1. 1. The Office shall certify a business for the benefits provided pursuant to NRS 704.223 if the Office finds that:

   1. (a) The business is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;
   2. (b) The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on-site;
   3. (c) Establishing the business will require the business to make a capital investment of $50,000,000 in Nevada; and
   4. (d) The economic benefit to the State of approving the certification exceeds the cost to the State.

2. 2. The Office may:

   1. (a) Request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the Office pursuant to this section and NRS 704.032.
   2. (b) Impose a reasonable fee for an application for certification pursuant to this section to cover the costs incurred by the Office in investigating and ruling on the application.
   3. (c) Adopt such regulations as it deems necessary to carry out the provisions of this section.

(Added to NRS by 1993, 818; A 1995, 1143; 2001, 1584; 2011, 3445)