1. A county which acquired or which contemplates acquiring a project for the generation and transmission of electricity may sell all or part of its capacity and may charge for the use of its transmitting facilities, and for this purpose may contract with one or more purchasers. The amount sold or charged to any purchaser or any combination thereof must not exceed the amount allowable under the Internal Revenue Code of 1954, as amended, or the United States Treasury Regulations prescribed thereunder so as to result in a change in or loss of the exemption from federal income tax or the exclusion from gross income for the purposes of federal income tax for the interest paid, or to be paid, on any bonds issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project, unless the bonds are issued pursuant to NRS 244A.702.
2. If a county decides to sell capacity of the project after the expiration of all of the initial contracts for such sale, it shall give a first right of refusal to electric utilities which primarily serve retail customers in this state to purchase that capacity. No right of first refusal arises at any time by virtue of this section if and to the extent that, under the Internal Revenue Code and regulations prescribed thereunder as they exist at that time, such a right of first refusal would or could result in a change in or loss of the exemption from federal income tax or the exclusion from gross income for the purposes of federal income tax for the interest paid or to be paid on any bonds issued or to be issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project, unless the bonds are issued pursuant to NRS 244A.702.
3. Any agreement between a county and a purchaser of all or part of the capacity of a project may include a provision that the obligation of the purchaser to make payments:
(a) Exists whether or not:
(1) The project or any part thereof is completed, operating or capable of operation; or
(2) The generation of electricity from the project is stopped or reduced for any reason.
(b) Must not be reduced by offset or otherwise.
(c) Is not conditional upon the performance, by any party to the agreement described in this subsection, of that party’s obligation under any other agreement.
(Added to NRS by 1979, 677; A 1985, 641; 1987, 537)
Structure Nevada Revised Statutes
Chapter 244A - Counties: Financing of Public Improvements
NRS 244A.015 - "Acquisition" and "acquire" defined.
NRS 244A.017 - "Board" defined.
NRS 244A.019 - "Building project" defined.
NRS 244A.021 - "Condemnation" and "condemn" defined.
NRS 244A.023 - "Cost of the project" defined.
NRS 244A.025 - "County" defined.
NRS 244A.027 - "Drainage and flood control project" defined.
NRS 244A.029 - "Equipment" and "equip" defined.
NRS 244A.0293 - "Flood management authority" defined.
NRS 244A.0297 - "Flood management project" defined.
NRS 244A.033 - "Improvement" and "improve" defined.
NRS 244A.034 - "Infrastructure project" defined.
NRS 244A.0343 - "Lending project" defined.
NRS 244A.0344 - "Minor league baseball stadium project" defined.
NRS 244A.0345 - "Municipal securities" defined.
NRS 244A.0347 - "Municipality" defined.
NRS 244A.035 - "Offstreet parking project" defined.
NRS 244A.037 - "Overpass project" defined.
NRS 244A.039 - "Park project" defined.
NRS 244A.043 - "Project" defined.
NRS 244A.045 - "Property" defined.
NRS 244A.047 - "Public body" defined.
NRS 244A.048 - "Revenues of a lending project" defined.
NRS 244A.049 - "Real property" defined.
NRS 244A.0505 - "Sewerage project" defined.
NRS 244A.051 - "State" defined.
NRS 244A.053 - "Street project" defined.
NRS 244A.055 - "Underpass project" defined.
NRS 244A.0555 - "Wastewater authority" defined.
NRS 244A.056 - "Water project" defined.
NRS 244A.057 - General powers of board of county commissioners.
NRS 244A.059 - County’s general obligation bonds; county’s debt limit.
NRS 244A.061 - Payment of bonds additionally secured by pledge of certain revenues.
NRS 244A.063 - Fees, rates and charges: Establishment, maintenance and revision of schedules.
NRS 244A.064 - Lending projects: Powers of county.
NRS 244A.065 - Construction and effect of County Bond Law.
NRS 244A.254 - Boundaries of transportation district.
NRS 244A.256 - Pledge of money for payment of obligations issued for certain projects.
NRS 244A.291 - Legislative declaration.
NRS 244A.333 - "Street beautification project" defined.
NRS 244A.343 - General powers of board of county commissioners.
NRS 244A.441 - Power of board of county commissioners.
NRS 244A.445 - Issuance of general obligation or revenue bonds.
NRS 244A.447 - Applicability of Local Government Securities Law.
NRS 244A.449 - Sale of bonds; employment of expert services.
NRS 244A.457 - Applicability to county whose population is 700,000 or more.
NRS 244A.459 - Legislative determinations.
NRS 244A.463 - "Advisory committee" defined.
NRS 244A.465 - "Board" defined.
NRS 244A.467 - "Bond requirements" defined.
NRS 244A.469 - "County" defined.
NRS 244A.471 - "County securities" defined.
NRS 244A.473 - "Discharge" defined.
NRS 244A.475 - "Facilities" defined.
NRS 244A.479 - "Newspaper" defined.
NRS 244A.481 - "Point source" defined.
NRS 244A.483 - "Pollutant" defined.
NRS 244A.485 - "Pollution" defined.
NRS 244A.487 - "Project" defined.
NRS 244A.489 - "Publication" and "publish" defined.
NRS 244A.491 - "Service charges" defined.
NRS 244A.493 - "State securities" defined.
NRS 244A.497 - Technical advisory committee.
NRS 244A.499 - Procedure for acquisition of facilities.
NRS 244A.503 - Approval of preliminary plans for facilities.
NRS 244A.505 - Approval of plans and specifications for facilities.
NRS 244A.507 - Methods of funding county’s acquisition of facilities.
NRS 244A.509 - General powers of county in relation to facilities.
NRS 244A.513 - Methods of funding State’s acquisition of facilities.
NRS 244A.515 - General powers of State in relation to facilities.
NRS 244A.519 - Additional powers of State: Contracts and agreements with public agencies and others.
NRS 244A.521 - Additional powers of county or State: Acquisition and operation of facilities.
NRS 244A.523 - Powers of other public bodies.
NRS 244A.527 - Manner of exercising board’s powers pertaining to State’s facilities and securities.
NRS 244A.529 - Power of board to invest money.
NRS 244A.531 - Power of board to levy and collect general taxes.
NRS 244A.533 - Power of county or State to fix and collect service charges.
NRS 244A.535 - Contracts for billing and collection of service charges.
NRS 244A.537 - Service charges payable constitute general obligations; debt limits unaffected.
NRS 244A.539 - Enforcement of collection of service charges by requiring tax levy.
NRS 244A.541 - Collection of service charges on tax roll: Election of alternative procedure.
NRS 244A.545 - Collection of service charges on tax roll: Hearings; final report.
NRS 244A.549 - Lien for unpaid service charges.
NRS 244A.551 - Basic penalty for nonpayment of service charges.
NRS 244A.553 - Collection of delinquent service charges and penalties imposed by civil action.
NRS 244A.557 - Service charges for sewerage.
NRS 244A.559 - Liability of county or State on its securities and other obligations.
NRS 244A.563 - Faith of State pledged not to impair securities.
NRS 244A.565 - Contracts not binding on State until approved by Governor; exception.
NRS 244A.567 - County’s officers to effectuate provisions of County Sewage and Wastewater Law.
NRS 244A.571 - Areawide waste management plan: Development; required elements.
NRS 244A.573 - Areawide waste management plan: Ordinances and regulations; enforcement.
NRS 244A.597 - County’s powers concerning recreational facilities.
NRS 244A.605 - Vacancies; reorganization of board.
NRS 244A.607 - Name of board: Designation; use.
NRS 244A.609 - Members: Oath; bond; compensation.
NRS 244A.611 - Officers: Election and duties.
NRS 244A.613 - Meetings; quorum; seal.
NRS 244A.615 - Compliance with Local Government Budget and Finance Act.
NRS 244A.617 - Loans by counties for preliminary costs of organization.
NRS 244A.619 - Powers and duties of board.
NRS 244A.621 - Additional powers of board.
NRS 244A.623 - Transactions extending beyond terms of members.
NRS 244A.627 - Limitations on powers of board concerning real property in certain counties.
NRS 244A.629 - Acceptance of federal aid.
NRS 244A.631 - Recreational facilities subject to local zoning and other regulations.
NRS 244A.633 - Free tickets and passes restricted.
NRS 244A.637 - Issuance of general obligation or revenue bonds.
NRS 244A.641 - Execution of bonds and coupons.
NRS 244A.643 - Sale of bonds; employment of expert services.
NRS 244A.647 - Collected license taxes held in trust.
NRS 244A.649 - Refund or credit of payment of license taxes; claim.
NRS 244A.653 - Debt limit of county whose population is 700,000 or more.
NRS 244A.655 - Debt limit of county whose population is less than 700,000.
NRS 244A.672 - "Affordable housing" defined.
NRS 244A.673 - "Board" defined.
NRS 244A.675 - "Bonds" and "revenue bonds" defined.
NRS 244A.677 - "Capacity" defined.
NRS 244A.678 - "Corporation for public benefit" defined.
NRS 244A.679 - "Finance" and "financing" defined.
NRS 244A.681 - "Financing agreement" defined.
NRS 244A.682 - "Health and care facility" defined.
NRS 244A.6825 - "Historic structure" defined.
NRS 244A.683 - "Mortgage" defined.
NRS 244A.685 - "Obligor" defined.
NRS 244A.687 - "Pollution" defined.
NRS 244A.689 - "Project" defined.
NRS 244A.691 - "Revenues" defined.
NRS 244A.692 - "Supplemental facility for a health and care facility" defined.
NRS 244A.693 - "Warehousing" defined.
NRS 244A.695 - Legislative intent.
NRS 244A.696 - Exercise of powers by county; liberal construction.
NRS 244A.697 - General powers.
NRS 244A.698 - Restrictions on powers of county.
NRS 244A.701 - Project for generation and transmission of electricity: Studies, surveys and options.
NRS 244A.707 - Notice and public hearing by board of county commissioners.
NRS 244A.709 - Details of proposed terms and conditions of transaction not required in notice.
NRS 244A.713 - Bonds to be special obligations.
NRS 244A.715 - Form and terms of bonds.
NRS 244A.719 - Terms of resolution and instruments.
NRS 244A.721 - Types of authorized investments; bank deposits and disbursements.
NRS 244A.723 - Construction of project.
NRS 244A.725 - Limitation on county’s obligation.
NRS 244A.727 - Rights upon default.
NRS 244A.729 - Determination of costs of financing.
NRS 244A.731 - Lease, sale or financing of project.
NRS 244A.733 - Option to purchase.
NRS 244A.737 - Application of proceeds; components of cost of project.
NRS 244A.739 - Payment and contribution by county prohibited; exceptions.
NRS 244A.741 - Operation by county prohibited.
NRS 244A.753 - County’s property exempt from taxation; taxation of lessee, purchaser or obligor.
NRS 244A.755 - Project for generation and transmission of electricity: Payment in lieu of taxes.
NRS 244A.757 - Eminent domain not available; exception.
NRS 244A.759 - Limitation of actions.
NRS 244A.7647 - Recovering cost of collecting surcharge.
NRS 244A.7648 - Engagement of auditor to analyze or audit surcharge.
NRS 244A.769 - Features of system.
NRS 244A.771 - System to use 911 as primary telephone number; secondary number.
NRS 244A.773 - Tax levy: Approval of voters; exemption from limitation.
NRS 244A.775 - Determination of rate of tax levy.
NRS 244A.777 - Collection of taxes; tax constitutes lien.
NRS 244A.785 - Creation in certain counties; boundaries.
NRS 244A.787 - Board of county commissioners ex officio governing body; powers; meetings; employees.
NRS 244A.789 - Budget of district; submission to voters of proposal to issue bonds or levy tax.
NRS 244A.820 - Contract with Department for collection and administration of fee.
NRS 244A.830 - Stadium authority: Creation; members; duties.
NRS 244A.850 - "Department" defined.
NRS 244A.870 - Contract with Department for collection and administration of fee.