Nevada SB 314: Revises provisions related to the installation of certain systems for obtaining wind energy. (BDR 22-482)

Bill Text

S.B. 314 
 
- *SB314* 
 
S
ENATE BILL NO. 314–COMMITTEE ON  
COMMERCE, LABOR AND ENERGY 
 
M
ARCH 17, 2017 
____________ 
 
Referred to Committee on Government Affairs 
 
SUMMARY—Revises   provisions   related   to   the   installation   of   
certain    systems    for    obtaining    wind    energy.    
(BDR 22-482) 
 
FISCAL NOTE:  Effect on Local Government: No. 
 Effect on the State: No. 
 
~ 
 
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 
 
 
AN   ACT   relating   to   renewable   energy;   revising   provisions   
concerning  restrictions  or  requirements  imposed  by  the  
governing  body  of  a  local  government  on  the  installation  
of  a  system  for  obtaining  wind  energy;  specifying  that  a  
governing   body   is   not   precluded   from   denying   the   
issuance  of  a  permit  for  the  installation  of  a  system  for  
obtaining  wind  energy  based  on  a  determination  that  
installation  of  the  system  represents  a  danger  to  the  
health, safety or welfare of the public; and providing other 
matters properly relating thereto. 
Legislative Counsel’s Digest: 
  Under  existing  law,  the  governing  body  of  a  city  or  county:  (1)  may  enact  
1 
zoning regulations and restrictions to promote the health, safety, morals or general 2 
welfare  of  the  community;  (2)  is  prohibited  from  adopting  an  ordinance  or  taking  3 
any other action which unreasonably prohibits or restricts an owner of real property 4 
from using a system for obtaining wind energy on his or her property; and (3) may 5 
impose  a  reasonable  restriction  on  the  use  of  a  system  for  obtaining  wind  energy  6 
which  is  related  to  the  finish,  height,  location,  noise,  safety  or  setback  of  the  7 
system. (NRS 278.020, 278.02077) 8 
 This bill deletes the provision which specifies that the governing body or a city 9 
or county may impose reasonable restrictions on the use of a system for obtaining 10 
wind energy which are related to the height of the system. This bill instead provides 11 
that  the  governing  body  of  a  city  or  county  is  not  precluded  from  denying  an  12 
application for a permit for the installation of a system for obtaining wind energy if 13 
the governing body determines, based on the size, height, location or configuration 14 

 
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- *SB314* 
of  the  system,  that  installation  of  the  system  represents  a  danger  to  the  health,  15 
safety or welfare of the public. 16 
 
 
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 
 
     Section     1.       NRS  278.02077  is  hereby  amended  to  read  as  
1 
follows: 2 
 278.02077    1.    Except as otherwise provided in subsection 2: 3 
 (a)  A governing body shall not adopt an ordinance, regulation or 4 
plan or take any other action that prohibits or unreasonably restricts 5 
the  owner  of  real  property  from  using  a  system  for  obtaining  wind  6 
energy on his or her property. 7 
      (b)   Any  covenant,  restriction  or  condition  contained  in  a  deed,  8 
contract  or  other  legal  instrument  which  affects  the  transfer  or  sale  9 
of,  or  any  other  interest  in,  real  property  and  which  prohibits  or  10 
unreasonably restricts the owner of the property from using a system 11 
for  obtaining  wind  energy  on  his  or  her  property  is  void  and  12 
unenforceable. 13 
 2.    The provisions of subsection 1 do not [prohibit] : 14 
 (a)  Prohibit  a reasonable restriction or requirement: 15 
 [(a)]  (1)  Imposed  pursuant  to  a  determination  by  the  Federal  16 
Aviation  Administration  that  the  installation  of  the  system  for  17 
obtaining wind energy would create a hazard to air navigation; or 18 
 [(b)] (2)  Relating to the finish, [height,] location, noise, safety or 19 
setback of a system for obtaining wind energy [.] ; or 20 
 (b)  Preclude a governing body from denying an application for 21 
the  issuance  of  a  permit  or  special  use  permit  for  the  installation  22 
of  a  system  for  obtaining  wind  energy  if  the  governing  body  23 
determines, based on the size, height, location or configuration of 24 
the  system,  that  installation  of  the  system  represents  a  danger  to  25 
the health, safety or welfare of the public. 26 
 
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