NRS 701A.362. Authority of board of county commissioners to require applicant to reimburse county for certain costs for certain facilities; documentation; prepayment [Effective through June 30, 2049.]

1. 1. The board of county commissioners of a county may require an applicant for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, for a facility located on federal land within the county to reimburse the county, in an amount not to exceed $50,000, for the actual administrative and operational costs incurred by the county for its involvement in the process of preparing any environmental impact statement required with respect to the facility pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq., unless the board of county commissioners has adopted any other mechanism or fee structure to recover such costs.
2. 2. An applicant for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, who is required to pay a reimbursement to a county pursuant to subsection 1 may require the county to provide documentation of the actual costs incurred by the county for which the county is seeking reimbursement pursuant to subsection 1.

3. 3. A county requiring an applicant for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, to pay a reimbursement to the county pursuant to subsection 1 may require the applicant to prepay the anticipated amount of the reimbursement. If the amount of the actual costs incurred by the county for which reimbursement is required pursuant to subsection 1:

   1. (a) Exceeds the amount of the prepayment, the applicant must pay the county the difference between the prepayment and the actual costs incurred by the county.
   2. (b) Is less than the amount of the prepayment, the county must refund to the applicant the difference between the actual costs incurred by the county and the amount of the prepayment.
4. 4. For the purposes of this section, unless the applicant and the county agree otherwise, the provisions of subsection 1 apply to a single facility, including, without limitation, any necessary ancillary facilities or structures necessary to the operation of the facility.
5. 5. As used in this section, “facility” means a facility for the generation of process heat from solar renewable energy, a wholesale facility for the generation of electricity from renewable energy, a facility for the storage of energy from renewable generation or a hybrid renewable generation and energy storage facility in this State.

(Added to NRS by 2025, 107)