AB 160 — Revises provisions relating to energy efficiency in certain state buildings. (BDR 58-725)

(ReprintedAssembly withBill amendmentsNo. adopted on May 23, 2017) SECOND REPRINT A.B.

160160–Assemblywoman ASwank SSEMBLYCHAPTER.......... BILL NO .

160–ASSEMBLYWOMAN SWANK PREFILED F EBRUARY 13, 2017 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to energy efficiency in certain state buildings.

(BDR 58-725) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

extending the maximum length of the terms of certain performance, lease-purchase and installment-installment-purchase purchase contracts;

Section 1 of this bill requires the State Public Works Division of the Department of Administration to conduct an evaluation on the feasibility of using alternatives to window replacement before the Division replaces windows in certain Departmentpublic ofbuildings Conservation and Naturalto Resourcesconsult whenwith makingthe suchOffice antionof Historic Preservation of the State evaluation of a public building that is at least 50 years old.

Section 1 exempts the Division from performing such an evaluation before replacing windows in a state prison facility or insExistinginstitution law authorizes certain state agencies to enter into a performance contract with a qualified service company for the purchase and installation of one or morewindows operatingthat cost-savingsare measures,broken. including modifications to windows, to reduce costs related to energy, water and the disposal of waste, and related labor costs.

(NRScontract 333A.075)with Existing law provides that the term of such a performancequalified contractservice maycompany notfor exceed 15 years after the datepurchase onand whichinstallation the work required by the provides that the terms of certainone installment-purchaseor andmore lease-purchaseoperating contractscost-savings -measures, *AB160_R2*including –modifications 2to –windows, entered into to financereduce acosts performancerelated contractto mayenergy, notwater exceedand 15 years after the datedisposal on which the work required by the installment-purchase or lease-purchase permissible length of thewaste, termsand ofrelated suchlabor performancecosts. contracts entered into by local governments is 25 years.

(NRS 333A.075) Existing law provides that the term of such a performance contract may not exceed 15 years after the date on which the work required by the performance contract is completed.

(NRS 333A.040, 333A.100) Existing law also provides that the terms of certain installment-purchase and lease-purchase contracts date on which the work required by the installment-purchase or lease-purchasethe contract is completed.

(NRS 333A.0902) Under existing law, the maximum permissible length of the terms of such performance contracts entered into by local governments is 25 years.

- 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

or (b)4.) AWhen brokenevaluating window.whether to replace the windows or use an alternative to window replacement pursuant to subsection 1 in a public building that is at least 50 years old, the Division must consult with the Office of Historic Preservation of the State Department of Conservation and Natural Resources.

4.The Division is not required to use an alternative to window replacement in a public building that is at least 50 years old if the Office of Historic Preservation recommends against using the alternative.

When evaluating whether to replace the windows or use an alternative to window replacement pursuant to subsection 1 in a public building that is at least 50 years old, the Division must consult with the Office of Historic Preservation of the State Department of Conservation and Natural Resources.

The Division is not required to use an alternative to window replacement in a - *AB160_R2* – 3 – public building that is at least 50 years old if the Office of Historic Preservation recommends against using the alternative.

- 79th Session (2017) – 3 – Sec.

333A.0902 In connection with any installment-purchase contract or lease-purchase contract entered into to finance a performanceper1.rmaGrant contract,a security interest in any property that is the Boardsubject may:of the installment-purchase contract or lease-purchase contract and execute an instrument to evidence such a security interest, including, without limitation, a deed of trust, a leasehold interest deed of trust, a mortgage or a financing agreement.

1.

Grant a security interest in any property that is the subject of the installment-purchase contract or lease-purchase contract and execute an instrument to evidence such a security interest, including, without limitation, a deed of trust, a leasehold interest deed of trust, a mortgage or a financing agreement.

and (b) Provides for rental payments that approximate the fair market rental of the property before the improvement is made, as determined by the Board at the time the parties enter into the lease, which must be paid if the installment-purchase contract or lease- purchase contract terminates before the expiration of the lease because the Legislature fails to appropriate money for payments due pursuant to the installment-purchase contract or lease-purchase contract.¬ A lease entered into pursuant to this subsection may provide for nominal rental payments to be paid pursuant to the lease before the installment-purchase contract or lease-purchase contract terminates.

¬ A lease entered into pursuant to this subsection may provide for nominal rental payments to be paid pursuant to the lease before the installment-purchase contract or lease-purchase contract terminates.

- *AB160_R2* – 4 – Sec.

- 79th Session (2017) – 4 – 2.

Except as otherwise provided in NRS 333A.0916, the term of a performance contract must not exceed [15] 20 years after the date on which the work required by the performance contract is completed.

(b) Compile and maintain an inventory of cultural resources in NevadaNev(c) deemedDesignate significantrepositories byfor the Administrator.materials that comprise the inventory.

(c) Designate repositories for the materials that comprise the inventory.

- *AB160_R2* – 5 – Office.The Comstock Historic District Commission is within the Sec.

The Comstock Historic District Commission is within the Office.

Sec.

3.

H~~~~~ 17 - *AB160_R2*79th Session (2017)