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S.B. 461
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SENATE BILL NO. 461–COMMITTEE ON
REVENUE AND ECONOMIC DEVELOPMENT
(ON BEHALF OF THE OFFICE OF THE GOVERNOR)
APRIL 30, 2025
____________
Referred to Committee on Revenue and
Economic Development
SUMMARY—Revises provisions relating to economic
development. (BDR 32-1070)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Executive Budget.
CONTAINS UNFUNDED MANDATE (§ 32)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to economic development; revising provisions
governing abatements of certain taxes and transferable tax
credits for certain businesses; authorizing the Office of
Economic Development to approve a partial deduction of
certain taxes for a person who intends to locate or expand
a high-impact business in this State; authorizing the Board
of Economic Development to deny an application for an
abatement, deduction or transferable tax credits under
certain circumstances; authorizing the Office to issue
transferable tax credits for the location or expansion of a
child care facility in this State ; creatin g the Community
Infrastructure Grant Program; revising provisions
governing the State Plan for Economic Development;
revising provisions governing programs of workforce
recruitment, assessment and training; requiring the Office
of Economic Development and the Department of
Employment, Training and Rehabilitation to establish a
program to reimburse certain expenses of certain students
of the Nevada System of Higher Education ; providing for
the establishment of a program to provide stipends to
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certain employers whose employees teach in programs of
career and technical education; revising provisions
governing programs of career and technical education;
authorizing businesses that recycle certain materials or
produce certain fuels from recycled materials to appl y to
the Office for a partial abatement of certain taxes; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes the Office of Economic Development to approve 1
transferable tax credits and abatements or partial abatements of certain property 2
taxes, business taxes and sales and use taxes for certain businesses in certain 3
circumstances. (NRS 231.1555, 274.310, 274.320, 274.330, 360.750, 360.753, 4
360.754, 360.759, 360.889, 360.945) Sections 3 and 13-15 of this bill authorize a 5
person who intends to locate or expand a high -impact business in this State, which 6
is defined in section 3 as a business p rimarily engaged in electric battery 7
production, the production of clean energy and water technology, advanced 8
manufacturing or the manufacturing of aerospace systems, defense technologies, 9
national security solutions or certain advanced health care techno logy, to apply to 10
the Office for a partial deduction of certain property taxes, business taxes and sales 11
and use taxes. Section 3 authorizes the Office to approve an application for a partial 12
deduction if the Office makes certain determinations and establishes the method to 13
calculate the amount of the partial deduction based upon whether the applicant 14
meets certain criteria. Section 3 prohibits the Office from approving a partial 15
deduction that would allow a business to deduct: (1) more than 60 percent of the 16
total amount of taxes that would otherwise be due in a ny tax year or over the 10 -17
year period following the date on which the partial deduction becomes effective; or 18
(2) in combination with any partial abatement that the business might receive, more 19
than 90 percent of the total amount of taxes that would other wise be due. Section 7 20
of this bill requires the Department of Taxation to investigate whether a person 21
meets the eligibility requirements for the partial deduction created by section 3 22
during the course of certain other investigations. Sections 3 and 9 of this bill 23
require a person, to be eligible for the partial deduction, to enter into an agre ement 24
with the Office that contains certain provisions. Section 10 of this bill requires the 25
Office to provide certain notice and take action at a public m eeting on an 26
application for the partial deduction created by section 3. If the Office approves a 27
partial deduction of sales and use tax pursuant to section 3, section 11 of this bill 28
requires the Office to issue to the business a document certifying the partial 29
deduction. Section 16 of this bill exempts the partial deduction created by section 3 30
from provisions excluding certain provisions of the Local School Support Tax Law 31
from being subject to abatements on taxation which the Office is authorize d to 32
approve. Sections 22 and 30 of this bill add the partial deduction created by 33
section 3 to the list of economic development incentives for which the Office is 34
required to submit certain reports. Sections 26 and 27 of this bill provide that 35
businesses that receive the deduction created by section 3 are not eligible to receive 36
certain tax credits that are authorized under existing law for businesses that meet 37
criteria to be a qualified active low-income community business or impact qualified 38
active low-income community business. 39
To be eligible for c ertain partial abatements or transferable tax credits, existing 40
law requires the business of the applicant to offer primary jobs. (NRS 360.750, 41
360.889) Section 3 requires a business to offer primary jobs to be eligible for the 42
partial deduction created by that section. Section 2 of this bill defines the term 43
“primary job” for the purposes of such provisions to mean a permanent, full -time 44
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position of employment at a physical location of a business in this State that is: (1) 45
a location that generates a certain percentage of its revenue from exports to 46
locations outside of this State; or (2) a business that operates in certain sectors of 47
the economy and manufactures, produces or sells certain goods or services that are 48
imported into this State in significant quantities and which closes gaps in supply 49
chains, promotes local production or reduces the outflow of capital from this State. 50
Section 18 of this bill similarly defines “primary jobs” for the purposes of certai n 51
other programs administered by the Office, and section 20 of this bill makes this 52
definition applicable to such programs. 53
Section 4 of this bill requires a person who claims an abatement, partial 54
abatement or partial deduction to submit a quarterly report to the Department 55
containing certain information, i ncluding: (1) a certification that the person was 56
approved for and continues to meet the requirements for the abatement or 57
deduction; and (2) documentation to demonstrate the person’s continuing 58
compliance with those requirements. Section 4 also requires the person to remit 59
sales and use tax owed for the previous calendar quarter that was not previously 60
remitted. 61
Section 5 of this bill authorizes the Board of Economic Development to deny, 62
or approve for a lesser amount, an application for an abatement, partial abatement, 63
partial deduction or transferable tax credits if the Board determines that approving 64
the full amount app lied for is not in the best interests of the State. Section 5 lists 65
certain factors that the Board may consider in determining whether granting the full 66
amount applied for is in the best interests of the State. 67
Existing law authorizes the Office to approve applications for partial 68
abatements of certain taxes and the issuance of transferable tax credits submitted by 69
the lead participant engaged in a qualifi ed project with other participants for a 70
common purpose or business endeavor and which is located within the geographic 71
boundaries of a single project site, if the participants agree collectively to make a 72
total new capital investment in this State of at l east $1 billion during the 10 -year 73
period immediately following the approval of the application. (NRS 360.880 -74
360.896) Under existing law, the Office is prohibited from approving such 75
transferable tax credits for any fiscal year beginning on or after July 1, 2025. (NRS 76
360.892) Additionally, the provisions authorizing such partial abatements and 77
transferable tax credits expire on June 30, 2032. (Section 69 of chapter 2, Statutes 78
of Nevada 2015, 29th Special Session, at page 54) Section 12 of this bill authorizes 79
the Office to approve such transferable tax credits, not to exceed $7,600,000 per 80
fiscal year, in each fiscal year beginning on or after July 1, 202 5. Section 34 of this 81
bill delays the expiration of those provisions until June 30, 2033. 82
Section 6 of this bill authorizes the Office to issue transferable tax credits to a 83
person who has undertaken a project for the location or expansion of a child care 84
facility in this State which may be applied to certain fees and taxes. Section 6 limits 85
the number of the transferable tax credits that may be authorized by the Office each 86
fiscal year to $12,000,000, except th at: (1) any amount of transferable tax credits 87
not approved in the fiscal year of a biennium must be carried forward and used only 88
in the second fiscal year of the biennium; and (2) the Office may not approve 89
credits for a fiscal year beginning on or after July 1, 2045. Section 6 provides that 90
the amount of transferable tax credits issued to an applicant must be a percentage of 91
the amount of qualified expenditures by the applicant and not more than 60 percent 92
of such qualified expenditures. Section 6 requires the Office, before issuing a 93
certificate of transferable tax credits, to certify to the Department or the Nevada 94
Gaming Control Board, as applicable, that the amount of transferable tax credits 95
will be deducted from the maximum amount of certain transferable tax credits that 96
the Office is authorized to approve that fiscal year. Section 6 prohibits more than 97
one-fifth of the total tax credits issued to a person from being used by the person, or 98
a person to whom the tax credits were transferred, in a fiscal year and provides that 99
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the tax credits expire after 5 years. Section 6 requires the Office to submit a report 100
to the Governor, the Legislature and the Joint Interim Standing Committee on 101
Revenue regarding the tax credit for child care facilities. 102
Existing law authorizes a person who intends to locate o r expand a business in 103
this State to apply to the Office for a partial abatement of certain property taxes, 104
business taxes and sales and use taxes. (NRS 360.750) Section 8 of this bill 105
removes a prohibition on the approval of a partial abatement for an applicant who 106
intends to locate or expand a business but who has already received a partial 107
abatement for locating or expanding that business, thereby authorizing a business to 108
obtain a partial abatement for locating or expanding a business in this State multiple 109
times. 110
Section 19 of this bill requires the Office to establish and administer a program 111
to award grants to qualified entities to construct certain infrastructure projects or 112
rural housing projects and creates the Community Infrastructure Grant Program 113
Account, which must be used to award such grants. Section 19 provides 114
requirements for the administration of the money in the Account and requires the 115
Office to prioritize applications for grants for certain projects. 116
Existing law requires the Executive Director of the Office to develop a State 117
Plan for Economic Development. (NRS 231.053) Section 21 of this bil l requires 118
the Executive Director to revise the State Plan at least biennially and revises the 119
information which the Executive Director is required to include in the State Plan. 120
Existing law authorizes the Office to provide an allocation, grant or loan of 121
money to defray the cost of an approved program of workforce recruitment, 122
assessment and training. Existing law requires such a program to include a 123
workforce diversity action plan. (NRS 231.1467, 231.1468) Section 23 of this bill 124
revises the requirements for an application for approval of such a program and an 125
application by a business to participate in such a program. Section 23 replaces the 126
requirement for such a program to include a workforce diversity action plan with a 127
requirement to include a workforce development action pl an, and section 38 of this 128
bill repeals provisions providing for the contents of a workforce diversity action 129
plan. Section 25 of this bill replaces a reference to the workforce diversity action 130
plan with the workforce development action plan. 131
Section 28 of this bill requires the Department of Employment, Training and 132
Rehabilitation and the Office to jointly establish a program to provide 133
reimbursement for certain expenses related to enrollment in an undergra duate or 134
certificate program in a trade -related field provided by the Nevada System of 135
Higher Education to persons who successfully completed a program of career and 136
technical education provided by a school district in this State. Section 28 requires 137
such reimbursement to be repaid unless the recipient meets certain requirements, 138
including completion of the undergraduate or certificate program and satisfaction of 139
a requirement to work in a trade -related field in a rural county for at least 2 years. 140
Section 29 of this bill applies certain definitions in existi ng law governing the 141
Department to section 28. 142
Section 31 of this bill requires the State Board of Education, to the extent 143
money is made available by the Department of Employment, Training and 144
Rehabilitation and in collaboration with the Department and the Office of 145
Economic Development, to establish a program to provide stipends to employers 146
whose employees act as part -time teachers for programs of career and technical 147
education. Section 31 authorizes an employer that is approved for a stipend to 148
donate the stipend to the school district in which the employee teaches for costs 149
associated with the program of career and technical education. Section 31 requires 150
an employer that receives the stipend to provide the employee with the full 151
compensation and benefits the employee would receive if the employee was not 152
acting as a part-time teacher. 153
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Existing law requires the board of trustees of a school district in a county 154
whose population is 100,000 or more (currently Clark and Washoe Counties) and 155
authorizes the board of trustees of a school district in a county whose population is 156
less than 100,000 to establish a program of career and technical education. (NRS 157
388.380) Section 32 of this bill requires the board of tru stees of a school district 158
that offers a program of career and technical education to enter into talent pipeline 159
agreements with local businesses to facilitate the participation of pupils in 160
internships, apprenticeships and short -term career experiences. Section 32 requires 161
a talent pipeline agreement to include certain provisions. Sections 24 and 32 of this 162
bill require the Office to establish a program to award grants to school districts with 163
active talent pipeline agreements using funds from the Workforce Innovations for a 164
New Nevada Account. Section 32 requires a business which is party to an active 165
talent pipeline agreement to submit annually a report to the State Board and the 166
Office. 167
Section 32 revises the curriculum which is required to be provided through a 168
program of career and technical education. 169
Existing law authorizes the Office to approve a partial abatement from the taxes 170
imposed on real property for a business that: (1) engages in the primary trade of 171
preparing, fabricating, manufacturing or otherwise processing raw material or an 172
intermediate product using a certain percentage of recycled materials or includes as 173
a primary component a f acility for the generation of electricity from recycled 174
material; and (2) has as its primary purpose the conservation of energy or the 175
substitution of other sources of energy for fossil fuel sources of energy. (NRS 176
701A.210) Section 33 of this bill authorizes the Office to grant such a partial 177
abatement of property taxes to a business that: (1) includes as a primary component 178
a facility for the production o f biofuels, biomass or other primary fuels from 179
recycled material for use in the production of energy; or (2) primarily engages in 180
the recycling or repurposing of materials that were used to produce or store 181
renewable energy, including, without limitation, materials used in solar panels, or 182
waste materials resulting from the extraction of minerals. 183
Section 39 of this bill makes the provisions of sections 3, 13-15 and 33 expire 184
by limitation on June 30, 2045, to comply with the requirement of Article 10, 185
section 6 of the Nevada Constitution that the Legislature must provide an expiration 186
date for certain exemptions from taxes. 187
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 6, inclusive, of this 2
act. 3
Sec. 2. As used in this chapter, “primary job” means a 4
permanent position of employment at a physical location of a 5
business in this State, if the employee filling that position works an 6
average of at least 30 hours per week and: 7
1. Not less than half of the revenue generated at that location 8
is derived from exports to locations outside of this State; or 9
2. The business: 10
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(a) Manufactures, produces or sells goods or services that are 1
imported into this State in significant quantities, as determined by 2
the Office of Economic Development; 3
(b) Operates in a sector of the economy that the Office of 4
Economic Development determines to be critic al to the economic 5
security of this State, including, without limitation, critical 6
mineral processing, battery production and health care; and 7
(c) Closes gaps in supply chains, promotes local production or 8
reduces the outflow of capital from this State. 9
Sec. 3. 1. A person who intends to locate or expand a high -10
impact business in this State may apply to the Office of Economic 11
Development pursuant to this section for a partial deduction of 12
one or more of the taxes imposed on the new or expanded business 13
pursuant to chapter 361, 363B or 374 of NRS. 14
2. The Office of Economic Development may approve an 15
application for a partial deduction pursuant to this section if the 16
Office makes the following determinations: 17
(a) The business offers primary jobs and is consistent with: 18
(1) The State Plan for Economic Development developed by 19
the Executive Director of the Office of Economic Development 20
pursuant to subsection 2 of NRS 231.053; and 21
(2) Any guidelines adopted by the Executive Director of the 22
Office to implement the State Plan for Economic Development. 23
(b) Not later than 1 year after the date on which the 24
application was received by the Office, the applicant has executed 25
an agreement with the Office which must: 26
(1) Comply with the requirements of NRS 360.755; 27
(2) State the date on which the partial deduction becomes 28
effective, as agreed to by the applicant and the Office of Economic 29
Development, which must not be earlier than the date on which 30
the Office received the app lication and not later than 1 year after 31
the date on which the Office approves the application; 32
(3) State that the business will, after the date on which the 33
partial deduction becomes effective, continue in operation in this 34
State for a period specified by the Office of Economic 35
Development, which must be at least 10 years, and will continue to 36
meet the eligibility requirements set forth in this subsection; 37
(4) State that the business will offer primary jobs; and 38
(5) Bind the successors in interest of the applicant for the 39
specified period. 40
(c) The applicant is registered pursuant to the laws of this 41
State or the applicant commits to obtain a valid business license 42
and all other permits required by each county, city or town in 43
which the business operates. 44
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(d) The average hourly wage that will be paid by the business 1
to its new employees in this State during the period of the partial 2
deduction is not less than 100 percent of the average statewide 3
hourly wage as established by the Employment Security Division 4
of the Department of Employment, Training and Rehabilitation on 5
July 1 of each fiscal year. 6
(e) The business will, by the eighth calendar quarter following 7
the calendar quarter in which the partial deduction becomes 8
effective, offer a health insurance plan for all employees that 9
includes an option for health insurance coverage for dependents 10
of the employees, and the health care benefits the business offers 11
to its employees in this State will meet the minimum requirements 12
for health care benefits established by the Office of Economic 13
Development. 14
(f) If the business is a new business in a county whose 15
population is less than 100,000 or a city whose population is less 16
than 60,000, the business will have 5 or more full -time employees 17
on the payroll of the business by the eighth calendar quarter 18
following the calendar quarter in which the partial deduction 19
becomes effective who will be employed at the location of the 20
business in that county or city until at least the date which is 10 21
years after the date on which the partial deduction becomes 22
effective. 23
(g) If the business is a new business in a county whose 24
population is 100,000 or more or a city whose population is 60,000 25
or more, the business will have 25 or more full -time employees on 26
the payroll of the business by the eighth calendar quarter 27
following the calendar quarter in which the partial deduction 28
becomes effective who will be employed at the location of the 29
business in that county or city until at least the date which is 10 30
years after the date on which the partial deduction becomes 31
effective. 32
3. The total amount of the partial deduction approved by the 33
Office of Economic Development must be calculated in 34
accordance with this subsection. The standard amount of the 35
partial deduction is 10 percent of the total amount of the taxes 36
owed by the applicant pursuant to chapter 361, 363B or 374 of 37
NRS, or any combination of those taxes. Additionally, f or each of 38
the following criteria which the Office of Economic Development 39
determines applies to the applicant, the Office shall approve an 40
additional partial deduction of 10 percent of the total amount of 41
the taxes owed by the applicant pursuant to chapter 361, 363B or 42
374 of N RS, or any combination of those taxes, up to the 43
maximum amount authorized pursuant to subsections 5 and 6: 44
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(a) The average hourly wage that will be paid by the business 1
to its employees in this State is not less than 150 percent of the 2
average statewide hourly wage as established by the Employment 3
Security Division of the Department of Employment, Training and 4
Rehabilitation on July 1 of each fiscal year. 5
(b) The business has executed an agreement with an 6
institution of the Nevada System of Higher Education to: 7
(1) Sponsor research performed by the institution; 8
(2) Collaborate with the institution to perform joint 9
research; 10
(3) Transfer materials or data to the institution for research 11
use, at no cost to the institution; 12
(4) Receive materials or d ata from the institution for 13
research use, in exchange for compensation to the institution; 14
(5) Receive services or products from the institution on an 15
ongoing basis, in exchange for compensation to the institution; 16
(6) Loan equipment to the institutio n for research use, at 17
no cost to the institution; 18
(7) Authorize the institution to use facilities of the business 19
for research purposes, at no cost to the institution; 20
(8) Use facilities of the institution, in exchange for 21
compensation to the institution; or 22
(9) Provide the institution with a license to use software or 23
another product belonging to the business, at no cost to the 24
institution. 25
(c) Not less than 60 percent of the full -time employees hired to 26
work at the location of the business in this State for the first 5 27
years after the date on which the partial deduction becomes 28
effective will be: 29
(1) Residents of this State; or 30
(2) Persons who graduated from a high school located in 31
this State , trade school located in this State , an apprenticeship 32
program approved by the State Apprenticeship Council created by 33
NRS 610.030 or college or university located in this State. 34
(d) The business will participate in a program of workforce 35
development provided by an authorized provider, as de fined in 36
NRS 231.1415, and, by the eighth calendar quarter following the 37
calendar quarter in which the partial deduction becomes effective, 38
not less than 20 percent of the employees of the business who work 39
at the location of the business in this State will have completed the 40
program of workforce development. 41
(e) For the duration of the partial deduction, the business will 42
offer a health insurance plan for all employees and will cover the 43
entire amount of the premiums required to be paid for the 44
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employee’s coverage under the health insurance plan, without 1
deduction from the wages of the employee. 2
(f) For the duration of the partial deduction, the business will 3
occupy or construct and occupy a newly constructed facility in a 4
qualified opportunity zone in this State designated by the Secretary 5
of the Treasury, or his or her designee, pursuant to 26 U.S.C. § 6
1400Z-1. For the purposes of this paragraph, a facility is newly 7
constructed if the facility has not been previously occupied by a 8
person or business. 9
(g) For the duration of the partial deduction, the business will 10
offer a housing assistance program to the employees of the 11
business that provides direct housing assistance that is sufficient, 12
as determined by the Office of Economic Development , to make 13
owner-occupied or rental housing attainable to the employees of 14
the business. 15
(h) For the duration of the partial deduction, the business will 16
occupy or construct and occupy a facility that is part of an infill 17
development project that is consistent with the goals of sustainable 18
growth and the efficient use of land. 19
4. Before approving any application for a partial deduction 20
pursuant to this section, the Office shall conduct an analysis and 21
certify: 22
(a) The total amount of taxes that the applicant is anticipated 23
to incur pursuant to chapters 361, 363B and 374 of NRS, as 24
applicable, during each of the 10 years following the date on 25
which the partial deduction becomes effective, absent the effect of 26
any partial deduction approved pursuant to this section. 27
(b) The total amount of any partial deduction which the 28
applicant is anticipated to qualify for as calculated pursuant to 29
subsection 3. 30
5. Except as otherwise provided in subsection 6, the Office of 31
Economic Development shall not approve a partial deduction 32
pursuant to this section which would allow for the partial 33
deduction of more than 60 percent of the total amount of taxes 34
that the applicant would otherwise owe pursuant to chapter 361, 35
363B or 374 of NRS during any of the 10 years following the date 36
on which the partial deduction becomes effective or over the entire 37
10-year period following the date on which the partial deduction 38
becomes effective. 39
6. Except as otherwise provided in this subsecti on, an 40
applicant for a partial deduction pursuant to this section may also 41
apply for and receive any abatement or partial abatement of taxes 42
authorized pursuant to chapter 360 of NRS or any other specific 43
statute for which the applicant otherwise qualifies . Any 44
combination of the partial deduction approved pursuant to this 45
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section and any abatements approved pursuant to chapter 360 of 1
NRS or any other specific statute must not, in any fiscal year, 2
allow for the partial deduction and abatement of more than 90 3
percent of the total amount of taxes that the business would 4
otherwise owe pursuant to chapter 361, 363B or 374 of NRS. 5
7. The Office of Economic Development must not: 6
(a) Consider an application for a partial deduction unless the 7
Office has requested a letter of acknowledgment of the request for 8
the partial deduction from any affected county, school district, city 9
or town and has complied with the requirements of NRS 360.757; 10
or 11
(b) Approve a partial deduction for any applicant for a period 12
of more than 10 years. 13
8. If the Office of Economic Development approves an 14
application for a partial deduction pursuant to this section, the 15
Office shall immediately forward a certificate of eligibility for the 16
partial deduction to: 17
(a) The Department; 18
(b) The Nevada Tax Commission; and 19
(c) If the partial deduction is from personal property taxes, the 20
appropriate county treasurer. 21
9. An applicant for a partial deduction pursuant to this 22
section or an existing business whose partial deduction is in effect 23
shall, upon the request of the Executive Director of the Office of 24
Economic Development, furnish the Executive Director with 25
copies of all records necessary to verify that the applicant meets 26
the requirements of subsection 2 and any applicabl e criteria 27
described in subsection 3. 28
10. If an applicant for a partial deduction pursuant to this 29
section fails to execute the agreement described in paragraph (b) 30
of subsection 2 within 1 year after the date on which the 31
application was received by the Office of Economic Development, 32
the applicant shall not be approved for a partial deduction 33
pursuant to this section unless the applicant submits a new 34
application. 35
11. If a business whose partial deduction has been approved 36
pursuant to this section and whose partial deduction is in effect 37
ceases: 38
(a) To meet the requirements set forth in subsection 2; 39
(b) To meet any criteria set forth in subsection 3 for which the 40
business was receiving a partial deduction; or 41
(c) Operation before the time specified in the agreement 42
described in paragraph (b) of subsection 2, 43
the business shall repay to the Department or, if the partial 44
deduction was from personal property taxes, to the appropriate 45
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county treasurer, the amount of the partial deduction that was 1
allowed pursuant to this section before the failure of the business 2
to comply, unless the Nevada Tax Commission determines that the 3
business has substantially complied with the requirements of this 4
section. Except as otherwise provided in NRS 360.232 and 5
360.320, the business shall, in addition to the amount of the 6
partial deduction required to be repaid pursuant to this subsection, 7
pay interest on the amount due at the rate most recently 8
established pursuant to NRS 99.040 for each month, or portion 9
thereof, fr om the last day of the month following the period for 10
which the payment would have been made had the partial 11
deduction not been approved until the date of payment of the tax. 12
12. The Office of Economic Development may adopt such 13
regulations as the Office determines to be necessary to carry out 14
the provisions of this section. 15
13. An applicant for a partial deduction who is aggrieved by a 16
final decision of the Office of Economic Development may petition 17
a court of competent jurisdiction to review the deci sion in the 18
manner provided in chapter 233B of NRS. 19
14. For an employee to be considered a resident of Nevada 20
for the purposes of this section, the business must maintain in the 21
personnel file of the employee documentation that the employee is 22
a current Nevada resident, which must take the form of: 23
(a) A copy of the current and valid Nevada driver’s license of 24
the employee or a current and valid identification card for the 25
employee issued by the Department of Motor Vehicles; or 26
(b) If the employee is a registered owner of one or more 27
vehicles in Nevada, a copy of the current motor vehicle 28
registration of at least one of those vehicles. 29
15. As used in this section: 30
(a) “Full-time employee” means a person who is in a 31
permanent position of employment and works an average of 30 32
hours per week during the applicable period set forth in 33
subparagraph (3) of paragraph (b) of subsection 2. 34
(b) “High-impact business” means a business that is primarily 35
engaged in: 36
(1) Electric battery production, including, wit hout 37
limitation, the refinement or processing of critical minerals for 38
electric batteries or the manufacturing or assembly of electric 39
batteries and their components; 40
(2) The production of clean energy and water technology, 41
including, without limitation, water resource management 42
technologies or solar panels, wind turbines or other products for 43
the generation of renewable energy; 44
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(3) Advanced manufacturing, including, without limitation, 1
the manufacturing of components or equipment for automation, 2
robotics or additive manufacturing; 3
(4) The manufacturing of aerospace systems, defense 4
technologies or national security solutions; or 5
(5) The manufacturing of biotechnology, pharmaceuticals, 6
medical devices or equipment for specialty hospitals or diagnostic 7
laboratories. 8
Sec. 4. 1. Any person who claims an abatement, partial 9
abatement or partial deduction of taxes pursuant to NRS 274.310, 10
274.320, 274.330, 360.750, 360.753, 360.754, 360.890 or 360.950 11
or section 3 of this act, shall submit to the Department a report, in 12
such form as the Department may prescribe, not later than 30 days 13
after the end of any calendar quarter in which the person claimed 14
the abatemen t, partial abatement or partial deduction of taxes. 15
The report must include, without limitation: 16
(a) A certification by the person claiming the abatement, 17
partial abatement or partial deduction that the person was 18
approved to claim the abatement, partial abatement or partial 19
deduction and has complied with all of the requirements for 20
claiming the abatement, partial abatement or partial deduction 21
during the calendar quarter covered by the report. 22
(b) Documentation showing that the person has complied with 23
all of the requirements for claiming the abatement, partial 24
abatement or partial deduction during the calendar quarter 25
covered by the report. 26
2. If the person claimed an abatement, partial abatement or 27
partial deduction of sales and use taxes during the immediately 28
preceding calendar quarter by presenting to any retailer a 29
document issued pursuant to NRS 360.7575 , the report required 30
pursuant to this section: 31
(a) Shall serve as the return for any sales and use tax owed by 32
the person during the calendar quarter. 33
(b) Must be accompanied by the amount of any sales and use 34
tax which is not abated and which is owed by the person for any 35
transaction occurring during the calendar quarter for which the 36
sales and use tax was not already remitted. 37
3. A report submitted pursuant to this section may be used by 38
the Department for the purposes of auditing the compliance of a 39
business with the requirements for an abatement, partial 40
abatement or partial deduction pursuant to NRS 360.755. 41
Sec. 5. 1. Notwithstanding any other provisions of law, if 42
the Board of Economic Development determines, with respect to 43
an application for an abatement, partial abatement or partial 44
deduction of taxes or for transferable tax credits which is reviewed 45
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by the Board, that granting the full amount of the abatement, 1
partial abatement, partial deduction or transferable tax credits 2
requested or to which the applicant would otherwise be entitled is 3
not in the best interests of the State, the Board may: 4
(a) Deny the application; or 5
(b) Approve the application but for a lower amount, or 6
otherwise place conditions on the approval of the abatement, 7
partial abatement, partial deduction or transferable tax credits. 8
2. In determining whether granting the full amoun t of an 9
abatement, partial abatement, partial deduction or transferable tax 10
credits is in the best interests of the State for the purposes of 11
subsection 1, the Board may consider the following factors, with 12
respect to the business that is the subject of the application: 13
(a) The projected water consumption of the business, 14
particularly if the business is or will be located in a region with 15
limited water resources, with the goal of promoting the sustainable 16
use of the water supplies in this State. 17
(b) The alignment of the business with the social objectives of 18
the State, including, without limitation, the promotion of equity, 19
education and community well-being. 20
(c) The potential environmental impact of the business, 21
including, without limitation, the likelihood of a significant 22
adverse effect on air quality, water quality or local ecosystems. 23
(d) The alignment of the business with the economic objectives 24
of the State, including, without limitation, the creation of jobs, the 25
diversification of the economy of the State and the long -term 26
economic development of the State. 27
(e) The anticipated impact of the business on local 28
communities, including, without limitation , the impact on traffic, 29
infrastructure and community resources. 30
(f) The financial stability and viability of the business, 31
including, without limitation, signs of financial instability that 32
may pose a risk to state investments. 33
3. The Board of Economic Development may consider the 34
factors listed in subsection 2 with respect to any other decision 35
which the Board is authorized to make with respect to an 36
application for an abatement, partial abatement , partial deduction 37
or transferable tax credits, includi ng, without limitation, the 38
duration of the abatement, partial abatement , partial deduction or 39
transferable tax credits. 40
Sec. 6. 1. A person who has undertaken a project for the 41
location or expansion of a child care facili ty in this State may 42
apply to the Office of Economic Development for a certificate of 43
eligibility for transferable tax credits for qualified expenditures. 44
The transferable tax credits may be applied to: 45
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(a) Any tax imposed by chapters 363A and 363B of NRS; 1
(b) The gaming license fees imposed by the provisions of 2
NRS 463.370; 3
(c) Any tax imposed by chapter 680B of NRS; or 4
(d) Any combination of the fees and taxes described in 5
paragraphs (a), (b) and (c). 6
2. The Office of Economic Development shall not approve 7
any application for transferable tax credits pursuant to this section 8
if approval of the application would cause the total amount of 9
transferable tax credits approved pursuant to this section for each 10
fiscal year to exceed the sum of $12,000,000. For each biennium 11
beginning on July 1 of an odd-numbered year, if, in the first fiscal 12
year of the biennium, the Office does not approve an amount of 13
transferable tax credits equal to the amount authorized by this 14
subsection for that fiscal year, the remai ning amount of 15
transferable tax credits must be carried forward to the next fiscal 16
year of the biennium and made available for approval only during 17
that fiscal year. The Office shall not approve any transferable tax 18
credits pursuant to this section for a f iscal year beginning on or 19
after July 1, 2045. Any transferable tax credits issued pursuant to 20
this section may not be claimed before July 1, 2026. 21
3. The Office of Economic Development may approve an 22
application for a certificate of eligibility for transferable tax 23
credits if the Office finds that the applicant qualifies for the 24
transferable tax credits pursuant to this section and the Office 25
deems that the issuance of the tax credits wi ll support the 26
economic development of the State, after considering: 27
(a) The extent to which the child care facility will address an 28
identified shortage in child care services in areas of critical 29
workforce demand; 30
(b) The feasibility and sustainability of the facility; and 31
(c) The potential economic and social benefits of the child care 32
facility to the local community. 33
4. To be eligible for transferable tax credits pursuant to this 34
section, an applicant must: 35
(a) Submit an application in such form as the Office of 36
Economic Development prescribes; 37
(b) Provide proof satisfactory to the Office that the child care 38
facility will promote the economic development of the State; 39
(c) Provide a detailed description of the child care facility that 40
includes, wit hout limitation, the location of the facility and the 41
services that will be provided by the child care facility; 42
(d) Demonstrate that the child care facility will operate in an 43
area of critical workforce demand or where there is a scarcity of 44
child care facilities, as determined by the Office; 45
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(e) If the child care facility is sponsored by an employer, 1
ensure that each employee who makes use of the child care facility 2
is charged for the services of the facility in an amount that is not 3
more than 15 percen t of the salary of the employee per child 4
enrolled in the facility; 5
(f) Not later than 270 days after the date of the substantial 6
completion of the project for the location or expansion of a child 7
care facility in this State, unless the Office agrees to e xtend this 8
period by not more than 90 days, provide the Office with an audit 9
of the qualified expenditures made for the location or expansion 10
of the child care facility that includes an itemized report of such 11
expenditures and is certified by an independen t certified public 12
account in this State who is approved by the Office; 13
(g) Pay the cost of the audit required by paragraph (f); and 14
(h) Meet any other requirements prescribed by the Office. 15
5. If the Office of Economic Development approves an 16
application for a certificate of eligibility for transferable tax 17
credits pursuant to this section, the Office shall immediately 18
forward a copy of the certificate of eligibility which identifies the 19
estimated amount of the tax credits available to: 20
(a) The applicant; 21
(b) The Department; and 22
(c) The Nevada Gaming Control Board. 23
6. Within 30 days after the receipt of an audit provided by an 24
applicant pursuant to paragraph (f) of subsection 4 and any other 25
accountings or other information required by the Office of 26
Economic Development , the Office shall determine whether to 27
certify the audit and make a final determination of whether a 28
certificate of transferable tax credits will be issued. If the Office 29
certifies the audit, determines that all other requirements fo r the 30
transferable tax credits have been met and determines that a 31
certificate of transferable tax credits will be issued, the Office 32
shall notify the applicant that the transferable tax credits will be 33
issued. Within 30 days after the receipt of the notic e, the applicant 34
shall make an irrevocable declaration of the amount of 35
transferable tax credits that will be applied to each fee or tax set 36
forth in paragraphs (a), (b) and (c) of subsection 1, thereby 37
accounting for all the credits which will be issued. Upon receipt of 38
the declaration, the Office: 39
(a) Except as otherwise provided in subsection 10, shall certify 40
to the Department or the Nevada Gaming Control Board, as 41
applicable, that the amount of transferable tax credits approved 42
pursuant to this section will be deducted from the amount of 43
transferable tax credits that the Office is authorized to approve 44
pursuant to NRS 360.892 for that fiscal year or pursuant to 45
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NRS 231.1555 for that fiscal year, or any combination of those 1
transferable tax credits. 2
(b) After complying with the provisions of paragraph (a), shall 3
issue to the applicant a certificate of transferable tax credits in the 4
amount approved by the Office for the fees or taxes included in the 5
declaration. 6
7. A person who is issued transferable tax credits pursuant to 7
this section shall notify the Office of Economic Development upon 8
transferring any of the transferable tax credits. The Office shall 9
notify the Department and the Nevada Gaming Control Board of 10
all transferable tax credits issued, segregated by each fee or tax set 11
forth in paragraphs (a), (b) and (c) of subsection 1, and the 12
amount of any transferable tax credits transferred. 13
8. A person who is issued transferable tax credits pursuant to 14
this section and every person to whom transferable tax credits are 15
transferred by such a person may not, collectively, use more than 16
one-fifth of the total amount of transferable tax credits issued 17
pursuant to this section during a fiscal year. If a person who is 18
issued transferable tax credit s pursuant to this section transfers 19
those credits, the transfer must be made pursuant to an agreement 20
which includes provisions that are calculated to prevent any 21
violation of this subsection, including, without limitation , a 22
provision which notifies the person to whom the credits will be 23
transferred of the requirements of this subsection. 24
9. The transferable tax credits issued pursuant to this section 25
expire 5 years after the date on which the transferable tax credits 26
are issued to the applicant. 27
10. In each fiscal year, the Office must not , pursuant to 28
paragraph (a) of subsection 6, reduce the amount of transferable 29
tax credits authorized pursuant to: 30
(a) NRS 231.1555 by more than $5,000,000. 31
(b) NRS 360.892 by more than $7,000,000. 32
11. The amount of the transferable tax credits issued to an 33
applicant pursuant to this section must be a percentage of the 34
amount of qualified expenditures by the applicant as supported by 35
the audit submitted pursuant to paragraph (f) of subsection 4 and 36
must not exceed 60 percent of the amount of such qualified 37
expenditures. 38
12. An applicant for transferable tax credits pursuant to this 39
section shall, upon the request of the Executive Director of the 40
Office of Economic Development , furnish the Executive Director 41
with copies of all records necessary to verify that the applicant 42
meets the requirements of this section. 43
13. The Office shall, on or before August 1 of each year, 44
submit to the Governor and the Director of the Legislative Counsel 45
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Bureau for transmittal to th e Legislature and the Joint Interim 1
Standing Committee on Revenue a report which includes, without 2
limitation: 3
(a) The number of child care facilities established or expanded 4
which received transferable tax credits pursuant to this section, 5
both in the immediately preceding fiscal year and in total; 6
(b) The total number of transferable tax credits issued in the 7
immediately preceding year; and 8
(c) The geographic distribution by county and city of the child 9
care facilities which received transferable tax credits pursuant to 10
this section, both in the immediately preceding year and over the 11
lifetime of the program. 12
14. The Office of Economic Development may adopt any 13
regulations that are necessary to carry out the provisions of this 14
section. 15
15. The Neva da Tax Commission and the Nevada Gaming 16
Commission: 17
(a) Shall adopt regulations prescribing the manner in which 18
transferable tax credits will be administered. 19
(b) May adopt any other regulations that are necessary to 20
carry out the provisions of this section. 21
16. For the purposes of this section, the date of the 22
substantial completion of a project for the location or expansion of 23
a child care facility shall be deemed to be the date on which: 24
(a) The final building inspection of the facility is concluded; 25
(b) A notice of completion is issued for the facility; or 26
(c) A certificate of occupancy is issued for the facility, 27
whichever occurs later. 28
17. As used in this section, “qualified expenditure” means 29
expenditures directly related to the establishment, construction, 30
expansion or improvement of a licensed child care facility, 31
including, without limitation, land acquisition, construction, 32
renovations, equipment purchases and operational start-up costs. 33
Sec. 7. NRS 360.225 is hereby amended to read as follows: 34
360.225 1. During the course of an investigation undertaken 35
pursuant to NRS 360.130 of a person claiming: 36
(a) A partial abatement of property taxes pursuant to 37
NRS 361.0687; 38
(b) An exemption from taxes pursuant to NRS 363B.120; 39
(c) A deferral of the payment of taxes on the sale of eligible 40
property pursuant to NRS 372.397 or 374.402; 41
(d) An abatement of taxes on the gross receipts from the sale, 42
storage, use or other consumption of eligible machinery or 43
equipment pursuant to NRS 374.357; 44
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(e) A partial abatement of taxes pursuant to NRS 360.754 on or 1
before December 31, 2056; 2
(f) A partial abatement of taxes pursuant to NRS 360.890 on or 3
before June 30, [2032;] 2033; or 4
(g) A partial deduction of taxes pursuant to section 3 of this 5
act on or before June 30, 2045; or 6
(h) An abatement of taxes pursuant to NRS 360.950 on or 7
before June 30, 2036, 8
the Department shall investigate whether the person meets the 9
eligibility requirements for the abatement, partial abatement, partial 10
deduction, exemption or deferral that the person is claiming. 11
2. If the Department finds that the person does not meet the 12
eligibility requirements for the abatement, deduction, exemption or 13
deferral which the person is claiming, the Department shall report its 14
findings to the Office of Economic Development and take any other 15
necessary actions. 16
Sec. 8. NRS 360.750 is hereby amended to read as follows: 17
360.750 1. A person who intends to locate or expand a 18
business in this State may apply to the Office of Economic 19
Development pursuant to this section for a partial abatement of one 20
or more of the taxes imposed on the: 21
(a) New business pursuant to chapter 361, 363B or 374 of NRS. 22
(b) Expanded business pursuant to chapter 361 or 363B of NRS 23
or a partial abatement of the local sales and use taxes imposed on 24
the expanded business. As used in this paragraph, “local sales and 25
use taxes” means the taxes imposed on the gross receipts of any 26
retailer from the sale of tangible personal property sold at retail, or 27
stored, used or otherwise consumed, in the political subdivision in 28
which the business is to be located or expanded, except the taxes 29
imposed by the Sales and Use Tax Act and the Local School 30
Support Tax Law. 31
2. The Office of Economic Development shall approve an 32
application for a partial abatement pursuant to this section if the 33
Office makes the following determinations: 34
(a) The business offers primary jobs and is consistent with: 35
(1) The State Plan for Economic Development developed by 36
the Executive Director of the Office of Economic Development 37
pursuant to subsection 2 of NRS 231.053; and 38
(2) Any guidelines adopted by the Executive Director of the 39
Office to implement the State Plan for Economic Development. 40
(b) Not later than 1 year after the date on which the application 41
was received by the Office, the applicant has executed an agreement 42
with the Office which must: 43
(1) Comply with the requirements of NRS 360.755; 44
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(2) State the date on which the a batement becomes effective, 1
as agreed to by the applicant and the Office, which must not be 2
earlier than the date on which the Office received the application 3
and not later than 1 year after the date on which the Office approves 4
the application; 5
(3) State that the business will, after the date on which the 6
abatement becomes effective, continue in operation in this State for 7
a period specified by the Office, which must be at least 5 years, and 8
will continue to meet the eligibility requirements set forth in this 9
subsection; 10
(4) State that the business will offer primary jobs; and 11
(5) Bind the successors in interest of the business for the 12
specified period. 13
(c) The business is registered pursuant to the laws of this State 14
or the applicant commits to obt ain a valid business license and all 15
other permits required by the county, city or town in which the 16
business operates. 17
(d) Except as otherwise provided in subsection 4, 5 or 6, the 18
average hourly wage that will be paid by the business to its new 19
employees in this State is at least 100 percent of the average 20
statewide hourly wage as established by the Employment Security 21
Division of the Department of Employment, Training and 22
Rehabilitation on July 1 of each fiscal year. 23
(e) The business will, by the eight h calendar quarter following 24
the calendar quarter in which the abatement becomes effective, offer 25
a health insurance plan for all employees that includes an option for 26
health insurance coverage for dependents of the employees, and the 27
health care benefits the business offers to its employees in this State 28
will meet the minimum requirements for health care benefits 29
established by the Office. 30
(f) Except as otherwise provided in this subsection and NRS 31
361.0687, if the business is a new business in a county w hose 32
population is 100,000 or more or a city whose population is 60,000 33
or more, the business meets at least one of the following 34
requirements: 35
(1) The business will have 50 or more full -time employees 36
on the payroll of the business by the eighth calenda r quarter 37
following the calendar quarter in which the abatement becomes 38
effective who will be employed at the location of the business in 39
that county or city until at least the date which is 5 years after the 40
date on which the abatement becomes effective. 41
(2) Establishing the business will require the business to 42
make, not later than the date which is 2 years after the date on which 43
the abatement becomes effective, a capital investment of at least 44
$1,000,000 in this State in capital assets that will be re tained at the 45
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location of the business in that county or city until at least the date 1
which is 5 years after the date on which the abatement becomes 2
effective. 3
(g) Except as otherwise provided in NRS 361.0687, if the 4
business is a new business in a county whose population is less than 5
100,000, in an area of a county whose population is 100,000 or more 6
that is located within the geographic boundaries of an area that is 7
designated as rural by the United States Department of Agriculture 8
and at least 20 miles outside of the geographic boundaries of an area 9
designated as urban by the United States Department of Agriculture, 10
or in a city whose population is less than 60,000, the business meets 11
at least one of the following requirements: 12
(1) The business will ha ve 10 or more full -time employees 13
on the payroll of the business by the eighth calendar quarter 14
following the calendar quarter in which the abatement becomes 15
effective who will be employed at the location of the business in 16
that county or city until at lea st the date which is 5 years after the 17
date on which the abatement becomes effective. 18
(2) Establishing the business will require the business to 19
make, not later than the date which is 2 years after the date on which 20
the abatement becomes effective, a cap ital investment of at least 21
$250,000 in this State in capital assets that will be retained at the 22
location of the business in that county or city until at least the date 23
which is 5 years after the date on which the abatement becomes 24
effective. 25
(h) If the business is an existing business, the business meets at 26
least one of the following requirements: 27
(1) For a business in: 28
(I) Except as otherwise provided in sub-subparagraph (II), 29
a county whose population is 100,000 or more or a city whose 30
population is 60,000 or more, the business will, by the eighth 31
calendar quarter following the calendar quarter in which the 32
abatement becomes effective, increase the number of employees on 33
its payroll in that county or city by 10 percent more than it 34
employed in the fiscal year immediately preceding the fiscal year in 35
which the abatement becomes effective or by twenty -five 36
employees, whichever is greater, who will be employed at the 37
location of the business in that county or city until at least the date 38
which is 5 yea rs after the date on which the abatement becomes 39
effective; or 40
(II) A county whose population is less than 100,000, an 41
area of a county whose population is 100,000 or more that is located 42
within the geographic boundaries of an area that is designated as 43
rural by the United States Department of Agriculture and at least 20 44
miles outside of the geographic boundaries of an area designated as 45
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urban by the United States Department of Agriculture, or a city 1
whose population is less than 60,000, the business wil l, by the 2
eighth calendar quarter following the calendar quarter in which the 3
abatement becomes effective, increase the number of employees on 4
its payroll in that county or city by 10 percent more than it 5
employed in the fiscal year immediately preceding t he fiscal year in 6
which the abatement becomes effective or by six employees, 7
whichever is greater, who will be employed at the location of the 8
business in that county or city until at least the date which is 5 years 9
after the date on which the abatement becomes effective. 10
(2) The business will expand by making a capital investment 11
in this State, not later than the date which is 2 years after the date on 12
which the abatement becomes effective, in an amount equal to at 13
least 20 percent of the value of the ta ngible property possessed by 14
the business in the fiscal year immediately preceding the fiscal year 15
in which the abatement becomes effective, and the capital 16
investment will be in capital assets that will be retained at the 17
location of the business in that county or city until at least the date 18
which is 5 years after the date on which the abatement becomes 19
effective. The determination of the value of the tangible property 20
possessed by the business in the immediately preceding fiscal year 21
must be made by the: 22
(I) County assessor of the county in which the business 23
will expand, if the business is locally assessed; or 24
(II) Department, if the business is centrally assessed. 25
(i) The applicant has provided in the application an estimate of 26
the total number o f new employees which the business anticipates 27
hiring in this State by the eighth calendar quarter following the 28
calendar quarter in which the abatement becomes effective if the 29
Office approves the application. 30
(j) Except as otherwise provided in subsecti on 3, if the business 31
will have at least 50 full -time employees on the payroll of the 32
business by the eighth calendar quarter following the calendar 33
quarter in which the abatement becomes effective, the business, by 34
the earlier of the eighth calendar quart er following the calendar 35
quarter in which the abatement becomes effective or the date on 36
which the business has at least 50 full-time employees on the payroll 37
of the business, has a policy for paid family and medical leave and 38
agrees that all employees wh o have been employed by the business 39
for at least 1 year will be eligible for at least 12 weeks of paid 40
family and medical leave at a rate of at least 55 percent of the 41
regular wage of the employee. The business will agree in writing 42
that if the Office approves the application, the business will not: 43
(1) Prohibit, interfere with or otherwise discourage an 44
employee from taking paid family and medical leave: 45
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(I) For any reason authorized pursuant to the Family and 1
Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq. 2
(II) To care for any adult child, sibling or domestic 3
partner of the employee. 4
(2) Discriminate, discipline or discharge an employee for 5
taking paid family and medical leave: 6
(I) For any reason authorized pursuant to the Family and 7
Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq. 8
(II) To care for any adult child, sibling or domestic 9
partner of the employee. 10
(3) Prohibit, interfere with or otherwise discourage an 11
employee or other person from bringing a proceeding or testifying 12
in a proceeding against the business for a violation of the policy for 13
paid family and medical leave that is required pursuant to this 14
paragraph. 15
3. For purposes of paragraph (j) of subsection 2, the Office of 16
Economic Development shall determine that a business meets the 17
requirements of that paragraph if the business has a policy for paid 18
family and medical leave for employees on the payroll of the 19
business outside of this State that meets or exceeds the requirements 20
for a policy for paid family and medi cal leave pursuant to that 21
paragraph and the business agrees in writing that its employees on 22
the payroll in this State are eligible for paid family and medical 23
leave under such policy. 24
4. Notwithstanding the provisions of subsection 2, the Office 25
of Economic Development: 26
(a) Shall not consider an application for a partial abatement 27
pursuant to this section unless the Office has requested a letter of 28
acknowledgment of the request for the abatement from any affected 29
county, school district, city or town. 30
(b) Shall consider the level of health care benefits provided by 31
the business to its employees, the policy of paid family and medical 32
leave provided by the business to its employees, the projected 33
economic impact of the business and the projected tax rev enue of 34
the business after deducting projected revenue from the abated 35
taxes. 36
(c) May, if the Office determines that such action is necessary: 37
(1) Approve an application for a partial abatement pursuant 38
to this section by a business that does not meet t he requirements set 39
forth in paragraph (f), (g) or (h) of subsection 2; 40
(2) Make any of the requirements set forth in paragraphs (d) 41
to (h), inclusive, of subsection 2 more stringent; or 42
(3) Add additional requirements that a business must meet to 43
qualify for a partial abatement pursuant to this section. 44
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5. Notwithstanding any other provision of law, the Office of 1
Economic Development shall not approve an application for a 2
partial abatement pursuant to this section if: 3
(a) The applicant intends to lo cate or expand in a county in 4
which the rate of unemployment is 7 percent or more and the 5
average hourly wage that will be paid by the applicant to its new 6
employees in this State is less than 70 percent of the average 7
statewide hourly wage, as established by the Employment Security 8
Division of the Department of Employment, Training and 9
Rehabilitation on July 1 of each fiscal year. 10
(b) The applicant intends to locate or expand in a county in 11
which the rate of unemployment is less than 7 percent and the 12
average hourly wage that will be paid by the applicant to its new 13
employees in this State is less than 85 percent of the average 14
statewide hourly wage, as established by the Employment Security 15
Division of the Department of Employment, Training and 16
Rehabilitation on July 1 of each fiscal year. 17
[(c) The applicant intends to locate in a county but has already 18
received a partial abatement pursuant to this section for locating that 19
business in that county. 20
(d) The applicant intends to expand in a county but has already 21
received a partial abatement pursuant to this section for expanding 22
that business in that county. 23
(e) The applicant has changed the name or identity of the 24
business to evade the provisions of paragraph (c) or (d).] 25
6. Notwithstanding any other provision of law, if the Office of 26
Economic Development approves an application for a partial 27
abatement pursuant to this section, in determining the types of taxes 28
imposed on a new or expanded business for which the partial 29
abatement will be approved and the amount of the partial abatement: 30
(a) If the new or expanded business is located in a county in 31
which the rate of unemployment is 7 percent or more and the 32
average hourly wage that will be paid by the business to its new 33
employees in this State is less than 85 percent of the average 34
statewide hourly wage, as established by the Employment Security 35
Division of the Department of Employment, Training and 36
Rehabilitation on July 1 of each fiscal year, the Office shall not: 37
(1) Approve an abatement of the tax es imposed pursuant to 38
chapter 361 of NRS which exceeds 25 percent of the taxes on 39
personal property payable by the business each year. 40
(2) Approve an abatement of the taxes imposed pursuant to 41
chapter 363B of NRS which exceeds 25 percent of the amount o f 42
tax otherwise due pursuant to NRS 363B.110. 43
(b) If the new or expanded business is located in a county in 44
which the rate of unemployment is less than 7 percent and the 45
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average hourly wage that will be paid by the business to its new 1
employees in this St ate is less than 100 percent of the average 2
statewide hourly wage, as established by the Employment Security 3
Division of the Department of Employment, Training and 4
Rehabilitation on July 1 of each fiscal year, the Office shall not: 5
(1) Approve an abateme nt of the taxes imposed pursuant to 6
chapter 361 of NRS which exceeds 25 percent of the taxes on 7
personal property payable by the business each year. 8
(2) Approve an abatement of the taxes imposed pursuant to 9
chapter 363B of NRS which exceeds 25 percent of the amount of 10
tax otherwise due pursuant to NRS 363B.110. 11
7. If the Office of Economic Development approves an 12
application for a partial abatement pursuant to this section, the 13
Office shall immediately forward a certificate of eligibility for the 14
abatement to: 15
(a) The Department; 16
(b) The Nevada Tax Commission; and 17
(c) If the partial abatement is from the property tax imposed 18
pursuant to chapter 361 of NRS, the county treasurer. 19
8. An applicant for a partial abatement pursuant to this section 20
or an existing business whose partial abatement is in effect shall, 21
upon the request of the Executive Director of the Office of 22
Economic Development, furnish the Executive Director with copies 23
of all records necessary to verify that the applicant meets the 24
requirements of subsection 2. 25
9. If an applicant for a partial abatement pursuant to this 26
section fails to execute the agreement described in paragraph (b) of 27
subsection 2 within 1 year after the date on which the application 28
was received by the Office, the applicant shall not be approved for a 29
partial abatement pursuant to this section unless the applicant 30
submits a new application. 31
10. If a business whose partial abatement has been approved 32
pursuant to this section and is in effect ceases: 33
(a) To meet the requirements set forth in subsection 2; or 34
(b) Operation before the time specified in the agreement 35
described in paragraph (b) of subsection 2, 36
the business shall repay to the Department or, if the partial 37
abatement was from the property tax imposed pu rsuant to chapter 38
361 of NRS, to the county treasurer, the amount of the partial 39
abatement that was allowed pursuant to this section before the 40
failure of the business to comply unless the Nevada Tax 41
Commission determines that the business has substantially complied 42
with the requirements of this section. Except as otherwise provided 43
in NRS 360.232 and 360.320, the business shall, in addition to the 44
amount of the partial abatement required to be paid pursuant to this 45
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subsection, pay interest on the amount du e at the rate most recently 1
established pursuant to NRS 99.040 for each month, or portion 2
thereof, from the last day of the month following the period for 3
which the payment would have been made had the partial abatement 4
not been approved until the date of payment of the tax. 5
11. A county treasurer: 6
(a) Shall deposit any money that he or she receives pursuant to 7
subsection 10 in one or more of the funds established by a local 8
government of the county pursuant to NRS 354.6113 or 354.6115; 9
and 10
(b) May use the money deposited pursuant to paragraph (a) only 11
for the purposes authorized by NRS 354.6113 and 354.6115. 12
12. The Office of Economic Development may adopt such 13
regulations as the Office of Economic Development determines to 14
be necessary to carry out t he provisions of this section and 15
NRS 360.755. 16
13. The Nevada Tax Commission: 17
(a) Shall adopt regulations regarding: 18
(1) The capital investment that a new business must make to 19
meet the requirement set forth in paragraph (f) or (g) of subsection 20
2; and 21
(2) Any security that a business is required to post to qualify 22
for a partial abatement pursuant to this section. 23
(b) May adopt such other regulations as the Nevada Tax 24
Commission determines to be necessary to carry out the provisions 25
of this section and NRS 360.755. 26
14. An applicant for a partial abatement pursuant to this section 27
who is aggrieved by a final decision of the Office of Economic 28
Development may petition for judicial review in the manner 29
provided in chapter 233B of NRS. 30
15. For the purposes of this section, an employee is a “full-time 31
employee” if he or she is in a permanent position of employment 32
and works an average of 30 hours per week during the applicable 33
period set forth in subsection 2. 34
Sec. 9. NRS 360.755 is hereby amended to read as follows: 35
360.755 1. If the Office of Economic Development approves 36
an application by a business for an abatement of taxes pursuant to 37
NRS 360.950 , [or] a partial abatement pursuant to NRS 360.750, 38
360.753, 360.754 or 360.890 [,] or a partial deduction pursuant to 39
section 3 of this act, the agreement with the Office must provide 40
that the business: 41
(a) Agrees to allow the Department to conduct audits of the 42
business to determine whether the business is in full compliance 43
with the requirements for the abatement , [or] partial abatement [;] 44
or partial deduction; and 45
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(b) Consents to the disclosure of the audit reports in the manner 1
set forth in this section. 2
2. If the Department conducts an audit of the business to 3
determine whether the business is in full compliance with the 4
requirements for the abatement , [or] partial abatement [,] or partial 5
deduction, the Department shall, upon request, provide the audit 6
report to the Office of Economic Development. 7
3. Until the busi ness has exhausted all appeals to the 8
Department and the Nevada Tax Commission relating to the audit, 9
the information contained in the audit report provided to the Office 10
of Economic Development: 11
(a) Is confidential proprietary information of the business; 12
(b) Is not a public record; and 13
(c) Must not be disclosed to any person who is not an officer or 14
employee of the Office of Economic Development unless the 15
business consents to the disclosure. 16
4. After the business has exhausted all appeals to the 17
Department and the Nevada Tax Commission relating to the audit: 18
(a) The audit report provided to the Office of Economic 19
Development is a public record; and 20
(b) Upon request by any person, the Executive Director of the 21
Office of Economic Development shall disclose the audit report to 22
the person who made the request, except for any information in the 23
audit report that is protected from disclosure pursuant to 24
subsection 5. 25
5. Before the Executive Director of the Office of Economic 26
Development discloses th e audit report to the public, the business 27
may submit a request to the Executive Director to protect from 28
disclosure any information in the audit report which, under 29
generally accepted business practices, would be considered a trade 30
secret or other confide ntial proprietary information of the business. 31
After consulting with the business, the Executive Director shall 32
determine whether to protect the information from disclosure. The 33
decision of the Executive Director is final and is not subject to 34
judicial review. If the Executive Director determines to protect the 35
information from disclosure, the protected information: 36
(a) Is confidential proprietary information of the business; 37
(b) Is not a public record; 38
(c) Must be redacted by the Executive Director from any audit 39
report that is disclosed to the public; and 40
(d) Must not be disclosed to any person who is not an officer or 41
employee of the Office of Economic Development unless the 42
business consents to the disclosure. 43
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Sec. 10. NRS 360.757 is hereby amended to read as follows: 1
360.757 1. The Office of Economic Development shall not 2
take any action on an application for any abatement of taxes 3
pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753 or 4
360.754 or any other specific statute or a partial deduction of taxes 5
pursuant to section 3 of this act unless the Office: 6
(a) Takes that action at a public meeting conducted for that 7
purpose; and 8
(b) At least 30 days before the meeting, provides notice of the 9
application to: 10
(1) The governing body of the county, the board of trustees 11
of the school district and the governing body of the city or town, if 12
any, in which the pertinent business is or will be located; 13
(2) The governing body of any other political subdivision 14
that could be affected by the abatement [;] or deduction; and 15
(3) The general public. 16
2. The notice required by this section must set forth the date, 17
time and location of the meeting at which the Office of Economic 18
Development will consider the application. 19
3. The Off ice of Economic Development shall adopt 20
regulations relating to the notice required by this section. 21
Sec. 11. NRS 360.7575 is hereby amended to read as follows: 22
360.7575 1. If the Office of Economic Development 23
approves an application for an abatement of sales and use taxes 24
pursuant to NRS 360.950 or a partial abatement of any sales and use 25
taxes pursuant to NRS 274.310, 274.320, 274.330, 360.750, 26
360.753, 360.7 54 or 360.890 , the Department shall issue to the 27
business a document certifying the abatement or partial abatement 28
which can be presented to retailers at the time of purchase. The 29
document must clearly state that the business is not required to pay 30
sales and use taxes or the rate of sales and use tax that the business 31
is required to pay. If the business presents to a retailer the 32
document issued to the business pursuant to this subsection and 33
does not pay sales or use tax which is not abated or deducted, th e 34
business must comply with the provisions of subsection 2 of 35
section 4 of this act. 36
2. If the Department has issued to a business a document 37
pursuant to s ubsection 1 and the business pays an amount of sales 38
and use taxes for which the business was entitled to an abatement or 39
deduction because the business fails to present the document, the 40
business may apply to the Department for a refund of the amount of 41
sales and use tax paid for which the business was entitled to an 42
abatement [.] or deduction. If the Department has issued to a 43
business a document pursuant to subsection 1 and the failure of the 44
business to present the document results in the business payi ng the 45
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full amount of sales and use tax on 50 percent or more of the 1
purchases for which the business was eligible for the abatement [,] 2
or deduction, the Department shall impose on the business a penalty 3
equal to 10 percent of the total amount of the abat ement [.] or 4
deduction. The Department shall distribute the proceeds of any 5
penalty imposed pursuant to this subsection to each local 6
government affected by a refund issued pursuant to this subsection 7
in proportion to the amount of the refunds for which th e affected 8
local government is responsible. 9
3. If, after submitting an application for an abatement of sales 10
and use taxes pursuant to NRS 360.950 , [or] a partial abatement of 11
any sales and use taxes pursuant to NRS 360.750, 360.753, 360.754 12
or 360.890 or a partial deduction pursuant to section 3 of this act 13
and before receiving the document issued pursuant to subsection 1, a 14
business pays an amount of sales and use tax for which the business 15
is entitled to an abatement [,] or deduction, the business may apply 16
to the Department for a refund of the amount of sales and use tax 17
which the applicant paid for which the business is entitled to an 18
abatement [.] or deduction. 19
4. Notwithstanding any other provision of law, no interest is 20
allowed on a refund made pursuant to subsection 2 or 3. 21
Sec. 12. NRS 360.892 is hereby amended to read as follows: 22
360.892 1. Except as otherwise provided in this section, the 23
Office of Economic Development shall not approve transferable tax 24
credits: 25
(a) For Fiscal Year 2017 -2018, 2018 -2019, 2019 -2020, 2020 -26
2021, 2021-2022, 2022-2023, 2023-2024 , [or] 2024-2025 [,] or any 27
subsequent fiscal year, if approval of the transferable tax credits 28
would cause the total amount of transferable tax credits issued 29
pursuant to NRS 360.880 to 360.896, inclusive, in that Fiscal Year 30
to exceed $7,600,000. 31
(b) For a fiscal year beginning on or after July 1, [2025.] 2033. 32
2. The total amount of transferable tax credits issued pursuant 33
to NRS 360.880 to 360.896, inclusive, to all qualified projects in 34
this State must not exceed $38,000,000. 35
3. If in any fiscal year the Office does not approve an amount 36
of transferable tax credits equal to the total amount authorized by 37
[paragraph (a) or (b) of ] subsection 1, the remaining amount of 38
transferable tax credits must be carried forward and made availa ble 39
for approval during subsequent fiscal years ending on or before 40
June 30, [2025.] 2033. 41
4. Each transferable tax credit issued pursuant to NRS 360.880 42
to 360.896, inclusive, expires 4 years after the date on which the 43
transferable tax credit is issued to the lead participant. A transferable 44
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tax credit issued pursuant to NRS 360.880 to 360.896, inclusive, 1
may be transferred only once. 2
Sec. 13. Chapter 361 of NRS is hereby amended by adding 3
thereto a new section to read as follows: 4
1. A person who intends to locate or expand a high -impact 5
business in this State may, pursuant to section 3 of this act, apply 6
to the Off ice of Economic Development for a partial deduction 7
from the taxes imposed by this chapter on the personal property of 8
the high-impact business. 9
2. For a business to qualify pursuant to section 3 of this act 10
for a partial deduction from the taxes imposed by this chapter on 11
the personal property of the business , the Office of Economic 12
Development must determine that, in addition to meeting the other 13
requirements set forth in subsection 2 of section 3 of this act: 14
(a) Except as otherwise provided in paragraph (b), if the 15
business is a new business in a county whose population is 16
100,000 or more, or a city whose population is 60,000 or more, the 17
business will, not later than the date which is 2 years after the date 18
on which the deduction becomes effective, make a capital 19
investment in the county or city of: 20
(1) At least $5,000,000 if the business is an industrial or 21
manufacturing business; or 22
(2) At least $1,000,000 if the business is not an industrial or 23
manufacturing business, 24
in capital assets that will be retained at the location of the 25
business in that county or city until at least the date which is 5 26
years after the date on which the deduction becomes effective. 27
(b) If the business is a new business in a county whose 28
population is less than 100,000, in an area of a county whose 29
population is 100,000 or more that is located within the 30
geographic boundaries of an area that is designated as r ural by 31
the United States Department of Agriculture and at least 20 miles 32
outside of the geographic boundaries of an area designated as 33
urban by the United States Department of Agriculture, or in a city 34
whose population is less than 60,000, the business wi ll, not later 35
than the date which is 2 years after the date on which the 36
deduction becomes effective, make a capital investment in the 37
county or city of: 38
(1) At least $1,000,000 if the business is an industrial or 39
manufacturing business; or 40
(2) At least $250,000 if the business is not an industrial or 41
manufacturing business, 42
in capital assets that will be retained at the location of the 43
business in that county or city until at least the date which is 5 44
years after the date on which the deduction becomes effective. 45
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3. If a partial deduction from the taxes imposed by th is 1
chapter on personal property is approved by the Office of 2
Economic Development pursuant to section 3 of this act: 3
(a) The partial deduction must be: 4
(1) For a duration of at least 1 year but not more than 10 5
years; 6
(2) Subject to the limitations set forth in subsections 5 and 7
6 of section 3 of this act, in an amount calculated pursuant to 8
subsection 3 of section 3 of this act; and 9
(3) Administered and carried out in the manner set forth in 10
section 3 of this act. 11
(b) The Executive Director of the Office of Economic 12
Development shall notify the county assessor of the county in 13
which the business is or will be located of the approval of the 14
partial deduction, including, without limitation, the duration and 15
percentage of the partial deduction that the Office granted. The 16
Executive Director sha ll, on or before April 15 of each year, 17
advise the county assessor of each county in which a business 18
qualified for a partial deduction during the current fiscal year as 19
to whether the business is still eligible for the partial deduction in 20
the next succeeding fiscal year. 21
4. As used in this section, “high -impact business” has the 22
meaning ascribed to it in section 3 of this act. 23
Sec. 14. Chapter 363B of NRS is hereby amended by adding 24
thereto a new section to read as follows: 25
1. An employer who intends to locate or expand a high -26
impact business in this State may, pursuant to section 3 of this act, 27
apply to the Office of Economic Development for a partial 28
deduction from the taxes otherwise due pursuant to 29
NRS 363B.110. 30
2. If a partial deduction from the taxes otherwise due 31
pursuant to NRS 363B.110 is approved by the Office of Economic 32
Development pursuant to section 3 of this act, the partial 33
deduction must be: 34
(a) For a duration of at least 1 year but not more than 10 35
years. 36
(b) Administered and carried out in the manner set forth in 37
section 3 of this act. 38
(c) In the amount calculated pursuant to subsection 3 of 39
section 3 of this act , subject to the limitations set forth in 40
subsections 5 and 6 of section 3 of this act. 41
3. As used in this section, “high -impact business” has the 42
meaning ascribed to it in section 3 of this act. 43
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Sec. 15. Chapter 374 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. A person who expands or intends to locate a business in 3
this State may, pursuant to section 3 of this act, apply to the Office 4
of Economic Development for a partial deduction from the taxes 5
imposed by th is chapter on the gross receipts from the sale, and 6
the storage, use or other consumption, of eligible machinery or 7
equipment for use by a business which has been approved for a 8
partial deduction pursuant to section 3 of this act. 9
2. If an application for a partial deduction is approved 10
pursuant to section 3 of this act: 11
(a) The taxpayer is eligible for a deduction from the tax 12
imposed by this chapter for a duration of at least 1 year but not 13
more than 10 years. 14
(b) The deduction must be administered and carried out in the 15
manner set forth in section 3 of this act. 16
(c) Subject to the limitations set forth in subsections 5 and 6 of 17
section 3 of this act, the deduction must be in the amount 18
calculated pursuant to subsection 3 of section 3 of this act. 19
3. As used in this section: 20
(a) “Eligible machinery or equipment” means machinery or 21
equipment for which a deduction is authorized pursuant to 26 22
U.S.C. § 179. The term does not include: 23
(1) Buildings or the structural components of buildings; 24
(2) Equipment used by a public utility; 25
(3) Equipment used for medical treatment; 26
(4) Machinery or equipment used in mining; or 27
(5) Machinery or equipment used in gaming. 28
(b) “High-impact business” has the meaning ascribed to it in 29
section 3 of this act. 30
Sec. 16. NRS 218D.355 is hereby amended to read as follows: 31
218D.355 1. Except as otherwise provided in NRS 360.753, 32
360.754, 360.893 and 360.965, and section 3 of this act, any state 33
legislation enacted on or af ter July 1, 2012, which authorizes or 34
requires the Office of Economic Development to approve any 35
abatement or deduction of taxes or increases the amount of any 36
abatement or deduction of taxes which the Office is authorized or 37
required to approve: 38
(a) Expires by limitation 10 years after the effective date of that 39
legislation. 40
(b) Does not apply to: 41
(1) Any taxes imposed pursuant to NRS 374.110 and 42
374.111 or 374.190 and 374.191; or 43
(2) Any entity that receives: 44
– 32 –
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(I) Any funding from a government al entity, other than 1
any private activity bonds as defined in 26 U.S.C. § 141; or 2
(II) Any real or personal property from a governmental 3
entity at no cost or at a reduced cost. 4
(c) Requires each recipient of the abatement or deduction to 5
submit to the Department of Taxation, on or before the last day of 6
each even -numbered year, a report on whether the recipient is in 7
compliance with the terms of the abatement [.] or deduction. The 8
Department of Taxation shall establish a form for the report and 9
may ado pt such regulations as it determines to be appropriate to 10
carry out this paragraph. The report must include, without 11
limitation: 12
(1) The date the recipient commenced operation in this State; 13
(2) The number of employees actually employed by the 14
recipient and the average hourly wage of those employees; 15
(3) An accounting of any fees paid by the recipient to the 16
State and to local governmental entities; 17
(4) An accounting of the property taxes paid by the recipient 18
and the amount of those taxes that would have been due if not for 19
the abatement [;] or deduction; 20
(5) An accounting of the sales and use taxes paid by the 21
recipient and the amount of those taxes that would have been due if 22
not for the abatement [;] or deduction; 23
(6) An accounting of the total capital investment made in 24
connection with the project to which the abatement or deduction 25
applies; and 26
(7) An accounting of the total investment in personal 27
property made in connection with the project to which the 28
abatement or deduction applies. 29
2. On or before January 15 of each odd -numbered year, the 30
Department of Taxation shall: 31
(a) Based upon the information submitted to the Department of 32
Taxation pursuant to paragraph (c) of subsection 1, prepare a written 33
report of its findings regarding whether the costs of the abatement or 34
deduction exceed the benefits of the abatement [;] or deduction; 35
and 36
(b) Submit the report to the Director for transmittal to the 37
Legislature. 38
Sec. 17. Chapter 231 of NRS is hereby amended by adding 39
thereto the provisions set forth as sections 18 and 19 of this act. 40
Sec. 18. “Primary jobs” has the meaning ascribed to it in 41
section 2 of this act. 42
Sec. 19. 1. The Office shall establish and administer a 43
Community Infrastructure Grant Program as a competitive grant 44
program to award grants, in accorda nce with this section, to 45
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qualified entities to construct qualified infrastructure projects or 1
rural housing projects. 2
2. The Community Infrastructure Grant Program Account is 3
hereby created in the State General Fund. The Executive Director 4
shall administer the Account. 5
3. The interest and income earned on money in the Account, 6
after deducting any applicable charges, must be credited to the 7
Account. 8
4. Any money remaining in the Account at the end of the 9
fiscal year does not revert to the State Genera l Fund, and the 10
balance in the Account must be carried forward to the next fiscal 11
year. 12
5. The Executive Director may accept gifts, grants and 13
donations from any source for deposit in the Account. Such gifts, 14
grants and donations must not be used to redu ce or supplant the 15
amount or percentage of any money that would otherwise be made 16
available to carry out the provisions of this section. 17
6. The money in the Account must only be used to award 18
grants to qualified entities to pay the costs associated with 19
constructing a qualified infrastructure project or rural housing 20
project that: 21
(a) Is necessary to facilitate the expansion or relocation of a 22
business within the State or to address a critical housing shortage 23
in a rural area; 24
(b) Supports the creation of primary jobs; and 25
(c) Addresses: 26
(1) A recognized infrastructure need that aligns with the 27
State Plan for Economic Development and contributes to the 28
development of industries which are identified in the State Plan 29
for Economic Development as industr ies that should be targeted 30
for development; or 31
(2) A critical housing need in a rural area and will enhance 32
community sustainability and economic growth. 33
7. The Office shall use not more than 50 percent of the total 34
funds appropriated to the Account t o provide grants for rural 35
housing projects. 36
8. The Office shall, in consultation with the Housing Division 37
of the Department of Business and Industry, regional development 38
authorities and local governments, adopt a process for qualified 39
entities to appl y for a grant from the Account. The application 40
must include, without limitation: 41
(a) A detailed description of the project for which the grant is 42
sought, including, without limitation, the scope of work, the 43
location of the project and the projected cost of the project; 44
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(b) A demonstration that the project will address a recognized 1
infrastructure need that aligns with the State Plan for Economic 2
Development or address a critical housing need in a rural area; 3
(c) Evidence that the project is supported by the local 4
government of the jurisdiction in which the project will be located 5
and the regional development agency for that location; 6
(d) A plan to finance the project, including the sources of 7
funding for the project, and the timeline to complete the pro ject; 8
and 9
(e) An analysis of the anticipated economic and social benefits 10
that the project will provide to the State and the local community , 11
including, without limitation, the creation of jobs , increases to tax 12
revenues or the availability of housing. 13
9. In awarding grants from the Account, the Office shall 14
prioritize applications for projects that: 15
(a) Eliminate infrastructure barriers that prevent the location 16
or expansion of businesses in this State; 17
(b) Provide long -term benefits that stabilize and diversify the 18
tax base of the State; 19
(c) Align with regional and state economic development goals; 20
(d) Will allow the State to attract or retain businesses in 21
industries that are targeted for growth under the State Plan for 22
Economic Development; and 23
(e) Leverage local, federal or private sources of funding to 24
maximize the financial impact of a grant from the Account. 25
10. The Office shall adopt regulations necessary to carry out 26
the provisions of this section. 27
11. As used in this section: 28
(a) “Qualified entity” means: 29
(1) A regional development authority that is assisting a new 30
or expanding business that requires infrastructure improvements 31
to support the expansion or relocation of the business; 32
(2) A local government seeking financial assista nce for a 33
project that is necessary to support the expansion or relocation of 34
a business or the development of housing in the jurisdiction of the 35
local government; or 36
(3) An entity which has executed an agreement with a local 37
government for the developme nt of a rural housing project in a 38
rural area. 39
(b) “Qualified infrastructure project” means: 40
(1) A project for the construction of new or extended utility 41
infrastructure, including, without limitation, water, sewer, gas, 42
electric or broadband infrastructure; 43
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(2) A project for the construction of transportation 1
infrastructure, including, without limitation, roads, bridges or 2
public transit infrastructure; 3
(3) The acquisition of land or site preparation necessary to 4
construct infrastructure; 5
(4) A pr oject for the construction of infrastructure 6
necessary to support a residential housing development, including, 7
without limitation, housing that is for sale, housing that is for rent 8
or workforce housing; 9
(5) A project for the construction of a wastewate r treatment 10
plant, a storm water management system, a renewable energy 11
project or other public facilities; or 12
(6) Any other project for the construction of infrastructure 13
which the Office determines is necessary for economic 14
development or to address a critical housing shortage. 15
(c) “Rural area” means: 16
(1) A county whose population is less than 100,000; or 17
(2) An incorporated city whose population is less than 18
60,000. 19
Sec. 20. NRS 231.002 is hereby amended to read as follows: 20
231.002 As used in this chapter, unless the context otherwise 21
requires, the words and terms defined in NRS 231.003 to 231.0095, 22
inclusive, and section 18 of this act, have the meanings ascribed to 23
them in those sections. 24
Sec. 21. NRS 231.053 is hereby amended to read as follows: 25
231.053 After considering any advice and recommendations of 26
the Board, the Executive Director: 27
1. Shall direct and supervise the administrative and technical 28
activities of the Office. 29
2. Shall develop and [may periodically ] , at least biennially, 30
revise a State Plan for Economic Development, which: 31
(a) Must include a statement of: 32
(1) New industries which have the potential to be developed 33
in this State [;] , including, without limitation: 34
(I) High-impact businesses, as defined in section 3 of 35
this act; and 36
(II) Industries which should be targeted for development 37
because they offer the greatest potential for economic growth and 38
diversification in this State; 39
(2) The strengths and we aknesses of this State for business 40
incubation; 41
(3) The competitive advantages and weaknesses of this State; 42
(4) The manner in which this State can leverage its 43
competitive advantages and address its competitive weaknesses; 44
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(5) The manner in which th is State can maximize the 1
efficient use of the water resources of this State through the 2
programs of economic development in this State; 3
(6) A strategy to encourage the creation and expansion of 4
businesses in this State and the relocation of businesses t o this State 5
[;] , including, without limitation, businesses that will reduce the 6
reliance of the State on imported goods and services through 7
import substitution in sectors identified as critical to the economic 8
security of the State, including, without limitation, mineral 9
processing, battery production and health care; and 10
(7) Potential partners for the implementation of the strategy, 11
including, without limitation, the Federal Government, local 12
governments, local and regional organizations for economic 13
development, chambers of commerce, and private businesses, 14
investors and nonprofit entities; [and] 15
(b) Must include recommendations for workforce development 16
strategies, infrastructure improvements and community 17
engagement initiatives which will support the growth of the 18
industries identified pursuant to paragraph (a); and 19
(c) Must not include provisions for the granting of any 20
abatement, partial abatement , partial deduction or exemption from 21
taxes or any other incentive for economic development to a pe rson 22
who will locate or expand a business in this State that is subject to 23
the tax imposed pursuant to NRS 362.130 or the gaming license fees 24
imposed by the provisions of NRS 463.370. 25
3. Shall develop criteria for the designation of regional 26
development authorities pursuant to subsection 4. 27
4. Shall designate as many regional development authorities 28
for each region of this State as the Executive Director determines to 29
be appropriate to implement the State Plan for Economic 30
Development. In designating re gional development authorities, the 31
Executive Director must consult with local governmental entities 32
affected by the designation. The Executive Director may, if he or 33
she determines that such action would aid in the implementation of 34
the State Plan for Eco nomic Development, remove the designation 35
of any regional development authority previously designated 36
pursuant to this section and declare void any contract between the 37
Office and that regional development authority. 38
5. Shall establish procedures for ent ering into contracts with 39
regional development authorities to provide services to aid, promote 40
and encourage the economic development of this State. 41
6. May apply for and accept any gift, donation, bequest, grant 42
or other source of money to carry out the provisions of NRS 43
231.020 to 231.139, inclusive, and 231.1555 to 231.1597, inclusive. 44
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7. May adopt such regulations as may be necessary to carry out 1
the provisions of NRS 231.020 to 231.139, inclusive, and 231.1555 2
to 231.1597, inclusive. 3
8. In a manne r consistent with the laws of this State, may 4
reorganize the programs of economic development in this State to 5
further the State Plan for Economic Development. If, in the opinion 6
of the Executive Director, changes to the laws of this State are 7
necessary to implement the economic development strategy for this 8
State, the Executive Director must recommend the changes to the 9
Governor and the Legislature. 10
Sec. 22. NRS 231.0685 is hereby amended to read as follows: 11
231.0685 The Office shall, on or before January 15 of each 12
odd-numbered year, prepare and submit to the Director of the 13
Legislative Counsel Bureau for transmission to the Legislature a 14
report concerning the abatements from taxation that the Office 15
approved pursuant to NRS 274.310, 274.320, 274.330, 360.750, 16
360.753 or 360.754 [.] and the deductions that the Office approved 17
pursuant to section 3 of this act. The report must set forth, for each 18
abatement or deduction from taxation that the Office approved 19
during the fiscal years which are 3 fiscal years and 6 fiscal years 20
immediately preceding the submission of the report: 21
1. The dollar amount of the abatement [;] or deduction; 22
2. The location of the business for which the abatement or 23
deduction was approved; 24
3. The value of infrastructure included as an incentive for the 25
business; 26
4. If applicable, the number of employees that the business for 27
which the abatemen t or deduction was approved employs or will 28
employ; 29
5. Whether the business for which the abatement or deduction 30
was approved is a new business or an existing business; 31
6. The economic sector in which the business operates, the 32
number of primary jobs r elated to the business, the average wage 33
paid to employees of the business and the assessed values of 34
personal property and real property of the business; 35
7. Any information concerning whether the business for which 36
the abatement or deduction was approve d participates or has 37
participated in a program of workforce development, as defined in 38
NRS 231.146, implemented by the Executive Director; and 39
8. Any other information that the Office determines to be 40
useful. 41
Sec. 23. NRS 231.1467 is hereby amended to read as follows: 42
231.1467 1. A person who wishes to provide a program of 43
workforce recruitment, assessment and training may apply to the 44
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Office for approval of the program. The application must be 1
submitted on a form prescribed by the Office. 2
2. Each application must include: 3
(a) The name, address, electronic mail address and telephone 4
number of the applicant; 5
(b) The name of each business for which the applicant will 6
provide the proposed program of workforce recruitment, assessment 7
and training; 8
(c) A statement of the objectives of the proposed program of 9
workforce recruitment, assessment and training; 10
(d) A description of the primary economic sector to be served by 11
the proposed program of workforce recruitment, as sessment and 12
training; 13
(e) Evidence of workforce shortages within the industry to be 14
served by the proposed program of workforce recruitment, 15
assessment and training; 16
(f) Evidence that there is an insufficient number of existing 17
programs to develop the w orkforce needed for the industry to be 18
served by the proposed program of workforce recruitment, 19
assessment and training; 20
(g) A statement of the number and types of jobs with the 21
business for which the applicant will provide the proposed program 22
of workforce recruitment, assessment and training that are available 23
or will be available upon completion of the proposed program; 24
(h) A statement demonstrating the past performance of the 25
applicant in providing programs of workforce development, 26
including, without limitation: 27
(1) The number and type of credentials and certifications 28
issued by programs of workforce development provided by the 29
applicant; and 30
(2) The number of businesses successfully served by the 31
programs of workforce development provided by the applicant; 32
(i) A proposed plan for the provision of the proposed program of 33
workforce recruitment, assessment and training on a statewide basis; 34
(j) A list of facilities that will be used by the proposed program 35
of workforce recruitment, assessment and training; 36
(k) A projection of the number of [primary] jobs in target 37
industries identified in the State Plan for Economic Development 38
that will be served by the proposed program of workforce 39
recruitment, assessment and training and the wages for those jobs; 40
(l) Evidence satisfactory to the Office that the proposed program 41
of workforce recruitment, assessment and training is consistent with 42
the unified state plan submitted by the Governor to the Secretary of 43
Labor pursuant to 29 U.S.C. § 3112; 44
(m) A workforce [diversity] development action plan; 45
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(n) The estimated cost of the proposed program of workforce 1
recruitment, assessment and training; 2
(o) A statement by the business for which the applicant will 3
provide the proposed program of workforce recruitment, assessment 4
and training, which commits the business to report to the Office 5
required performance metrics to enable the Office to comply with 6
NRS 231.1513; 7
(p) A report from each business for which the applicant will 8
provide the proposed program of workforce recruitment, assessment 9
and training, which sets forth the basis for any furloughs or layoffs 10
conducted by the business in the 12 months immediately preceding 11
the date of the application for the job categories related to the 12
proposed program of workfor ce recruitment, assessment and 13
training; and 14
(q) Any other information requested by the Executive Director. 15
3. Any program of workforce recruitment, assessment and 16
training approved by the Office pursuant to this section must: 17
(a) Include a workforce [diversity] development action plan 18
approved by the Office; 19
(b) To the extent practicable, be provided on a statewide basis to 20
support the industrial and economic development of all geographic 21
areas of this State; and 22
(c) Result in a postsecondary or indu stry-recognized credential, 23
or an identifiable occupational skill that meets the applicable 24
industry standard. 25
4. The Office shall: 26
(a) Maintain on the Internet website of the Office a list of the 27
criteria for evaluating applications for approval of a p rogram of 28
workforce recruitment, assessment and training; 29
(b) Ensure, through coordination with relevant state agencies 30
and by reviewing any notices required pursuant to the federal 31
Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 32
2101 et. seq., and the regulations adopted pursuant thereto, that each 33
business for which an applicant that submitted an application 34
pursuant to this section will provide a program of workforce 35
recruitment, assessment and training: 36
(1) Is in compliance with the l aws of this State pertaining to 37
the conduct of businesses and employers; 38
(2) Is not excluded from receiving contracts from the Federal 39
Government as a result of being debarred; and 40
(3) Has included in the report submitted pursuant to 41
paragraph (p) of s ubsection 2 the basis for each furlough or layoff 42
conducted in the 12 months immediately preceding the date of the 43
application for the job categories related to the proposed program of 44
workforce recruitment, assessment and training; 45
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(c) Approve or disappr ove each application for approval of a 1
program of workforce recruitment, assessment and training within 2
60 days after receiving a complete application; and 3
(d) Provide notice of the approval or disapproval of each 4
application to the applicant within 10 da ys after approving or 5
disapproving the application. 6
5. An authorized provider that provides a program of 7
workforce recruitment, assessment and training approved by the 8
Office pursuant to this section or the governing body of a local 9
government within the jurisdiction of which the authorized provider 10
will provide the program may apply to the Office for an allocation, 11
grant or loan of money to defray in whole or in part the cost of the 12
program. The application must be submitted on a form prescribed by 13
the Office. 14
6. The Office shall approve or deny each application for an 15
allocation, grant or loan of money submitted pursuant to subsection 16
5 within 45 days after receipt of the application. When considering 17
an application, the Office shall give priority to a program of 18
workforce recruitment, assessment and training that will provide 19
workforce development services to one or more businesses that: 20
(a) Provide high -skill and high -wage jobs to residents of this 21
State, as defined by the Board of Economic Development; 22
(b) Provide postsecondary or industry -recognized credentials or 23
identifiable skills meeting the applicable industry standard, which 24
are not otherwise offered or not otherwise offered at scale in this 25
State; 26
(c) Impart a course of study for n ot more than 12 months that 27
delivers skills that are needed in the workforce; 28
(d) To the greatest extent practicable, use materials that are 29
produced or bought in this State; 30
(e) Are consistent with the State Plan for Economic 31
Development developed by th e Executive Director pursuant to 32
subsection 2 of NRS 231.053; and 33
(f) Are consistent with the unified state plan submitted by the 34
Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112. 35
7. An authorized provider may use money distributed pursua nt 36
to this section: 37
(a) To provide curriculum development and instructional 38
services; 39
(b) To pay for equipment or technology necessary to conduct the 40
training; 41
(c) To pay training fees or tuition for the program of workforce 42
recruitment, assessment and training, which are not otherwise 43
covered by the program budget or other workforce development 44
funding; 45
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(d) To promote the program of workforce recruitment, 1
assessment and training and for job recruiting and assessments 2
conducted through the program; 3
(e) To provide analysis of on-site training; 4
(f) To pay any costs relating to the rental of instructional 5
facilities, including, without limitation, utilities and costs relating to 6
the storage and transportation of equipment and supplies; 7
(g) To pay adminis trative and personnel costs, except that not 8
more than 10 percent of the money distributed pursuant to this 9
section is used for such purposes; and 10
(h) To pay any other costs, not including administrative and 11
personnel costs, necessary to effectively carry out the program of 12
workforce recruitment, assessment and training. 13
8. Equipment purchased with money distributed as a grant 14
pursuant to this section is the property of the Office. At the end of 15
the grant period, the Office may recapture the equipment fo r 16
redistribution to other programs of workforce recruitment, 17
assessment and training provided by an authorized provider. 18
9. A business in this State may apply to the Office to 19
participate in an approved program of workforce recruitment, 20
assessment and tr aining provided by an authorized provider. The 21
application must be submitted on a form prescribed by the Office 22
and must include, without limitation: 23
(a) The name, address and telephone number of the business; 24
(b) Proof satisfactory to the Office that the business is consistent 25
with the State Plan for Economic Development developed by the 26
Executive Director pursuant to subsection 2 of NRS 231.053; 27
(c) A description of the number and types of jobs that the 28
business expects will be created as a result of i ts participation in the 29
program of workforce recruitment, assessment and training and 30
the wages the business expects to pay to persons employed in those 31
jobs; 32
(d) The types of services which will be provided to the business 33
through the program of workfor ce recruitment, assessment and 34
training; 35
(e) A workforce [diversity] development action plan approved 36
by the Office; and 37
(f) Any other information required by the Office. 38
Sec. 24. NRS 231.151 is hereby amended to read as follows: 39
231.151 1. The Workforce Innovations for a New Nevada 40
Account is hereby created in the State General Fund. Any money 41
the Office receives pursuant to NRS 231.149 or that is appropriated 42
to carry out the provisions of NRS 231.141 to 231.152, incl usive [:] 43
, or 388.380: 44
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(a) Must be deposited in the State General Fund for credit to the 1
Account; and 2
(b) May only be used to carry out those provisions. 3
2. Except as otherwise provided in subsection 3, the balance 4
remaining in the Account that has not been committed for 5
expenditure on or before June 30 of an odd -numbered fiscal year 6
reverts to the State General Fund. 7
3. In calculating the uncommitted remaining balance in the 8
Account at the end of an odd -numbered fiscal year, any money in 9
the Accou nt that is attributable to a gift, grant, donation or 10
contribution: 11
(a) To the extent not inconsistent with a term of the gift, grant, 12
donation or contribution, shall be deemed to have been committed 13
for expenditure before any money that is attributable t o a legislative 14
appropriation; and 15
(b) Must be excluded from the calculation of the uncommitted 16
remaining balance in the Account at the end of each odd -numbered 17
fiscal year if necessary to comply with a term of the gift, grant, 18
donation or contribution. 19
4. The Office shall administer the Account. Any interest or 20
income earned on the money in the Account must be credited to the 21
Account. Any claims against the Account must be paid as other 22
claims against the State are paid. 23
Sec. 25. NRS 231.1513 is hereby amended to read as follows: 24
231.1513 The Office shall, on or before January 15 of each 25
odd-numbered year, prepare and submit to the Director of the 26
Legislative Counsel Bureau for transmission to the Legislature a 27
report c oncerning programs of workforce development which 28
receive money from the Workforce Innovations for a New Nevada 29
Account created by NRS 231.151. The report must include: 30
1. A summary of the expenditures from the Account; 31
2. A summary of the outcomes of the programs of workforce 32
development which receive money from the Account, including, 33
without limitation, the number of persons trained by each program, 34
the number of persons employed by businesses that participate in 35
each program and the average wages of the employees who are 36
hired through each program; 37
3. An evaluation of the workforce [diversity] development 38
action plan of each authorized provider and each business that 39
participates in a program of workforce development; and 40
4. Any other information the Executive Director of the Office 41
determines is appropriate. 42
Sec. 26. NRS 231A.155 is hereby amended to read as follows: 43
231A.155 1. For the purposes of NRS 231A.0753, an impact 44
qualified active low-income community business is limited to those 45
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businesses which have their principal business operations in this 1
State and: 2
(a) Whose primary North American Industry Classification 3
System classification is within sector 31, 32 or 33 or sector 44 or 45; 4
or 5
(b) Are businesses that have 51 percent or more of its ownership 6
interest held by women, disabled veterans, persons who are lesbian, 7
gay, bisexual or transgender or members of a racial or ethnic 8
minority group. 9
2. A business must be considered an impact qualified active 10
low-income community business for the duration of the impact 11
qualified community development entity’s investment in, or loan to, 12
the business if the entity reasonably expects, at the time it makes the 13
investment or loan, that the business will continue to satisfy the 14
requirements for being an impact qualified active low -income 15
community business throughout the entire period of the investment 16
or loan. 17
3. Except as otherwise provided in this subsection, the 18
businesses limited by this section do not includ e any business that 19
derives or projects to derive 15 percent or more of its annual 20
revenue from the rental or sale of real estate. This exclusion does 21
not apply to a business that is controlled by, or under common 22
control with, another business if the second business: 23
(a) Does not derive or project to derive 15 percent or more of its 24
annual revenue from the rental or sale of real estate; and 25
(b) Is the primary tenant of the real estate leased from the first 26
business. 27
4. Except as otherwise provided in s ubsection 5, the following 28
businesses are not impact qualified active low -income community 29
businesses: 30
(a) A business that has received an abatement from taxation 31
pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753 or 32
360.754 [.] or a deduction pursuant to section 3 of this act. 33
(b) An entity that has liability for insurance premium tax on a 34
premium tax report filed pursuant to NRS 680B.030. 35
(c) A business engaged in banking or lending. 36
(d) A massage parlor. 37
(e) A bath house. 38
(f) A tanning salon. 39
(g) A country club. 40
(h) A business operating under a nonrestricted license for 41
gaming issued pursuant to NRS 463.170. 42
(i) A liquor store. 43
(j) A golf course. 44
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5. A business that has received an abatement from taxation 1
pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753 or 2
360.754 or a deduction pursuant to section 3 of this act is an 3
impact qualified active low -income community business if the 4
business elects to waive the abatement or deduction and provides 5
written notice of the waiver of the abatement or deduction to the 6
Office of Economic Development not later than the due date of the 7
first payment of any tax which would be abated or deducted if 8
the abatement or deduction became effective. If the business 9
provides the written notice to the Office of Economic Development: 10
(a) Within the period required by this subsection: 11
(1) Any agreement entered into by the business and the 12
Office of Economic Development pursuant to NRS 274.310, 13
274.320, 274.330, 360.750, 360.753 or 360.754 or section 3 of this 14
act is void; and 15
(2) The Office of Economic Development must forward a 16
copy of the written notice to the Department and each governmental 17
entity or official to whom a copy of the certif icate of eligibility for 18
the abatement or deduction was forwarded. 19
(b) After the period required by this subsection has expired, the 20
Office of Economic Development must provide written notice to the 21
Department and the business that the abatement or deduct ion has 22
not been waived and the business is not an impact qualified active 23
low-income community business. 24
Sec. 27. NRS 231A.170 is hereby amended to read as follows: 25
231A.170 1. For the purpose of NRS 231A.110, a qualified 26
active low -income community business is limited to those 27
businesses meeting the Small Business Administration size 28
eligibility standards established in 13 C.F.R. §§ 121.101 to 201, 29
inclusive, at th e time the qualified low -income community 30
investment is made. A business must be considered a qualified 31
active low -income community business for the duration of the 32
qualified community development entity’s investment in, or loan to, 33
the business if the entity reasonably expects, at the time it makes the 34
investment or loan, that the business will continue to satisfy the 35
requirements for being a qualified active low -income community 36
business, other than the Small Business Administration size 37
standards, throughout the entire period of the investment or loan. 38
2. Except as otherwise provided in this subsection, the 39
businesses limited by this section do not include any business that 40
derives or projects to derive 15 percent or more of its annual 41
revenue from the rental or sale of real estate. This exclusion does 42
not apply to a business that is controlled by, or under common 43
control with, another business if the second business: 44
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(a) Does not derive or project to derive 15 percent or more of its 1
annual revenue from the rental or sale of real estate; and 2
(b) Is the primary tenant of the real estate leased from the first 3
business. 4
3. Except as otherwise provided in subsection 4, the following 5
businesses are not qualified active low -income community 6
businesses: 7
(a) A business that has received an abatement from taxation 8
pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753 or 9
360.754 [.] or a deduction pursuant to section 3 of this act. 10
(b) An entity that has liability for insurance premium tax on a 11
premium tax report filed pursuant to NRS 680B.030. 12
(c) A business engaged in banking or lending. 13
(d) A massage parlor. 14
(e) A bath house. 15
(f) A tanning salon. 16
(g) A country club. 17
(h) A business operating under a nonrestricted license for 18
gaming issued pursuant to NRS 463.170. 19
(i) A liquor store. 20
(j) A golf course. 21
4. A business that has received an abatement from taxation 22
pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753 or 23
360.754 or a deduction pursuant to section 3 of this act is a 24
qualified active low -income community business if the business 25
elects to waive the abatement or deduction and provides written 26
notice of the waiver of the abatement or deduction to the Office of 27
Economic Development not later than the due date of the first 28
payment of any tax which would be abated or deducted if the 29
abatement or deduction became effective. If the business provides 30
the written notice to the Office of Economic Development: 31
(a) Within the period required by this subsection: 32
(1) Any agreement entered into by the business and the 33
Office of Economic Developme nt pursuant to NRS 274.310, 34
274.320, 274.330, 360.750, 360.753 or 360.754 or section 3 of this 35
act is void; and 36
(2) The Office of Economic Development mus t forward a 37
copy of the written notice to the Department and each governmental 38
entity or official to whom a copy of the certificate of eligibility for 39
the abatement or deduction was forwarded. 40
(b) After the period required by this subsection has expired, the 41
Office of Economic Development must provide written notice to the 42
Department and the business that the abatement or deduction has 43
not been waived and the business is not a qualified active low -44
income community business. 45
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Sec. 28. Chapter 232 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. The Department and the Office of Economic Development 3
shall jointly establish a program to reimburse qualified persons 4
who are or were enrolled in an institution within the Nevada 5
System of Higher Education for: 6
(a) Tuition, registration fees or other mandatory fees to enroll 7
in courses that lead to an undergraduate degree or certificate in a 8
trade-related field at an institution within the System. 9
(b) Living expenses, educational supplies and other expenses 10
associated with completing a program that leads to an 11
undergraduate degree or certificate in a trade -related field at an 12
institution within the System. 13
2. A person who rec eives reimbursement pursuant to this 14
section must repay the amount of the reimbursement unless the 15
person: 16
(a) Completes the program in a trade -related field for which 17
the reimbursement was received. 18
(b) Maintains employment in a trade -related field in a rural 19
county for not less than 2 years after completing the program. 20
(c) Commences his or her employment in a trade -related field 21
in a rural county within 1 year after completing the program. 22
3. The Office of Economic Development shall: 23
(a) In coordination with the Department of Education and the 24
Department, establish criteria to review and approve applications 25
for reimbursement submitted pursuant to this section. 26
(b) Collaborate with employers and industry representative s in 27
rural counties to create job placement programs that align with 28
the education and skills acquired by persons who complete 29
programs in trade -related fields provided by an institution within 30
the Nevada System of Higher Education, giving priority to 31
programs that will support the hir ing of qualified persons who 32
receive reimbursement pursuant to this section and for which 33
alternative programs are not available, including, without 34
limitation, construction, health care, renewable energy and 35
advanced manufacturing. 36
(c) On or before August 1 of each year, publish a report on the 37
Internet website of the Office detailing the number of qualified 38
persons who received reimbursement pursuant to this section and 39
the impact of the program established pursuant to subsection 1 on 40
workforce development in rural counties. 41
(d) Adopt regulations necessary to carry out the provisions of 42
this section , including, without limitation, regulations 43
establishing: 44
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(1) The form and requirements for any application for 1
reimbursement pursuant to this section. 2
(2) The fields that are trade -related fields for the purposes 3
of this section. 4
(3) The terms under which repayment must be made 5
pursuant to subsection 2. 6
(4) Any reporting requirements or other mechanisms that 7
will be used by the Office to track complia nce with the 8
requirements of subsection 2. 9
4. As used in this section: 10
(a) “Qualified person” means a person who has successfully 11
completed a program of career and technical education provided 12
by a school district pursuant to NRS 388.380. 13
(b) “Rural co unty” means a county whose population is less 14
than 100,000. 15
Sec. 29. NRS 232.900 is hereby amended to read as follows: 16
232.900 As used in NRS 232.900 to 232.990, inclusive, and 17
section 28 of this act, unless the context otherwise requires: 18
1. “Department” means the Department of Employment, 19
Training and Rehabilitation. 20
2. “Director” means the Director of the Department. 21
Sec. 30. NRS 353.207 is hereby amended to read as follows: 22
353.207 1. The Chief shall: 23
(a) Require the Office of Economic Development and the Office 24
of Energy each periodically to conduct an analysis of the r elative 25
costs and benefits of each incentive for economic development 26
previously approved by the respective office and in effect during the 27
immediately preceding 2 fiscal years, including, without limitation, 28
any abatement of taxes approved by the Office o f Economic 29
Development pursuant to NRS 274.310, 274.320, 274.330, 360.750, 30
360.753, 360.754, 360.890, 360.950, 361.0687, 374.357 or 31
701A.210, or a deduction approved pursuant to section 3 of this 32
act, to assist the Governor and the Legislature in determining 33
whether the economic benefits of the incentive have accomplished 34
the purposes of the statute pursuant to which the incentive was 35
approved and warrant additional incentives of that kind; 36
(b) Require each office to report in writing to the Chief the 37
results of the analysis conducted by the office pursuant to paragraph 38
(a); and 39
(c) Establish a schedule for performing and reporting the results 40
of the analysis required by paragraph (a) which ensures that the 41
results of the analysis reported by each office are included in the 42
proposed budget prepared pursuant to NRS 353.205, as required by 43
that section. 44
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2. Each report prepared for the Chief pursuant to this section is 1
a public record and is open to inspection pursuant to the provisions 2
of NRS 239.010. 3
Sec. 31. Chapter 388 of NRS is hereby amended by adding 4
thereto a new section to read as follows: 5
1. To the extent money is made available for this purpose by 6
the Department of Employment, Training and Rehabilitation, t he 7
State Board shall, in collaboration with the Department of 8
Employment, Training and Rehabilitation and the Office of 9
Economic Development , establish a program to incentivize 10
industry professionals to act as part -time teachers for programs of 11
career and technical education by providing stipends to the 12
employer of such industry professionals to reimburse them for the 13
time such employees dedicate to teaching. 14
2. Under the program established pursuant to subsection 1 , 15
employers may receive a stipend for up to 120 hours of teaching 16
time per year, at a fixed hourly rate established by the State Board. 17
3. An employer that applies for and is app roved for a stipend 18
pursuant to this section may elect to donate the amount of the 19
stipend to the school district in which the employee teaches to be 20
used for costs associated with the program of career and technical 21
education. 22
4. An employer that receives a stipend must provide the 23
employee with the full compensation and benefits which the 24
employee would receive if the employee was not acting as a part -25
time teacher for a program of career and technical education. 26
5. The employee for wh om a stipend is r eceived must be 27
qualified to act as a teacher of career and technical education by 28
holding the appropriate license to teach such a course. 29
6. The State Board shall adopt regulations necessary to carry 30
out the provisions of this section, including, withou t limitation, 31
provisions establishing: 32
(a) The eligibility requirements for employers to receive a 33
stipend; 34
(b) The process for applying for a stipend; and 35
(c) A requirement for each employer that receives a stipend to 36
submit an annual report detailing the number of hours taught by 37
the employees of the employer and the impact of the employee’s 38
work as an instructor for a program of career and technical 39
education. 40
Sec. 32. NRS 388.380 is hereby amended to read as follows: 41
388.380 1. Except as otherwise provided in subsection 3, the 42
board of trustees of a school district in a county whose population is 43
100,000 or more shall and any other board of trustees of a school 44
district may: 45
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(a) Establish and maintain a program of career and technical 1
education [giving] : 2
(1) Giving instruction in the subjects approved by the State 3
Board [.] ; and 4
(2) Which includes curricula designed in cooperation with 5
local businesses through talent pipelin e agreements pursuant to 6
subsection 5. 7
(b) Raise and expend money [for the] : 8
(1) For the establishment and maintenance of a program of 9
career and technical education. 10
(2) To support partnerships under talent pipeline 11
agreements entered into pursuant to subsection 5. 12
2. A pupil who successfully completes a program of career and 13
technical education and who otherwise satisfies the requirements for 14
graduation from high school must be awarded a high school diploma 15
with an endorsement indicating that the pupil has successfully 16
completed the program of career and technical education. The 17
provisions of this subsection do not preclude a pupil from receiving 18
more than one endorsement on his or her diploma, if applicable. 19
3. The board of trustees of each scho ol district shall 20
incorporate into the curriculum: 21
(a) Guidance and counseling in career and technical education in 22
accordance with NRS 389.041; [and] 23
(b) Technology [.] ; and 24
(c) Work-based learning that includes practical, hands -on 25
learning experience s provided through internships, 26
apprenticeships or short -term career experiences in collaboration 27
with local businesses under a talent pipeline agreement entered 28
into pursuant to subsection 5. 29
4. The State Board shall adopt regulations [prescribing] : 30
(a) Prescribing the endorsement of career and technical 31
education for a high school diploma. 32
(b) Establishing criteria which businesses must meet to be 33
eligible to enter into a talent pipeline agreement. 34
(c) Necessary to carry out the provisions of this section. 35
5. The board of trustees of a school district that offers a 36
program of career and technical education shall enter into talent 37
pipeline agreements with local businesses to facilitate the 38
participation of pupils in internships , apprenticeships and short-39
term career experiences . A talent pipeline agreement must be 40
designed to align programs of career and technical education with 41
local workforce needs and must include: 42
(a) Annual career experiences for pupils , including, without 43
limitation, job shad owing, site tours or other short -term 44
experiences which expose pupils to career options. 45
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(b) Paid or unpaid internships and apprenticeships offered to 1
pupils during the summer or as part -time positions during the 2
school year. 3
(c) Agreements by businesses to prioritize the hiring of high 4
school graduates who have completed an internship, 5
apprenticeship or other career readiness activity under the talent 6
pipeline agreement. 7
(d) Career counseling for pupils, including, without limitation, 8
guidance on naviga ting internship and apprenticeship 9
opportunities and understanding employment opportunities that 10
are available after graduation. 11
6. The Office of Economic Development, in collaboration 12
with the Department, shall establish a program to award grants to 13
school districts that have active talent pipeline agreements with 14
local businesses using funds from the Workforce Innovations for 15
a New Nevada Account created by NRS 231.151. Such grant 16
funding may be used to improve or expand the programs of career 17
and techn ical education within the recipient school district, 18
including, without limitation, by: 19
(a) Purchasing equipment upgrades relevant to the industry 20
sectors for which the school district has active talent pipeline 21
agreements; or 22
(b) Constructing or renovating shared training spaces used by 23
pupils and participating businesses. 24
7. On or before January 15 of each year, a business which is 25
party to an active talent pipeline agreement shall submit to the 26
State Board and the Office of Economic Development a report that 27
includes, without limitation: 28
(a) The number of pupils who participated in internships, 29
apprenticeships or other career experiences in the immediately 30
preceding year. 31
(b) The number of employees currently employed by the 32
business who, as pupils, participated in internships, 33
apprenticeships or other career experiences under the talent 34
pipeline agreement. 35
Sec. 33. NRS 701A.210 is hereby amended to read as follows: 36
701A.210 1. Except as otherwise provided in this section, the 37
Office of Economic Development may grant a business a partial 38
abatement from the taxes imposed on real property pursuant to 39
chapter 361 of NRS if : [a:] 40
(a) [Business that engages] The business: 41
(1) Engages in the primary trade of preparing, fabricating, 42
manufacturing or otherwise processing raw material or an 43
intermediate product through a process in which at least 50 percent 44
of the material or product is recycled on-site; [or 45
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(b) Business that includes] 1
(2) Includes as a primary component a facility for the 2
generation of electricity from recycled material [, 3
is found by the Office of Economic Development to have ] or a 4
facility for the production of biofuels, biomass or other primary 5
fuels for energy production from recycled material; or 6
(3) Primarily engages in the recycling or repurposing of 7
materials that were used to produce or store renewable energy, 8
including, without limitation, materials used in solar panels or 9
waste materials resulting from the extraction of minerals; 10
(b) The Office finds that the business has as a primary purpose 11
the conservation of energy , [or] the substitution of other sources of 12
energy for fossil sources of energy [and] or the advancement of the 13
environmental sustainability and energy goals of this State; 14
(c) The business obtains certification from the Office [of 15
Economic Development ] pursuant to NRS 360.750 [, the Office 16
may, if the] ; and 17
(d) The business [additionally] satisfies the requirements set 18
forth in subsection 2 of NRS 361.0687 . [, grant to the business a 19
partial abatement from the taxes imposed on real property pursuant 20
to chapter 361 of NRS.] 21
2. If a partial abatement from the taxes imposed on real 22
property pursuant to chapter 361 of NRS is approved by the Office 23
of Economic Development pursuant to NRS 360.750 for a business 24
described in subsection 1: 25
(a) The partial abatement must: 26
(1) Be for a duration of at least 1 year but not more than 10 27
years; 28
(2) Not exceed 50 percent of the t axes on real property 29
payable by the business each year; and 30
(3) Be administered and carried out in the manner set forth in 31
NRS 360.750. 32
(b) The Executive Director of the Office of Economic 33
Development shall notify the county assessor of the county in which 34
the business is located of the approval of the partial abatement, 35
including, without limitation, the duration and percentage of the 36
partial abatement that the Office granted. The Executive Director 37
shall, on or before April 15 of each year, advise the county assessor 38
of each county in which a business qualifies for a partial abatement 39
during the current fiscal year as to whether the business is still 40
eligible for the partial abatement in the next succeeding fiscal year. 41
3. The partial abatement provi ded in this section applies only 42
to the business for which certification was granted pursuant to NRS 43
360.750 and the property used in connection with that business. The 44
exemption does not apply to property in this State that is not related 45
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to the business for which the certification was granted pursuant to 1
NRS 360.750 or to property in existence and subject to taxation 2
before the certification was granted. 3
4. As used in this section [, “facility] : 4
(a) “Anaerobic digestion” means the breaking down of 5
organic waste using anaerobic bacteria to create biofuel. 6
(b) “Biofuel” means any alcohol, ether, ester or other 7
chemical compound made from herbaceous plants, woody plants 8
or organic waste. 9
(c) “Biomass” means any organic matter that is available on a 10
renewable basis, including, without limitation: 11
(1) Agricultural crops and agricultural wastes and 12
residues; 13
(2) Wood and wood wastes and residues; 14
(3) Animal wastes; 15
(4) Municipal wastes; and 16
(5) Aquatic plants. 17
(d) “Facility for the generation of electricity from recycled 18
material” means a facility for the generation of electricity that uses 19
recycled material as its primary fuel, including material from: 20
[(a)] (1) Industrial or domestic waste, other than hazardous 21
waste, even though it includes a product made from oil, natural gas 22
or coal, such as plastics, asphalt shingles or tires; 23
[(b)] (2) Agricultural crops, whether terrestrial or aquatic, and 24
agricultural waste, such as manure and residue from crops; and 25
[(c)] (3) Municipal waste, such as sewage and sludge. 26
The term includes all the equipment in the facility used to process 27
and convert into electricity the energy derived from a recycled 28
material fuel [.] and a facility for the generation of electricity 29
through modified microbial fuel cells. 30
(e) “Facility for the production of biofuels, biomass or other 31
primary fuels from recycled material” means a facility for the 32
production of biofuels, biomass or other primary fuels that uses 33
recycled material to produce biofuels, biomass or other primary 34
fuels for use in the generation of energy, including material from: 35
(1) Industrial or domestic waste, other than hazardous 36
waste, even though it includes a product m ade from oil, natural 37
gas or coal, such as plastics, asphalt shingles or tires; 38
(2) Agricultural crops, whether terrestrial or aquatic, and 39
agricultural waste, such as manure and residue from crops; and 40
(3) Municipal waste, such as sewage and sludge. 41
The term includes all the equipment in the facility used to 42
process and convert into biofuels, biomass or other primary fuels 43
the energy derived from a recycled material and a facility for the 44
production of biofuels, biomass or other primary fuels through 45
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gasification and pyrolysis, anaerobic digestion, the recovery of gas 1
from landfills, triboelectric devices or the recycling of solar 2
panels. 3
(f) “Gasification and pyrolysis” means the use of heat to 4
convert waste into synthesis gas. 5
(g) “Modified microb ial fuel cell” means the use of 6
microorganisms to convert the chemical energy in organic waste 7
into electricity while simultaneously treating wastewater. 8
(h) “Recycled material” includes, without limitation, critical 9
materials, waste materials from the ex traction of minerals and 10
products for the production or storage of renewable energy that 11
are recycled or repurposed. 12
(i) “Renewable energy”: 13
(1) Means: 14
(I) Biomass; 15
(II) Fuel cells; 16
(III) Geothermal energy; 17
(IV) Solar energy; 18
(V) Waterpower; and 19
(VI) Wind. 20
(2) Does not include coal, natural gas, oil, propane or any 21
other fossil fuel, or nuclear energy. 22
(j) “Triboelectric device” means a device that converts energy 23
from ambient vibrations into electricity. 24
Sec. 34. Section 69 of chapter 2, Statutes of Nevada 2015, 25
29th Special Session, at page 54, is hereby amended to read as 26
follows: 27
Sec. 69. 1. This section and sections 1 to 32, 28
inclusive, 33.5, 34 to 45, inclusive, and 46 to 68, inclusive, of 29
this act become effective upon passage and approval. 30
2. Sections 1 to 18, inclusive, of this act expire by 31
limitation on June 30, [2032.] 2033. 32
3. The amendatory provisions of sections 30, 31, 34, 41 33
to 44, inclusive, 46 and 63 of this act expire by limitation on 34
June 30, [2032.] 2033. 35
4. Sections 33 and 45.5 of this act become effective on 36
July 1, [2032.] 2033. 37
Sec. 35. The provisions of subsection 1 of NRS 218D.380 do 38
not apply to any provision of this act which adds or revises a 39
requirement to submit a report to the Legislature. 40
Sec. 36. The provisions of NRS 354.599 do not apply to a ny 41
additional expenses of a local government that are related to the 42
provisions of this act. 43
Sec. 37. The Legislature her eby finds that each abatement or 44
deduction provided by this act from any ad valorem tax on property 45
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or excise tax on the sale, storage, use or other consumption of 1
tangible personal property sold at retail: 2
1. Will achieve a bona fide social or economic purpose and the 3
benefits of the abatement or deduction are expected to exceed any 4
adverse effect of th e abatement or deduction on the provision of 5
services to the public by the State or a local government that would 6
otherwise receive revenue from the tax from which the abatement or 7
deduction would be granted; and 8
2. Will not impair adversely the ability of the State or a local 9
government to pay, when due, all interest and principal on any 10
outstanding bonds or any other obligations for which revenue from 11
the tax from which the abatement or deduction would be granted 12
was pledged. 13
Sec. 38. NRS 231.1468 is hereby repealed. 14
Sec. 39. 1. This act becomes effective on July 1, 2025. 15
2. Sections 3, 13, 14, 15 and 33 of this act expire by limitation 16
on June 30, 2045. 17
TEXT OF REPEALED SECTION
231.1468 Required contents of workforce diversity action
plan. A workforce diversity action plan submitted to the Off ice
for approval pursuant to paragraph (a) of subsection 3 of NRS
231.1467 or paragraph (e) of subsection 9 of NRS 231.1467 must
include, without limitation:
1. A statement expressing a commitment to workforce
diversity, an explanation of the actions tha t will be taken and
strategies that will be implemented to promote workforce diversity
and the goals and performance measures which will be used to
measure the success of the plan in achieving those goals; and
2. A statement expressing a commitment to co mply with all
applicable federal and state laws.
H