Nevada § 360.889 - Submittal of application on behalf of project; submission of request for approval of application to Interim Finance Committee; contents of application; provision of additional documentation

of Economic Development for: (a) A certificate of eligibility for transferable tax credits which may be applied

to: (1) Any tax imposed by chapters 363A and 363B of NRS; (2) The gaming license fees imposed by the provisions of NRS 463.370 ; (3) Any tax imposed by chapter 680B of NRS ; or (4) Any combination of the fees and taxes described in subparagraphs (1), (2) and

(3). (b) A partial abatement of property taxes, employer excise taxes or local sales and

use taxes, or any combination of any of those taxes. 2. For a project to be eligible for the transferable tax credits described in paragraph

(a) of subsection 1 and the partial abatement of the taxes described in paragraph

(b) of subsection 1, the lead participant in the project must, on behalf of the project: (a) Submit an application that meets the requirements of subsection 5; (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 ; (c) Provide documentation satisfactory to the Office that the participants in the

project collectively will make a total new capital investment of at least $1 billion

in this State within the 10-year period immediately following approval of the application; (d) Provide documentation satisfactory to the Office that the participants in the

project are engaged in a common business purpose or industry; (e) Provide documentation satisfactory to the Office that the place of business of

each participant is or will be located within the geographic boundaries of the project

site or sites; (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; (g) Provide documentation satisfactory to the Office of the number of employees engaged

in the construction of the project; (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; (i) Provide documentation satisfactory to the Office that each employer engaged in

the construction of the project provides a plan of health insurance and that each

employee engaged in the construction of the project is offered coverage under the

plan of health insurance provided by his or her employer; (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; (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) Agree to provide the Office with a full compliance audit of the participants in

the project at the end of each fiscal year which: (1) Shows the amount of money invested in this State by each participant in the project; (2) Shows the number of employees engaged in the construction of the project and the

number of those employees who are residents of Nevada; (3) Shows the number of employees employed at the project by each participant and

the number of those employees who are residents of Nevada; and (4) Is certified by an independent certified public accountant in this State who is

approved by the Office; (m) Pay the cost of the audit required by paragraph (l); (n) Enter into an agreement with the governing body of the city or county in which

the qualified project is located that: (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 the proceeds of bonds issued pursuant

to NRS 360.991 ; and (o) Meet any other requirements prescribed by the Office. 3. In addition to meeting the requirements set forth in subsection 2, for a project

located on more than one site in this State to be eligible for the partial abatement

of the taxes described in paragraph (b) of subsection 1, the lead participant must,

on behalf of the project, submit an application that meets the requirements of subsection

5 on or before June 30, 2019, and provide documentation satisfactory to the Office

that: (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 hourly wage as established by the Employment Security Division of the Department

of Employment, Training and Rehabilitation on July 1 of each fiscal year; (b) Each participant in the project must be a subsidiary or affiliate of the lead

participant; and (c) Each participant offers primary jobs and: (1) Except as otherwise provided in subparagraph (2), satisfies the requirements of

paragraph (f) or (g) of subsection 2 of NRS 360.750 , regardless of whether the business is a new business or an existing business; and (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 . If any participant is a data center, as defined in NRS 360.754 , any capital investment by that participant must not be counted in determining whether

the participants in the project collectively will make a total new capital investment

of at least $1 billion in this State within the 10-year period immediately following

approval of the application, as required by paragraph (c) of subsection 2. 4. 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 the transferable tax credits. 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. The Interim Finance Committee may approve a request submitted pursuant to this subsection

only if the Interim Finance Committee determines that approval of the request: (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 expenses of the State for each

fiscal year as set forth in Article 9, Section 2 of the Nevada Constitution ; and (b) Will 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 . 5. An application submitted pursuant to subsection 2 must include: (a) A detailed description of the project, including a description of the common purpose

or business endeavor in which the participants in the project are engaged; (b) A detailed description of the location of the project, including a precise description

of the geographic boundaries of the project site or sites; (c) The name and business address of each participant in the project, which must be

an address in this State; (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 $1 billion in this State in the 10-year period immediately

following approval of the application; (e) If the application includes one or more partial 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: (1) Complies with the requirements of NRS 360.755 ; (2) States the date on which the partial 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; (3) States that the project will, after the date on which a certificate of eligibility

for the partial abatement is approved pursuant to NRS 360.893 , continue in operation in this State for a period specified by the Office; and (4) Binds successors in interest of the lead participant for the specified period;

and (f) Any other information required by the Office. 6. For an employee to be considered a resident of Nevada for the purposes of this

section, each participant in the project must maintain the following documents in

the personnel file of the employee: (a) A copy of the: (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;

or (2) If the employee is a veteran of the Armed Forces of the United States, a current

and valid Nevada driver's license of the employee or a current and valid identification

card for the employee issued by the Department of Motor Vehicles; (b) If the employee is a 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; (c) Proof that the employee is employed full-time and scheduled to work for an average

minimum of 30 hours per week; and (d) Proof that the employee is offered coverage under a plan of health insurance provided

by his or her employer. 7. For the purpose of obtaining from the Executive Director of the Office any waiver

of the requirement set forth in paragraph (k) of subsection 2, the lead participant

in the project must submit to the Executive Director of the Office written documentation

of the efforts to meet the requirement and documented proof that an insufficient number

of Nevada residents is available and qualified for employment. 8. The Executive Director of the Office shall make available to the public and post

on the Internet website of the Office: (a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection

2; and (b) Any approval of such a request for a waiver that is granted by the Executive Director

of the Office. 9. 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 ensure that the Internet website allows

members of the public to post comments regarding the request. 10. 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 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. 11. If an applicant for one or more partial abatements pursuant to this section fails

to execute the agreement described in paragraph (e) of subsection 5 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.