Existing law authorizes a person who intends to locate certain renewable energy facilities in this State to apply to the Director of the Office of Energy for a partial abatement of local sales and use taxes, property taxes, or both local sales and use taxes and property taxes. (NRS 701A.360) Existing law requires the Director to approve an application for the partial abatement if the Director, in consultation with the Office of Economic Development, makes certain determinations, including, without limitation, that: (1) the financial benefits that will result to this State from the facility will exceed the loss of tax revenue that will result from the partial abatement; and (2) the facility is consistent with the State Plan for Economic Development. (NRS 701A.365) Section 5 of this bill requires the Director to approve an application without determining that the financial benefits to the State from the facility will exceed the loss of tax revenue from the partial abatement or that the facility is consistent with the State Plan for Economic Development if not less than 36 percent of the total area of the facility for which the application is made will be devoted to agrivoltaics or ecovoltaics for the duration of the abatement. Sections 2 and 3 of this bill define the terms “agrivoltaics” and “ecovoltaics,” respectively. Existing law prohibits the Director from approving an application for a partial abatement unless the application is approved or deemed approved by the board of county commissioners of the county in which the facility will be located. The board of county commissioners is authorized to deny the application only if the board determines that: (1) the projected cost of the services that the local government is required to provide to the facility will exceed the amount of tax revenue that the local government is projected to receive as a result of the abatement; or (2) the projected financial benefits that will result to the county from the facility will not exceed the projected loss of tax revenue that will result from the abatement. (NRS 701A.365) Section 5 exempts an application from the requirement to be approved or deemed approved by the board of county commissioners if not less than 36 percent of the total area of the facility will be devoted to agrivoltaics or ecovoltaics for the duration of the abatement.

Statutes affected:
As Introduced: 701A.300, 701A.365
BDR: 701A.300, 701A.365