AB 226 — Revises provisions relating to economic development. (BDR 32-690)
Last action — Vetoed by the Governor.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2025 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Vetoed by Governor Joe Lombardo (Republican) on June 10, 2025.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1664 added · 1785 removedPlain-language change summary
The changes made to Assembly Bill No. 226 require businesses applying for transferable tax credits or tax abatements to certify their commitment to collaborate with the community where they are located if their application is approved. This means that businesses will have to demonstrate a partnership with local communities as part of the application process. This amendment is significant as it aims to ensure that businesses contribute positively to their local areas, which can lead to broader community development and support. The certification requirement will apply only to applications submitted after July 1, 2025, allowing businesses time to prepare for these new expectations.
EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 21, 2025) FIRST REPRINT A.B.
226226–Assemblymember AMosca SSEMBLYCHAPTER.......... BILL NO .
226–ASSEMBLYMEMBER M OSCA PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Revenue SUMMARY—Revises provisions relating to economic development.
(BDR 32-690) 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.
Existing law authorizes the Office of Economic Development to approve transferable tax credits and abatements or partial abatements of certain property taxes, business taxes and sales and use taxes for certain businesses in certain circumstances.
The Office is prohibited from approving an application for such creditsinto oran abatementsagreement unlesswith the applicantOffice satisfiesestablishing certain criteriaterms for the abatement.ntered (NRS 231.1555, 274.310, 274.320, 274.330, 360.750, 360.753, 360.754, 360.759, 360.889, 360.945) Sections 1-3, 6, 8 and has12-15 enteredof intothis anbill agreementadditionally withrequire thean Officeapplicant establishingfor certain termstransferable tax credits or a tax abatement to certify in the application for transferrable tax credits or a tax abatement, as applicable, that, if the abatement.application is approved, the business will:
(NRS(1) 231.1555,collaborate 274.310,with 274.320,the 274.330,community 360.750,in 360.753,agreement 360.754,not 360.759,later applicantthan for2 certainyears transferableafter tax credits or a tax abatement to certify in the applicationdate foron transferrablewhich tax credits or a tax abatement, as applicable, that, if the application is approved,approved. the business will:
(1)Section collaborate16 withof this bill makes the communityrequirements inof whichthis bill relating to the businesscertification isrequirement located;applicable only to applications for certain transferable tax credits or certain abatements submitted on or after July 1, 2025.
andEXPLANATION (2)– submitMatter toin thebolded Officeitalics a community benefits agreement not later than 2 years after the date on which the application is approved.new;
Sectionmatter 16between ofbrackets this[omitted billmaterial] makesis thematerial requirements of this bill relating to thebe creditsomitted. or certain abatements submitted on or after July 1, 2025.tain transferable tax - *AB226_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
As used in this paragraph, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is to be located or expanded, except the taxes imposed- by83rd theSession Sales(2025) – 2 – Support Tax Law.ales and Use Tax Act and the Local School Support2. Tax Law.
2.
as(2) agreedState to by the applicantdate andon which the Office,abatement whichbecomes musteffective, notas beve,agreed earlierto thanby the dateapplicant onand which the OfficeOffice, receivedwhich themust applicationnot be and not later than 1 year after the date on which the Office approves the application;
- *AB226_R1* – 3 – (c) 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.
(d) Except as otherwise provided in subsection 4, 5 or 6, the average hourly wage that will be paid by the business to its new employees in this State is at least 100 percent of the averageaverageew statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.
(e) The business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, offer a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees, and the health care benefits the business offers to its employees in this State will- meet83rd theSession minimum(2025) requirements– 3 – established by the Office.irements for health care benefits established(f) byExcept as otherwise provided in this subsection and NRS 361.0687, if the Office.business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least one of the following requirements:
(f) Except as otherwise provided in this subsection and NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least one of the following requirements:
(2) Establishing the business will require the business to make, not later than the date which is 2 years after the date on which the abatement becomes effective, a capital investment of at least $1,000,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes the date effective.
- *AB226_R1* – 4 – (1) The business will have 10 or more full-time employees on the payroll of the business by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective who will be employed at the location of the business in date on which the abatement becomes effective.ich is 5 years after the (2) Establishing the business will require the business to make, not later than the date which is 2 years after the date on which the abatement becomes effective, a capital investment of at least $250,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.
(2)- Establishing83rd theSession business(2025) will– require4 the– businessleast toone make, not later than the date which is 2 years after the date on which the abatement becomes effective, a capital investment of at least $250,000 in this State in capital assets that will be retained at the locationfollowing ofrequirements:siness, the business inmeets that county or city until at least(1) theFor datea whichbusiness isin: 5 years after the date on which the abatement becomes effective.
(h) If the business is an existing business, the business meets at least one of the following requirements:
(1) For a business in:
or (II) A county whose population is less than 100,000, an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or a city whose population is less than 60,000, the business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, increase the number of employees on its payroll in that county or city by 10 percent more than it employed in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective or by six employees, whichever is greater, who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.
(2) The business will expand by making a capital investment in this State, not later than the date which is 2 years after the date on - *AB226_R1* – 5 – which the abatement becomes effective, in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective, and the capital investment will be in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.
(I)- County83rd assessorSession of(2025) the– county5 in– which the business will expand, if the business is locally assessed;
or the business (II) Department, if the business is centrally assessed.
(j) Except as otherwise provided in subsection 3, if the business will have at least 50 full-time employees on the payroll of the business by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, the business, by the earlier of the eighth calendar quarter following the calendar quarter in which the abatement becomes effective or the date on which the business has at least 50 full-time employees on the payroll of the business, has a policy for paid family and medical leave and agrees that all employees who have been employed by the business for at least 1 year will be eligible for at least 12 weeks of paid family and medical leave at a rate of at least 55 percent of thetheid regular wage of the employee.
(3) Prohibit, interfere with or otherwise discourage an employee or other person from bringing a proceeding or testifying - *AB226_R1* – 6 – in a proceeding against the business for a violation of the policy for paid family and medical leave that is required pursuant to this paragraph.
and (2)- Submit83rd aSession community(2025) benefits– agreement6 to– the Office not later than 2 years after the date on which the Office approves the application.
(a) 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,cou(b) schoolShall district,consider citythe orlevel town.of health care benefits provided by the business to its employees, the policy of paid family and medical leave provided by the business to its employees, the projected economic impact of the business and the projected tax revenue of the business after deducting projected revenue from the abated taxes.
(b) Shall consider the level of health care benefits provided by the business to its employees, the policy of paid family and medical leave provided by the business to its employees, the projected economic impact of the business and the projected tax revenue of the business after deducting projected revenue from the abated taxes.
Notwithstanding any other provision of law, the Office of Economicpartial Developmentabatement shallpursuant notto approvethis ansection applicationif:ication for a partial(a) abatementThe pursuantapplicant intends to locate or expand in a county in which the rate of unemployment is 7 percent or more and the average hourly wage that will be paid by the applicant to its new employees in this sectionState if:is less than 70 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.
(a)- The83rd applicantSession intends(2025) to– locate7 or– expand in a county in which the rate of unemployment is less than 7 percent or more and thethein average hourly wage that will be paid by the applicant to its new - *AB226_R1* – 7 – employees in this State is less than 7085 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.
Show all 240 changed lines (200 more)
(b) The applicant intends to locate or expand in a county in which the rate of unemployment is less than 7 percent and the average hourly wage that will be paid by the applicant to its new employees in this State is less than 85 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.
Notwithstanding any other provision of law, if the Office of Economic Development approves an application for a partial abatement pursuant to this section, in determining the types of taxes imposed on a new or expanded business for which the partialpartials of taxes abatement will be approved and the amount of the partial abatement:
(b) If the new or expanded business is located in a county in which the rate of unemployment is less than 7 percent and the in average hourly wage that will be paid by the business to its new employees in this State is less than 100 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year, the Office shall not:
- *AB226_R1* – 8 – (1) Approve an abatement of the taxes imposed pursuant to chapter 361 of NRS which exceeds 25 percent of the taxes on personal property payable by the business each year.
(2)- Approve83rd anSession abatement(2025) of– the8 taxes– imposed pursuant to chapter 363B of NRS which exceeds 25 percent of the amount ofofto tax otherwise due pursuant to NRS 363B.110.
9.section fails to execute the agreement described in paragraph (b) of subsection 2 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.
If an applicant for a partial abatement pursuant to this section fails to execute the agreement described in paragraph (b) of subsection 2 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.
or (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2, the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, 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.
- *AB226_R1* – 9 – 11.
(a)- Shall83rd depositSession any(2025) money– that9 he– or she receives pursuant to subsection 10 in one or more of the funds established by a locallocalto government of the county pursuant to NRS 354.6113 or 354.6115;
(b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section and NRS 360.755.
(a) The personal property taxes imposed on an aircraft and the personal property used to own, operate, manufacture, service, the maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft;
Notwithstanding the provisions of any law to the contrary and except as otherwise provided in subsections 3 and 4, the Office - *AB226_R1*83rd Session (2025) – 10 – ofabatement Economicif Developmentthe shallOffice approvemakes anthe following determinations:partial (a) Not later than 1 year after the date on which the application forwas areceived partialby abatementthe ifOffice, the Officeapplicant makeshas executed an agreement with the followingOffice determinations:which:
(a) Not later than 1 year after the date on which the application was received by the Office, the applicant has executed an agreement with the Office which:
and (4)specified Bindsperiod;any any successor in interest of the applicant for the specified(b) period;The business is registered pursuant to the laws of this State or the applicant commits to obtaining a valid business license and all other permits required by the county, city or town in which the business operates;
(b) The business is registered pursuant to the laws of this State or the applicant commits to obtaining a valid business license and all other permits required by the county, city or town in which the business operates;
(e) The business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, offer a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees, and the health care benefits the business offers to its employees in this State will meet the minimum requirements for health care benefits established by the Office;
or (2)- An83rd existingSession business,(2025) that– it11 will– increase its number of full-time employees on the payroll of the business in this State by 3 - *AB226_R1* – 11 – percent or three employees, whichever is greater, within 1 year after receiving its certificate of eligibility for a partial abatement;
[and] (h) If the application is for the partial abatement of the taxes imposed by the Local School Support Tax Law, the application has been approved by a vote of at least two-thirds of the members of the Board of Economic Development created by NRS 231.033 [.] ;
(1) Consider an application for a partial abatement unless the Office has requested a letter of acknowledgment of the request for the partial abatement from any affected county, school district, city or town and has complied with the requirements of NRS 360.757;
- 83rd Session (2025) – 12 – 5.
(a)(b) The Department;Nevada Tax Commission;
- *AB226_R1* – 12 – (b) The Nevada Tax Commission;
or (b) Operation before the time specified in the agreement described in paragraph (a) of subsection 2, the business shall repay to the Department or, if the partial abatement was from personal property taxes, to the appropriate 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.
10.- 83rd Session (2025) – 13 – as the Commission determines are necessary to carry out the provisions of this section.
The Nevada Tax Commission may adopt such regulations as the Commission determines are necessary to carry out the provisions of this section.
- *AB226_R1* – 13 – 12.
and (3) Raw material or processed material, part, machinery, tool, chemical, gas or equipment used to operate, manufacture, service,component maintain,of test,an repair,aircraft.repair, overhaul or assemble an aircraft or component(c) “Full-time employee” means a person who is in a permanent position of employment and works an aircraft.average of 30 hours per week during the applicable period set forth in subparagraph (3) of paragraph (a) of subsection 2.
(c) “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subparagraph (3) of paragraph (a) of subsection 2.
A person who intends to locate or expand a data center in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of the taxes imposed on the new or expanded data center pursuant to chapter 361 or 374 of NRS.
(a) The application is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS- 231.05383rd andSession any(2025) guidelines– adopted14 by– the Executive Director of the Office to implement the State Plan for EconomicEconomice Director Development.
(2) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office of Economic Development, which must not be earlier than the date on which the - *AB226_R1* – 14 – Office received the application and not later than 1 year after the date on which the Office approves the application;
and (4)specified Bindperiod.he the successors in interest of the applicant for the specified(c) period.The applicant 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 each county, city or town in which the data center operates.
(c) The applicant 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 each county, city or town in which the data center operates.
(1) The data center will, by not later than the date that is 5 years after the date on which the abatement becomes effective, have or have added 10 or more full-time employees who are residents of Nevada and who will be employed at the data center and will continue to employ 10 or more full-time employees who are residents of Nevada at the data center until at least the date which is 10 years after the date on which the abatement becomes effective.
(2) Establishing or expanding the data center will require the data center or any combination of the data center and one or more the colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, a cumulative capital investment of at least $25,000,000 in capital assets that will be used or located at the data center.
(3) The average hourly wage that will be paid by the data center to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security- Division83rd ofSession the(2025) Department– of15 Employment,– Training and Rehabilitation on July 1 of each fiscal year and:and:, Training and (I) The data center will, by not later than the date which is years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees;
(I) The data center will, by not later than the date which is 2 years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees;
- *AB226_R1* – 15 – (4) At least 50 percent of the employees engaged in the construction of the data center are residents of Nevada, unless waived by the Executive Director of the Office of Economic Development upon proof satisfactory to the Executive Director of the Office of Economic Development that there is an insufficient number of residents of Nevada available and qualified for such employment.emp(e) If the applicant is seeking a partial abatement for a period of years or more but not more than 20 years, the applicant meets the following requirements:
(e)(1) IfThe data center will, by not later than the applicantdate that is seeking5 ayears partialafter the date on which the abatement forbecomes aeffective, periodhave ofor 10have yearsadded 50 or more butfull-time notemployees who are residents of Nevada and who will be employed at the data center and will continue to employ 50 or more thanfull-time 20employees years,who are residents of Nevada at the applicantdata meetscenter until at least the followingdate requirements:which is years after the date on which the abatement becomes effective.
(1)(2) TheEstablishing or expanding the data center will,will require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date thatwhich is 5 years after the date on which the abatement becomes effective, havea orassets havethat addedwill 50be used or morelocated full-timeat employeesthe whodata arecenter.in residentscapital of(3) NevadaThe andaverage whohourly wage that will be employedpaid atby the data center and will continue to employits 50employees orin morethis full-timeState employeesis whoat areleast residents100 percent of Nevadathe ataverage thestatewide datahourly centerwage untilas atestablished leastby the dateEmployment whichSecurity isDivision 20of yearsthe afterDepartment theof dateEmployment, Training and Rehabilitation on whichJuly the1 abatementof becomeseach effective.fiscal year and:
(2)(I) EstablishingThe or expanding the data center willwill, require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, provide a cumulativehealth capitalinsurance investmentplan offor atall leastemployees $100,000,000employed inat capitalthe assets- that83rd willSession be(2025) used– or16 located– atdependents of the dataemployees; center.
(3)andion Thefor averagehealth hourlyinsurance wagecoverage thatfor will(II) beThe paidhealth bycare thebenefits dataprovided center to its employees inemployed this State is at leastthe 100data percentcenter ofwill meet the averageminimum statewiderequirements hourlyfor wagehealth ascare benefits established by the EmploymentOffice Security Division of theEconomic DepartmentDevelopment ofby Employment,regulation Trainingpursuant andto Rehabilitationsubsection on13. July 1 of each fiscal year and:
(I) The data center will, by not later than the date which is 2 years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees;
and (II) The health care benefits provided to employees employed at the data center will meet the minimum requirements for health care benefits established by the Office of Economic Development by regulation pursuant to subsection 13.
- *AB226_R1* – 16 – (f) The applicant has provided in the application an estimate of the total number of new employees which the data center anticipates hiring in this State if the Office of Economic Development approves the application.
(g) If the applicant is seeking a partial abatement of the taxes imposed by the Local School Support Tax Law, the application hashasxes been approved by a vote of at least two-thirds of the members of the Board of Economic Development created by NRS 231.033.
(a) Shall not consider an application for a partial abatement pursuant to this section unless the Office of Economic Development has requested a letter of acknowledgment of the request for the abatementaba(b) fromShall eachconsider affectedthe county,level schoolof district,health citycare orbenefits town.provided to employees employed at the data center, the projected economic impact of the data center and the projected tax revenue of the data center after deducting projected revenue from the abated taxes.
(b) Shall consider the level of health care benefits provided to employees employed at the data center, the projected economic impact of the data center and the projected tax revenue of the data center after deducting projected revenue from the abated taxes.
(2)- Make83rd theSession requirements(2025) set– forth17 in– paragraphs (d) and (e) of subsection 2 more stringent;
ororet forth in paragraphs (d) and (e) (3) Add additional requirements that an applicant must meet to qualify for a partial abatement pursuant to this section.
If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the - *AB226_R1* – 17 – Office may also approve a partial abatement of taxes for each colocated business that enters into a contract to use or occupy, for a period of at least 2 years, all or a portion of the new or expanded data center.
Each such colocated business shall obtain a statestateanded business license issued by the Secretary of State.
If a data center ceases to meet the requirements of subsection 2 or ceases operation before the time specified in the agreement described in paragraph (b) of subsection 2, any partial abatement approved for a colocatedcolocatedf business ceases to be in effect, but the colocated business is not required to repay the amount of the abatement that was allowed before the date on which the abatement ceases to be in effect.
The Executive Director shall provide the list and any updates to - 83rd Session (2025) – 18 – the list to the Department and the county treasurer of each affected county.
An applicant for a partial abatement pursuant to this section or a data center 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.
or - *AB226_R1* – 18 – (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2, the data center shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the data center to comply unless the Nevada Tax Commission determines that the data center has substantially complied with the requirements of this section.
Except as otherwise provided in NRS 360.232 and 360.320, the data center shall, in addition to the amount of the partial abatement required to be repaid pursuant to this subsection, pay interest on the amount due at thetheaid rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development- may83rd petitionSession for(2025) judicial– review19 in– the manner provided in chapter 233B of NRS.NRS.icial review in the manner 11.
11.
and (d) Proof that the employee is covered by the health insurance plan which the data center is required to provide pursuant to sub- subparagraph (I) of subparagraph (3) of paragraph (d) of subsection 2 or sub-subparagraph (I) of subparagraph (3) of paragraph (e) of subsection 2.
12.of the Office of Economic Development any waiver of theDirector requirements set forth in subparagraph (4) of paragraph (d) of subsection 2 or subparagraph (4) of paragraph (e) of subsection 2, a data center must submit to the Executive Director of the Office of Economic Development written documentation of the efforts to meet the requirements and documented proof that an insufficient number of Nevada residents is available and qualified for employment.
For the purpose of obtaining from the Executive Director of the Office of Economic Development any waiver of the - *AB226_R1* – 19 – requirements set forth in subparagraph (4) of paragraph (d) of subsection 2 or subparagraph (4) of paragraph (e) of subsection 2, a data center must submit to the Executive Director of the Office of Economic Development written documentation of the efforts to meet the requirements and documented proof that an insufficient number of Nevada residents is available and qualified for employment.
and (c) Shall not approve any application for a partial abatement submitted pursuant to this section which is received on or after January 1, 2036.
(b)- May83rd adoptSession such(2025) other– regulations20 as– the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.
(b) “Data center” means one or more buildings located at one or more physical locations in this State which house a group of networked server computers for the purpose of centralizing the storage, management and dissemination of data and information pertaining to one or more businesses and includes any modular or preassembled components, associated telecommunications and storage systems and, if the data center includes more than one building or physical location, any network or connection between suchsuc(c) buildings“Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in paragraph (d) or physical(e) locations.of subsection 2.
(c)Secs. “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in paragraph (d) or (e) of subsection 2.
-4 *AB226_R1*and –5. 20 – Sec.
4.
5.
(Deleted by amendment.) Sec.
or (4) Any combination of the fees and taxes described in subparagraphssub(b) (1),A (2)partial abatement of property taxes, employer excise taxes or local sales and (3).use taxes, or any combination of any of those taxes.
(b) A partial abatement of property taxes, employer excise taxes or local sales and use taxes, or any combination of any of those taxes.
(b)- Provide83rd documentationSession satisfactory(2025) to– the21 Office– that approval of the application would promote the economiceconomice that development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053;
(f) Provide documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the projectprojecther operates;
- *AB226_R1* – 21 – (h) Provide documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;
(j) Provide documentation satisfactory to the Office that each participant in the project provides a plan of health insurance and that each employee employed at the project by each participant is offered coverage under the plan of health insurance provided by his or her employer;
under the plan of health insurance provided by his (k) Provide documentation satisfactory to the Office that at least 50 percent of the employees engaged in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of Nevada residents available and qualified for such employment;
(l)- Agree83rd toSession provide(2025) the– Office22 with– a full compliance audit of the participants in the project at the end of each fiscal year which:
(1) Requires the lead participant to pay the cost of any engineering or design work necessary to determine the cost of infrastructure improvements required to be made by the governing body pursuant to an economic development financing proposalproposalrning approved pursuant to NRS 360.990;
- *AB226_R1* – 22 – 3.
(a) The initial project will have a total of 500 or more full-time employees employed at the site of the initial project and the average hourly wage that will be paid to employees of the initial project in this State is at least 120 percent of the average statewide hourlyhourlyin wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year;
(1) Except as otherwise provided in subparagraph (2), satisfies the requirements of paragraph (f) or (g) of subsection 2 of NRS- 360.750,83rd regardlessSession of(2025) whether– the23 business– is a new business or an existing business;
andandhether the business is a new business (2) If a participant owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft, that the participant satisfies the applicable requirements of paragraph (f) or (g) of subsection 2 of NRS 360.753.
In addition to meeting the requirements set forth in subsection 2, a project is eligible for the transferable tax credits described in paragraph (a) of subsection 1 only if the Interim Finance Committee approves a written request for the issuance of by the transferableOffice taxand credits.only after the Office has approved the application submitted for the project pursuant to subsection 2.
Such a request may only be submitted by the Office and only after the Office has approved the application submitted for the project pursuant to subsection 2.
(a) Will not impede the ability of the Legislature to carry out its duty to provide for an annual tax sufficient to defray the estimated - *AB226_R1* – 23 – expenses of the State for each fiscal year as set forth in Article 9, Section 2 of the Nevada Constitution;
(a) A detailed description of the project, including a description of the common purpose or business endeavor in which the a description participants in the project are engaged;
(d) A detailed description of the plan by which the participants in the project intend to comply with the requirement that the participants- collectively83rd makeSession a(2025) total– new24 capital– investment of at least $1 billion in this State in the 10-year period immediately at following approval of the application;
and (4) Binds successors in interest of the lead participant for the specified period;
[and][and]sors in interest of the lead participant for the (f) A certification by the lead participant in the project that, if the application is approved, the participants in the project will:
- *AB226_R1* – 24 – 6.
(1) Current and valid Nevada driver’s license of the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee or a current and valid identification card for the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee;
(b)- If83rd theSession employee(2025) is– a25 registered– owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;
(a) Any request for a waiver of the requirements set forth in paragraphpar(b) (k)Any approval of subsectionsuch 2;a request for a waiver that is granted by the Executive Director of the Office.
and (b) Any approval of such a request for a waiver that is granted by the Executive Director of the Office.
The Executive Director of the Office shall post a request for a waiver of the requirements set forth in paragraph (k) of subsection 2 on the Internet website of the Office within 3 days after receiving the request and shall keep the request posted on the Internet website for not less than 5 days.
The Executive Director of the Office shall consider any comments posted on the Internet website concerning any request for a waiver of the requirements set forth in paragraph (k) of subsection - *AB226_R1* – 25 – 2 before making a decision regarding whether to approve the request.
If the Executive Director of the Office approves the request for a waiver, the Executive Director of the Office must post the approval on the Internet website of the Office within 3 days and ensure that the Internet website allows members of the public to post comments regarding the approval.
(Deleted by amendment.) Sec.- 83rd Session (2025) – 26 – 360.945 1.NRS 3On behalf of a project, the lead participant in the project may apply to the Office of Economic Development for:
8.
NRS 360.945 is hereby amended to read as follows:
360.945 1.
On behalf of a project, the lead participant in the project may apply to the Office of Economic Development for:
(a) Submit an application that meets the requirements of subsection 3;
an application that meets the requirements of (b) Provide documentation satisfactory to the Office that approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053;
- *AB226_R1* – 26 – (e) Provide documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographicgeo(f) boundariesProvide documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project site;operates;
(f) Provide documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;
(h)- Provide83rd documentationSession satisfactory(2025) to– the27 Office– of the number of qualified employees employed or anticipated to bebethe employed at the project by the participants;
(k) Provide documentation satisfactory to the Office that at least 50 percent of the employees engaged in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of Nevada residents available and qualified for such employment;
(n) Enter into an agreement with the governing body of the city or county in which the qualified project is located that:
-the *AB226_R1*city – 27 – (1) Requires the lead participant to pay the cost of any engineering or design work necessary to determine the cost of infrastructure improvements required to be made by the governing body pursuant to an economic development financing proposal approved pursuant to NRS 360.990;
and (2) Requires the lead participant to seek reimbursement for any costs paid by the lead participant pursuant to subparagraph (1) from- the83rd proceedsSession of(2025) bonds– of28 the– State of Nevada issued pursuant to NRS 360.991;
andandf bonds of the State of Nevada issued pursuant (o) Meet any other requirements prescribed by the Office.
(d) A detailed description of the plan by which the participants in the project intend to comply with the requirement that the participants collectively make a total new capital investment of at least $3.5 billion in this State in the 10-year period immediately followingfol(e) approvalIf ofthe application includes one or more abatements, an agreement executed by the application;Office with the lead participant in the project not later than 1 year after the date on which the application was received by the Office which:
(e) If the application includes one or more abatements, an agreement executed by the Office with the lead participant in the project not later than 1 year after the date on which the application was received by the Office which:
and (2) Submit a community benefits agreement to the Office not later than 2 years after the date on which the Office approves the application;
- *AB226_R1* – 28 – 4.
(a)- A83rd copySession of(2025) the– current29 and– valid Nevada driver’s license of the employee or a current and valid identification card for thetheof employee issued by the Department of Motor Vehicles;
6.the public and post on the Internet website for the Office:able to (a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection 2;
The Executive Director of the Office shall make available to the public and post on the Internet website for the Office:
(a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection 2;
The Executive Director of the Office shall post a request for a waiver of the requirements set forth in paragraph (k) of subsection 2 on the Internet website of the Office within 3 days after receiving the request and shall keep the request posted on the Internet website for not less than 5 days.
The Executive Director of the Office shall consider any comments posted on the Internet website concerning any request for a waiver of the requirements set forth in paragraph (k) of subsection 2 before making a decision regarding whether to approve the request.
If an applicant for one or more abatements pursuant to this section fails to execute the agreement described in paragraph (e) of - *AB226_R1* – 29 – subsection 3 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for an- abatement83rd pursuantSession (2025) – 30 – new application.suant to this section unless the applicant submits a newSecs. application.
Sec.9-11.
9.
10.
(Deleted by amendment.) Sec.
11.
(Deleted by amendment.) Sec.
(1)applicant Include,set withoutforth limitation,in athe application:a requirement that the applicant(I) setThe forthproposed inuse of the application:transferable tax credits;
(I) The proposed use of the transferable tax credits;
(b) The criteria which a person to whom a certificate of eligibility for transferable tax credits has been issued must satisfy to be issued a certificate of transferable tax credits.
After receipt of an application pursuant to this section, the Executive Director shall review and evaluate the application and determine whether the approval of the application would promote the economic development of this State and aid the implementation - *AB226_R1* – 30 – of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.
- 83rd Session (2025) – 31 – 4.
If the applicant is requesting transferable tax credits in an amount of $100,000 or less, the Executive Director may approve the application, subject to the provisions of subsection 6, if the Executive Director determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development.
7.application and issues a certificate of eligibility for transferable tax credits, the Office shall immediately forward a copy of the certificate of eligibility which identifies the estimated amount of the tax credits available pursuant to this section to:
If the Executive Director or the Board approves an application and issues a certificate of eligibility for transferable tax credits, the Office shall immediately forward a copy of the certificate of eligibility which identifies the estimated amount of the tax credits available pursuant to this section to:
Within 30 days after the receipt of the notice, the person shall make an irrevocable declaration of the amount of transferable tax credits that will be applied to each fee or tax set forth in paragraphs (a), (b) and (c) of - *AB226_R1*83rd –Session 31(2025) – subsection32 1,– thereby accounting for all of the credits which will be issued.
(c) An area eligible for a community development block grant pur(d) An enterprise community established pursuant to 24 C.F.R.
Part 570;
or (d) An enterprise community established pursuant to 24 C.F.R.
As used in this subsection, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is located, except the taxes imposed by the Sales and Use Tax Act and the Local SchoolSchooltaxes Support Tax Law.
3.- 83rd Session (2025) – 33 – governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development.
A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant - *AB226_R1* – 32 – to this section may submit the application to the Office of Economic Development.
(1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application and not later than 1 year after the date on which the Office approves the application;applica(2) That the business will, after the date on which the abatement becomes effective:
and (2) That the business will, after the date on which the abatement becomes effective:
§ 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R.
Part 570 or enterprise community established pursuant to 24 C.F.R.
(c) 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 will operate.
by the county, city or town in which the (d) The applicant invested or commits to invest a minimum of $500,000 in capital assets that will be retained at the location of the business in the historically underutilized business zone, as defined in 15 U.S.C.
§ 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R.
- 83rd Session (2025) – 34 – (e) The applicant has certified in the application that the business will, if the application is approved:
and - *AB226_R1* – 33 – (2) Submit a community benefits agreement to the Office not later than 2 years after the date on which the Office approves the application.
(a) The partial abatement must be for a duration of not less than 1 year but not more than 5 years.
If an applicant for a partial abatement pursuant to this section fails to execute the agreement described in paragraph (b) of subsection 3 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new request pursuant to subsection 1.1.ss the applicant 7.
7.
Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount- of83rd theSession partial(2025) abatement– required35 to– be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
- *AB226_R1* – 34 – 8.
(b)NRS;b) A redevelopment area created pursuant to chapter 279 of NRS;(c) An area eligible for a community development block grant pursuant to 24 C.F.R.
(c) An area eligible for a community development block grant pursuant to 24 C.F.R.
As used in this subsection, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.
(b)- Issuing83rd aSession certificate(2025) of– endorsement36 for– an application for such an abatement that is found to be beneficial for the economiceconomicr development of the county, city or town.
- *AB226_R1* – 35 – (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053;
(1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application and notnoter later than 1 year after the date on which the Office approves the application;
The agreement must bind successors in interest of the business forfor(c) The business is registered pursuant to the specifiedlaws period.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.
(c) 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.
§ 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development - 83rd Session (2025) – 37 – block grant pursuant to 24 C.F.R.
(e)business Thewill, applicantif hasthe certifiedapplication inis approved:ication that the application(1) thatCollaborate with the businesscommunity will,in ifwhich the applicationbusiness is approved:located;
(1) Collaborate with the community in which the business is located;
- *AB226_R1* – 36 – 4.
(a) The partial abatement must be for a duration of not less than 1 year but not more than 5 years.
If an applicant for a partial abatement pursuant to this section fails to execute the agreement described in paragraph (b) of subsection 3 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant for a submits a new request pursuant to subsection 1.
Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be- paid83rd pursuantSession to(2025) this– subsection,38 pay– interest on the amount due at the rate most recently established pursuant to NRS 99.040 forfordue each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
- *AB226_R1* – 37 – Sec.
Part 597 in this State may submit a request to the governing body of the county, city or town in which the business is located for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 of NRS or the local sales and use taxes.
(a)for Evaluatingthe whethereconomic development of the county, city or town.ficial (b) Issuing a certificate of endorsement for an application for such an abatement wouldthat is found to be beneficial for the economic development of the county, city or town.
(b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.
- 83rd Session (2025) – 39 – (a) (1) The businessState isPlan consistentfor with:Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053;
(1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053;
and - *AB226_R1* – 38 – (2) That the business will, after the date on which the abatement becomes effective:
and (II)in Continuethis subsection.inue to meet the eligibility requirements set forth The agreement must bind successors in thisinterest subsection.of the business for the specified period.
The agreement must bind successors in interest of the business for the specified period.
(e)business Thewill, applicantif hasthe certifiedapplication inis approved:ication that the application(1) thatCollaborate with the businesscommunity will,in ifwhich the applicationbusiness is approved:located;
(1) Collaborate with the community in which the business is located;
(a)- Determine83rd theSession percentage(2025) of– employees40 of– the business which meet the requirements of paragraph (d) of subsection 3 and grant a partial abatement equal to that percentage;
(a) The partial abatement must be for a duration of not less than 1 year but not more than 5 years.
(b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 - *AB226_R1* – 39 – percent of the taxes on personal property payable by a business each yea6.purIf an applicant for a partial abatement pursuant to this section fails to execute the agreement described in paragraph (b) of subsection 3 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to thatthis chapter.section unless the applicant submits a new request pursuant to subsection 1.
6.
If an applicant for a partial abatement pursuant to this section fails to execute the agreement described in paragraph (b) of subsection 3 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new request pursuant to subsection 1.
or (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3, the business shall repay to the Department of Taxation or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, 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 before Commission determines that the business has substantially complied with the requirements of this section.
Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for - 83rd Session (2025) – 41 – which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
10.who:0.
As used in this section, “dislocated worker” means a person who:(a) Has been terminated, laid off or received notice of termination or layoff from employment;
(a) Has been terminated, laid off or received notice of termination or layoff from employment;
- *AB226_R1* – 40 – (d) Has been self-employed but is no longer receiving an income from self-employment because of general economic conditions in the community or natural disaster;
or (e) Is currently unemployed and unable to return to a previous induSec.industry or occupation.
Sec.
H~~~~~ 25 - *AB226_R1*83rd Session (2025)
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View plain text versions (3)
- Enrolled As Enrolled Current pdf
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- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Vetoed by the Governor.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 19, Nays: 2.) To Assembly.
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From committee: Do pass. Placed on Second Reading File. Read second time.
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From committee: Do pass, as amended. Placed on General File. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 34, Nays: 7, Excused: 1.) To Senate. In Senate. Read first time. Referred to Committee on Revenue and Economic Development. To committee.
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From printer. To engrossment. Engrossed. First reprint. To committee.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 373.) Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To printer.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. To printer.
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Prefiled. Referred to Committee on Revenue.
Sponsors
- Erica Mosca · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Mosca, Erica Democratic
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"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.
Subjects
Frequently asked questions
- Who sponsors AB 226?
- AB 226 is sponsored by Mosca, Erica (Democratic).
- What is the current status of AB 226?
- This bill died with 2025 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 226?
- Track AB 226 free on One Click Politics — get push/email alerts when it moves.
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