The Legislature hereby declares that it is the policy of this State to encourage, to the extent practicable, a using agency to: 1. Utilize the process set forth in this chapter to implement any operating cost-savings measure to reduce costs related to energy, water or the disposal of waste; and 2. Continually review whether the […]
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 333A.015 to 333A.070, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2003, 3054; A 2005, 2901)
“Board” means: 1. If the using agency that enters into a performance contract is the Nevada System of Higher Education, the Board of Regents of the University of Nevada; or 2. For any other using agency that enters into a performance contract, the State Board of Examiners. (Added to NRS by 2005, 2895)
“Building” means any structure, building or facility, including any equipment, furnishings or appliances within the structure, building or facility, that is owned or operated by a using agency. The term includes, without limitation, occupied and unoccupied structures, buildings and facilities, and any other improvements owned or operated by a using agency that incur operating costs. […]
“Operating cost savings” means any expenses that are eliminated or avoided on a long-term basis as a result of the installation or modification of equipment, or services performed by a qualified service company. The term does not include any savings that are realized solely because of a shift in the cost of personnel or other […]
“Operating cost-savings measure” means any improvement, repair or alteration to a building, or any equipment, fixture or furnishing to be added or used in a building that is designed to reduce operating costs, including those costs related to electrical energy and demand, thermal energy, water consumption, waste disposal and contract-labor costs, and increase the operating […]
“Performance contract” means a contract between a using agency and a qualified service company for the evaluation, recommendation and implementation of one or more operating cost-savings measures. (Added to NRS by 2003, 3055)
“Qualified service company” means a person with a record of established projects or a person with demonstrated technical, operational, financial and managerial capabilities to design and carry out operating cost-savings measures and other similar building improvements, and who has the ability to secure necessary financial measures to ensure related guarantees for operating cost savings. (Added […]
“Using agency” means all officers, departments, institutions, boards, commissions and other agencies in the Executive Department of the State Government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or […]
1. Notwithstanding any provision of this chapter, chapter 333 and 338 of NRS to the contrary, a using agency may enter into a performance contract with a qualified service company for the purchase and installation of one or more operating cost-savings measures to reduce costs related to energy, water and the disposal of waste, and […]
1. The State Public Works Division of the Department of Administration shall determine those companies that satisfy the requirements of qualified service companies for the purposes of this chapter. In making such a determination, the State Public Works Division of the Department of Administration shall enlist the assistance of the staffs of the Office of […]
1. The Purchasing Division of the Department of Administration shall work directly with any using agency interested in entering into a performance contract, using the list of qualified service companies compiled by the State Public Works Division of the Department of Administration pursuant to NRS 333A.080. The Purchasing Division, in conjunction with the using agency, […]
1. Each comprehensive audit performed pursuant to paragraph (b) of subsection 1 of NRS 333A.082 must include, without limitation: (a) An assessment of any operating cost-savings measure that might be implemented within the building of the using agency, including, without limitation, any operating cost-savings measure specifically requested by the using agency; (b) An estimate of […]
1. A using agency that selects a qualified service company pursuant to NRS 333A.082 shall retain the professional services of a third-party consultant to work on behalf of the using agency in coordination with the qualified service company. 2. A third-party consultant retained pursuant to subsection 1 must be certified by the Association of Energy […]
1. Any financing related to a performance contract must be approved by the Board. 2. A performance contract may be financed through: (a) A person other than the qualified service company. (b) An installment-purchase contract or lease-purchase contract. Such an installment-purchase contract or lease-purchase contract is not subject to: (1) The provisions of NRS 353.500 […]
In connection with any installment-purchase contract or lease-purchase contract entered into to finance a performance contract, the Board may: 1. Grant a security interest in any property that is the subject of the installment-purchase contract or lease-purchase contract and execute an instrument to evidence such a security interest, including, without limitation, a deed of trust, […]
For the period during which an installment-purchase contract or lease-purchase contract that was entered into to finance a performance contract is in effect, the property that is the subject of the installment-purchase contract or lease-purchase contract: 1. Is exempt from ad valorem property taxation by this State and its political subdivisions if: (a) An improvement […]
Any obligations of this State issued in accordance with this chapter may be refunded on behalf of the State by the Board without the necessity of the refunding obligations being authorized by this chapter by the adoption of a resolution by the Board authorizing the issuance of obligations to refund, pay and discharge all or […]
1. Except as otherwise provided in NRS 333A.0906 to 333A.0916, inclusive, the proceeds of refunding obligations issued pursuant to NRS 333A.0906 must be immediately applied to the retirement of the obligations to be refunded or be placed in escrow or trust in any trust bank or trust banks within or without or both within and […]
1. Any escrow or trust into which the proceeds of refunding obligations are placed pursuant to NRS 333A.0908 must not necessarily be limited to proceeds of refunding obligations but may include other money available for its purpose. 2. Any proceeds of refunding obligations placed in escrow or trust, pending such use, may be invested or […]
