Given we’ve shared that a general improvement district’s (“GID’s”) Board of Trustees’ (“Board’s”) power to “fix, and from time to time increase or decrease…rates, tolls or charges other than special assessments” flows from NRS 318.197(1), and that this NRS instructs those exactments may “includ(e)…charges for the availability of service,” here we examine “charges for the availability of (recreation) services” furnished by the district.

Although NRS 318.197 expressly uses the words “availability of service” charges, nowhere is the term defined. In fact, do a search of the entire NRS. Nowhere will you find a definition. Anyplace! Nor has the Nevada Supreme Court ever interpreted the term. So we’re relegated to searching elsewhere. And here’s what we’ve discovered.

“Service availability (charges are similar to service charges in that they are)…flat fee(s) designed to recover the cost of delivering (a service, generally utility, like) electricity to all (users or here properties)…This charge…is…similar to service or facility charges that (some utilities charge and it is)…reflective of the investment in (infrastructure like poles, wires, transformers and equipment)…it takes to provide…safe, reliable…service.  It also supports fleet, facility and customer service functions, such as…maintenance, restoration…when outages occur, right-of-way clearing, and general administration…These costs are part of (a customer’s) bill…so (service) is ‘available’…whenever (he/she/it) want(s) it. The service availability charge allows everyone to pay a share of the basic costs in order to (realize) reliable…service…whenever it’s needed.”¹ 

As you can see, “availability of service” charges don’t pay for persons’ access to and use of anything. They pay for properties’ access to and and use of services. Not facilities. And more pointedly, utility rather than recreation services.

So now you know.

1. Go to https://www.cecmo.com/service-availability-charge-explained.