1. 1. Except as otherwise provided in subsection 2, the provisions of NRS 338.013 to 338.090, inclusive, apply to any contract for construction work awarded by a public utility to a contractor or subcontractor on a significant operational or capital requirement project when the construction work does not qualify as a public work as defined in NRS 338.010.

2. 2. The provisions of subsection 1 do not apply to a contract awarded by an electric utility where the primary construction work will be performed by a contractor with:

   1. (a) A collective bargaining agreement;
   2. (b) A project labor agreement; or
   3. (c) A worksite agreement that provides for the construction of a significant operational or capital requirement project, or for the maintenance of, or other ongoing work to be performed upon completion of, a significant operational or capital requirement project.

3. 3. As used in this section:

   1. (a) “Electric utility” has the meaning ascribed to it in NRS 704.7571.
   2. (b) “Public utility” means a utility that purchases natural gas for retail or an electric utility.

   3. (c) “Significant operational or capital requirement project” means:

      1. (1) The replacement of a natural gas pipeline approved in a plan submitted pursuant to NRS 704.991; or
      2. (2) The construction of a new generation electric utility facility of not less than 50 megawatts and that is approved in a plan submitted pursuant to NRS 704.741.

(Added to NRS by 2025, 2618)