Nevada Code § 271.6312

Power of municipality to create district; ownership of improvements or installations within district; inapplicability of certain provisions related to local improvements
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1. The governing body of a municipality,
on behalf of the municipality and in its name, without an election, may by
resolution create a district to finance or refinance one or more qualified
improvement projects:
(a) On qualifying commercial or industrial real
property, which may include any real property other than:
(1) A residential dwelling that contains
fewer than five individual dwelling units; or
(2) Property financed by a
government-guaranteed financing program that prohibits the subordination of the
governments interest in the property or otherwise prohibits a contract under NRS 271.6301 to 271.6325 , inclusive.
(b) That meet one of the following requirements:
(1) For an energy efficiency improvement
project, the project must be determined to meet the definition of an energy
efficiency improvement project set forth in NRS
271.6303 , comply with applicable requirements set forth in the program
guide and be supported by an energy audit conducted by a qualified service
company that includes a written energy analysis of the project.
(2) For a renewable energy project, the
project must meet the definition of a renewable energy project set forth in NRS 271.6308 , as determined by a qualified
service company, and comply with applicable requirements set forth in the
program guide. The determination of the qualified service company must be
supported by a written feasibility study. Except as otherwise provided in this
subparagraph, a renewable energy project must not be used to sell or distribute
renewable energy between tracts. If the structure that is benefitting from the
qualified improvement project is located on more than one contiguous tract, the
renewable energy project may be used to serve the entire structure.
(3) For a resiliency project, the project
must be determined to meet the definition of a resiliency project set forth in NRS 271.6309 by a licensed professional in
the field of the resiliency project that is approved by the municipality
pursuant to NRS 271.6325 and comply
with applicable requirements set forth in the program guide. The determination
of the licensed professional must be contained in a written analysis of the
project.
(4) For a water efficiency improvement
project, the project must be determined to meet the definition of a water
efficiency improvement project set forth in NRS
271.631 by a qualified service company and comply with applicable
requirements set forth in the program guide. The determination of the qualified
service company must be contained in a written analysis of the project.
2. Subject to the provisions of subsection
2 of NRS 271.6315 , a district created
pursuant to subsection 1 may comprise the entire jurisdictional boundaries of
the municipality or any portion or individual tract, thereof.
3. The improvements to or installations
within a district created pursuant to this section must not be owned by a
municipality but shall be the property of the owner of the tract upon which the
improvement or installation is located.
4. The provisions of:
(a) NRS
271.275 to 271.365 , inclusive, and 271.367 to 271.472 , inclusive, do not apply to a
district which is created pursuant to this section.
(b) NRS 271.495 and 271.500 do not apply to any bonds or
interim warrants issued to finance a qualified improvement project within a
district created pursuant to this section.
5. As used in this section:
(a) Energy audit means a formal evaluation of
the energy consumption of a permanent building or any structural improvement to
real property that is consistent with the requirements of ASTM International
Standard E2797, Standard Practice for Building Energy Performance Assessment
for a Building Involved in a Real Estate Transaction, the ASHRAE Level 2 or 3
guidelines for energy audits or any comparable energy assessment guidelines.
(b) Qualified service company has the meaning
ascribed to it in NRS 333A.060 .

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