AB 153 — Revises provisions governing performance contracts. (BDR 27-708)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

153153–Assemblywoman ABilbray-Axelrod SSEMBLYJoint BSponsor: ILLN O.

153–ASenator SSEMBLYWOMANBrooks BCHAPTER.......... ILBRAY -AXELROD FEBRUARY 18, 2021 ____________ JOINT SPONSOR :

SENATOR BROOKS ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing performance contracts.

(BDR 27-708) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

ExistingState lawGovernment, authorizesknown certainas agencies“using inagencies,” theto Executiveenter Departmentinto ofperformance thecontracts for the purchase and installation of operating cost-savings measures to reduce costs related to such matters as energy, water and the disposal of waste, and related labor costs.

(NRS 333A.010-333A.150) Section 2 of this bill makes a legislative declaration and states that it is the policy of the State to encourage, to the extent - *AB153_R1* – 2 – practicable, a using agency to:

(1) utilize the provisions related to a performance contract to implement operating cost-savings measures to reduce costs related to review whether the using agency could utilize a performance contract to implemently operating cost-savings measures to reduce costs related to energy, water or the disposal of waste,waste; or related labor costs.

Sectionand 3(2) ofcontinually thisreview billwhether authorizesthe suchusing an agency tocould requestutilize the reinvestment of savings realized under such a performance contract asto partimplement ofoperating thecost-savings processmeasures forto thereduce preparationcosts ofrelated theto proposedenergy, budgetwater ofor the Executivedisposal Department.of waste.

Section of this bill authorizes such an agency to request the reinvestment of savings realized under such a performance contract as part of the process for the preparation of the proposed budget of the Executive Department.

EXPLANATION – Matter in bolded italics is new;

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

- 81st Session (2021) – 2 – 1.

Reinvest into other operating cost-savings measures providedpro[1.] (a) Is satisfying all its other obligations under the localperformance government:contract;

[1.] (a) Is satisfying all its other obligations under the performance contract;

Utilize the process set forth in this chapter to implement any operating cost-savings measure to reduce costs related to energy, water or the disposal of waste,waste; or related labor costs;

Continually review whether the using agency could utilize the process set forth in this chapter to implement any operating cost-savings measure to reduce costs related to energy, water or the disposal of waste,waste. or related labor costs.

Except as otherwise provided in subsections 6 and 7, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the Executive Department of the State Government, and all agencies of the Executive Department of the State Government receiving state money, fees or other money under the authority of the State, including those operating on money designated for specific purposes - *AB153_R1* – 3 – by the Nevada Constitution or otherwise, shall prepare, on blanks furnished them by the Chief, and submit to the Chief:

(b) The number of full-time equivalent positions within the department, institution or agency that have been vacant for at least 12 months, the number of months each such position has been vacant and the reasons for each such vacancy.

(1)- A81st Session (2021) – 3 – contracts;A statement specifying the duration of the privatization (2) The number of privatization contracts proposed for the next 2 fiscal years and the estimated expenditures for the privatization contracts;

(2) The number of privatization contracts proposed for the next 2 fiscal years and the estimated expenditures for the privatization contracts;

(d) If the department, institution or agency has any existing performance contracts that it has entered into pursuant to chapter 333A of NRS, any request to reinvest any savings realized underunderter such a contract for the next 2 fiscal years.

- *AB153_R1* – 4 – 3.

The Budget Division of the Office of Finance shall give advance notice to the Fiscal Analysis Division of the Legislative Counsel Bureau of any conference between the Budget Division of the Office of Finance and personnel of other state agencies regarding budget estimates.

The estimates of expenditure requirements submitted pursuant to subsection 1 must be classified to set forth the data of funds, organizational units, and the character and objects of expenditures by program or budgetary account and by category of expense, and must include a mission statement and measurement indicators in adequate detail to comply with the requirements of - 81st Session (2021) – 4 – subparagraph (3) of paragraph (b) of subsection 1 of NRS 353.205.

If any department, institution or other agency of the Executive Department of the State Government, whether its money is derived from state money or from other money collected under the authority of the State, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the Chief may, from any data at hand in the Chief’s office or which the Chief may examine or obtain elsewhere, make and enter a proposed budget for thethe6.epaAgencies, department,bureaus, institutioncommissions orand agencyofficers inof accordancethehe with the data.

6.Legislative Department, the Public Employees’ Retirement System and the Judicial Department of the State Government shall submit to the Chief for his or her information in preparing the proposed executive budget the budgets which they propose to submit to the Legislature.

Agencies, bureaus, commissions and officers of the Legislative Department, the Public Employees’ Retirement System and the Judicial Department of the State Government shall submit to the Chief for his or her information in preparing the proposed executive budget the budgets which they propose to submit to the Legislature.

- *AB153_R1* – 5 – (a) Substantially similar to the services performed by the public emp(b)employees In lieu of the services otherwise authorized or required to be provided by the department, institution or agency.agency;

and (b) In lieu of the services otherwise authorized or required to be provided by the department, institution or agency.

H~~~~~ 21 - *AB153_R1*81st Session (2021)