NRS244.3651. Program to provide financial assistance to persons to connect to public water or sewer system under certain circumstances in county whose population is 100,000 or more but less than 700,000.

      1.  Except as otherwise provided in this section, if a board of county commissioners of a county whose population is 100,000 or more but less than 700,000 operates a public water or sewer system, the board may:

      (a) Establish by ordinance a program to provide financial assistance to persons to connect to the public water or sewer system.

      (b) Accept gifts, grants and other sources of money to pay the costs to assist persons to connect to the public water or sewer system.

      (c) Issue bonds and other securities, pursuant to NRS 244A.011 to 244A.065, inclusive, to finance a program to provide financial assistance established pursuant to this subsection.

      2.  An ordinance adopted by a board of county commissioners pursuant to paragraph (a) of subsection 1 must include, without limitation, a finding of the board that the creation of a program to provide financial assistance to persons to connect to a public water or sewer system furthers a legitimate public purpose.

      3.  If a board of county commissioners establishes a program to provide financial assistance pursuant to subsection 1, the board:

      (a) Must establish a plan for the management and protection of the groundwater in the water basin to which the program to provide financial assistance applies. Such a plan must include, without limitation, provisions for the sustainable management of municipal wells that are owned by the county in the water basin.

      (b) Except as otherwise provided in subsection 4, may set forth conditions or limitations on any financial assistance provided pursuant to the program.

      4.  Financial assistance provided pursuant to a program established pursuant to subsection 1:

      (a) May be in the form of grants, gifts or loans, or any combination thereof.

      (b) May only be used to pay the necessary and actual expenses to:

             (1) Disconnect from a private water or sewer system;

             (2) Eliminate a private water or sewer system; and

             (3) Connect to the public water or sewer system,

Ê including, without limitation, the costs of making a physical connection or disconnection and any connection charge, tap fee, inspection fee or similar fee or charge payable to any person or governmental entity.

      (c) If provided in the form of loans that are financed by bonds or other securities issued pursuant to this section, may only be provided to natural persons.

      5.  A board may not establish a program to provide financial assistance pursuant to subsection 1 unless the board finds that establishing such a program is necessary to provide the public with a safe and reliable water and sewer system.

      6.  The requirements of NRS 244.3655 do not apply to actions taken by a board of county commissioners pursuant to this section.

      7.  Nothing in this section shall be so construed as to require:

      (a) A board of county commissioners to provide financial assistance to any property owner pursuant to this section; or

      (b) A property owner to apply for or accept financial assistance pursuant to a program of financial assistance established pursuant to this program.

      8.  Bonds or other securities issued to finance a program to provide financial assistance established pursuant to subsection 1 must be payable from and secured by repayments of loans made through the program, other revenues of the program and revenues of the county’s public water or sewer system, or any combination thereof, as determined by the board. The bonds or other securities may also be secured by other revenues that the county is authorized to pledge for the payment of bonds or other securities and may, in accordance with the provisions of NRS 350.020, be issued as general obligations of the county.

      9.  As used in this section:

      (a) “Private water or sewer system” means an on-site:

             (1) Domestic well, and any facility or facilities related thereto, that provides potable water; or

             (2) Sewage or septic system, and any facility or facilities related thereto, that serves a residential dwelling unit for the disposal, collection, storage or treatment of sewage.

      (b) “Public water or sewer system” means a facility or facilities for the collection, pumping, treatment, storage or conveyance of potable water or sewage and includes, without limitation, mains, conduits, aqueducts, pipes, pipelines, ditches, canals, pumping stations, and all appurtenances, equipment and machinery necessary or useful and convenient for obtaining, storing, transporting or transferring water or sewage.

      (Added to NRS by 2009, 1428; A 2011, 656, 1109)