reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67583 - Categorical exclusion: Eligibility of water project

Current through June 11, 2024
1. To determine whether a water project is
				eligible for a categorical exclusion, the Division shall review the information
				included in the letter of intent filed by the applicant pursuant to NAC
				445A.67578.
2. The following types
				of water projects may be eligible for a categorical exclusion:
(a) The rehabilitation of an existing
				facility;
(b) The replacement of
				equipment or structures;
(c)
				Construction of a small structure on an existing site;
(d) Minor upgrading or expansion of the
				existing capacity of:
(1) The distribution
				system of a public water system; or
(2) A public water system to develop and
				treat water; or
(e) Any
				other water project for which there is sufficient evidence that a significant
				effect on the quality of the environment is unlikely.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67584 - Categorical exclusion: Public notice; period for public comment

Current through June 11, 2024
1. If the Division determines that a water
				project is eligible for a categorical exclusion pursuant to NAC
				445A.67583, the Division shall
				provide notice of its intent to grant the categorical exclusion.
2. The notice that the Division provides
				pursuant to subsection 1 must be:
(a) Unless
				otherwise required by federal law, published on an Internet website designed to
				give general public notice;
(b)
				Provided to persons potentially affected by the water project, including,
				without limitation, adjacent landowners;
(c) Mailed by the Division to each person
				included on a mailing list maintained by the Division;
(d) Provided to appropriate federal and state
				agencies; and
(e) Submitted to the
				state clearinghouse for review by other federal and state
				agencies.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67585 - Categorical exclusion: Criteria for and effect of granting, reviewing and responding to public comments

Current through June 11, 2024
1. The Division
				shall grant a categorical exclusion to an applicant if:
(a) The Division does not receive any
				significant comments pursuant to the notice it provides pursuant to NAC
				445A.67584; and
(b) The water
				project is otherwise eligible for the categorical exclusion.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67586 - Categorical exclusion: Reevaluation of decision by Division to grant exclusion

Current through June 11, 2024
1. If 5 years or
				more have passed since the Division has granted a water project a categorical
				exclusion and the Division has not yet recommended approval to the Board for
				Financing Water Projects, the Division shall reevaluate its decision to grant
				the exclusion, taking into consideration current environmental conditions and
				public views.
2. If the Division
				finds as a result of the review it undertakes pursuant to subsection 1 that:
(a) No significant changes have occurred
				since the Division granted the original categorical exclusion, the Division
				shall, before recommending approval of the water project to the Board for
				Financing Water Projects, issue a notice of its intention not to rescind its
				grant of the categorical exclusion pursuant to the procedures set forth in NAC
				445A.67584 and 445A.67585.
(b)
				Additional information is necessary, the Division may require the applicant to
				file an environmental assessment and follow any additional requirements of the
				process of environmental review set forth in NAC 445A.67587 to 445A.67612,
				inclusive.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.675875 - Draft environmental assessment: Process for public participation; notice of workshop; period for public comment

Current through June 11, 2024
1. An applicant
				shall, as necessary, provide for a public participation process to provide
				interested or affected persons a reasonable opportunity to submit to the
				applicant, orally or in writing, data, views or arguments upon a draft
				environmental assessment for a proposed water project.
2. The applicant shall provide notice of the
				time and place set for the workshop not less than 15 days before the workshop.
				The applicant may provide such notice by:
(a)
				Publishing a single notice :
(1) In a
				newspaper of general circulation in the area affected by the proposed water
				project; or
(2) Unless otherwise
				required by federal law, on an Internet website designed to give general public
				notice that has been approved by the Division;
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67588 - Draft environmental assessment: Action following consideration by Division

Current through June 11, 2024
1. After the
				Division considers the draft environmental assessment and public comments
				offered pursuant to the public participation process which were submitted to
				the Division pursuant to the provisions of NAC 445A.67587, the Division shall
				issue:
(a) A preliminary finding of no
				significant impact pursuant to NAC 445A.67589 to 445A.67592, inclusive;
				or
(b) A notice of intent to
				prepare an environmental impact statement pursuant to NAC 445A.67593 to
				445A.67612, inclusive.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67589 - Finding of no significant impact: Public notice; period for public comment

Current through June 11, 2024
1. If the Division determines that it intends
				to make a finding of no significant impact for a water project, the Division
				shall provide notice of its intention using the procedures for providing notice
				set forth in subsection 2. The Division shall list in its finding all
				mitigation measures the applicant must take.
2. The notice provided pursuant to subsection
				1 must be:
(a) Unless otherwise required by
				federal law, published on an Internet website designed to give general public
				notice;
(b) Provided to persons
				potentially affected by the water project, including, without limitation,
				adjacent landowners;
(c) Mailed by
				the Division to each person included on a mailing list maintained by the
				Division;
(d) Provided to
				appropriate federal and state agencies; and
(e) Submitted to the state clearinghouse for
				review by other federal and state agencies.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.6759 - Finding of no significant impact: Criteria for issuance; response to public comments

Current through June 11, 2024
1. The Division
				shall issue a finding of no significant impact to an applicant if:
(a) The Division does not receive any
				significant comments pursuant to the notice it provides pursuant to NAC
				445A.67589; and
(b) The water
				project is otherwise eligible for a finding of no significant impact.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67591 - Finding of no significant impact: Reevaluation of decision by Division to issue finding

Current through June 11, 2024
1. If 5 years or
				more have passed since the Division has issued a finding of no significant
				impact to a water project and the Division has not yet recommended approval to
				the Board for Financing Water Projects, the Division shall reevaluate its
				decision to issue the finding, taking into consideration current environmental
				conditions and public views.
2. If
				the Division finds as a result of the review it undertakes pursuant to
				subsection 1 that:
(a) No significant changes
				have occurred since the Division originally issued the finding of no
				significant impact, the Division shall, before recommending approval of the
				water project to the Board for Financing Water Projects, issue a notice to the
				public of its intention not to rescind its finding of no significant impact
				pursuant to the procedures set forth in NAC 445A.67589.
(b) Additional information is necessary to
				supplement the original environmental assessment, the Division may require the
				applicant to prepare and submit an environmental impact statement pursuant to
				NAC 445A.67594 to 445A.67612, inclusive.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67592 - Execution of loan contract following finding of no significant impact

Current through June 11, 2024
1. After the Division has issued a finding of
				no significant impact to an applicant pursuant to NAC 445A.6759, the Division
				may execute a loan contract with the applicant pursuant to NAC 445A.67617 to
				445A.67623, inclusive.
2. The
				Division shall ensure that the applicant will carry out any mitigation measures
				that the Division requires by conditioning the applicant's receipt of financial
				assistance upon the applicant's carrying out the mitigation measures.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270,
					 445A.295
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67593 - Partitioning of water project into discrete components: Request; requirements; determination by Division; restriction on loan contract

Current through June 11, 2024
1. An applicant may request that the Division
				allow the applicant to partition a water project into two or more discrete
				components if:
(a) The Division has
				determined that it will require the applicant to prepare and submit an
				environmental impact statement for the entire proposed water project pursuant
				to NAC 445A.67594 to 445A.67612, inclusive;
(b) The applicant has identified for the
				Division the reasonable alternatives to the entire proposed water project;
				and
(c) The remainder of the
				proposed water project satisfies the requirements of NAC 445A.67587 to
				445A.67612, inclusive.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67594 - Environmental impact statement: When required

Current through June 11, 2024
The Division shall require an applicant to prepare and submit
				  an environmental impact statement if the Division determines that:
1. The applicant's proposed water project is
				not eligible for a categorical exclusion or a finding of no significant impact;
				and
2. The water project is known
				or expected to:
(a) Have a significant effect
				on the quality of the human environment, individually, cumulatively over time
				or in conjunction with other federal, state, local or private actions;
				or
(b) Affect, directly or
				indirectly, recognized:
(1) Cultural
				resources;
(2) Habitats of
				endangered or threatened species;
(3) Environmentally important natural
				resource areas, including, without limitation:
(I) Floodplains;
(II) Wetlands;
(III) Environmentally significant
				agricultural land;
(IV) Aquifer
				recharge zones;
(V) Scenic areas;
				or
(VI) Other resource
				areas.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67595 - Environmental impact statement: Public notice; meeting of interested parties; preparation of draft

Current through June 11, 2024
1. After the
				Division determines that it shall require an applicant to prepare and submit an
				environmental impact statement for a proposed water project, the Division shall
				provide notice of its intent to require the applicant to prepare an
				environmental impact statement.
2.
				The notice provided pursuant to subsection 1 must be:
(a) Unless otherwise required by federal law,
				published on an Internet website designed to give general public
				notice;
(b) Provided to persons who
				are potentially affected by the water project, including, without limitation,
				adjacent landowners;
(c) Mailed by
				the Division to each person included on a mailing list maintained by the
				Division for the water project;
(d)
				Provided to appropriate federal agencies; and
(e) Submitted to the state clearinghouse for
				review by other federal and state agencies.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67596 - Environmental impact statement: Public workshops; additional procedures for ensuring public participation

Current through June 11, 2024
1. The Division
				shall schedule and hold public workshops concerning an environmental impact
				statement pursuant to NAC 445A.67558, and the Division shall provide notice of
				each workshop not less than 30 days before the date of the workshop.
2. The Division shall schedule not less than
				two public workshops concerning an environmental impact statement.
3. The Division shall hold a public workshop
				only after alternatives to a proposed water project have been developed but
				before a draft of the environmental impact statement is done.
4. The Division may institute any additional
				procedures for ensuring public participation as it determines are
				necessary.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270,
					 445A.295
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67597 - Environmental impact statement: Distribution of draft by applicant; public notice of availability of draft; period for public comment

Current through June 11, 2024
1. The applicant shall:
(a) Provide two paper copies and one
				electronic copy of the draft environmental impact statement to the
				Division;
(b) Provide copies of the
				draft environmental impact statement to all local, state and federal agencies
				and public organizations that have an interest in the proposed water project;
				and
(c) Make copies of the draft
				environmental impact statement available for public review.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67598 - Environmental impact statement: Issuance of final determination of completion of environmental review; response to public comments

Current through June 11, 2024
1. If no significant comments are received by
				the Division within the time prescribed in NAC 445A.67597, the Division may
				issue its final determination that the process of environmental review is
				complete.
2. The Division shall:
(a) Review all comments that it receives
				within the time prescribed in NAC 445A.67597;
(b) Respond to any of those comments which it
				deems significant; and
(c) Provide
				those responses to the applicant for incorporation into the final environmental
				impact statement.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67599 - Environmental impact statement: Fee for copies of documents

Current through June 11, 2024
The Division:
1.
				Shall, upon the request of any person, provide that person with a copy of any
				version of the environmental impact statement or any supporting documents;
				and
2. May charge a reasonable fee,
				not to exceed the cost of reproduction, for each copy.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270,
					 445A.295
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.6761 - Preparation of final environmental impact statement

Current through June 11, 2024
An applicant shall prepare or have prepared a final
				  environmental impact statement after the time for public comment and public
				  workshops concludes and after considering any comments received during the
				  process for public participation. The final environmental impact statement must
				  consist of:
1. The draft environmental
				impact statement;
2. Copies of all
				written comments and summaries of all oral comments received concerning the
				draft environmental impact statement;
3. The names and addresses of all persons who
				commented on the draft environmental impact statement;
4. Copies of any responses to comments
				provided by the Division pursuant to NAC 445A.67598; and
5. Any other information deemed appropriate
				by the Division.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270,
					 445A.295
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67611 - Completion of process of environmental review; compliance with mitigation; prerequisites to execution of loan contract; changes in design or environmental conditions

Current through June 11, 2024
1. After an
				applicant submits a final environmental impact statement to the Division, the
				Division shall complete the process of environmental review by:
(a) Reviewing the final environmental impact
				statement; and
(b) Issuing a record
				of decision that identifies any appropriate mitigation.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Environmental Review of Proposed Water Projects › Section 445A.67612 - Reevaluation of decision by Division regarding final environmental impact statement

Current through June 11, 2024
1. If 5 years or
				more have passed since the Division has issued its record of decision regarding
				a final environmental impact statement and the Division has not yet recommended
				approval to the Board for Financing Water Projects, the Division shall
				reevaluate its decision, taking into consideration current environmental
				conditions and public views.
2. If
				the Division finds, as a result of its review pursuant to subsection 1, that no
				significant changes have occurred since the original record of decision was
				made, the Division shall, before recommending approval of the water project by
				the Board for Financing Water Projects, issue a notice of its intention not to
				change the original record of decision. The Division shall:
(a) Unless otherwise required by federal law,
				publish the notice on an Internet website designed to give general public
				notice;
(b) Provide the notice to
				persons potentially affected by the water project, including adjacent
				landowners;
(c) Mail the notice to
				each person included on the mailing list maintained by the Division for the
				water project;
(d) Provide the
				notice to appropriate federal agencies; and
(e) Submit the notice to the state
				clearinghouse for review by other state and federal agencies.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.67613 - Filing and contents of application; submission of additional information

Current through June 11, 2024
1. An applicant may make a formal request for
				financial assistance from the Account for the Revolving Fund by filing with the
				Division an application at any time after the applicant has filed the letter of
				intent pursuant to the provisions of NAC
				445A.67577.
2. An application for a short-term loan
				submitted pursuant to NAC
				445A.67562 must include, without
				limitation:
(a) The name, postal address,
				electronic mail address and telephone number of the applicant or a legal
				representative of the applicant;
(b) A brief description of the proposed water
				project, including, without limitation, its effect on the public water
				system;
(c) A brief description of
				the need for water project planning, design and other related costs;
(d) The estimated costs for the
				request;
(e) Information necessary
				to understand the alternatives to be considered and their environmental
				impact;
(f) Information about the
				financial history and financial projections of the applicant, as necessary for
				the Division to determine the creditworthiness of the applicant;
(g) Information necessary for the Division to
				determine how the loan is to be repaid; and
(h) Any other information deemed necessary by
				the Division.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.67614 - Initial evaluation of application

Current through June 11, 2024
1. Upon receipt of
				an application, the Division shall evaluate:
(a) The application to determine whether the
				applicant submitted all the information required pursuant to NAC
				445A.67613;
(b) The ability of the
				public water system to provide for:
(1) The
				continuing replacement of components of the public water system that are
				functionally obsolete or worn out;
(2) Current and anticipated debt service;
				and
(3) Current and future expenses
				of operation and maintenance;
(c) The capability of the public water system
				to remain in compliance with the Safe Drinking Water Act and NAC 445A.450 to
				445A.6731, inclusive;
(d) Whether
				adequate collateral, if it was required, has been provided by the applicant to
				secure the loan;
(e) The sources
				that the applicant will draw on to repay the loan so that the Division may
				determine whether the sources are of sufficient amount and certainty to repay
				fully the loan and provide for the upkeep of the public drinking water system;
				and
(f) Whether the water project
				is consistent with any comprehensive planning and zoning provisions applicable
				to the area, including, without limitation, management plans, development plans
				and county planning activities.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.676142 - Use of value engineering; submission of water project for peer review

Current through June 11, 2024
1. An applicant shall conduct value
				engineering if the total estimated cost of constructing the water project is
				more than $10,000,000. Any recommendations derived from the value engineering
				must be carried out to the extent feasible.
2. If the Division determines that a water
				project is especially complex, the Division shall require the applicant to
				submit the project for peer review.
3. As used in this section:
(a) "Peer review" means a cursory review of
				the work of the design engineer for a water project, conducted by a person with
				equal competence and expertise in that discipline who is retained by the
				applicant specifically to provide suggestions or comments which may enhance the
				performance of the water project or aid in the operation and maintenance of the
				water project; and
(b) "Value
				engineering" means a specialized technique for controlling costs which uses a
				systematic and creative approach to identify and focus on any unnecessary cost
				to reduce the cost of a water project without affecting the reliability or
				efficiency of the water project.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.676144 - System of user charges

Current through June 11, 2024
Any system of user charges proposed by an applicant
				  must:
1. Be designed to produce the
				money required for the costs of operation, maintenance and replacement of the
				water project and public water system;
2. Provide that each user or class of users
				shall pay its proportionate share of the costs of operation, maintenance and
				replacement of the water project and public water system; and
3. Include an adequate system of financial
				management that will account accurately for revenues generated by the system
				and expenditures for operation, maintenance and replacement based on an
				adequate budget identifying the basis for determining the annual cost of
				operation and maintenance, including, without limitation, the cost of
				personnel, equipment, services, supplies, energy and administration, and
				replacement of facilities that have exceeded their useful life.
Added to NAC by Bd. of Health by R067-98, eff. 7-23-98; A
					 by Environmental Comm'n by R128-04, 2-14-2005; R099-14, 10-24-2014 -
					 Substituted in revision for NAC 445A.67632
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.676146 - Use of rate structures for repayment of loan

Current through June 11, 2024
1. If
				the Division determines that it is necessary for an applicant to impose a
				separate rate structure to repay a loan for a water project, the applicant
				shall:
(a) Adopt a resolution or take such
				other action as is required to impose its system of user charges, contingent
				upon the commitment of money requested by the applicant; and
(b) Submit to the Division documentation of
				the adoption of the resolution or other action, before the Board for Financing
				Water Projects takes action on a water project for which the Division has
				submitted a recommendation pursuant to NAC 445A.67619.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.67615 - Completion of application; waiver of requirements for certain permits; submission of incomplete application

Current through June 11, 2024
1. An application
				is complete when the Division determines that the applicant has supplied all
				the information required in this section and NAC 445A.67613.
2. Except as otherwise provided in
				subsections 3 and 4, an application is not complete until the Division
				receives:
(a) A copy of any permit necessary
				for compliance with planning and zoning requirements, including, without
				limitation, any necessary variances or special use permits; or
(b) A copy of any permit that an agency has
				issued that is a necessary prerequisite for the proposed water project to
				proceed.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.67616 - Additional documentation required with applications regarding certain water projects

Current through June 11, 2024
If a water project will serve two or more public water
				  systems, the applicant shall submit with the application an executed copy of
				  any interagency agreement, contract or other legally binding instrument that is
				  necessary for the financing, construction and operation of the proposed water
				  project. This instrument must set forth the basis upon which costs are
				  allocated, the formula by which costs are allocated and the manner in which the
				  system of allocating costs will be administered.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.67617 - Rejection of application

Current through June 11, 2024
The Division shall reject an application if the applicant
				  fails to:
1. Submit a complete
				application pursuant to NAC 445A.67613 and 445A.67614;
2. Provide documentary evidence that the
				applicant has access to dedicated sources of revenue that are sufficient, in
				the judgment of the Division, to ensure repayment of the loan;
3. Provide adequate collateral for the
				loan;
4. Demonstrate the legal,
				technical, managerial, institutional and financial capability to provide
				adequately for the operation, maintenance and replacement of the public water
				system during the term of the loan;
5. Demonstrate the technical, financial and
				managerial capability required for continuous compliance with the Safe Drinking
				Water Act and NAC 445A.450 to 445A.6731, inclusive; and
6. Carry out any mitigating measures that the
				Division has required
.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.67618 - Preparation of written report

Current through June 11, 2024
Upon determining that an application is complete, the
				  Division shall prepare a written report which includes:
1. An evaluation of the
				application;
2. The financial
				feasibility of the proposed water project;
3. The status of any funding available from
				the Account for the Revolving Fund;
4. A review and analysis of the
				creditworthiness of the applicant;
5. An analysis of the level of risk for the
				loan;
6. An opinion regarding the
				technical, managerial and financial capability of the applicant;
7. An evaluation of the capability of the
				public water system to remain in compliance with the Safe Drinking Water Act,
				chapter 445A of NRS and this chapter; and
8. Any other information deemed necessary by
				the Division.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.67619 - Final review of application; submission of written report and recommendation to Board for Financing Water Projects; request for hearing

Current through June 11, 2024
The Division shall:
1. Review the completed application and any
				records and other documents submitted by the applicant concerning the water
				project to evaluate whether:
(a) The proposed
				water project is feasible from an engineering and legal standpoint, is
				economically justified and is financially feasible;
(b) There is adequate assurance that the
				applicant can repay the loan;
(c)
				The applicant has taken sufficient and reasonable efforts to determine whether
				the proposed water project conflicts with any regional master plan of any
				local, state or federal governing authority, and those efforts have not
				revealed such a conflict;
(d) If a
				bond is to be issued, the applicant has executed a legally binding statement
				not to undertake to commit the State and any other political subdivision or
				municipality, other than the applicant, to incur any pecuniary liability in
				connection with the repayment of the bond; and
(e) If a bond is not to be issued, the
				applicant has executed any agreements for security and collateral required by
				the Division.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.6762 - Notification of action taken regarding recommendations (Repealed)

Current through June 11, 2024
Added to
				  NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by
				  R128-04, 2-14-2005; R by
				  
				  R099-14, eff. 10/24/2014
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.67621 - Submission of final set of plans and specifications for water project; examination by Division

Current through June 11, 2024
1. Before
				advertising for bids, a recipient shall submit to the Division a final set of
				plans and specifications for the water project.
2. The Division shall examine the plans and
				specifications to determine whether:
(a) The
				water project will satisfy the requirements set forth in NAC 445A.453 and
				445A.455; and
(b) The water project
				will comply with all applicable federal and state requirements.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.67622 - Loan contract: Conditions for offer

Current through June 11, 2024
The Division shall not offer a loan contract to an applicant
				  until:
1. The Board for Financing
				Water Projects has issued its approval of the water project to the applicant;
				and
2. The applicant has:
(a) Submitted to the Division a definite
				schedule for the water project which includes:
(1) A reasonable period to complete the water
				project after the commencement of bidding; and
(2) The times when funds are expected to be
				drawn from the Account for the Revolving Fund;
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Filing, Review and Approval of Applications for Financial Assistance › Section 445A.67623 - Loan contract: Conditions for execution; requirements

Current through June 11, 2024
The applicant and the Administrator may execute a loan
				  contract only after any conditions to the commitment of financial assistance
				  have been met, including, without limitation, that the applicant has
				  established any reserve account that is required by the Division for capital
				  replacement or debt service.
Added to
				  NAC by Bd. of Health by R067-98, eff. 7-23-98; A by
				  R099-14,
				  eff. 10/24/2014; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.676235 - Submission of final set of plans and specifications for water project; examination by Division

Current through June 11, 2024
1. Before
				advertising for bids, a recipient shall submit to the Division a final set of
				plans and specifications for the water project.
2. The Division shall examine the plans and
				specifications to determine whether:
(a) The
				water project will satisfy the requirements set forth in NAC 445A.453 and
				445A.455; and
(b) The water project
				will comply with all applicable federal and state requirements.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67624 - Submission of certain documentation and information to Division before commencing construction of water project; issuance of notice to proceed

Current through June 11, 2024
1. Before commencing the construction of a
				water project, a recipient shall submit to the Division:
(a) Bidding schedules, estimated schedules of
				payment and any other information the Division deems necessary to determine the
				progress of the water project;
(b)
				Proof of the receipt of all permits required to construct the water
				project;
(c) Documentation that any
				procedures for purchasing and contracting required by a state agency or the
				Federal Government will be followed;
(d) Agendas for any conferences regarding the
				water project held by the recipient before the commencement of bidding and
				construction;
(e) Schedules for the
				design of the project, engineering, the procurement of materials, construction
				and any other activity related to the water project; and
(f) Any other documents that the Division
				deems necessary.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67625 - Provision of certain documentation and reports to Division during construction of water project (Repealed)

Current through June 11, 2024
Added to
				  NAC by Bd. of Health by R067-98, eff. 7-23-98; R by
				  
				  R099-14, eff. 10/24/2014
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67626 - Disbursement of money pursuant to loan: Submission of requests and proof of appropriate distribution by recipient; requirements

Current through June 11, 2024
1. A recipient:
(a) May submit to the Division periodic
				requests for the disbursement of money pursuant to the loan. Each request must
				be on a form provided by the Division.
(b) Shall submit to the Division
				documentation demonstrating that any prior disbursements of money pursuant to
				the loan have been distributed by the recipient in an appropriate manner. The
				proof must consist of copies of the front and back of cancelled checks issued
				by the recipient for the payment of reimbursable costs.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67627 - Submission of certain documents and information to Division upon completion of water project; availability of unused amount of loan

Current through June 11, 2024
1. After a recipient has completed a water
				project, the recipient shall submit to the Division for its approval:
(a) A final engineering report that describes
				the water project as it was constructed;
(b) Drawings of the water project as it was
				built which depict any material changes from the initial plans for the water
				project;
(c) The dates the water
				project was tested, accepted and placed into service;
(d) A notice of completion of the water
				project; and
(e) A statement of the
				final costs for the water project.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67628 - Adoption by reference of certain accounting pronouncements; maintenance of separate accounts for water projects

Current through June 11, 2024
1. The
				Commission hereby adopts by reference the most current pronouncements issued by
				the Governmental Accounting Standards Board, unless a pronouncement is
				disapproved by the Commission within 60 days after the date the pronouncement
				is published. The Commission will review each pronouncement to ensure its
				suitability for this State. A copy of the pronouncements is available from the
				Governmental Accounting Standards Board free of charge at the Internet address
https://www.gasb.org
2. The Commission hereby adopts by reference
				the pronouncements issued by the Financial Accounting Standards Board on or
				before November 30, 1989. If the pronouncements issued by the Financial
				Accounting Standards Board on or before November 30, 1989, conflict with the
				most current pronouncements issued by the Governmental Accounting Standards
				Board adopted by reference pursuant to subsection 1, the pronouncements issued
				by the Governmental Accounting Standards Board apply. The pronouncements are
				available, free of charge, from the Financial Accounting Standards Board at the
				Internet address
https://www.fasb.org
.
3. A recipient shall maintain separate
				accounts for water projects in accordance with generally accepted accounting
				principles, including, without limitation, those adopted by reference in
				subsections 1 and 2.
Added to
				  NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by
				  R128-04, 2-14-2005; A by
				  R099-14,
				  eff. 10/24/2014; A by
				  R109-22A,
				  eff. 12/29/2022
NRS 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67629 - Maintenance of records and accounts

Current through June 11, 2024
1. A recipient
				shall:
(a) Establish an official file for the
				water project, which must contain an adequate record of all significant actions
				relating to the water project;
(b)
				Establish accounts that accurately and adequately show all amounts of money:
(1) Received as financial assistance from the
				Account for the Revolving Fund;
(2)
				Received and spent on the water project; and
(3) Received as income from the water
				project;
(c) Establish a
				system of accounting, which ensures that the total costs of the water project,
				including all direct and indirect costs, are recorded accurately;
(d) Establish and maintain such other
				accounts and records as are required by the Division to comply with
				requirements for reporting established by the Federal Government; and
(e) Retain all records relating to the water
				project for at least 3 years after final repayment of financial assistance has
				been made or for any longer period required by the Division.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.6763 - Audit of financial records relating to water project

Current through June 11, 2024
1. Whenever an audit is required by federal
				law or by an agency of the Federal Government, or whenever the Division
				determines that an audit is necessary to ensure the integrity of the Account
				for the Revolving Fund, the Division may require that an audit be performed of
				financial records relating to a water project.
2. Any audit required pursuant to this
				section must be performed at the expense of the recipient by a certified public
				accountant who is independent of the recipient.
3. A report of the audit must be prepared by
				the auditor required pursuant to subsection 2 in the form prescribed by the
				Division.
Added to NAC by Bd. of
				  Health by R067-98, eff. 7-23-98
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67631 - Use of value engineering; submission of water project for peer review

Current through June 11, 2024
1. An applicant shall conduct value
				engineering if the total estimated cost of constructing the water project is
				more than $10,000,000. Any recommendations derived from the value engineering
				must be carried out to the extent feasible.
2. If the Division determines that a water
				project is especially complex, the Division shall require the applicant to
				submit the project for peer review.
3. As used in this section:
(a) "Peer review" means a cursory review of
				the work of the design engineer for a water project, conducted by a person with
				equal competence and expertise in that discipline who is retained by the
				applicant specifically to provide suggestions or comments which may enhance the
				performance of the water project or aid in the operation and maintenance of the
				water project; and
(b) "Value
				engineering" means a specialized technique for controlling costs which uses a
				systematic and creative approach to identify and focus on any unnecessary cost
				to reduce the cost of a water project without affecting the reliability or
				efficiency of the water project.
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67632 - System of user charges

Current through June 11, 2024
Any system of user charges proposed by an applicant
				  must:
1. Be designed to produce the
				money required for the costs of operation, maintenance and replacement of the
				water project and public water system;
2. Provide that each user or class of users
				shall pay its proportionate share of the costs of operation, maintenance and
				replacement of the water project and public water system; and
3. Include an adequate system of financial
				management that will account accurately for revenues generated by the system
				and expenditures for operation, maintenance and replacement based on an
				adequate budget identifying the basis for determining the annual cost of
				operation and maintenance, including, without limitation, the cost of
				personnel, equipment, services, supplies, energy and administration, and
				replacement of facilities that have exceeded their useful life.
Added to
				  NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by
				  R128-04, 2-14-2005; A by
				  
				  R099-14, eff. 10/24/2014
NRS
					 445A.270
Nevada Administrative Code › Chapter 445A - Water Controls › ACCOUNT FOR THE REVOLVING FUND AND ACCOUNT FOR SET-ASIDE PROGRAMS › Requirements for Water Projects › Section 445A.67633 - Use of rate structures for repayment of loan

Current through June 11, 2024
1. If
				the Division determines that it is necessary for an applicant to impose a
				separate rate structure to repay a loan for a water project, the applicant
				shall:
(a) Adopt a resolution or take such
				other action as is required to impose its system of user charges , contingent
				upon the commitment of money requested by the applicant; and
(b) Submit to the Division documentation of
				the adoption of the resolution or other action, before the Board for Financing
				Water Projects takes action on a water project for which the Division has
				submitted a recommendation pursuant to NAC 445A.67619