Section 701A.260 - Submission of information regarding receipt of another abatement or exemption; designation and duties of tax abatement coordinator for building; suspension of certificate of eligibility; issuance of certificate of termination or reduction of eligibility1. After a certificate of eligibility has been issued pursuant to NAC 701A.240 and until the term of the abatement expires, the owner of the building or other structure to which the certificate of eligibility relates shall annually, on or before the anniversary date of the issuance of the certificate of eligibility, submit to the Director a determination of eligibility form. Except as otherwise provided in subsection 2, beginning on the second year of the abatement and until the term of the abatement expires, the form must be accompanied by an energy efficiency report. The form and energy efficiency report must contain such information and be accompanied by such supporting documentation as the Director may require to determine whether the building or other structure to which the certificate of eligibility relates continues to be eligible for the partial tax abatement to which the certificate of eligibility relates.2. The energy efficiency report required by subsection 1 must consist of an update and analysis by a third party comparing the present energy performance of the building or other structure with the energy performance documented in the original energy model, commissioning report and energy audit submitted with the application for a certificate of eligibility. The Director may exempt the owner of a building or other structure for which a certificate of eligibility has been issued pursuant to NAC 701A.340 from the requirement to submit an energy efficiency report for a project beginning with the third year of the partial tax abatement if the owner can demonstrate that the project has sustained or improved upon the Energy Star Rating or equivalent rating that was achieved by the project at the time the partial tax abatement was awarded.3. If, after reviewing the information and documentation submitted pursuant to subsection 1, the Director determines that the building or other structure continues to qualify for the level of certification for which the partial tax abatement was issued, the Director will provide an acknowledgment of that continued qualification to the owner of the building or other structure and the persons and entities described in subparagraph (3) of paragraph (b) of subsection 1 of NRS 701A.110.4. After a certificate of eligibility has been issued pursuant to NAC 701A.240, the tax abatement coordinator for a building or other structure to which the certificate of eligibility relates shall: (a) Notify the Director if the building or other structure is sold during the term of the partial tax abatement; and(b) Provide the buyer of the building or other structure with written notice of the certificate of eligibility and a copy of the statutes and regulations regarding the owner's rights and responsibilities relating to the certificate of eligibility.5. Upon determining that the parcel on which the building or other structure is located is receiving another abatement or exemption pursuant to NRS 361.045 to 361.159, inclusive, or chapter 701A of NRS from the taxes imposed on real property by chapter 361 of NRS, the Director will notify the owner of the building or other structure and the Department of Taxation in writing that the certificate of eligibility relating to the building or other structure has been suspended, and indicate the term of the suspension.6. Upon determining that the building or other structure may have ceased to qualify for the level of certification for which the partial tax abatement was issued, or that the owner of the building or other structure may have failed to comply with any conditions imposed by the Director in issuing the partial tax abatement, the Director will notify the owner of the building or other structure of the findings of the Director and provide the owner a reasonable opportunity to cure any noncompliance issues included in the findings. If the owner fails to cure the noncompliance issues within the time or in accordance with the terms provided by the Director, the Director will issue a certificate of termination or reduction of eligibility, including his or her findings of fact, conclusions of law and order, which declares that the building or other structure has ceased to meet the standard upon which the certificate of eligibility was based, specifies the areas of noncompliance, and terminates the partial tax abatement or reduces the partial tax abatement to the level of certification for which the building or other structure qualifies. The Director will provide a copy of the certificate of termination or reduction of eligibility to the owner of the building or other structure and the persons and entities described in paragraph (b) of subsection 7 of NRS 701A.110.7. A certificate of termination or reduction of eligibility issued pursuant to this section is a final order of the Director for purposes of judicial review.8. For the purposes of this section: (a) On or before the date of submission to the Director of proof that a building or other structure meets the equivalent of the silver level or higher of the LEED Rating System or the rating of Two Green Globes or higher under the Green Globes Rating System, the applicant for a partial tax abatement shall designate a tax abatement coordinator for the building or other structure, and submit the name and address of the tax abatement coordinator to the Director; and(b) Within 60 days after:(1) The sale or other transfer of ownership of the building or other structure during the term of the partial tax abatement, the purchaser or other transferee shall designate a tax abatement coordinator for the building or other structure, and submit the name and address of the tax abatement coordinator to the Director; and(2) The designation of any successor tax abatement coordinator for the building or other structure during the term of the partial tax abatement, the successor shall submit his or her name and address to the Director.Nev. Admin. Code § 701A.260
Added to NAC by Office of Energy by R116-07, eff. 12-4-2007; A by R127-13, 6-23-2014; A by R128-18A, eff. 1/30/2019