Nevada 2023 Regular Session

Nevada Senate Bill SB293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+
	2	+	(Reprinted with amendments adopted on April 24, 2023)
	3	+	FIRST REPRINT S.B. 293
	4	+
	5	+	- SB293_R1
	6	+
	7	+	SENATE BILL NO. 293–SENATORS DONATE AND DALY
	8	+
	9	+	MARCH 15, 2023
	10	+	____________
	11	+
	12	+	Referred to Committee on Growth and Infrastructure
	13	+
	14	+	SUMMARY—Revises provisions relating to distributed generation
	15	+	systems. (BDR 52-459)
	16	+
	17	+	FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
	18	+	Effect on the State: Yes.
	19	+
	20	+	~
	21	+
	22	+	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
1	23
2	24
3		-	- 82nd Session (2023)
4		-	Senate Bill No. 293–Senators Donate and Daly
5		-
6		-	CHAPTER..........
7		-
8	25		AN ACT relating to energy; revising certain contractual
9		-	requirements for an agreement for the purchase or lease of a
10		-	distributed generation system and a power purchase
	26	+	requirements for an agreement for the purchase or lease of
	27	+	a distributed generation system and a power purchase
11	28		agreement; imposing various requirements on solar
12		-	installation companies; revising certain definitions;
13		-	prohibiting a person from engaging in certain activities
14		-	relating to residential photovoltaic systems unless the person
15		-	is licensed by the State Contractors’ Board or is an employee
16		-	of such a person; and providing other matters properly
17		-	relating thereto.
	29	+	installation companies; revising the definition of
	30	+	“distributed generation system”; prohibiting a person
	31	+	from engaging in certain activities relating to residential
	32	+	photovoltaic systems unless the person is licensed by the
	33	+	State Contractors’ Board or is an employee of such a
	34	+	person; and providing other matters properly relating
	35	+	thereto.
18	36		Legislative Counsel’s Digest:
19		-	Existing law imposes certain requirements on solar installation companies that
20		-	sell and install distributed generation systems in this State. Existing law prescribes
21		-	certain contractual requirements for an agreement for the purchase or lease of a
22		-	distributed generation system and a power purchase agreement. (NRS 598.9801-
23		-	598.9822) Section 3 of this bill authorizes a purchaser or lessee who enters into or
24		-	signs an agreement for the purchase or lease of a distributed generation system or a
25		-	power purchase agreement to rescind or cancel the agreement by providing certain
26		-	notice to the solar installation company within 3 business days after the agreement
27		-	was entered into or signed.
28		-	Existing law requires an agreement for the purchase or lease of a distributed
29		-	generation system or a power purchase agreement to include a cover page
30		-	containing certain information. (NRS 598.9809, 598.9813, 598.9816) Sections 6-8
31		-	of this bill require such a cover page to include certain additional information.
32		-	Section 2 of this bill requires a solar installation company to: (1) verbally
33		-	communicate the information that is required to be included in the cover page to a
34		-	purchaser or lessee, as applicable, in person or via a telephone call or
35		-	videoconference that is recorded; and (2) maintain each recording for not less than
36		-	4 years after the date of any final inspection of the distributed generation system. If
37		-	a solar installation company or its employees or agents advertise or negotiate
38		-	certain terms for the purchase or lease of a distributed generation system or a power
39		-	purchase agreement in a language other than English, section 9 of this bill requires
40		-	the company to provide a translation of the contract, agreement or certain required
41		-	notices in that language to certain persons before the execution of the contract or
42		-	agreement resulting from such advertising or negotiations. Section 4 of this bill
43		-	makes a conforming change to indicate the proper placement of sections 1.3-3 of
44		-	this bill in the Nevada Revised Statutes.
45		-	Existing law defines “distributed generation system” as a system or facility for
46		-	the generation of electricity: (1) that uses solar energy to generate electricity; (2)
47		-	that is located on the property of a customer of an electric utility; (3) that is
48		-	connected on the customer’s side of the electricity meter; (4) that provides
49		-	electricity primarily to offset customer load on that property; and (5) the excess
50		-	generation from which is periodically exported to the grid in accordance with the
51		-	provisions governing net metering systems. (NRS 598.9804) Section 5 of this bill
52		-	revises the definition of “distributed generation system” to mean a system or
53		-	facility for the residential generation of electricity that uses solar energy to generate
	37	+	Existing law imposes certain requirements on solar installation companies that 1
	38	+	sell and install distributed generation systems in this State. Existing law prescribes 2
	39	+	certain contractual requirements for an agreement for the purchase or lease of a 3
	40	+	distributed generation system and a power purchase agreement. (NRS 598.9801-4
	41	+	598.9822) Section 3 of this bill authorizes a purchaser or lessee who enters into or 5
	42	+	signs an agreement for the purchase or lease of a distributed generation system or a 6
	43	+	power purchase agreement to rescind the agreement by providing certain notice to 7
	44	+	the solar installation company within 3 business days after the agreement was 8
	45	+	entered into or signed. 9
	46	+	Existing law requires an agreement for the purchase or lease of a distributed 10
	47	+	generation system or a power purchase agreement to include a cover page 11
	48	+	containing certain information. (NRS 598.9809, 598.9813, 598.9816) Sections 6-8 12
	49	+	of this bill require such a cover page to include certain additional information. 13
	50	+	Section 2 of this bill requires a solar installation company to: (1) verbally 14
	51	+	communicate the information that is required to be included in the cover page to a 15
	52	+	purchaser or lessee, as applicable, via a telephone call that is recorded; and (2) 16
	53	+	maintain each recording of such a telephone call for not less than 10 years after the 17
54	54		– 2 –
55	55
56	56
57		-	- 82nd Session (2023)
58		-	electricity. Section 5.5 of this bill revises the definition of “solar installation
59		-	company.”
60		-	Section 9 provides that if a solar installation company executes an agreement
61		-	for the purchase or lease of a distributed generation system or a power purchase
62		-	agreement and knowingly fails to comply with requirements set forth under existing
63		-	law governing such agreements and sections 1.3-9 of this bill, the agreement is
64		-	voidable by the purchaser or lessee, as applicable.
65		-	Existing law prohibits a person from performing any work on residential
66		-	photovoltaic systems used to produce electricity without the proper license or other
67		-	authorization under state law. (NRS 624.860) Section 10 of this bill revises that
68		-	prohibition to prohibit a person from performing such work, or providing a bid for
69		-	or executing a contract to perform such work, unless the person holds a license
70		-	issued by the State Contractors’ Board or is an employee of such a person.
71		-
72		-	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
	57	+	- SB293_R1
	58	+	date on which the telephone call is made. Section 9 of this bill requires a solar 18
	59	+	installation company, before the execution of an agreement for the purchase or 19
	60	+	lease of a distributed generation system or a power purchase agreement, to provide 20
	61	+	a copy of the cover page to the purchaser or lessee, as applicable, in the language 21
	62	+	that the majority of the solicitation, offer or transaction for the agreement occurred, 22
	63	+	if the majority of the language that was used was a language other than English. 23
	64	+	Section 4 of this bill makes a conforming change to indicate the proper placement 24
	65	+	of sections 2 and 3 in the Nevada Revised Statutes. 25
	66	+	Existing law defines “distributed generation system” as a system or facility for 26
	67	+	the generation of electricity: (1) that uses solar energy to generate electricity; (2) 27
	68	+	that is located on the property of a customer of an electric utility; (3) that is 28
	69	+	connected on the customer’s side of the electricity meter; (4) that provides 29
	70	+	electricity primarily to offset customer load on that property; and (5) the excess 30
	71	+	generation from which is periodically exported to the grid in accordance with the 31
	72	+	provisions governing net metering systems. (NRS 598.9804) Section 5 of this bill 32
	73	+	revises the definition of “distributed generation system” to mean a system or 33
	74	+	facility for the generation of electricity that uses solar energy to generate electricity. 34
	75	+	Section 9 of this bill provides that if a solar installation company executes an 35
	76	+	agreement for the purchase or lease of a distributed generation system or a power 36
	77	+	purchase agreement and fails to comply with requirements set forth under existing 37
	78	+	law governing such agreements and sections 2-9 of this bill, the agreement is 38
	79	+	voidable by the purchaser or lessee, as applicable. 39
	80	+	Existing law prohibits a person from performing any work on residential 40
	81	+	photovoltaic systems used to produce electricity without the proper license or other 41
	82	+	authorization under state law. (NRS 624.860) Section 10 of this bill revises that 42
	83	+	prohibition to: (1) prohibit a person from performing such work unless the person 43
	84	+	holds a license issued by the State Contractors’ Board or is an employee of such a 44
	85	+	person; and (2) additionally prohibit a person from advertising, soliciting or 45
	86	+	offering to enter into an agreement for the purchase or lease of a distributed 46
	87	+	generation system or a power purchase agreement unless the person holds such a 47
	88	+	license or is an employee of such a person. Section 10 provides that a person who 48
	89	+	does not hold such a license and is not an employee of a person who holds such a 49
	90	+	license is authorized to generate leads or referrals for a residential photovoltaic 50
	91	+	system used to produce electricity if the person does not provide a quote or offer for 51
	92	+	the sale or installation of such a system. 52
73	93
74	94
75	95		THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
76	96		SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
77	97
78		-	Section 1. Chapter 598 of NRS is hereby amended by adding
79		-	thereto the provisions set forth as sections 1.3 to 3, inclusive, of this
80		-	act.
81		-	Sec. 1.3. “Offset” means the amount of alternating current
82		-	kilowatt hours generated by a distributed generation system
83		-	divided by prior consumption, to the extent data on prior
84		-	consumption is available.
85		-	Sec. 1.7. “Production” means the amount of alternating
86		-	current kilowatt hours generated by a distributed generation
87		-	system.
88		-	Sec. 2. 1. A solar installation company shall, in person or
89		-	by telephone or videoconference, verbally:
90		-	(a) Confirm the identity of a purchaser or lessee under an
91		-	agreement for the purchase or lease of a distributed generation
92		-	system or a host customer under a power purchase agreement;
93		-	(b) Communicate to the purchaser, lessee or host customer the
94		-	information required to be included in a cover page pursuant to
95		-	NRS 598.9809, 598.9813 or 598.9816, as applicable; and
96		-	(c) Confirm that the purchaser, lessee or host customer
97		-	understands the information communicated pursuant to
98		-	paragraph (b).
99		-	2. The verbal communication required by subsection 1 must
100		-	be:
101		-	(a) Recorded by the solar installation company; and
102		-	(b) Conducted at the time of the execution of the agreement or
103		-	within 48 hours after the execution of the agreement.
	98	+	Section 1. Chapter 598 of NRS is hereby amended by adding 1
	99	+	thereto the provisions set forth as sections 2 and 3 of this act. 2
	100	+	Sec. 2. 1. A solar installation company shall, through 3
	101	+	telephone, verbally communicate to a purchaser or lessee under 4
	102	+	an agreement for the purchase or lease of a distributed generation 5
	103	+	system or a host customer under a power purchase agreement the 6
	104	+	information required to be included in a cover page pursuant to 7
	105	+	NRS 598.9809, 598.9813 or 598.9816, as applicable. 8
	106	+	2. The verbal communication required by subsection 1 must 9
	107	+	be: 10
	108	+	(a) Recorded by the solar installation company; and 11
	109	+	(b) Provided: 12
104	110		– 3 –
105	111
106	112
107		-	- 82nd Session (2023)
108		-	3. A solar installation company shall not commence the
109		-	installation of any distributed generation system under an
110		-	agreement until the recording required pursuant to this section
111		-	has been made.
112		-	4. A solar installation company shall maintain the recording
113		-	required pursuant to this section for not less than 4 years after the
114		-	date of the final inspection of the distributed generation system
115		-	within the jurisdiction in which the distributed generation system
116		-	is located.
117		-	Sec. 3. Any purchaser or lessee who enters into or signs an
118		-	agreement for the purchase or lease of a distributed generation
119		-	system or host customer who enters into a power purchase
120		-	agreement may rescind or cancel the agreement, without any
121		-	penalty or obligation, by giving notice in writing to the solar
122		-	installation company either by delivering, mailing or telegraphing
123		-	such notice or sending such notice by electronic mail not later
124		-	than midnight of the third business day after the date the
125		-	agreement was entered into or signed. The notice must be
126		-	addressed to the solar installation company at the solar
127		-	installation company’s place of business, or another place
128		-	designated in the agreement, or sent to the electronic mail address
129		-	set forth on the cover page required by NRS 598.9809, 598.9813 or
130		-	598.9816, as applicable, and must contain words indicating the
131		-	intent of the purchaser, lessee or host customer to rescind or
132		-	cancel the transaction previously entered into.
133		-	Sec. 4. NRS 598.9801 is hereby amended to read as follows:
134		-	598.9801 As used in NRS 598.9801 to 598.9822, inclusive,
135		-	and sections 1.3 to 3, inclusive, of this act, unless the context
136		-	otherwise requires, the words and terms defined in NRS 598.9802 to
137		-	598.9808, inclusive, and sections 1.3 and 1.7 of this act have the
138		-	meanings ascribed to them in those sections.
139		-	Sec. 5. NRS 598.9804 is hereby amended to read as follows:
140		-	598.9804 “Distributed generation system” means a system or
141		-	facility for the residential generation of electricity [:
142		-	1. That] that uses solar energy to generate electricity . [;
143		-	2. That is located on the property of a customer of an electric
144		-	utility;
145		-	3. That is connected on the customer’s side of the electricity
146		-	meter;
147		-	4. That provides electricity primarily to offset customer load on
148		-	that property; and
149		-	5. The excess generation from which is periodically exported
150		-	to the grid in accordance with the provisions governing net metering
	113	+	- SB293_R1
	114	+	(1) At the time of the execution of the agreement or within 1
	115	+	48 hours after the execution of the agreement; and 2
	116	+	(2) Before the installation of any distributed generation 3
	117	+	system under the agreement. 4
	118	+	3. A solar installation company shall maintain the recording 5
	119	+	of a verbal communication made pursuant to this section for not 6
	120	+	less than 10 years after the recording is made. 7
	121	+	Sec. 3. Any purchaser or lessee who enters into or signs an 8
	122	+	agreement for the purchase or lease of a distributed generation 9
	123	+	system or host customer who enters into a power purchase 10
	124	+	agreement may rescind the agreement by giving notice in writing 11
	125	+	to the solar installation company either by delivering, mailing or 12
	126	+	telegraphing such notice or sending such notice by electronic mail 13
	127	+	not later than midnight of the third business day after the date the 14
	128	+	agreement was entered into or signed. The notice must be 15
	129	+	addressed to the solar installation company at the solar 16
	130	+	installation company’s place of business or sent to the electronic 17
	131	+	mail address set forth on the cover page required by NRS 18
	132	+	598.9809, 598.9813 or 598.9816, as applicable, and must contain 19
	133	+	words indicating the intent of the purchaser, lessee or host 20
	134	+	customer to rescind the transaction previously entered into. 21
	135	+	Sec. 4. NRS 598.9801 is hereby amended to read as follows: 22
	136	+	598.9801 As used in NRS 598.9801 to 598.9822, inclusive, 23
	137	+	and sections 2 and 3 of this act, unless the context otherwise 24
	138	+	requires, the words and terms defined in NRS 598.9802 to 25
	139	+	598.9808, inclusive, have the meanings ascribed to them in those 26
	140	+	sections. 27
	141	+	Sec. 5. NRS 598.9804 is hereby amended to read as follows: 28
	142	+	598.9804 “Distributed generation system” means a system or 29
	143	+	facility for the generation of electricity [: 30
	144	+	1. That] that uses solar energy to generate electricity . [; 31
	145	+	2. That is located on the property of a customer of an electric 32
	146	+	utility; 33
	147	+	3. That is connected on the customer’s side of the electricity 34
	148	+	meter; 35
	149	+	4. That provides electricity primarily to offset customer load on 36
	150	+	that property; and 37
	151	+	5. The excess generation from which is periodically exported 38
	152	+	to the grid in accordance with the provisions governing net metering 39
	153	+	systems used by customer-generators pursuant to NRS 704.766 to 40
	154	+	704.776, inclusive.] 41
	155	+	Sec. 6. NRS 598.9809 is hereby amended to read as follows: 42
	156	+	598.9809 An agreement for the lease of a distributed 43
	157	+	generation system must include a cover page that [provides] : 44
151	158		– 4 –
152	159
153	160
154		-	- 82nd Session (2023)
155		-	systems used by customer-generators pursuant to NRS 704.766 to
156		-	704.776, inclusive.]
157		-	Sec. 5.5. NRS 598.9808 is hereby amended to read as follows:
158		-	598.9808 1. “Solar installation company” means any form of
159		-	business organization or any other nongovernmental legal entity,
160		-	including, without limitation, a corporation, partnership, association,
161		-	trust or unincorporated organization, that [transacts] holds a license
162		-	issued pursuant to chapter 624 of NRS which authorizes the
163		-	performance of work concerning a distributed generation system
164		-	and, directly or indirectly, on its own behalf or on behalf of
165		-	another:
166		-	(a) Performs or offers to perform any work concerning a
167		-	distributed generation system;
168		-	(b) Advertises, solicits or offers to enter into an agreement
169		-	described in NRS 598.9801 to 598.9822, inclusive, and sections 1.3
170		-	to 3, inclusive, of this act; or
171		-	(c) Transacts business [directly with a residential customer of
172		-	an electric utility] to:
173		-	[(a)] (1) Sell and install a distributed generation system; or
174		-	[(b)] (2) Install a distributed generation system owned by a
175		-	third party from whom the customer:
176		-	[(1)] (I) Leases a distributed generation system; or
177		-	[(2)] (II) Purchases electricity generated by a distributed
178		-	generation system.
179		-	2. The term does not include [entities that are third party:
180		-	(a) Owners of a distributed generation system; or
181		-	(b) Financiers of a distributed generation system who do not sell
182		-	or install the distributed generation system.] a person who
183		-	generates leads or referrals to perform work concerning a
184		-	distributed generation system for persons who hold a license
185		-	issued pursuant to chapter 624 of NRS authorizing the
186		-	performance of such work, if such activity is limited to:
187		-	(a) Serving as the source of a referral;
188		-	(b) Providing the contact information of a person who holds a
189		-	license issued pursuant to chapter 624 of NRS to a prospective
190		-	purchaser or lessee;
191		-	(c) Setting up appointments on behalf of a person who holds a
192		-	license issued pursuant to chapter 624 of NRS; or
193		-	(d) Advertising through print media.
194		-	Sec. 6. NRS 598.9809 is hereby amended to read as follows:
195		-	598.9809 An agreement for the lease of a distributed
196		-	generation system must include a cover page that [provides] :
	161	+	- SB293_R1
	162	+	1. Prominently displays the following information at the top 1
	163	+	of the cover page in at least 16-point font: 2
	164	+	(a) Notice of the right to cancel the agreement with 3 business 3
	165	+	days after the execution of the agreement, as provided in section 3 4
	166	+	of this act. 5
	167	+	(b) An electronic mail address to which a notice of 6
	168	+	cancellation may be sent pursuant to section 3 of this act and 7
	169	+	notice that the lessee may send such a notice to that electronic 8
	170	+	mail address. 9
	171	+	2. Provides the following information in at least 10-point font: 10
	172	+	[1.] (a) The amounts due at the signing for and at the 11
	173	+	completion of the installation or any inspection of the distributed 12
	174	+	generation system. 13
	175	+	[2.] (b) An estimated timeline for the installation of the 14
	176	+	distributed generation system. 15
	177	+	[3.] (c) The estimated amount of the monthly payments due 16
	178	+	under the lease in the first year of operation of the distributed 17
	179	+	generation system. 18
	180	+	[4.] (d) The length of the term of the lease. 19
	181	+	[5.] (e) A description of any warranties. 20
	182	+	[6.] (f) The rate of any payment increases. 21
	183	+	[7.] (g) The identification of any state or federal tax incentives 22
	184	+	that are included in calculating the amount of the monthly payments 23
	185	+	due under the lease. 24
	186	+	[8.] (h) The estimated production of the distributed generation 25
	187	+	system in the first year of operation. 26
	188	+	[9.] (i) A description of the terms for renewal or any other 27
	189	+	options available at the end of the term of the lease. 28
	190	+	[10.] (j) A description of any option to purchase the distributed 29
	191	+	generation system before the end of the term of the lease. 30
	192	+	[11.] (k) Notice of the existence of the Recovery Fund 31
	193	+	administered by the State Contractors’ Board pursuant to 32
	194	+	NRS 624.470. 33
	195	+	[12.] (l) Notice that a person financially damaged by a licensed 34
	196	+	contractor who performs work on a residence may be eligible to 35
	197	+	recover certain financial damages from the Recovery Fund. 36
	198	+	[13.] (m) Notice that a host customer may file a complaint with 37
	199	+	the Public Utilities Commission of Nevada. 38
	200	+	[14.] (n) Contact information for the State Contractors’ Board 39
	201	+	and the Public Utilities Commission of Nevada, including, without 40
	202	+	limitation, a telephone number. 41
	203	+	(o) Notice that the lessee, before the execution of the 42
	204	+	agreement, may request any document used in the solicitation, 43
	205	+	offer or transaction for the agreement in any language. 44
197	206		– 5 –
198	207
199	208
200		-	- 82nd Session (2023)
201		-	1. Prominently displays the following information at the top
202		-	of the cover page in at least 16-point font:
203		-	(a) Notice of the right to rescind or cancel the agreement,
204		-	without any penalty or obligation, within 3 business days after the
205		-	execution of the agreement, as provided in section 3 of this act.
206		-	(b) An electronic mail address to which a notice of rescission
207		-	or cancellation may be sent pursuant to section 3 of this act and
208		-	notice that the lessee may send such a notice to that electronic
209		-	mail address.
210		-	(c) Notice of the requirement to make and maintain a
211		-	recording pursuant to section 2 of this act.
212		-	(d) Notice that, before the installation of the distributed
213		-	generation system, the lessee will have the opportunity to confirm
214		-	that no representations, offers or promises were made at any time
215		-	concerning the lease of the distributed generation system other
216		-	than what is contained in the agreement.
217		-	2. Provides the following information in at least 10-point font:
218		-	[1.] (a) The amounts due at the signing for and at the
219		-	completion of the installation or any inspection of the distributed
220		-	generation system.
221		-	[2.] (b) An estimated timeline for the installation of the
222		-	distributed generation system.
223		-	[3.] (c) The estimated amount of the monthly payments due
224		-	under the lease in the first year of operation of the distributed
225		-	generation system.
226		-	[4.] (d) The length of the term of the lease.
227		-	[5.] (e) A description of any warranties.
228		-	[6.] (f) The rate of any payment increases.
229		-	[7.] (g) The identification of any state or federal tax incentives
230		-	that are included in calculating the amount of the monthly payments
231		-	due under the lease.
232		-	[8.] (h) The estimated production of the distributed generation
233		-	system in the first year of operation [.
234		-	9.] and an explanation that:
235		-	(1) The lessee will always receive a power bill if the
236		-	premises of the lessee are connected to the power grid;
237		-	(2) The estimated production or offset is based on available
238		-	data on prior consumption; and
239		-	(3) Any change in consumption by the lessee will impact
240		-	the estimated offset, or savings, in relation to the production.
241		-	(i) A description of the terms for renewal or any other options
242		-	available at the end of the term of the lease.
	209	+	- SB293_R1
	210	+	Sec. 7. NRS 598.9813 is hereby amended to read as follows: 1
	211	+	598.9813 An agreement for the purchase of a distributed 2
	212	+	generation system must include a cover page that [provides] : 3
	213	+	1. Prominently displays the following information at the top 4
	214	+	of the cover page in at least 16-point font: 5
	215	+	(a) Notice of the right to cancel the agreement with 3 business 6
	216	+	days after the execution of the agreement, as provided in section 3 7
	217	+	of this act. 8
	218	+	(b) An electronic mail address to which a notice of 9
	219	+	cancellation may be sent pursuant to section 3 of this act and 10
	220	+	notice that the purchaser may send such a notice to that electronic 11
	221	+	mail address. 12
	222	+	2. Provide the following information in at least 10-point font: 13
	223	+	[1.] (a) The size of the distributed generation system. 14
	224	+	[2.] (b) The length of the term of the warranty for the 15
	225	+	distributed generation system. 16
	226	+	[3.] (c) An estimated timeline for the installation of the 17
	227	+	distributed generation system. 18
	228	+	[4.] (d) A description of any warranties. 19
	229	+	[5.] (e) The total cost of the distributed generation system. 20
	230	+	[6.] (f) The estimated value of any portfolio energy credits and 21
	231	+	rebates of any incentives included in the calculation of the total cost 22
	232	+	of the distributed generation system. 23
	233	+	[7.] (g) The amounts due at the signing for and at the 24
	234	+	completion of the installation of the distributed generation system. 25
	235	+	[8.] (h) The estimated production of the distributed generation 26
	236	+	system in the first year of operation. 27
	237	+	[9.] (i) Notice of the existence of the Recovery Fund 28
	238	+	administered by the State Contractors’ Board pursuant to 29
	239	+	NRS 624.470. 30
	240	+	[10.] (j) Notice that a person financially damaged by a licensed 31
	241	+	contractor who performs work on a residence may be eligible to 32
	242	+	recover certain financial damages from the Recovery Fund. 33
	243	+	[11.] (k) Notice that a host customer may file a complaint with 34
	244	+	the Public Utilities Commission of Nevada. 35
	245	+	[12.] (l) Contact information for the State Contractors’ Board 36
	246	+	and Public Utilities Commission of Nevada, including, without 37
	247	+	limitation, a telephone number. 38
	248	+	(m) Notice that the purchaser, before the execution of the 39
	249	+	agreement, may request any document used in the solicitation, 40
	250	+	offer or transaction for the agreement in any language. 41
	251	+	Sec. 8. NRS 598.9816 is hereby amended to read as follows: 42
	252	+	598.9816 A power purchase agreement for the sale of the 43
	253	+	output of a distributed generation system must include a cover page 44
	254	+	that [provides] : 45
243	255		– 6 –
244	256
245	257
246		-	- 82nd Session (2023)
247		-	[10.] (j) A description of any option to purchase the distributed
248		-	generation system before the end of the term of the lease.
249		-	[11.] (k) Notice of the existence of the Recovery Fund
250		-	administered by the State Contractors’ Board pursuant to
251		-	NRS 624.470.
252		-	[12.] (l) Notice that a person financially damaged by a licensed
253		-	contractor who performs work on a residence may be eligible to
254		-	recover certain financial damages from the Recovery Fund.
255		-	[13.] (m) Notice that a host customer may file a complaint with
256		-	the Public Utilities Commission of Nevada.
257		-	[14.] (n) Contact information for the State Contractors’ Board
258		-	and the Public Utilities Commission of Nevada, including, without
259		-	limitation, a telephone number.
260		-	(o) Notice that the lessee, before the execution of the
261		-	agreement, may request any document used in the solicitation,
262		-	offer or transaction for the agreement in any language.
263		-	Sec. 7. NRS 598.9813 is hereby amended to read as follows:
264		-	598.9813 An agreement for the purchase of a distributed
265		-	generation system must include a cover page that [provides] :
266		-	1. Prominently displays the following information at the top
267		-	of the cover page in at least 16-point font:
268		-	(a) Notice of the right to rescind or cancel the agreement,
269		-	without any penalty or obligation, within 3 business days after the
270		-	execution of the agreement, as provided in section 3 of this act.
271		-	(b) An electronic mail address to which a notice of rescission
272		-	or cancellation may be sent pursuant to section 3 of this act and
273		-	notice that the purchaser may send such a notice to that electronic
274		-	mail address.
275		-	(c) Notice of the requirement to make and maintain a
276		-	recording pursuant to section 2 of this act.
277		-	(d) Notice that, before the installation of the distributed
278		-	generation system, the purchaser will have the opportunity to
279		-	confirm that no representations, offers or promises were made at
280		-	any time concerning the purchase of the distributed generation
281		-	system other than what is contained in the agreement.
282		-	2. Provide the following information in at least 10-point font:
283		-	[1.] (a) The size of the distributed generation system.
284		-	[2.] (b) The length of the term of the warranty for the
285		-	distributed generation system.
286		-	[3.] (c) An estimated timeline for the installation of the
287		-	distributed generation system.
288		-	[4.] (d) A description of any warranties.
289		-	[5.] (e) The total cost of the distributed generation system.
	258	+	- SB293_R1
	259	+	1. Prominently displays the following information at the top 1
	260	+	of the cover page in at least 16-point font: 2
	261	+	(a) Notice of the right to cancel the agreement with 3 business 3
	262	+	days after the execution of the agreement, as provided in section 3 4
	263	+	of this act. 5
	264	+	(b) An electronic mail address to which a notice of 6
	265	+	cancellation may be sent pursuant to section 3 of this act and 7
	266	+	notice that the host customer may send such a notice to that 8
	267	+	electronic mail address. 9
	268	+	2. Provides the following information in at least 10-point font: 10
	269	+	[1.] (a) The rate of any increase in the payments to be made 11
	270	+	during the term of the agreement and, if applicable, the date of the 12
	271	+	first such increase. 13
	272	+	[2.] (b) An estimated timeline for the installation of the 14
	273	+	distributed generation system. 15
	274	+	[3.] (c) The rate of electricity per kilowatt-hour of electricity for 16
	275	+	the first year of the agreement. 17
	276	+	[4.] (d) The length of the term of the agreement. 18
	277	+	[5.] (e) The amounts due at the signing for and at the 19
	278	+	completion of the installation or any inspection of the distributed 20
	279	+	generation system. 21
	280	+	[6.] (f) The estimated production of the distributed generation 22
	281	+	system in the first year of operation. 23
	282	+	[7.] (g) A description of the options available at the end of the 24
	283	+	term of the agreement. 25
	284	+	[8.] (h) A description of any option to purchase the distributed 26
	285	+	generation system before the end of the term of the agreement. 27
	286	+	[9.] (i) Notice of the existence of the Recovery Fund 28
	287	+	administered by the State Contractors’ Board pursuant to 29
	288	+	NRS 624.470. 30
	289	+	[10.] (j) Notice that a person financially damaged by a licensed 31
	290	+	contractor who performs work on a residence may be eligible to 32
	291	+	recover certain financial damages from the Recovery Fund. 33
	292	+	[11.] (k) Notice that a host customer may file a complaint with 34
	293	+	the Public Utilities Commission of Nevada. 35
	294	+	[12.] (l) Contact information for the State Contractors’ Board 36
	295	+	and the Public Utilities Commission of Nevada, including, without 37
	296	+	limitation, a telephone number. 38
	297	+	(m) Notice that the host customer, before execution of the 39
	298	+	agreement, may request any document used in the solicitation, 40
	299	+	offer or transaction for the power purchase agreement in any 41
	300	+	language. 42
	301	+	Sec. 9. NRS 598.9822 is hereby amended to read as follows: 43
	302	+	598.9822 1. A host customer may file a complaint 44
	303	+	concerning a solar installation company with the Public Utilities 45
290	304		– 7 –
291	305
292	306
293		-	- 82nd Session (2023)
294		-	[6.] (f) The estimated value of any portfolio energy credits and
295		-	rebates of any incentives included in the calculation of the total cost
296		-	of the distributed generation system.
297		-	[7.] (g) The amounts due at the signing for and at the
298		-	completion of the installation of the distributed generation system.
299		-	[8.] (h) The estimated production of the distributed generation
300		-	system in the first year of operation [.
301		-	9.] and an explanation that:
302		-	(1) The purchaser will always receive a power bill if the
303		-	premises of the purchaser are connected to the power grid;
304		-	(2) The estimated production or offset is based on available
305		-	data on prior consumption; and
306		-	(3) Any change in consumption by the purchaser will
307		-	impact the estimated offset, or savings, in relation to the
308		-	production.
309		-	(i) Notice of the existence of the Recovery Fund administered
310		-	by the S tate Contractors’ Board pursuant to
311		-	NRS 624.470.
312		-	[10.] (j) Notice that a person financially damaged by a licensed
313		-	contractor who performs work on a residence may be eligible to
314		-	recover certain financial damages from the Recovery Fund.
315		-	[11.] (k) Notice that a host customer may file a complaint with
316		-	the Public Utilities Commission of Nevada.
317		-	[12.] (l) Contact information for the State Contractors’ Board
318		-	and Public Utilities Commission of Nevada, including, without
319		-	limitation, a telephone number.
320		-	(m) Notice that the purchaser, before the execution of the
321		-	agreement, may request any document used in the solicitation,
322		-	offer or transaction for the agreement in any language.
323		-	Sec. 8. NRS 598.9816 is hereby amended to read as follows:
324		-	598.9816 A power purchase agreement for the sale of the
325		-	output of a distributed generation system must include a cover page
326		-	that [provides] :
327		-	1. Prominently displays the following information at the top
328		-	of the cover page in at least 16-point font:
329		-	(a) Notice of the right to rescind or cancel the agreement,
330		-	without any penalty or obligation, within 3 business days after the
331		-	execution of the agreement, as provided in section 3 of this act.
332		-	(b) An electronic mail address to which a notice of rescission
333		-	or cancellation may be sent pursuant to section 3 of this act and
334		-	notice that the host customer may send such a notice to that
335		-	electronic mail address.
	307	+	- SB293_R1
	308	+	Commission of Nevada. Upon receipt of a complaint, the 1
	309	+	Commission may direct the host customer to the appropriate agency 2
	310	+	or person to resolve the complaint. 3
	311	+	2. The failure of a person to comply with NRS 598.9801 to 4
	312	+	598.9822, inclusive, and sections 2 and 3 of this act constitutes a 5
	313	+	deceptive trade practice for the purposes of NRS 598.0903 to 6
	314	+	598.0999, inclusive. 7
	315	+	3. If a solar installation company executes with a purchaser 8
	316	+	or lessee an agreement for the purchase or lease of a distributed 9
	317	+	generation system or with a host customer a power purchase 10
	318	+	agreement and fails to comply with any requirement of NRS 11
	319	+	598.9801 to 598.9822, inclusive, and sections 2 and 3 of this act, 12
	320	+	including, without limitation, by failing to include any disclosure 13
	321	+	or information required by NRS 598.9801 to 598.9822, inclusive, 14
	322	+	and sections 2 and 3 of this act, or failing to maintain a recording 15
	323	+	of a verbal communication as required by section 2 of this act, the 16
	324	+	agreement is voidable by the purchaser, lessee or host customer. 17
	325	+	4. A violation of any provision of NRS 598.9801 to 598.9822, 18
	326	+	inclusive, and sections 2 and 3 of this act constitutes consumer 19
	327	+	fraud for the purposes of NRS 41.600. 20
	328	+	[4.] 5. Any document described in NRS 598.9809 to 598.9821, 21
	329	+	inclusive, and sections 2 and 3 of this act must be provided in: 22
	330	+	(a) English; or 23
	331	+	(b) [Spanish,] Any other language, if any person so requests. 24
	332	+	6. A solar installation company, before the execution of an 25
	333	+	agreement for the purchase or lease of a distributed generation 26
	334	+	system or a power purchase agreement, shall provide the 27
	335	+	purchaser, lessee or host customer, as applicable, a copy of the 28
	336	+	cover page required by NRS 598.9809, 598.9813 or 598.9816, as 29
	337	+	applicable, in the language that the majority of the solicitation, 30
	338	+	offer or transaction for the agreement occurred, if the majority of 31
	339	+	the language that was used was a language other than English. 32
	340	+	Sec. 10. NRS 624.860 is hereby amended to read as follows: 33
	341	+	624.860 1. A person shall not, directly or indirectly [,] on his 34
	342	+	or her own behalf or on behalf of another, perform or offer to 35
	343	+	perform any work concerning a residential photovoltaic system used 36
	344	+	to produce electricity , or advertise, solicit or offer to enter into an 37
	345	+	agreement described in NRS 598.9801 to 598.9822, inclusive, and 38
	346	+	sections 2 and 3 of this act unless the person [holds: 39
	347	+	1. A] : 40
	348	+	(a) Holds a license issued pursuant to this chapter which 41
	349	+	authorizes the person to perform [such] work [; or] concerning a 42
	350	+	residential photovoltaic system used to produce electricity; or 43
	351	+	(b) Is an employee of a person described in paragraph (a). 44
336	352		– 8 –
337	353
338	354
339		-	- 82nd Session (2023)
340		-	(c) Notice of the requirement to make and maintain a
341		-	recording pursuant to section 2 of this act.
342		-	(d) Notice that, before the installation of the distributed
343		-	generation system, the host customer will have the opportunity to
344		-	confirm that no representations, offers or promises were made at
345		-	any time concerning the sale of the output of the distributed
346		-	generation system other than what is contained in the agreement.
347		-	2. Provides the following information in at least 10-point font:
348		-	[1.] (a) The rate of any increase in the payments to be made
349		-	during the term of the agreement and, if applicable, the date of the
350		-	first such increase.
351		-	[2.] (b) An estimated timeline for the installation of the
352		-	distributed generation system.
353		-	[3.] (c) The rate of electricity per kilowatt-hour of electricity for
354		-	the first year of the agreement.
355		-	[4.] (d) The length of the term of the agreement.
356		-	[5.] (e) The amounts due at the signing for and at the
357		-	completion of the installation or any inspection of the distributed
358		-	generation system.
359		-	[6.] (f) The estimated production of the distributed generation
360		-	system in the first year of operation [.
361		-	7.] and an explanation that:
362		-	(1) The host customer will always receive a power bill if the
363		-	premises of the host customer are connected to the power grid;
364		-	(2) The estimated production or offset is based on available
365		-	data on prior consumption; and
366		-	(3) Any change in consumption by the host customer will
367		-	impact the estimated offset, or savings, in relation to the
368		-	production.
369		-	(g) A description of the options available at the end of the term
370		-	of the agreement.
371		-	[8.] (h) A description of any option to purchase the distributed
372		-	generation system before the end of the term of the agreement.
373		-	[9.] (i) Notice of the existence of the Recovery Fund
374		-	administered by the State Contractors’ Board pursuant to
375		-	NRS 624.470.
376		-	[10.] (j) Notice that a person financially damaged by a licensed
377		-	contractor who performs work on a residence may be eligible to
378		-	recover certain financial damages from the Recovery Fund.
379		-	[11.] (k) Notice that a host customer may file a complaint with
380		-	the Public Utilities Commission of Nevada.
381		-	– 9 –
	355	+	- SB293_R1
	356	+	2. [Any other license, certificate, registration or permit under 1
	357	+	state law which authorizes the person to perform such work.] The 2
	358	+	provisions of this section do not prohibit a person who does not 3
	359	+	hold a license issued pursuant to this chapter and who is not an 4
	360	+	employee of a person who holds a license issued pursuant to this 5
	361	+	chapter from generating leads or referrals for a residential 6
	362	+	photovoltaic system used to produce electricity if the person does 7
	363	+	not provide a quote or offer for the sale or installation of such a 8
	364	+	residential photovoltaic system. 9
382	365
383		-
384		-	- 82nd Session (2023)
385		-	[12.] (l) Contact information for the State Contractors’ Board
386		-	and the Public Utilities Commission of Nevada, including, without
387		-	limitation, a telephone number.
388		-	(m) Notice that the host customer, before execution of the
389		-	agreement, may request any document used in the solicitation,
390		-	offer or transaction for the power purchase agreement in any
391		-	language.
392		-	Sec. 9. NRS 598.9822 is hereby amended to read as follows:
393		-	598.9822 1. A host customer may file a complaint
394		-	concerning a solar installation company with the Public Utilities
395		-	Commission of Nevada. Upon receipt of a complaint, the
396		-	Commission may direct the host customer to the appropriate agency
397		-	or person to resolve the complaint.
398		-	2. The failure of a person to comply with NRS 598.9801 to
399		-	598.9822, inclusive, and sections 1.3 to 3, inclusive, of this act
400		-	constitutes a deceptive trade practice for the purposes of NRS
401		-	598.0903 to 598.0999, inclusive.
402		-	3. If a solar installation company executes with a purchaser
403		-	or lessee an agreement for the purchase or lease of a distributed
404		-	generation system or with a host customer a power purchase
405		-	agreement and knowingly fails to comply with any requirement of
406		-	NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3,
407		-	inclusive, of this act, including, without limitation, by failing to
408		-	include any disclosure or information required by NRS 598.9801
409		-	to 598.9822, inclusive, and sections 1.3 to 3, inclusive, of this act,
410		-	or knowingly failing to maintain a recording of a verbal
411		-	communication as required by section 2 of this act, the agreement
412		-	is voidable by the purchaser, lessee or host customer. The actions
413		-	of persons who solely conduct administrative duties or provide
414		-	administrative services directly to and for the benefit of the solar
415		-	installation company are not imputed to the solar installation
416		-	company for the purposes of this subsection.
417		-	4. A violation of any provision of NRS 598.9801 to 598.9822,
418		-	inclusive, and sections 1.3 to 3, inclusive, of this act constitutes
419		-	consumer fraud for the purposes of NRS 41.600.
420		-	[4.] 5. Any document described in NRS 598.9809 to 598.9821,
421		-	inclusive, and sections 1.3 to 3, inclusive, of this act must be
422		-	provided in:
423		-	(a) English; or
424		-	(b) [Spanish,] Any other language, if any person so requests [.]
425		-	before the execution of the relevant document.
426		-	6. If a solar installation company advertises its services or
427		-	negotiates orally or in writing any of the requirements of
428		-	– 10 –
429		-
430		-
431		-	- 82nd Session (2023)
432		-	NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3,
433		-	inclusive, of this act in a language other than English or permits
434		-	an employee or agent of the solar installation company to so
435		-	advertise or negotiate, the solar installation company must deliver
436		-	a translation of any contract, agreement or notice described in
437		-	NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3,
438		-	inclusive, of this act resulting from such advertising or
439		-	negotiations in the language in which such advertising was made
440		-	or such negotiations occurred to a person who is a party to such a
441		-	contract or agreement, or who may sign the contract or
442		-	agreement, or who is entitled to receive such notice. The
443		-	translation of the contract, agreement or notice must be provided
444		-	before the execution of the contract or agreement and include,
445		-	without limitation, every term and condition in the contract,
446		-	agreement or notice.
447		-	Sec. 10. NRS 624.860 is hereby amended to read as follows:
448		-	624.860 A person shall not, directly or indirectly [,] perform or
449		-	offer to perform , provide any proposal or bid for or execute a
450		-	contract to perform any work concerning a residential photovoltaic
451		-	system used to produce electricity unless the person [holds:
452		-	1. A] :
453		-	1. Holds a license issued pursuant to this chapter which
454		-	authorizes the person to perform [such] work [; or
455		-	2. Any other license, certificate, registration or permit under
456		-	state law which authorizes the person to perform such work.]
457		-	concerning a residential photovoltaic system used to produce
458		-	electricity; or
459		-	2. Is an employee of a person described in subsection 1.
460		-	Sec. 10.5. This act becomes effective on January 1, 2024.
461		-
462		-	20 ~~~~~ 23
463		-
464		-
465		-
466		-
	366	+	H
467	367