Nevada 2023 Regular Session Status: Enacted 1 D cosponsors

AB 98 — Revises provisions governing economic development. (BDR 18-760)

Last action — Approved by the Governor. Chapter 71.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 01, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on May 30, 2023.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

841 added · 897 removed

841 line(s) added, 897 removed.

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A.B.
Assembly Bill No.
98 ASSEMBLY BILL NO .
98–Assemblyman Nguyen CHAPTER..........
98–ASSEMBLYMAN N GUYEN PREFILED FEBRUARY 1, 2023 ____________ Referred to Committee on Revenue SUMMARY—Revises provisions governing economic development.
(BDR 18-760) 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.
- *AB98* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(c) Develop a plan for identifying and awarding recognition to schools in this State that demonstrate exemplary performance in the fields of science, technology, engineering and mathematics;
- 82nd Session (2023) – 2 – (c) Develop a plan for identifying and awarding recognition to schools in this State that demonstrate exemplary performance in the fields of science, technology, engineering and mathematics;
(d) Conduct a survey of education programs and proposed programs relating to the fields of science, technology, engineering and mathematics in this State and in other states to identify recommendations for the implementation of such programs by public schools and institutions of higher education in this State and report the information gathered by the survey to the State Board of Education and the Board of Regents of the University of Nevada;
(d) Conduct a survey of education programs and proposed and mathematics in this State and in other states to identifyeering recommendations for the implementation of such programs by public schools and institutions of higher education in this State and report the information gathered by the survey to the State Board of Education and the Board of Regents of the University of Nevada;
(g) Prepare a written report which includes, without limitation, recommendations based on the survey conducted pursuant to instruction and curriculum in courses of study in science, technology, engineering and mathematics in public schools in this State and, on or before January 31 of each odd-numbered year, submit a copy of the report to the State Board of Education, the Board of Regents of the University of Nevada, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature;
(g) Prepare a written report which includes, without limitation, recommendations based on the survey conducted pursuant to paragraph (d) and any other recommendations concerning the instruction and curriculum in courses of study in science, technology, engineering and mathematics in public schools in this State and, on or before January 31 of each odd-numbered year, submit a copy of the report to the State Board of Education, the Board of Regents of the University of Nevada, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature;
(h) Conduct surveys for and make recommendations as deemed necessary to the Office of Economic Development and the Governor’s Workforce [Investment] Development Board;
(h) Conduct surveys for and make recommendations as deemed Governor’s Workforce [Investment] Development Board;
- *AB98* – 3 – (1) The State Board of Education, the Council to Establish Academic Standards for Public Schools, the boards of trustees of school districts and the governing bodies of charter schools and university schools for profoundly gifted pupils concerning the curriculum and materials for courses in computer science and computer education and technology and professional development for teachers who teach such courses;
(1) The State Board of Education, the Council to Establish Academic Standards for Public Schools, the boards of trustees of school districts and the governing bodies of charter schools and university schools for profoundly gifted pupils concerning the curriculum and materials for courses in computer science and computer education and technology and professional development for teachers who teach such courses;
(a) Shall establish an event in southern Nevada and an event in northern Nevada to recognize pupils in this State who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics.
- 82nd Session (2023) – 3 – northern Nevada to recognize pupils in this State who demonstraten exemplary achievement in the fields of science, technology, engineering and mathematics.
The State Board of Education and the Board of Regents of the University of Nevada shall consider the plans developed by the Advisory Council on Science, Technology, Engineering and Mathematics pursuant to paragraphs (a), (b) and (c) of subsection 1 and the written report submitted pursuant to paragraph (g) of subsection 1.
The State Board of Education and the Board of Regents of the University of Nevada shall consider the plans developed by the Advisory Council on Science, Technology, Engineering and Mathematics pursuant to paragraphs (a), (b) and (c) of subsection 1 subsection 1.
The State Board of Education shall adopt such regulations as the State Board deems necessary to carry out the recommendations in the written report.
The State Board of Education shall adopt suchof regulations as the State Board deems necessary to carry out the recommendations in the written report.
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or - *AB98* – 4 – obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law;
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or maintained under the terms and conditions required by law;therwise (d) Provide the employment and wage information to the Board of Regents of the University of Nevada for purposes of the reporting required of the Board of Regents by subsection 4 of NRS 396.531;
(d) Provide the employment and wage information to the Board of Regents of the University of Nevada for purposes of the reporting required of the Board of Regents by subsection 4 of NRS 396.531;
and (e) Provide to the Director of the Legislative Counsel Bureau a written report each quarter containing the rate of unemployment of residents of this State regarding whom the Department has information, organized by county and, for each county, the rate of - 82nd Session (2023) – 4 – unemployment disaggregated by demographic information, including, without limitation, age, race and gender.
and (e) Provide to the Director of the Legislative Counsel Bureau a written report each quarter containing the rate of unemployment of residents of this State regarding whom the Department has information, organized by county and, for each county, the rate of unemployment disaggregated by demographic information, including, without limitation, age, race and gender.
(1) Post on the Internet website of the Department the report required by this paragraph;
(1) Post on the Internet website of the Department the report require(2) Provide the report to the Governor’s Workforce [Investment] Development Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935;
(2) Provide the report to the Governor’s Workforce [Investment] Development Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935;
(a) [Industry] Members of the local workforce development boards and other business representatives from industry sectors which are essential to this State and which are driven primarily by demand;
(a) [Industry] Members of the local workforce development which are essential to this State and which are driven primarily by demand;
- *AB98* – 5 – 2.
2.
and [(2)] (II) The region or regions of this State where the majority of the operations of each of those industry sectors is conducted [.
and - 82nd Session (2023) – 5 – [(2)] (II) The region or regions of this State where the majority of the operations of each of those industry sectors is conducted [.
and (2) Establish:
and [(1)] (I) Regional goals for economic development for each of the industry sectors identified pursuant to this paragraph ;
[(1)] (I) Regional goals for economic development for each of the industry sectors identified pursuant to this paragraph ;
(7) Expanded market penetration, including, without limitation, by providing assistance to employers with small numbers of employees;
(7) Expanded market penetration, including, without limitation, by providing assistance to employers with small numbers of empl(8) Partnerships between labor and management;
(8) Partnerships between labor and management;
- *AB98* – 6 – (1) Employers within that industry;
(1) Employers within that industry;
(b) Shall, within the parameters set forth in the American Recovery and Reinvestment Act of 2009 or the parameters of any other program for which the federal funding is available, identify job training and education programs which the regional industry or sector [council] partnership determines to have the greatest likelihood of meeting the regional goals for economic development established for that industry sector pursuant to subparagraph [(1)] (2) of paragraph [(b)] (a) of subsection 2.
- 82nd Session (2023) – 6 – Recovery and Reinvestment Act of 2009 or the parameters of any other program for which the federal funding is available, identify job training and education programs which the regional industry or sector [council] partnership determines to have the greatest likelihood of meeting the regional goals for economic development established for that industry sector pursuant to subparagraph [(1)] (2) of paragraph [(b)] (a) of subsection 2.
(c) Provide and administer grants of money to regional industry or sector [councils] partnerships for the purpose of establishing job training and education programs in industry sectors for which regional goals for economic development have been established pursuant to subparagraph [(1)] (2) of paragraph [(b)] (a) of subsection 2;
(c) Provide and administer grants of money to regional industry or sector [councils] partnerships for the purpose of establishing job regional goals for economic development have been established pursuant to subparagraph [(1)] (2) of paragraph [(b)] (a) of subsection 2;
(a) Receive reports from the Director pursuant to paragraph (e) of subsection 1 of NRS 232.920;
of subsection 1 of NRS 232.920;
(b) Require all applicable agencies which provide workforce development services to coordinate efforts and resources to reduce the rate of unemployment for a demographic group contained in the report provided pursuant to paragraph (e) of subsection 1 of - *AB98* – 7 – NRS 232.920 if, for that demographic group, the rate of unemployment for the group:
Director pursuant to paragraph (e) (b) Require all applicable agencies which provide workforce development services to coordinate efforts and resources to reduce the rate of unemployment for a demographic group contained in the report provided pursuant to paragraph (e) of subsection 1 of NRS 232.920 if, for that demographic group, the rate of unemployment for the group:
(2) Is 4 or more percentage points higher than the rate of unemployment for the applicable county as a whole;
- 82nd Session (2023) – 7 – (2) Is 4 or more percentage points higher than the rate of unemployment for the applicable county as a whole;
and (c) Provide a written report each year to the Director of the Department and the Director of the Legislative Counsel Bureau describing the efforts made by the Governor’s Workforce Development Board and all applicable agencies to comply with paragraph (b).
and Department and the Director of the Legislative Counsel Bureauthe describing the efforts made by the Governor’s Workforce Development Board and all applicable agencies to comply with paragraph (b).
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232.975 The Executive Director of the Governor’s Office of Workforce Innovation shall:
232.975 The Executive Director of the Governor’s Office of Wor1.orcProvide support to the Department, the Governor’s Workforce [Investment] Development Board created by NRS 232.935 and [the] any regional industry or sector [councils] partnership established [by the Governor’s Workforce Investment Board] pursuant to NRS 232.935 on matters relating to workforce development.
1.
Provide support to the Department, the Governor’s Workforce [Investment] Development Board created by NRS 232.935 and [the] any regional industry or sector [councils] partnership established [by the Governor’s Workforce Investment Board] pursuant to NRS 232.935 on matters relating to workforce development.
Collect and systematize and present in biennial reports to the Governor and the Legislature such statistical details relating to workforce development in the State as the Executive Director of the - *AB98* – 8 – Office may deem essential to further the objectives of the Governor’s Office of Workforce Innovation.
Collect and systematize and present in biennial reports to the Governor and the Legislature such statistical details relating to workforce development in the State as the Executive Director of the Office may deem essential to further the objectives of the Governor’s Office of Workforce Innovation.
(a) Identify, recommend and implement policies related to workforce development.
- 82nd Session (2023) – 8 – (a) Identify, recommend and implement policies related to workforce development.
(c) Discontinue career pathways offered by the State which fail to meet minimum standards of quality, rigor and cross-education alignment, or that do not demonstrate a connection to priority industry needs.
to meet minimum standards of quality, rigor and cross-educationail alignment, or that do not demonstrate a connection to priority industry needs.
(i) Report periodically to the Governor’s Workforce [Investment] Development Board concerning the administration of the policies and programs of the Governor’s Office of Workforce Innovation.
(i) Report periodically to the Governor’s Workforce [Investment] Development Board concerning the administration of Innovation.s and programs of the Governor’s Office of Workforce (j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Governor’s Office of Workforce Innovation.
(j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Governor’s Office of Workforce Innovation.
- *AB98* – 9 – (1) Statistical data based on an analysis of the number of persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body in relation to the total population of this State or any geographic area within this State;
- 82nd Session (2023) – 9 – persons within this State who are engaged in an occupation or of profession that is regulated by a regulatory body in relation to the total population of this State or any geographic area within this State;
(m) On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report that includes, without limitation, the most current data and reports produced by the statewide longitudinal data system.
(m) On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report that includes, statewide longitudinal data system.t data and reports produced by the Sec.
Sec.
A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of the tax imposed on the new or expanded business pursuant to chapter 361 of NRS.
A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of the tax imposed on the new or expanded business pursuant to chapter of NRS.
(1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053;
the Executive Director of the Office of Economic Developmentby pursuant to subsection 2 of NRS 231.053;
(2) Require the business to submit to the Department the reports required by paragraph (c) of subsection 1 of NRS 218D.355;
- 82nd Session (2023) – 10 – reports required by paragraph (c) of subsection 1 of NRS 218D.355;
- *AB98* – 10 – (3) State the agreed terms of the partial abatement, which must comply with the requirements of subsection 4;
(3) State the agreed terms of the partial abatement, which must comply with the requirements of subsection 4;
(d) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
or the applicant commits to obtain a valid business license and alle other permits required by the county, city or town in which the business operates.
(g) The business will offer a health insurance plan for all full- time employees that includes an option for health insurance coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both, and the benefits the business offers to its employees in this State will meet the minimum requirements for benefits established by the Office.
(g) The business will offer a health insurance plan for all full- coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both, and the benefits the business offers to its employees in this State will meet the minimum requirements for benefits established by the Office.
(1) The business makes a capital investment of at least $1,000,000 in a program of the University of Nevada, Reno, the University of Nevada, Las Vegas, or the Desert Research Institute to be used in support of research, development or training related to the field of endeavor of the business.
(1) The business makes a capital investment of at least $1,000,000 in a program of the University of Nevada, Reno, the University of Nevada, Las Vegas, or the Desert Research Institute to - 82nd Session (2023) – 11 – the field of endeavor of the business.pment or training related to (2) The business will employ 15 or more full-time employees for the duration of the abatement.
(2) The business will employ 15 or more full-time employees for the duration of the abatement.
(3) The business will employ two or more graduate students from the program in which the capital investment is made on a part- time basis during years 2 through 5, inclusive, of the abatement.
- *AB98* – 11 – (3) The business will employ two or more graduate students from the program in which the capital investment is made on a part- time basis during years 2 through 5, inclusive, of the abatement.
(I) A letter of support from the institution in which the capital investment is made, which is signed by the chief administrative officer of the institution and the director or chair of the program or the appropriate department, and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources;
(I) A letter of support from the institution in which the capital investment is made, which is signed by the chief administrative officer of the institution and the director or chair of the program or the appropriate department, and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.
and (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.
(2) The business will employ 15 or more full-time employees for the duration of the abatement.
for the duration of the abatement.y 15 or more full-time employees (3) The business will employ two or more students from the college or institution in which the capital investment is made on a full-time basis during years 2 through 5, inclusive, of the abatement.
(3) The business will employ two or more students from the college or institution in which the capital investment is made on a full-time basis during years 2 through 5, inclusive, of the abatement.
(I) A letter of support from the college or institution in which the capital investment is made, which is signed by the chief administrative officer of the college or institution and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the college or institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources;
(I) A letter of support from the college or institution in which the capital investment is made, which is signed by the chief administrative officer of the college or institution and which - 82nd Session (2023) – 12 – resources the business will provide to the program and an agreement that the college or institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources;
and - *AB98* – 12 – (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the college or institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.
and (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the college or institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.
(b) Shall not consider an application for a partial abatement pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.
pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.
(d) May, if the Office determines that such action is necessary add additional requirements that a business must meet to qualify for a partial abatement pursuant to this section.
(d) May, if the Office determines that such action is necessary add additional requirements that a business must meet to qualify for a p4.tiaIf the Office of Economic Development approves an application for a partial abatement pursuant to this section:
4.
If the Office of Economic Development approves an application for a partial abatement pursuant to this section:
(b) The duration of the abatement must be for 5 years;
- 82nd Session (2023) – 13 – (c) The abatement applies only to the business for which the abatement was approved pursuant to this section and the property used in connection with that business.
and (c) The abatement applies only to the business for which the abatement was approved pursuant to this section and the property used in connection with that business.
If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the - *AB98* – 13 – Office shall immediately forward a certificate of eligibility for the abatement to:
If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:
An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies requirements of subsection 2.erify that the applicant meets the 7.
7.
(a) The business shall repay to the county treasurer the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section.
(a) The business shall repay to the county treasurer the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax with the requirements of this section.
(b) The applicable institution of higher education is entitled to keep the entire capital investment made by the business in that institution.
- 82nd Session (2023) – 14 – keep the entire capital investment made by the business in thated to institution.
and - *AB98* – 14 – (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.
and (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.
(a) Shall adopt regulations regarding any security that a business is required to post to qualify for a partial abatement pursuant to this section;
is required to post to qualify for a partial abatement pursuant to this section;
The Office of Economic Development may, by regulation, specify the types of real or personal property or assets that are included within the definition of “capital investment.” Sec.
The Office of Economic Development may, by regulation, specify the types of real or personal property or assets thaSec.
6.
6.nclNRS 388.385 is hereby amended to read as follows:.” 388.385 1.
NRS 388.385 is hereby amended to read as follows:
388.385 1.
(2) Employees of the school district who possess knowledge and experience in career and technical education;
- 82nd Session (2023) – 15 – (2) Employees of the school district who possess knowledge and experience in career and technical education;
(4) Parents and legal guardians of pupils enrolled in programs of career and technical education in the school district;
programs of career and technical education in the school district;
- *AB98* – 15 – (6) Members of the Governor’s Workforce [Investment] Development Board described in NRS 232.935 or local entities for the development of the workforce;
(6) Members of the Governor’s Workforce [Investment] Development Board described in NRS 232.935 or local entities for the development of the workforce;
(b) Review the instructional supplies, equipment and operation of the program of career and technical education to determine its effectiveness in preparing pupils enrolled in the program to enter the workforce, apprenticeships or college and meet the needs of businesses and industries in the region concerning their workforce;
of the program of career and technical education to determine its effectiveness in preparing pupils enrolled in the program to enter the workforce, apprenticeships or college and meet the needs of businesses and industries in the region concerning their workforce;
3.
- 82nd Session (2023) – 16 – 3.
Sec.
388.392 1.NRS 3Of state money appropriated for use in a fiscal year for programs of career and technical education, the State Board shall not use more than 7.5 percent to provide leadership and training activities in that fiscal year.
7.
2.
NRS 388.392 is hereby amended to read as follows:
388.392 1.
Of state money appropriated for use in a fiscal year for programs of career and technical education, the State Board shall not use more than 7.5 percent to provide leadership and training activities in that fiscal year.
- *AB98* – 16 – 2.
As used in this section, “leadership and training activities” means:
As used in this section, “leadership and training activities” mea(a) Activities by or for pupil organizations for career and technical education;
(a) Activities by or for pupil organizations for career and technical education;
The board of trustees of a school district or the governing body of a charter school may apply to the State Board of Education for a grant for a program of career and technical education, to be paid for with money distributed pursuant to paragraph (a) of subsection 2 of NRS 388.392, by submitting an application to the person appointed pursuant to NRS 388.342.
The board of trustees of a school district or the governing body of a charter school may apply to the State Board of Education for a grant for a program of career and technical education, to be paid for with money distributed pursuant to - 82nd Session (2023) – 17 – application to the person appointed pursuant to NRS 388.342.an 2.
2.
- *AB98* – 17 – Sec.
Sec.
and (b) For an electric utility that primarily serves less densely populated counties, a total capacity of 160,000 megawatt-hours.
and populated counties, a total capacity of 160,000 megawatt-hours.ly 2.
2.
(d) Provide for solar workforce innovations and opportunity programs related to the construction, maintenance and operation of solar resources, including opportunities for workforce training, apprenticeships or other job opportunities at community-based solar resources;
(d) Provide for solar workforce innovations and opportunity programs related to the construction, maintenance and operation of solar resources, including opportunities for workforce training, resources;ships or other job opportunities at community-based solar (e) Provide for equitably broadened access to solar energy;
(e) Provide for equitably broadened access to solar energy;
(2) Is a fixed rate that replaces the base tariff energy rate and deferred accounting adjustment charged by the electric utility for participating customers and which is adjusted in accordance with the Commission’s quarterly calculations;
(2) Is a fixed rate that replaces the base tariff energy rate and deferred accounting adjustment charged by the electric utility for - 82nd Session (2023) – 18 – Commission’s quarterly calculations;
(3) For low-income eligible customers, provides for a lower rate, the cost of which must be allocated across all of the rate classes of the utility;
adjusted in accordance with the (3) For low-income eligible customers, provides for a lower rate, the cost of which must be allocated across all of the rate classes of the utility;
and (5) Includes for all participating customers any other applicable charges including, without limitation, the universal energy charge, franchise fees, the renewable energy program rate and base tariff general rates, except that the Commission may - *AB98* – 18 – reduce one or more of these charges for low-income eligible customers to ensure that such customers receive a lower rate pursuant to subparagraph (3);
and (5) Includes for all participating customers any other applicable charges including, without limitation, the universal energy charge, franchise fees, the renewable energy program rate and base tariff general rates, except that the Commission may reduce one or more of these charges for low-income eligible customers to ensure that such customers receive a lower rate pursuant to subparagraph (3);
(g) Establish a process for identifying noncontiguous geographic locations for community-based solar resources which, to the extent practicable, must be located in communities with higher levels of low-income eligible customers;
(g) Establish a process for identifying noncontiguous geographic locations for community-based solar resources which, to the extent low-income eligible customers;n communities with higher levels of (h) Provide for the use of at least one utility scale solar resource and at least three but not more than ten community-based solar resources within the service territory of the electric utility;
(h) Provide for the use of at least one utility scale solar resource and at least three but not more than ten community-based solar resources within the service territory of the electric utility;
(k) Provide for the use of a combination of new and other renewable energy facilities, which may be either utility scale or community-based solar resources, that were submitted to the Commission for approval after May 1, 2018, and that were not placed into operation before April 1, 2020;
(k) Provide for the use of a combination of new and other renewable energy facilities, which may be either utility scale or community-based solar resources, that were submitted to the placed into operation before April 1, 2020;and that were not (l) Provide for an application and selection process for eligible customers to participate in the program;
(l) Provide for an application and selection process for eligible customers to participate in the program;
(1) Twenty-five percent of the capacity of the program, as provided in subsection 1, be reserved for low-income eligible customers;
- 82nd Session (2023) – 19 – (1) Twenty-five percent of the capacity of the program, as provided in subsection 1, be reserved for low-income eligible customers;
(2) Twenty-five percent of the capacity of the program, as provided in subsection 1, be reserved for disadvantaged businesses and nonprofit organizations;
(2) Twenty-five percent of the capacity of the program, as and nonprofit organizations;
and (3) Fifty percent of the capacity of the program, as provided in subsection 1, be reserved for eligible customers who are fully bundled residential customers who own, rent or lease their residence and who certify in a statement which satisfies the requirements established by the Commission pursuant to paragraph (p) that they cannot install solar resources on their premises;
anderved for disadvantaged businesses (3) Fifty percent of the capacity of the program, as provided in subsection 1, be reserved for eligible customers who are fully bundled residential customers who own, rent or lease their residence and who certify in a statement which satisfies the requirements established by the Commission pursuant to paragraph (p) that they cannot install solar resources on their premises;
- *AB98* – 19 – (p) Establish the requirements for a fully bundled residential customer to certify that he or she cannot install solar resources on his or her premises;
(p) Establish the requirements for a fully bundled residential customer to certify that he or she cannot install solar resources on his or her premises;
The Commission may approve the plan if it finds that the proposed expanded solar access program complies with the regulations adopted by the Commission pursuant to subsection 2.
The Commission may approve the plan if it finds that the proposed expanded solar access program complies with the regulations ado5.ed In administering the provisions of this section, the electric utility and the Commission shall establish as the preferred sites for utility scale development of solar energy resources pursuant to this section brownfield sites and land designated by the Secretary of the Interior as Solar Energy Zones and held by the Bureau of Land Management.
5.
In administering the provisions of this section, the electric utility and the Commission shall establish as the preferred sites for utility scale development of solar energy resources pursuant to this section brownfield sites and land designated by the Secretary of the Interior as Solar Energy Zones and held by the Bureau of Land Management.
(1) Fifty-one percent or more of the owners are women, veterans, members of a racial or ethnic minority group or otherwise part of a traditionally underrepresented group;
- 82nd Session (2023) – 20 – veterans, members of a racial or ethnic minority group or otherwise part of a traditionally underrepresented group;
- *AB98* – 20 – (h) “Fully bundled customer” means a customer of an electric utility who receives energy, transmission, distribution and ancillary services from an electric utility.
(h) “Fully bundled customer” means a customer of an electric utility who receives energy, transmission, distribution and ancillary ser(i) “Fully bundled general service customer” means a fully bundled customer who is a nonresidential customer with a kilowatt- hour consumption that does not exceed 10,000 kilowatt-hours per month.
(i) “Fully bundled general service customer” means a fully bundled customer who is a nonresidential customer with a kilowatt- hour consumption that does not exceed 10,000 kilowatt-hours per month.
(l) “Solar Energy Zone” means an area identified and designated by the Bureau of Land Management as an area well-suited for utility-scale production of solar energy, and where the Bureau of Land Management will prioritize solar energy and associated transmission infrastructure development.
(l) “Solar Energy Zone” means an area identified and designated by the Bureau of Land Management as an area well-suited for utility-scale production of solar energy, and where the Bureau of transmission infrastructure development.ergy and associated (m) “Solar resource” means a facility or energy system that uses a solar photovoltaic device to generate electricity.
(m) “Solar resource” means a facility or energy system that uses a solar photovoltaic device to generate electricity.
(o) “Utility scale solar resource” means a solar resource which has a nameplate capacity of at least 50 megawatts and is interconnected directly to a substation of the electric utility through a generation step-up transformer.
- 82nd Session (2023) – 21 – (o) “Utility scale solar resource” means a solar resource which has a nameplate capacity of at least 50 megawatts and is interconnected directly to a substation of the electric utility through a generation step-up transformer.
Sec.
officer or an agency whose name has been changed or whose by an responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
10.
1.
Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
Such contracts and other agreements may be enforced by the officer or agency to - *AB98* – 21 – which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
approval.1.
Sec.
This act becomes effective upon passage and H - *AB98*
11.
This act becomes effective upon passage and approval.
~~~~~ 23 - 82nd Session (2023)
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Action History

  1. Approved by the Governor. Chapter 71.

  2. Enrolled and delivered to Governor.

  3. Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly. In Assembly. To enrollment.

  4. Read second time.

  5. From committee: Do pass.

  6. In Senate. Read first time. Referred to Committee on Revenue and Economic Development. To committee.

  7. Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  8. Read second time.

  9. From committee: Do pass.

  10. Read first time. To committee.

  11. From printer.

  12. Prefiled. Referred to Committee on Revenue. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 98?
AB 98 is sponsored by Nguyen, Duy (Democratic).
What is the current status of AB 98?
This bill has been enacted into law. Introduced February 01, 2023. Enacted.
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