Nev. Rev. Stat. § 360.890 — Consideration of application by Office of Economic Development; notice of application to certain local governmental entities; designation of representative of certain local governmental entities; public meeting required; requirements for notice of public meeting; approval of application; submission of request for approval of application to Interim Finance Committee; submission of information to Office; confidentiality of information contained in application and certain communications. [Effective through June 30, 2032.]

NRS  360.890    Consideration of application by Office of Economic Development;
notice of application to certain local governmental entities; designation of
representative of certain local governmental entities; public meeting required;
requirements for notice of public meeting; approval of application; submission
of request for approval of application to Interim Finance Committee; submission
of information to Office; confidentiality of information contained in
application and certain communications. [Effective through June 30, 2032.]
1.  If the Office of Economic Development
receives an application pursuant to NRS
360.889 , the Office:
(a) Shall, not later than 15 days after receiving
the application, provide notice of the application to the governing body of
each county in which the project will be located, the governing body of any
city in which the project will be located and the governing body of any fire
protection district in which the project will be located. Not later than 15
days before any public meeting at which the Office will take action on the
application, the governing body of each county, city and fire protection
district that received notice of the application pursuant to this paragraph may
designate a representative of the governing body, who may be a member of the
governing body or an employee of the county, city or fire protection district,
as applicable, to engage directly with the Office on matters concerning the application
and to provide comment to the Office on the application. Notwithstanding the
provisions of subsections 5 and 7 and except as otherwise provided in this
paragraph, upon the request of a representative designated pursuant to this
paragraph, the Office shall disclose to the representative the information
contained in the application. Before receiving any information contained in the
application, the representative designated pursuant to this paragraph who
requested the information must sign a nondisclosure agreement prohibiting the
representative from disclosing any information contained in the application to
any person other than a person to whom disclosure of the information contained
in the application is authorized pursuant to subsection 5 or 7.
(b) Except as otherwise provided in this
paragraph, shall not consider the application unless the Office has requested
and received a letter of acknowledgment of the request for a partial abatement
from any county, school district, fire protection district, city or town which
the Office determines may experience a direct economic effect as a result of
the partial abatement. If, within 30 days of sending a request for a letter of
acknowledgment from an entity from which the Office is required to request such
a letter, the Office has not received the letter of acknowledgment, the Office
may consider the application without receiving the letter of acknowledgment. If
the governing body of the county, city or fire protection district wishes to
require the lead participant in the project to enter into an agreement pursuant
to paragraph (o) of subsection 2 of NRS
360.889 , the county, city or fire protection district must state in the
letter of acknowledgment that such an agreement will be required and that the
cost of local government services and infrastructure necessary to serve the
qualified project cannot be recovered through a special use permit or other
cost-sharing mechanism available under chapter 278
of NRS.
(c) Shall not take any action on the application
unless the Office takes that action at a public meeting conducted for that
purpose.
(d) Shall, at least 30 days before any public
meeting conducted for the purpose of taking any action on the application,
provide notice of the application and the date, time and location of the public
meeting at which the Office will consider the application to:
(1) Each participant in the project;
(2) The Department;
(3) The Nevada Gaming Control Board;
(4) The governing body of the county, the
board of trustees of the school district, the governing body of the fire
protection district and the governing body of the city or town, if any, in which
the project will be located;
(5) The governing body of any other
political subdivision that the Office determines could experience a direct
economic effect as a result of the abatement; and
(6) The general public.
2.  The date of the public meeting to
consider an application submitted pursuant to NRS
360.889 must be not later than 60 days after the date on which the Office
receives the completed application.
3.  The Office shall approve an application
submitted pursuant to NRS 360.889 if the
Office finds that the project is a qualified project. The Office shall issue a
decision on the application not later than 30 days after the conclusion of the
public meeting on the application. Not later than 30 days after the Office
issues a decision approving an application submitted pursuant to NRS 360.889 in which the lead participant
applies for a certificate of eligibility for the transferable tax credits
described in paragraph (a) of subsection 1 of NRS
360.889 , the Office must submit a written request to the Interim Finance
Committee for approval of the issuance of the transferable tax credits.
4.  The lead participant in a qualified
project shall submit all accountings and other required information to the
Office and the Department not later than 30 days after a date specified in the
decision issued by the Office. If the Office or the Department determines that
information submitted pursuant to this subsection is incomplete, the lead
participant shall, not later than 30 days after receiving notice that the
information is incomplete, provide to the Office or the Department, as
applicable, all additional information required by the Office or the
Department.
5.  Until the Office of Economic
Development provides notice of the application and the public meeting pursuant
to paragraph (d) of subsection 1, the information contained in the application
provided to the Office of Economic Development:
(a) Is confidential proprietary information of
the business;
(b) Is not a public record; and
(c) Except as otherwise provided in this
paragraph, must not be disclosed to any person who is not an officer or
employee of the Office of Economic Development unless the lead participant
consents to the disclosure. The information contained in the application
provided to the Office of Economic Development may be disclosed to any of the
following persons:
(1) A representative of the governing body
of a county, city or fire protection district who was designated pursuant to
paragraph (a) of subsection 1 and has signed a nondisclosure agreement
prohibiting the representative from disclosing any information contained in the
application to any person, except as authorized by this subsection.
(2) An officer or employee of a county,
city or fire protection district that has designated a representative pursuant
to paragraph (a) of subsection 1 if the officer or employee has signed a
nondisclosure agreement prohibiting the officer or employee from disclosing any
information contained in the application, except as authorized by this
subsection.
6.  After the Office provides notice of the
application and the public meeting pursuant to paragraph (d) of subsection 1:
(a) The application is a public record; and
(b) Upon request by any person, the Executive
Director of the Office shall disclose the application to the person who made
the request, except for any information in the application that is protected
from disclosure pursuant to subsection 7.
7.  Before the Executive Director of the
Office discloses the application to the public, the lead participant may submit
a request to the Executive Director of the Office to protect from disclosure
any information in the application which, under generally accepted business
practices, would be considered a trade secret or other confidential proprietary
information of the business. After consulting with the business, the Executive
Director of the Office shall determine whether to protect the information from
disclosure. The decision of the Executive Director of the Office is final and
is not subject to judicial review. If the Executive Director of the Office
determines to protect the information from disclosure, the protected
information:
(a) Is confidential proprietary information of
the business;
(b) Is not a public record;
(c) Must be redacted by the Executive Director of
the Office from any copy of the application that is disclosed to the public;
and
(d) Except as otherwise provided in this
paragraph, must not be disclosed to any person who is not an officer or
employee of the Office of Economic Development unless the lead participant
consents to the disclosure. The information contained in the application
provided to the Office of Economic Development may be disclosed to any of the
following persons:
(1) A representative of the governing body
of a county, city or fire protection district who was designated pursuant to
paragraph (a) of subsection 1 and has signed a nondisclosure agreement
prohibiting the representative from disclosing any information contained in the
application to any person, except as authorized by this subsection.
(2) An officer or employee of a county,
city or fire protection district that has designated a representative pursuant
to paragraph (a) of subsection 1 if the officer or employee has signed a
nondisclosure agreement prohibiting the officer or employee from disclosing any
information contained in the application, except as authorized by this
subsection.
8.  The records, files and communications
exchanged between the lead participant in a project and a county, city or fire
protection district for the purpose of negotiating and entering into a
nondisclosure agreement pursuant to subsection 1, 5 or 7 are confidential, not
a public record and must not be disclosed to any person who is not an officer
or employee of the county, city or fire protection district, unless the lead
participant consents to the disclosure. Notwithstanding the provisions of this
subsection, a meeting of the governing body of a city, county or fire
protection district to approve an agreement pursuant to subsection 1, 5 or 7
must be conducted in accordance with the provisions of chapter 241 of NRS.