Section 445B.508 - Reduction or mitigation of increases in emissions; air pollution credits1. In a county whose population is 700,000 or more, a district board of health or board of county commissioners may, as a part of its program for the control of air pollution established pursuant to NRS 445B.500, require each person or entity that is proposing to locate a new source of air pollution within its jurisdiction or to modify an existing source of air pollution within its jurisdiction in such a way as to increase emissions of air pollutants, to reduce or mitigate any increase in emissions in accordance with regulations adopted by such board.2. If a district board of health or board of county commissioners imposes the requirement described in subsection 1, its program established pursuant to NRS 445B.500 must: (a) Provide a method for determining credits which results in credits that are quantifiable, surplus and legally enforceable;(b) Set forth the manner in which credits will be banked and traded, and the manner in which such transactions will be tracked and accounted for by the board; and(c) By not later than January 1, 2002, prohibit any person or entity from purchasing or selling credits of one type of pollutant if such credits will be used subsequently to produce a different type of pollutant.3. If a county operates a program for the control of air pollution that allows a person operating or responsible for the existence of a source to earn credits for maintaining or reducing the level of air contaminant emitted from the source, the program:(a) Must allow the person to earn credits for reducing the level of air contaminant emitted from that source through the use of solar energy; and(b) Must not allow the person to earn credits for reducing the level of air contaminant emitted from that source if such a reduction is required as a component of a penalty imposed against the person.4. A credit earned pursuant to this section does not constitute an interest in property.5. As used in this section:(a) "Credit" means an administratively created asset that may:(1) Entitle a person operating or responsible for the existence of a source to allow the source to emit a certain level of air contaminant above a baseline that is determined by the board;(2) Be used to comply with the requirements of a permit; and(3) Be traded or sold to another person.(b) "Surplus" means that a credit is not earned by compliance with a requirement of the state implementation plan adopted by this State pursuant to 42 U.S.C. § 7410 or any other federal, state or local law, ordinance or regulation.Added to NRS by 1999, 1976; A 2001, 1517; 2005, 2470; 2011, 1264Added to NRS by 1999, 1976; A 2001, 1517; 2005, 2470; 2011, 1264