, with certain exceptions, must be used for parking enforcement within the Safety Zone.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Lake Tahoe Basin Scenic Byway Corridor Recreation Safety Zone is hereby created in the Lake Tahoe Region, consisting of any portion of U.S. Highway 50, Nevada State Route 28, Nevada State Route 431 and Nevada State Route 207 that is located in the Lake Tahoe Region and directly connected to a recreational destination or that has otherwise been designated as a Scenic Byway.
κ2025 Statutes of Nevada, Page 2908 (CHAPTER 452, SB 426)κ
of U.S. Highway 50, Nevada State Route 28, Nevada State Route 431 and Nevada State Route 207 that is located in the Lake Tahoe Region and directly connected to a recreational destination or that has otherwise been designated as a Scenic Byway.
2. Within the Lake Tahoe Basin Scenic Byway Corridor Recreation Safety Zone, the Department of Transportation and any local law enforcement agency with jurisdiction in the Region may:
(a) Place traffic control devices on any portion of highway in the Safety Zone and implement measures of traffic calming;
(b) Prohibit or restrict parking on the shoulder of any highway in the Safety Zone; and
(c) Prohibit or restrict a person from stopping, leaving standing or parking a vehicle anywhere the Department of Transportation or the local law enforcement agency determines such activities are dangerous to other persons operating a vehicle on a highway in the Safety Zone or would duly interfere with the free movement of traffic on such highway.
Κ A person shall not stop, park or leave standing any vehicle in violation of a traffic control device, prohibition or restriction established pursuant to this subsection.
3. In addition to the provisions of subsection 2:
(a) The Department of Transportation may, on any land owned or held by the Department of Transportation:
(1) Establish and collect fees for public parking; and
(2) Enter into an agreement with one or more state agencies, local governments, local governmental agencies or the Tahoe transportation district, as applicable, to enforce and collect any fee established pursuant to this paragraph for public parking; and
(b) The Department of Transportation or a law enforcement agency may enter into agreements with one or more state agencies, local governments with jurisdiction in the Region, local governmental agencies or the Tahoe transportation district relating to parking in the Safety Zone, including, without limitation:
(1) The development of public parking in any right-of-way or land owned by the State and pedestrian pathways for residents and visitors who use such public parking to move from the public parking to a recreational destination; and
(2) The enforcement of parking restrictions and prohibitions established pursuant to subsection 2.
4. Any agreement entered into pursuant to subsection 3:
(a) Except as otherwise provided in paragraph (b), may authorize the state agency, local government, local governmental agency or the Tahoe transportation district to appoint employees, who must be directly employed by the state agency, local government, local governmental agency or Tahoe transportation district, as applicable, to issue citations or notices of noncompliance, manually or electronically, for a violation of any parking restriction or prohibition established pursuant to subsection 2 or a requirement to pay a fee established pursuant to subsection 3. A citation or notice of noncompliance authorized by this paragraph and issued pursuant to the agreement has the same force and effect as a citation or notice issued by a peace officer. The employee must file the original or a copy of the citation or notice of compliance in the manner required pursuant to NRS 484A.680.
κ2025 Statutes of Nevada, Page 2909 (CHAPTER 452, SB 426)κ
(b) Must prohibit the issuance of citations or notices of noncompliance in any area within the Lake Tahoe Basin Scenic Byway Corridor Recreation Safety Zone where there is no access to a recreation destination from the public parking using public transit or pedestrian pathways.
(c) Must require the state agency, local government, local governmental agency or Tahoe transportation district, as applicable, for any employee appointed pursuant to paragraph (a), to:
(1) Establish minimum qualifications;
(2) Provide training to the employee before the employee may issue citations or notices of noncompliance; and
(3) Provide appropriate equipment to the employee, including, without limitation, uniforms or identifying attire and books or electronic devices for issuing citations or notices of noncompliance; and
(d) If the agreement is made with the Tahoe transportation district, must require that any fees or fines collected by the Tahoe transportation district be used in the Lake Tahoe Region to manage parking in the Region.
5. A state agency, local government or local governmental agency that appoints an employee to issue citations or notices of noncompliance pursuant to subsection 4 is not liable for the negligent acts or omissions of such an employee unless:
(a) The employee made a specific promise or representation to a natural person who relied upon the promise or representation to the persons detriment; or
(b) The conduct of the employee affirmatively caused the harm.
Κ The provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.
6. Any fee established by the Department of Transportation pursuant to subsection 3 and collected by the Department of Transportation, a state agency, a local government or a local governmental agency must be used to manage parking in the Lake Tahoe Region, including, without limitation:
(a) The operation and maintenance of public parking and pedestrian pathways;
(b) The enforcement of parking restrictions and prohibitions and fees for public parking;
(c) The installation of adequate signage to support safety and provide information to any person using the public parking; and
(d) The development, operation and maintenance of amenities for any person using the public parking, including, without limitation, restrooms and trash cans.
7. Any fine collected by the Department of Transportation, a law enforcement agency, a state agency, a local government or a local governmental agency pursuant to this section must be used in the Lake Tahoe Region for enforcing parking restrictions and prohibitions in the Safety Zone.
8. As used in this section:
(a) Lake Tahoe Region or Region includes Lake Tahoe and the adjacent parts of Douglas and Washoe Counties and Carson City lying within the Tahoe Basin in the State of Nevada.
κ2025 Statutes of Nevada, Page 2910 (CHAPTER 452, SB 426)κ
(b) Public parking means a parking space or parking facility, including, without limitation, a parking deck, parking garage, parking structure or paved or unpaved parking lot, that members of the public are invited or permitted to enter and use.
(c) Scenic Byway has the meaning ascribed to it in the National Scenic Byways Program, as issued by the United States Federal Highway Administration in 60 Federal Register 26,759 on May 18, 1995.
(d) Tahoe transportation district means the Tahoe transportation district established by Article IX of the Tahoe Regional Planning Compact.
(e) Traffic calming:
(1) Means a combination of measures and techniques intended to:
(I) Reduce vehicular speeds;
(II) Promote safe and pleasant conditions for motorists, bicyclists, pedestrians and residents;
(III) Improve the environment and usability of roadways;
(IV) Improve real and perceived safety for nonmotorized traffic; or
(V) Achieve any combination of the purposes set forth in sub-subparagraphs (I) to (IV), inclusive.
(2) Does not include any combination of measures and techniques that reduces the number of lanes for traveling on any portion of U.S. Highway 50, Nevada State Route 28, Nevada State Route 431 or Nevada State Route 207 that is part of the Lake Tahoe Basin Scenic Byway Corridor Recreation Safety Zone created by subsection 1.
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Senate Bill No. 442Committee on Growth and Infrastructure
CHAPTER 453
[Approved: June 9, 2025]
AN ACT relating to public utilities; requiring the Public Utilities Commission of Nevada to adopt regulations to require a public utility to make available to the public certain reports containing information regarding terminations of utility service to residential customers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Public Utilities Commission of Nevada to adopt or amend certain regulations relating to a public utility terminating the gas, water or electric utilities of a residential customer. (NRS 704.1835) This bill requires the Commission to adopt regulations that require a public utility to make available to the public a quarterly report concerning such terminations of utility services. Specifically, this bill requires that the report include: (1) the total number of monthly terminations of utility services of residential customers during the previous quarter; and (2) aggregated information concerning the residential customers whose utility service was terminated, which must include the zip code of such residences.
κ2025 Statutes of Nevada, Page 2911 (CHAPTER 453, SB 442)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.1835 is hereby amended to read as follows:
704.1835 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 customers 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.
2. 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.
3. The Commission shall adopt regulations that require a public utility, on or before the last day of the first month of each calendar quarter, to make available to the public a report that includes:
(a) The total number of monthly terminations of utility service to the residences of residential customers during the previous quarter; and
(b) Aggregated information concerning the residential customers described in paragraph (a), which must include the zip code of such residences.
4. 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.
[4.] 5. 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.
________
κ2025 Statutes of Nevada, Page 2912κ
Senate Bill No. 452Committee on Finance
CHAPTER 454
[Approved: June 9, 2025]
AN ACT relating to state financial administration; extending the date of reversion of the appropriations made by the 82nd Session of the Nevada Legislature to the Office of Finance in the Office of the Governor for the costs of leases and furniture for state offices and training for state employees; and providing other matters properly relating thereto.
Legislative Counsels Digest:
During the 2023 Legislative Session, the Nevada Legislature appropriated from the State General Fund to the Office of Finance in the Office of the Governor $50,000,000 for the costs of leases and furniture for state offices and $5,000,000 for training for state employees. Existing law requires that the appropriated money revert to the State General Fund on or before September 19, 2025. (Chapter 341, Statutes of Nevada 2023, at page 1954) This bill extends the reversion date for these appropriations to on or before September 17, 2027.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of chapter 341, Statutes of Nevada 2023, at page 1954, is hereby amended to read as follows:
Sec. 3. Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, [2025,] 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [19, 2025,] 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [19, 2025.] 17, 2027.
Sec. 2. This act becomes effective upon passage and approval.
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