NRS540A.270. Reimbursement of expenses to identify, study and remedy condition if costs and expenses in conformity with plan; establishment of criteria for reimbursement; reimbursement subject to availability of proceeds from certain bonds, fees or taxes.

      1.  The board may reimburse a person, governmental agency or public utility for any expenses incurred in identifying, studying and remedying, or attempting in good faith to remedy, the condition before the district is created, or thereafter for costs and expenses that are in conformity with and further the plan for remediation or operation of the district. No reimbursement may be allowed for any expense that any person incurs in connection with disturbing the ground for the construction or improvement of property in the district unless the board determines that the cost or expense is in furtherance of the plan for remediation and is a cost or expense which would have been cost-effective and beneficial to incur to further the plan for remediation.

      2.  The board may establish criteria for the reimbursement of a person, governmental agency or public utility for expenses pursuant to subsection 1. The criteria must include adequate safeguards so that costs reimbursed include only the actual costs of the activities undertaken as provided in this section. No reimbursement may be provided for any cost incurred after the creation of the district unless before the cost is incurred by the person or entity seeking reimbursement, the amount is approved by the board and the board determines that the cost is in furtherance of the plan for remediation. The board may establish criteria with respect to the amount of reimbursement for particular activities and with respect to the process to be followed in establishing reasonable costs for reimbursement, including, at the board’s discretion, any requirement for bidding on any construction or any acquisition of equipment.

      3.  The reimbursement may be made only if money is available from the proceeds of bonds issued or from fees or taxes imposed pursuant to NRS 540A.250 to 540A.285, inclusive, which are not otherwise required to be expended for other purposes. Those sections do not constitute a requirement that the county make any reimbursements.

      (Added to NRS by 1995, 2658; A 1997, 1338)