(Reprinted with amendments adopted on April 21, 2025)
FIRST REPRINT A.B. 458
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ASSEMBLY BILL NO. 458–ASSEMBLYMEMBER WATTS
MARCH 17, 2025
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions governing energy.
(BDR 58-228)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to energy; authorizing the users of a solar-
powered affordable housing system to participate in net
metering; exempting the owner or operator of a solar-
powered affordable housing system from certain
provisions of law; requiring the owner or landlord of a
qualified multifamily affordable housing property to
notify residents and new tenants of certain information
relating to a solar-powered affordable housing system;
making certain provisions governing public works
applicable to contracts for construction work related to
certain solar-powered affordable housing systems;
establishing requirements for a tariff or contract relating
to a solar-powered affordable housing system; revising
provisions governing the administration of net metering;
revising provisions relating to an expanded solar access
program which certain electric utilities are required to
offer; revising certain contractual requirements for an
agreement for the purchase or lease of a solar-powered
affordable housing system; imposing various
requirements and restrictions on a contractor who
performs work concerning a residential photovoltaic
system used to produce electricity on a qualified
multifamily affordable housing property; and providing
other matters properly relating thereto.
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Legislative Counsel’s Digest:
Existing law requires each electric utility in this State to offer net metering to 1
customer-generators operating in the service area of the utility. (NRS 704.773) 2
Existing law defines “net metering” to mean measuring the difference between the 3
electricity supplied by a utility and the electricity generated by certain customers 4
which is fed back to the utility. (NRS 704.769) Sections 13 and 14 of this bill 5
authorize the users of a solar-powered affordable housing system to participate in 6
net metering. Sections 2-8 of this bill define certain terms related to solar-powered 7
affordable housing systems. Section 11 of this bill excludes persons who own or 8
operate a solar-powered affordable housing system from the definition of “public 9
utility.” Section 12 of this bill makes a conforming change to make the definitions 10
set forth in sections 2-8 applicable to the provisions of existing law governing net 11
metering. 12
Sections 15 and 16 of this bill revise existing provisions governing net 13
metering to provide for the administration of net metering with respect to solar-14
powered affordable housing systems, including the measuring of net electricity 15
produced or consumed and the awarding of credit for excess electricity produced by 16
a solar-powered affordable housing system. Sections 9 and 10 of this bill establish 17
certain requirements for any tariff or contract which relates to a solar-powered 18
affordable housing system. Section 9.3 of this bill requires an application to qualify 19
for the tariff submitted to the utility by an owner or operator of a solar-powered 20
affordable housing system to include certain supporting documentation which 21
shows that the system is part of a qualified multifamily affordable housing 22
property. Section 9.7 of this bill requires the owner of a solar-powered affordable 23
housing system, in the initial application for the tariff which the owner submits to 24
the utility, to inform the utility of the proper allocation of capacity and its 25
associated production to customer-generators of the system. Section 18 of this bill 26
provides that, with certain exceptions, certain provisions governing the rates 27
charged for the provision of electric service by the landlord of a manufactured 28
home park or mobile home park or owner of a company town do not apply to the 29
owner or operator of a solar-powered affordable housing system. 30
Section 10.3 of this bill requires the owner or landlord of a qualified 31
multifamily affordable housing property to notify residents and new tenants of 32
certain information relating to a solar-powered affordable housing system that is on 33
the premises or to be installed on the premises. 34
Section 10.7 of this bill provides that certain provisions governing public 35
works apply to any contract for construction work related to a solar-powered 36
affordable housing system financed in whole or in part by a state or local 37
government, even if the construction work does not qualify as a public work. 38
Existing law requires: (1) certain electric utilities in this State to offer an 39
expanded solar access program to residential customers and to certain 40
nonresidential customers who consume less than 10,000 kilowatt-hours of 41
electricity per month; (2) the Public Utilities Commission of Nevada to adopt 42
certain regulations for the implementation of the expanded solar access program; 43
and (3) an electric utility to submit a plan for the implementation of the expanded 44
solar access program. Under existing law, the customers who are eligible to 45
participate in an expanded solar access program are: (1) low-income residential 46
customers; (2) certain disadvantaged businesses and nonprofit organizations; and 47
(3) certain residential customers who cannot install solar resources on the premises 48
of the customer. In implementing the expanded solar access program, an electric 49
utility is required to: (1) make use of at least a certain number of community-based 50
solar resources; and (2) provide participating low-income residential customers 51
with a lower rate. (NRS 704.7865) 52
Section 17 of this bill: (1) revises the criteria for eligibility so that only low-53
income residential customers are eligible to participate in an expanded solar access 54
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program; and (2) requires customers who are supported with certain funding from 55
the Nevada Clean Energy Fund to comply with certain requirements. Section 17 56
also authorizes such a participating customer to remain continuously enrolled in the 57
program without having to reapply. For community-based solar resources, section 58
17: (1) increases the maximum nameplate capacity from not more than 1 megawatt 59
to not more than 5 megawatts; (2) requires a process for open bidding or requests 60
for proposals for the selection of sites; (3) requires prioritizing the selection of sites 61
that provide resiliency for the electric grid and benefits for the community; and (4) 62
requires construction of additional community-based solar resources in proportion 63
to increased participation in the expanded solar access program. 64
Existing law: (1) imposes certain requirements on solar installation companies 65
that sell and install distributed generation systems in this State; (2) prescribes 66
certain contractual requirements for an agreement for the purchase or lease of a 67
distributed generation system and a power purchase agreement; and (3) provides 68
that the violation of those provisions relating to distributed generation systems 69
constitutes a deceptive trade practice. (NRS 598.9801-598.9822) Sections 1 and 70
19-25 of this bill make these provisions applicable to solar-powered affordable 71
housing systems. 72
Existing law: (1) prohibits a person from performing any work on, or providing 73
a bid for or executing a contract to perform such work on, a residential photovoltaic 74
system used to produce electricity on a single-family residence unless the person 75
holds a license issued by the State Contractors’ Board or is an employee of such a 76
person; (2) imposes certain requirements on contractors who perform work on such 77
systems; (3) establishes requirements for contracts for such work; (4) prohibits or 78
limits certain practices related to such work and contracts; and (5) authorizes 79
certain penalties and disciplinary action for violations of these provisions. (NRS 80
624.830-624.895) Sections 23, 26 and 29-35 of this bill make these provisions 81
applicable to a residential photovoltaic system, including a solar-powered 82
affordable housing system, located on a qualified multifamily affordable housing 83
property. 84
Section 28 of this bill requires a general building contractor, in the case of a 85
contract for work concerning a residential photovoltaic system to produce 86
electricity on a qualified multifamily affordable housing property, to provide to the 87
owner of the property certain information relating to subcontractors on the project, 88
certain persons who furnished material for the project and liens. 89
Existing law authorizes the State Contractors’ Board to require a contractor 90
who performs work concerning a residential photovoltaic system used to produce 91
electricity to obtain performance and payment bonds if the contractor: (1) is 92
determined by the Board to have committed certain violations; (2) enters into a 93
contract that is later found to be void and unenforceable against an owner; or (3) 94
has five valid complaints filed against him or her with the Board within a 15-day 95
period. (NRS 624.270) Sections 23 and 28 of this bill make this provision 96
applicable to a contractor who performs work on a solar-powered affordable 97
housing system located on a qualified multifamily affordable housing property. 98
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 701.540 is hereby amended to read as follows: 1
701.540 The Legislature hereby declares that each natural 2
person who is a resident of this State has the right to: 3
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1. Generate, consume and export renewable energy and reduce 1
his or her use of electricity that is obtained from the grid. 2
2. Use technology to store energy at his or her residence. 3
3. If the person generates renewable energy pursuant to 4
subsection 1, or stores energy pursuant to subsection 2, or any 5
combination thereof, be allowed to connect his or her system that 6
generates renewable energy or stores energy, or any combination 7
thereof, with the electricity meter on the customer’s side that is 8
provided by an electric utility or any other person named and 9
defined in chapters 704, 704A and 704B of NRS: 10
(a) In a timely manner; 11
(b) In accordance with requirements established by the electric 12
utility to ensure the safety of utility workers; and 13
(c) After providing written notice to the electric utility providing 14
service in the service territory and installing a nomenclature plate on 15
the electrical meter panel indicating that a system that generates 16
renewable energy or stores energy, or any combination thereof, is 17
present if the system: 18
(1) Is not used for exporting renewable energy past the 19
electric utility meter on the customer’s side; and 20
(2) Meets all applicable state and local safety and electrical 21
code requirements. 22
4. Fair credit for any energy exported to the grid. 23
5. Consumer protections in contracts for renewable energy 24
pursuant to NRS 598.9801 to 598.9822, inclusive [.] , and sections 25
20 and 21 of this act. 26
6. Have his or her generation of renewable energy given 27
priority in planning and acquisition of energy resources by an 28
electric utility. 29
7. Except as otherwise provided in NRS 704.7725 or 704.7732, 30
remain within the existing broad rate class to which the resident 31
would belong in the absence of a net metering system or a system 32
that generates renewable energy or stores energy, or any 33
combination thereof, without any fees or charges that are different 34
than the fees and charges assessed to customers of the same rate 35
class, regardless of the technologies on the customer’s side of the 36
electricity meter, including, without limitation, energy production, 37
energy savings, energy consumption, energy storage or energy 38
shifting technologies, provided that such technologies do not 39
compromise the safety and reliability of the utility grid. 40
Sec. 1.5. Chapter 704 of NRS is hereby amended by adding 41
thereto the provisions set forth as sections 2 to 10.7, inclusive, of 42
this act. 43
Sec. 2. “Active affordability covenant” means a covenant, 44
condition or restriction contained in a deed, contract or other legal 45
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instrument which affects the transfer, sale or any other interest in 1
real property, which: 2
1. Establishes a period during which the covenant, condition 3
or restriction is active; and 4
2. During the period described in subsection 1, limits the 5
amount of any rent and utility charges that may be charged to a 6
natural person or household: 7
(a) Who has an income of: 8
(1) Not more than 80 percent of the area median income 9
based on the guidelines published by the United States Department 10
of Housing and Urban Development; or 11
(2) Not more than 150 percent of the federally designated 12
level signifying poverty as provided in the most recent federal 13
poverty guidelines published in the Federal Register by the United 14
States Department of Health and Human Services; or 15
(b) Which qualifies as a low-income family pursuant to 42 16
U.S.C. § 1437a(b)(2). 17
Sec. 3. “Allocation” means: 18
1. A portion of the capacity from or the electricity that is 19
produced by a solar-powered affordable housing system that is; or 20
2. The net metering credits for each kilowatt-hour of excess 21
electricity generated by the solar-powered affordable housing 22
system that are, 23
attributed to one of the users of the solar-powered affordable 24
housing system. 25
Sec. 4. “Net metering credits” means the credit, expressed in 26
terms of the number of kilowatt-hours, that the utility is required 27
to allocate to a customer-generator for each kilowatt-hour of 28
excess electricity governed by paragraph (c) of subsection 2 of 29
NRS 704.775 that is generated by the customer-generator. 30
Sec. 5. “Qualified low-income residential building” means a 31
residential rental building which participates in: 32
1. A federal covered housing program, as defined in 34 33
U.S.C. § 12491(a)(3), and is wholly or partially financed by or 34
otherwise connected to a grant or program under: 35
(a) Section 202 of the Housing Act of 1959, as amended, 12 36
U.S.C. § 1701q; 37
(b) Section 811 or sections 851 to 863, inclusive, of the 38
Cranston-Gonzalez National Affordable Housing Act, as 39
amended, 42 U.S.C. § 8013 or §§ 12901 et seq.; 40
(c) The McKinney-Vento Homeless Assistance Act, as 41
amended, 42 U.S.C. §§ 11360 et seq., including, without 42
limitation, the Emergency Solutions Grants Program, Continuum 43
of Care Program and Rural Housing Stability Assistance 44
Program; 45
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(d) The HOME Investment Partnerships Act, 42 U.S.C. §§ 1
12741 et seq.; 2
(e) Section 8 or 9 of the United States Housing Act of 1937, 42 3
U.S.C. § 1437f or 1437g, and any regulations adopted pursuant 4
thereto, or pursuant to any successor program, including, without 5
limitation, programs for project-based rental assistance, moderate 6
rehabilitation and moderate rehabilitation single-room 7
occupancy; 8
(f) A low-income housing credit received pursuant to 26 U.S.C. 9
§ 42; 10
(g) Section 1338 of the Federal Housing Enterprises Financial 11
Safety and Soundness Act of 1992, 12 U.S.C. § 4568; 12
(h) The following programs administered by the Secretary of 13
Veterans Affairs: 14
(1) The programs for comprehensive services to homeless 15
veterans set forth in 38 U.S.C. §§ 2011-2016; 16
(2) The program to assist homeless veterans set forth in 38 17
U.S.C. § 2061; and 18
(3) The programs to provide financial assistance and 19
supportive services for very low-income veteran families in 20
permanent housing set forth in 38 U.S.C. §§ 2041 et seq.; 21
2. A housing assistance program administered by the United 22
States Department of Agriculture under Title V of the federal 23
Housing Act of 1949, Public Law 81-171, as amended, and is 24
wholly or partially financed by or otherwise connected to a grant 25
or program under section 514, 515, 516, 521, 533 or 538 of the 26
Housing Act of 1949, 42 U.S.C. § 1484, 1485, 1486, 1490a, 1490m 27
or 1490p-2, including, without limitation, programs for 28
multifamily preservation and revitalization or multifamily housing 29
rental assistance; 30
3. A housing program administered by a tribally designated 31
housing entity, as defined in 25 U.S.C. § 4103(22); or 32
4. Such other affordable housing programs as federal, state 33
or local law may provide. 34
Sec. 6. “Qualified low-income residential building project” 35
means an energy facility that: 36
1. Is installed on the premises of a qualified low-income 37
residential building; and 38
2. For which the financial benefits of the electricity produced 39
by the energy facility are allocated equitably among the occupants 40
of the dwelling units of the qualified low-income residential 41
building. 42
Sec. 7. “Qualified multifamily affordable housing property”: 43
1. Means a multifamily residential property with at least five 44
rental housing units or, for a housing program administered by a 45
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tribally designated housing entity, as defined in 25 U.S.C. § 1
4103(22), two rental housing units that: 2
(a) Contains one or more qualified low-income residential 3
buildings: 4
(1) That are part of a single low-income housing 5
development; and 6
(2) In which not less than 80 percent of the rental housing 7
units have active affordability covenants; and 8
(b) Consists of tenant housing units, which may be 9
individually metered and the occupants of which may maintain 10
individual customer accounts with the utility, along with common 11
areas served by one or more common meters under the customer 12
account of the property owner. 13
2. In the case of a mixed-use property, does not include any 14
independent commercial units on the premises that are not 15
appurtenant to the housing use. 16
Sec. 8. “Solar-powered affordable housing system” means 17
an energy system for the generation of electricity that: 18
1. Uses renewable energy as its primary source of energy to 19
generate electricity; 20
2. Has a generating capacity of not more than 1 megawatt; 21
3. Is a qualified low-income residential building project that 22
is located on a qualified multifamily affordable housing property; 23
4. Operates in parallel with the utility’s transmission and 24
distribution facilities; 25
5. Is owned by the landlord or another third party that 26
equitably allocates the capacity and associated production of the 27
energy system to each of the individually metered units or common 28
areas within the qualified multifamily affordable housing 29
property; 30
6. Is intended primarily to offset part or all of the qualified 31
multifamily affordable housing property’s requirements for 32
electricity, subject to the following maximum allocations: 33
(a) In the case of common-area meters, a capacity that is sized 34
to supply not more than 100 percent of the metered historic usage 35
or reasonably expected future usage; and 36
(b) In the case of meters serving tenant units, a capacity of not 37
more than 25 kilowatts per unit; and 38
7. Is net metered by the utility by allocating net metering 39
credits either to common-area meters or to individually metered 40
accounts, or both, that receive an allocation, according to the 41
allocation schedule provided by the owner of the energy system, 42
without requiring the energy system to be physically 43
interconnected with the meter of each user. 44
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Sec. 9. Any tariff or contract which relates to a solar-1
powered affordable housing system must include, without 2
limitation: 3
1. The particular limitations and responsibilities of a 4
customer-generator who is an owner of a solar-powered 5
affordable housing system, a customer-generator who is a user of 6
a solar-powered affordable housing system and the utility. 7
2. A provision authorizing the allocation by the owner of a 8
solar-powered affordable housing system, in consultation with the 9
owner of the qualified multifamily affordable housing property 10
where the solar-powered affordable housing system is located, of 11
the financial benefits of the electricity produced by the solar-12
powered affordable housing system in a manner which ensures 13
net metering credits are equitably allocated among the tenant 14
units: 15
(a) As a percentage of system production in proportion to the 16
size of each tenant unit measured in square feet; or 17
(b) In equal proportion to all tenant units, regardless of the 18
size of each tenant unit. 19
An equitable allocation of the financial benefits of the 20
electricity produced by the solar-powered affordable housing 21
system to the occupants does not preclude any allocation of the 22
generation output to common-area accounts. 23
3. The manner in which the owner of a solar-powered 24
affordable housing system is required to inform and update the 25
utility on the proper allocation of capacity and its associated 26
production to customer-generators of the solar-powered affordable 27
housing system pursuant to section 9.7 of this act. The allocation 28
of capacity and its associated production to customer-generators 29
of the solar-powered affordable housing system must: 30
(a) Ensure that not less than 80 percent of the total allocation 31
is reserved for tenant units. In the event a tenant unit is vacant, 32
unallocated net metering credits for that unit that are designated 33
for assignment to the account of the owner or a common-area 34
account pursuant to paragraph (b) must not be considered for the 35
purposes of this paragraph. 36
(b) Provide the owner with the option to designate the 37
assignment of unallocated net metering credits to either the 38
account of the owner or a common-area account. 39
4. The manner in which a utility is required to meter and bill 40
customer-generators who are allocated shares of the capacity of a 41
solar-powered affordable housing system by way of the provision 42
of net metering credits on the bill of a customer-generator. 43
5. Provisions governing the interconnection of a solar-44
powered affordable housing system to the system of the utility 45
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without requiring the meters of individual users, common-area 1
meters or owners of the solar-powered affordable housing system 2
to be directly interconnected to the solar-powered affordable 3
housing system, including, without limitation, fees for 4
interconnections, procedures and timelines that are consistent 5
with the procedures and timelines established for other net 6
metering systems. 7
6. Provisions for the allocation of net metering credits for 8
each kilowatt-hour of excess electricity, for a system that has a 9
capacity of: 10
(a) Not more than 25 kilowatts, in accordance with NRS 11
704.7732; and 12
(b) More than 25 kilowatts but not more than 1 megawatt, in 13
accordance with applicable requirements for a net metering tariff 14
and a standard net metering contract established by the 15
Commission pursuant to NRS 704.773. 16
7. Provisions governing fees or other charges which the 17
utility may impose on an owner or user of a solar-powered 18
affordable housing system, which: 19
(a) Must prohibit the utility from imposing any: 20
(1) Monthly fee or charge on an owner or user of a solar-21
powered affordable housing system for the provision of net 22
metering credits. 23
(2) Fee or charge on a user of a solar-powered affordable 24
housing system to initiate the allocation of net metering credits. 25
(3) Fee or charge on the owner of a qualified multifamily 26
affordable housing property, if the person is not the owner of the 27
solar-powered affordable housing system, for the application to 28
install a net metering system or to initiate the allocation of net 29
metering credits. 30
(4) Fee or charge for a change to the occupancy of a tenant 31
unit, unless there are two or more such changes to the same 32
tenant unit in a 12-month period for which a fee or charge may be 33
imposed pursuant to subparagraph (1) of paragraph (b). 34
(b) May impose: 35
(1) For the second and any subsequent change to the 36
occupancy of the same tenant unit in a 12-month period, a fee or 37
charge for remote connection of the tenant unit to the system 38
which is associated with establishing service, billed to the owner of 39
the solar-powered affordable housing system. 40
(2) A one-time fee or charge on the owner of a solar-41
powered affordable housing system to initiate the allocation of net 42
metering credits for the solar-powered affordable housing system, 43
in an amount which represents the lesser of $25 for each user or 44
$500 for each solar-powered affordable housing system. 45
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8. Provisions governing the manner in which the utility will 1
provide aggregated and anonymized data relating to net metering 2
credits to the owner of the solar-powered affordable housing 3
system, which must require the utility to provide such data on an 4
annual basis and in a form which is sufficient to enable the owner 5
to verify that users of the solar-powered affordable housing system 6
are provided net metering credits accurately. 7
Sec. 9.3. An application to qualify for a tariff which relates 8
to a solar-powered affordable housing system described in section 9
9 of this act submitted to the utility by an owner or operator of a 10
solar-powered affordable housing system must include supporting 11
documentation which shows that the system is part of a qualified 12
multifamily affordable housing property. The documentation must 13
include, without limitation: 14
1. A declaration of active affordability covenants and a 15
statement regarding the portion of rental housing units that have 16
active affordability covenants; or 17
2. A letter of verification from the appropriate entity with the 18
authority and responsibility to grant federal, state or local funds 19
pursuant to a program, law or regulation as described in section 5 20
of this act. The letter of verification must include, without 21
limitation: 22
(a) A statement that the solar-powered affordable housing 23
system is part of a qualified multifamily affordable housing 24
property; 25
(b) A description of the type of funding which is granted; 26
(c) The date on which the funding was granted; and 27
(d) The number of rental housing units associated with the 28
funding. 29
Sec. 9.7. 1. The owner of a solar-powered affordable 30
housing system shall, in the initial application for a tariff which 31
relates to a solar-powered affordable housing system described in 32
section 9 of this act which the owner submits to the utility, inform 33
the utility of the proper allocation of capacity and its associated 34
production to customer-generators of the solar-powered affordable 35
housing system. 36
2. The utility shall allow the owner of a solar-powered 37
affordable housing system to submit at least annually updates on 38
the proper allocation of capacity and its associated production to 39
customer-generators of the solar-powered affordable housing 40
system to reflect changes in occupancy, square footage, number of 41
tenant units and other relevant factors. 42
Sec. 10. For any tariff or tariffs which relate to a solar-43
powered affordable housing system described in section 9 of this 44
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act, eligibility must be limited to a total capacity of not more than 1
50 megawatts. 2
Sec. 10.3. 1. In whatever manner is typically used by the 3
owner or landlord of a qualified multifamily affordable housing 4
property to communicate with residents and new tenants, as 5
applicable, on matters related to common areas and utilities for 6
the property, the owner or landlord shall: 7
(a) Not less than 30 days before a solar-powered affordable 8
housing system is installed on an existing qualified multifamily 9
affordable housing property, notify residents of occupied tenant 10
units that a solar-powered affordable housing system will be 11
installed on the premises of the qualified multifamily affordable 12
housing property; and 13
(b) Notify each new tenant of the presence of the solar-14
powered affordable housing system on the premises. 15
2. A notification required by subsection 1 must include, 16
without limitation: 17
(a) The nameplate capacity of the solar-powered affordable 18
housing system, the expected energy production of the system and 19
a summary of the manner of making the equitable allocations 20
required by the provisions described in subsection 2 of section 9 of 21
this act; 22
(b) The particular limitations and responsibilities of a user of a 23
solar-powered affordable housing system; 24
(c) The contact information for the utility; and 25
(d) The contact information for the appropriate entity with the 26
authority and responsibility to grant federal, state or local funds 27
pursuant to a program, law or regulation as described in section 5 28
of this act. 29
Sec. 10.7. The provisions of NRS 338.01165 and 338.013 to 30
338.090, inclusive, apply to any contract for construction work 31
related to a solar-powered affordable housing system financed in 32
whole or in part by a state or local government, even if the 33
construction work does not qualify as a public work, as defined in 34
NRS 338.010. 35
Sec. 11. NRS 704.021 is hereby amended to read as follows: 36
704.021 “Public utility” or “utility” does not include: 37
1. Persons engaged in the production and sale of natural gas, 38
other than sales to the public, or engaged in the transmission of 39
natural gas other than as a common carrier transmission or 40
distribution line or system. 41
2. Persons engaged in the business of furnishing, for 42
compensation, water or services for the disposal of sewage, or both, 43
to persons within this State if: 44
(a) They serve 25 persons or less; and 45
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(b) Their gross sales for water or services for the disposal of 1
sewage, or both, amounted to $25,000 or less during the 2
immediately preceding 12 months. 3
3. Persons not otherwise engaged in the business of furnishing, 4
producing or selling water or services for the disposal of sewage, or 5
both, but who sell or furnish water or services for the disposal of 6
sewage, or both, as an accommodation in an area where water or 7
services for the disposal of sewage, or both, are not available from a 8
public utility, cooperative corporations and associations or political 9
subdivisions engaged in the business of furnishing water or services 10
for the disposal of sewage, or both, for compensation, to persons 11
within the political subdivision. 12
4. Persons who are engaged in the production and sale of 13
energy, including electricity, to public utilities, cities, counties or 14
other entities which are reselling the energy to the public. 15
5. Persons who are subject to the provisions of NRS 590.465 to 16
590.645, inclusive. 17
6. Persons who are engaged in the sale or use of special fuel as 18
defined in NRS 366.060. 19
7. Persons who provide water from water storage, transmission 20
and treatment facilities if those facilities are for the storage, 21
transmission or treatment of water from mining operations. 22
8. Persons who are video service providers, as defined in NRS 23
711.151, except for those operations of the video service provider 24
which consist of providing a telecommunication service to the 25
public, in which case the video service provider is a public utility 26
only with regard to those operations of the video service provider 27
which consist of providing a telecommunication service to the 28
public. 29
9. Persons who own or operate a net metering system described 30
in paragraph (c) or (d) of subsection 1 of NRS 704.771. 31
10. Persons who own or operate a net metering system or 32
systems described in paragraph (a) of subsection 1 of NRS 704.771 33
and deliver electricity to multiple persons, units or spaces on the 34
premises if: 35
(a) The electricity is delivered only to persons, units or spaces 36
located on the premises on which the net metering system or 37
systems are located; 38
(b) The residential or commercial units or spaces do not have 39
individual meters measuring electricity use by an individual unit or 40
space; and 41
(c) Persons occupying the individual units or spaces are not 42
charged for electricity based upon volumetric usage at the person’s 43
individual unit or space. 44
– 13 –
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11. Persons who for compensation own or operate individual 1
systems which use renewable energy to generate electricity and sell 2
the electricity generated from those systems to not more than one 3
customer of the public utility per individual system if each 4
individual system is: 5
(a) Located on the premises of another person; 6
(b) Used to produce not more than 150 percent of that other 7
person’s requirements for electricity on an annual basis for the 8
premises on which the individual system is located; and 9
(c) Not part of a larger system that aggregates electricity 10
generated from renewable energy for resale or use on premises other 11
than the premises on which the individual system is located. 12
As used in this subsection, “renewable energy” has the meaning 13
ascribed to it in NRS 704.7715. 14
12. Persons who own, control, operate or manage a facility that 15
supplies electricity only for use to charge electric vehicles. 16
13. Any plant or equipment that is used by a data center to 17
produce, deliver or furnish electricity at agreed-upon prices for or to 18
persons on the premises of the data center for the sole purpose of 19
those persons storing, processing or distributing data, but only with 20
regard to those operations which consist of providing electric 21
service. As used in this subsection, “data center” has the meaning 22
ascribed to it in NRS 360.754. 23
Sec. 12. NRS 704.767 is hereby amended to read as follows: 24
704.767 As used in NRS 704.766 to 704.776, inclusive, and 25
sections 2 to 10.7, inclusive, of this act, unless the context 26
otherwise requires, the words and terms defined in NRS 704.7675 to 27
704.772, inclusive, and sections 2 to 8, inclusive, of this act have 28
the meanings ascribed to them in those sections. 29
Sec. 13. NRS 704.768 is hereby amended to read as follows: 30
704.768 “Customer-generator” means a user of a net metering 31
system [.] , including, without limitation: 32
1. The owner of a solar-powered affordable housing system; 33
and 34
2. Any user of a solar-powered affordable housing system 35
that includes, without limitation, tenant meters and common-area 36
meters that receive an allocation of the capacity and associated 37
production of the solar-powered affordable housing system, 38
regardless of the legal ownership of the solar-powered affordable 39
housing system. 40
Sec. 14. NRS 704.771 is hereby amended to read as follows: 41
704.771 1. “Net metering system” means: 42
(a) A facility or energy system for the generation of electricity 43
that: 44
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- *AB458_R1*
(1) Uses renewable energy as its primary source of energy to 1
generate electricity; 2
(2) Has a generating capacity of not more than 1 megawatt; 3
(3) Is located on the customer-generator’s premises; 4
(4) Operates in parallel with the utility’s transmission and 5
distribution facilities; and 6
(5) Is intended primarily to offset part or all of the customer-7
generator’s requirements for electricity; 8
(b) A facility or energy system for the generation of electricity 9
that: 10
(1) Uses waterpower as its primary source of energy to 11
generate electricity; 12
(2) Is located on property owned by the customer-generator; 13
(3) Has a generating capacity of not more than 1 megawatt; 14
(4) Generates electricity that is delivered to the transmission 15
and distribution facilities of the utility; and 16
(5) Is intended primarily to offset all or part of the customer-17
generator’s requirements for electricity on that property or 18
contiguous property owned by the customer-generator; [or] 19
(c) A facility or energy system for the generation of electricity: 20
(1) Which uses wind power as its primary source of energy 21
to generate electricity; 22
(2) Which is located on property owned or leased by an 23
institution of higher education in this State; 24
(3) Which has a generating capacity of not more than 1 25
megawatt; 26
(4) Which operates in parallel with the utility’s transmission 27
and distribution facilities; 28
(5) Which is intended primarily to offset all or part of the 29
customer-generator’s requirements for electricity on that property or 30
on contiguous property owned or leased by the customer-generator; 31
(6) Which is used for research and workforce training; and 32
(7) The construction or installation of which is commenced 33
on or before December 31, 2011, and is completed on or before 34
December 31, 2012 [.] ; or 35
(d) A solar-powered affordable housing system. 36
2. The term does not include a facility or energy system for the 37
generation of electricity , other than a solar-powered affordable 38
housing system, which has a generating capacity that exceeds the 39
greater of: 40
(a) The limit on the demand that the class of customer of the 41
customer-generator may place on the system of the utility; or 42
(b) One hundred percent of the customer-generator’s annual 43
requirements for electricity. 44
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Sec. 15. NRS 704.773 is hereby amended to read as follows: 1
704.773 1. A utility shall offer net metering in accordance 2
with the provisions of NRS 704.766 to 704.776, inclusive, and 3
sections 2 to 10.7, inclusive, of this act to the customer-generators 4
operating within its service area. 5
2. If the net metering system of a customer-generator who 6
accepts the offer of a utility for net metering has a capacity of not 7
more than 25 kilowatts, the utility: 8
(a) Shall offer to make available to the customer-generator an 9
energy meter that is capable of registering the flow of electricity in 10
two directions. 11
(b) May, at its own expense and with the written consent of the 12
customer-generator, install one or more additional meters to monitor 13
the flow of electricity in each direction. 14
(c) Except as otherwise provided in subsection 7, shall not 15
charge the customer-generator any fee or charge that is different 16
than that charged to other customers of the utility in the rate class to 17
which the customer-generator would belong if the customer-18
generator did not have a net metering system. 19
(d) Shall not reduce the minimum monthly charge of the 20
customer-generator based on the electricity generated by the 21
customer-generator and fed back to the utility. 22
3. If the net metering system of a customer-generator who 23
accepts the offer of a utility for net metering has a capacity of more 24
than 25 kilowatts, the utility: 25
(a) May require the customer-generator or, if the net metering 26
system is a solar-powered affordable housing system, the owner of 27
the solar-powered affordable housing system to install at its own 28
cost: 29
(1) An energy meter that is capable of measuring generation 30
output and customer load; and 31
(2) Any upgrades to the system of the utility that are required 32
to make the net metering system compatible with the system of the 33
utility. 34
(b) Except as otherwise provided in paragraph (d) and 35
subsection 7, shall not charge the customer-generator any fee or 36
charge that is different than that charged to other customers of the 37
utility in the rate class to which the customer-generator would 38
belong if the customer-generator did not have a net metering system, 39
including, without limitation, customer, demand and facility 40
charges. 41
(c) Shall not reduce the minimum monthly charge of the 42
customer-generator based on the electricity generated by the 43
customer-generator and fed back to the utility. 44
(d) Shall not charge the customer-generator any standby charge. 45
– 16 –
- *AB458_R1*
4. At the time of installation or upgrade of any portion of a net 1
metering system, the utility must allow a customer-generator or 2
owner of the solar-powered affordable housing system, if 3
applicable, governed by subsection 3 to pay the entire cost of the 4
installation or upgrade of the portion of the net metering system. 5
5. Except as otherwise provided in subsections 2, 3 and 6 and 6
NRS 704.7732, the utility shall not for any purpose assign a 7
customer-generator to a rate class other than the rate class to which 8
the customer-generator would belong if the customer-generator did 9
not have a net metering system, including, without limitation, for the 10
purpose of any fee or charge. 11
6. If the net metering system of a customer-generator is a net 12
metering system described in paragraph (b) or (c) of subsection 1 of 13
NRS 704.771 and: 14
(a) The system is intended primarily to offset part or all of the 15
customer-generator’s requirements for electricity on property 16
contiguous to the property on which the net metering system is 17
located; and 18
(b) The customer-generator sells or transfers his or her interest 19
in the contiguous property, 20
the net metering system ceases to be eligible to participate in net 21
metering. 22
7. A utility shall assess against a customer-generator: 23
(a) If applicable, the universal energy charge imposed pursuant 24
to NRS 702.160; and 25
(b) Any charges imposed pursuant to chapter 701B of NRS or 26
NRS 704.7827 or 704.785 which are assessed against other 27
customers in the same rate class as the customer-generator. 28
For any such charges calculated on the basis of a kilowatt-hour 29
rate, the customer-generator must only be charged with respect to 30
kilowatt-hours of energy delivered by the utility to the customer-31
generator. 32
8. The Commission and the utility must allow a customer-33
generator who accepts the offer of the utility for net metering to 34
continue net metering pursuant to NRS 704.766 to 704.776, 35
inclusive, and sections 2 to 10.7, inclusive, of this act at the 36
location at which the net metering system is originally installed for 37
20 years. For the purposes of this subsection, “to continue net 38
metering” includes, without limitation: 39
(a) Retaining the percentage set forth in subsection 3 of NRS 40
704.7732 to be used to determine the credit for electricity governed 41
by paragraph (c) of subsection 2 of NRS 704.775, which is 42
applicable to the customer-generator; and 43
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- *AB458_R1*
(b) Replacing the originally installed net metering system, as 1
needed, at any time before 20 years after the date of the installation 2
of the originally installed net metering system. 3
9. The Commission shall adopt regulations prescribing the 4
form and substance for a net metering tariff and a standard net 5
metering contract. The regulations must include, without limitation: 6
(a) The particular provisions, limitations and responsibilities of 7
a customer-generator which must be included in a net metering tariff 8
with regard to: 9
(1) Metering equipment; 10
(2) Net energy metering and billing; and 11
(3) Interconnection, 12
based on the allowable size of the net metering system. 13
(b) The particular provisions, limitations and responsibilities of 14
a customer-generator and the utility which must be included in a 15
standard net metering contract. 16
(c) A timeline for processing applications and contracts for net 17
metering applicants. 18
(d) Any other provisions the Commission finds necessary to 19
carry out the provisions of NRS 704.766 to 704.776, inclusive [.] , 20
and sections 2 to 10, inclusive, of this act. 21
Sec. 16. NRS 704.775 is hereby amended to read as follows: 22
704.775 1. The billing period for net metering must be a 23
monthly period. 24
2. The net energy measurement must be calculated in the 25
following manner: 26
(a) The utility shall measure, in kilowatt-hours, the net 27
electricity produced or consumed during the billing period [,] : 28
(1) For a net metering system that serves only one meter, in 29
accordance with normal metering practices. 30
(2) For a solar-powered affordable housing system that 31
serves multiple meters, by measuring the total generation output of 32
the solar-powered affordable housing system using a production 33
meter. The utility shall, for capacity allocations, calculate the total 34
kilowatt-hour output associated with each user’s allocated share 35
of the solar-powered affordable housing system’s production and 36
deduct the allocated total kilowatt-hour output from each user’s 37
total measured consumption. 38
(b) If the electricity supplied by the utility exceeds the electricity 39
generated by the customer-generator , or the customer-generator’s 40
allocated share of the electricity generated by a solar-powered 41
affordable housing system, which is fed back to the utility during 42
the billing period, the customer-generator must be billed for the net 43
electricity supplied by the utility. 44
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- *AB458_R1*
(c) Except as otherwise provided in NRS 704.7732, if the 1
electricity generated by the customer-generator , or the customer-2
generator’s allocated share of the electricity generated by a solar-3
powered affordable housing system, which is fed back to the utility 4
exceeds the electricity supplied by the utility during the billing 5
period: 6
(1) Neither the utility nor the customer-generator is entitled 7
to compensation for the electricity provided to the other during the 8
billing period. 9
(2) The excess electricity which is fed back to the utility 10
during the billing period is carried forward to the next billing period 11
as an addition to the kilowatt-hours generated by the customer-12
generator in that billing period. If the customer-generator is billed 13
for electricity pursuant to a time-of-use rate schedule, the excess 14
electricity carried forward must be added to the same time-of-use 15
period as the time-of-use period in which it was generated unless the 16
subsequent billing period lacks a corresponding time-of-use period. 17
In that case, the excess electricity carried forward must be 18
apportioned evenly among the available time-of-use periods. 19
(3) Excess electricity may be carried forward to subsequent 20
billing periods indefinitely, but a customer-generator is not entitled 21
to receive compensation for any excess electricity that remains if: 22
(I) The net metering system ceases to operate or is 23
disconnected from the utility’s transmission and distribution 24
facilities; 25
(II) The customer-generator ceases to be a customer of 26
the utility at the premises served by the net metering system; or 27
(III) The customer-generator transfers the net metering 28
system to another person. 29
(4) The value of the excess electricity must not be used to 30
reduce any other fee or charge imposed by the utility. 31
3. If the cost of purchasing and installing a net metering system 32
was paid for: 33
(a) In whole or in part by a utility, the electricity generated by 34
the net metering system shall be deemed to be electricity that the 35
utility generated or acquired from a renewable energy system for the 36
purposes of complying with its portfolio standard pursuant to NRS 37
704.7801 to 704.7828, inclusive. 38
(b) Entirely by a customer-generator, including, without 39
limitation, a customer-generator that is the owner of a solar-40
powered affordable housing system, the Commission shall issue to 41
the customer-generator portfolio energy credits for use within the 42
system of portfolio energy credits adopted by the Commission 43
pursuant to NRS 704.7821 and 704.78213 equal to the electricity 44
generated by the net metering system. 45
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- *AB458_R1*
4. A bill for electrical service is due at the time established 1
pursuant to the terms of the contract between the utility and the 2
customer-generator. 3
Sec. 17. NRS 704.7865 is hereby amended to read as follows: 4
704.7865 1. An electric utility shall offer an expanded solar 5
access program to low-income eligible customers within its service 6
area in accordance with the provisions of this section. The size of 7
the expanded solar access program shall not exceed: 8
(a) For an electric utility that primarily serves densely populated 9
counties, a total capacity of 240,000 megawatt-hours; and 10
(b) For an electric utility that primarily serves less densely 11
populated counties, a total capacity of 160,000 megawatt-hours. 12
2. The Commission shall adopt regulations establishing 13
standards for the expanded solar access program. The regulations 14
must: 15
(a) Advance the development of solar energy resources in this 16
State, including, without limitation, utility scale and community-17
based solar resources; 18
(b) Provide for the expanded solar access program to include a 19
reasonable mixture of community-based solar resources and utility 20
scale solar resources; 21
(c) For community-based solar resources: 22
(1) Require a process for open bidding or requests for 23
proposals for the selection of sites for community-based solar 24
resources; 25
(2) Prioritize the selection of sites for community-based 26
solar resources that provide resiliency for the electric grid and 27
benefits for the community; and 28
(3) Require construction of additional community-based 29
solar resources in proportion to increased participation in the 30
expanded solar access program; 31
[Provide a plan for community participation in the siting and 32
naming of community-based solar resources;] 33
(d) Provide for solar workforce innovations and opportunity 34
programs related to the construction, maintenance and operation of 35
solar resources, including opportunities for workforce training, 36
apprenticeships or other job opportunities at community-based solar 37
resources; 38
(e) Provide for equitably broadened access to solar energy; 39
(f) Provide for the creation of an expanded solar access 40
program rate for participating low-income eligible customers that: 41
(1) Is based, among other factors, on a new utility scale solar 42
resource accepted by the Commission in an order issued pursuant to 43
NRS 704.751, as approved by the Commission; 44
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- *AB458_R1*
(2) Is a fixed rate that replaces the base tariff energy rate and 1
deferred accounting adjustment charged by the electric utility for 2
participating low-income eligible customers and which is adjusted 3
in accordance with the Commission’s quarterly calculations; 4
(3) [For low-income eligible customers, provides] Provides 5
for a lower rate, the cost of which must be allocated across all of the 6
rate classes of the utility; and 7
(4) [For eligible customers who are not low-income eligible 8
customers, provides stability and predictability and the opportunity 9
for a lower rate; and 10
(5)] Includes [for all participating customers] any other 11
applicable charges including, without limitation, the universal 12
energy charge, franchise fees, the renewable energy program rate 13
and base tariff general rates, except that the Commission [may] : 14
(I) May reduce one or more of these charges for 15
participating low-income eligible customers to ensure that such 16
customers receive a lower rate pursuant to subparagraph (3); and 17
(II) For a participating low-income eligible customer 18
who is supported with specific funding from the Nevada Clean 19
Energy Fund established pursuant to NRS 701B.985 relating to a 20
Solar for All program, shall require the participating low-income 21
eligible customer to achieve the energy savings required for such 22
funding; 23
(g) Establish a process for identifying noncontiguous 24
geographic locations for community-based solar resources which, to 25
the extent practicable, must be located in communities with higher 26
levels of low-income eligible customers; 27
(h) Provide for the use of at least one utility scale solar 28
resource and at least three but not more than ten community-based 29
solar resources within the service territory of the electric utility; 30
(i) Require not less than 50 percent of the employees engaged 31
or anticipated to be engaged in construction of community-based 32
solar resources to be residents of this State, which residency may be 33
demonstrated, without limitation, by a notarized statement of the 34
employee that he or she is a resident of this State; 35
(j) Provide for a mechanism for the host sites of community-36
based solar resources to receive compensation from the utility for 37
the use of such site; 38
(k) Provide for the use of a combination of new and other 39
renewable energy facilities, which may be either utility scale or 40
community-based solar resources, that were submitted to the 41
Commission for approval after May 1, 2018, and that were not 42
placed into operation before April 1, 2020; 43
(l) Provide for an application and selection process for low-44
income eligible customers to participate in the program; 45
– 21 –
- *AB458_R1*
(m) Ensure reasonable and equitable participation by low-1
income eligible customers within the service area of the electric 2
utility; 3
(n) Ensure that low-income eligible customers are able to 4
participate in the program regardless of whether the customer owns, 5
rents or leases the customer’s premises; 6
(o) [Require that: 7
(1) Twenty-five percent of the capacity of the program, as 8
provided in subsection 1, be reserved for low-income eligible 9
customers; 10
(2) Twenty-five percent of the capacity of the program, as 11
provided in subsection 1, be reserved for disadvantaged businesses 12
and nonprofit organizations; and 13
(3) Fifty percent of the capacity of the program, as provided 14
in subsection 1, be reserved for eligible customers who are fully 15
bundled residential customers who own, rent or lease their residence 16
and who certify in a statement which satisfies the requirements 17
established by the Commission pursuant to paragraph (p) that they 18
cannot install solar resources on their premises; and 19
(p)] Establish the requirements for a fully bundled residential 20
customer to certify that he or she cannot install solar resources on 21
his or her premises; and 22
[ (q)] (p) Establish standards for the form, content and manner of 23
submission of an electric utility’s plan for implementing the 24
expanded solar access program. 25
3. An electric utility shall file a plan for implementing the 26
expanded solar access program in accordance with the regulations 27
adopted by the Commission pursuant to subsection 2. 28
4. The Commission shall review the plan for the 29
implementation of the expanded solar access program submitted 30
pursuant to subsection 3 and issue an order approving, with or 31
without modifications, or denying the plan within 210 days. The 32
Commission may approve the plan if it finds that the proposed 33
expanded solar access program complies with the regulations 34
adopted by the Commission pursuant to subsection 2. 35
5. In administering the provisions of this section, the electric 36
utility and the Commission shall establish as the preferred sites for 37
utility scale development of solar energy resources pursuant to this 38
section brownfield sites and land designated by the Secretary of the 39
Interior as Solar Energy Zones and held by the Bureau of Land 40
Management. 41
6. As used in this section: 42
(a) “Brownfield site” has the meaning ascribed to it in 42 U.S.C. 43
§ 9601. 44
– 22 –
- *AB458_R1*
(b) “Community-based solar resource” means a solar resource 1
which has a nameplate capacity of not more than [1 megawatt] 5 2
megawatts and is owned and operated by the electric utility and 3
connected to and used as a component of the distribution system of 4
the electric utility [.] , and may include resources for the storage of 5
energy. 6
(c) [“Disadvantaged business” means a business for which: 7
(1) Fifty-one percent or more of the owners are women, 8
veterans, members of a racial or ethnic minority group or otherwise 9
part of a traditionally underrepresented group; and 10
(2) None of the owners has a net worth of more than 11
$250,000, not including the equity held in the business or in a 12
primary residence. 13
(d)] “Electric utility” has the meaning ascribed to it in 14
NRS 704.187. 15
[(e)] (d) “Electric utility that primarily serves densely populated 16
counties” has the meaning ascribed to it in NRS 704.110. 17
[(f)] (e) “Electric utility that primarily serves less densely 18
populated counties” has the meaning ascribed to it in NRS 704.110. 19
[(g) “Eligible customer” means: 20
(1) A fully bundled general service customer; or 21
(2) A fully bundled residential customer of a utility. 22
(h)] (f) “Fully bundled residential customer” means a customer 23
of an electric utility who receives energy, transmission, distribution 24
and ancillary services from an electric utility [. 25
(i) “Fully bundled general service customer” means a fully 26
bundled customer who is a nonresidential customer with a kilowatt-27
hour consumption that does not exceed 10,000 kilowatt-hours per 28
month. 29
(j) “Fully bundled residential customer” means a fully bundled 30
customer who] and is a single-family or a multifamily residential 31
customer. 32
[(k)] (g) “Low-income eligible customer” means a natural 33
person or household who is a fully bundled residential customer of a 34
utility and has an income of not more than 80 percent of the area 35
median income based on the guidelines published by the United 36
States Department of Housing and Urban Development. 37
[(l)] (h) “Solar Energy Zone” means an area identified and 38
designated by the Bureau of Land Management as an area well-39
suited for utility-scale production of solar energy, and where the 40
Bureau of Land Management will prioritize solar energy and 41
associated transmission infrastructure development. 42
[(m)] (i) “Solar resource” means a facility or energy system that 43
uses a solar photovoltaic device to generate electricity. 44
– 23 –
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[(n)] (j) “Solar workforce innovations and opportunity program” 1
means a workforce education, training and job placement program 2
developed by the Department of Employment, Training and 3
Rehabilitation and its appropriate regional industry or sector 4
partnership, if applicable, in conjunction with potential employers 5
and community stakeholders. 6
[(o)] (k) “Utility scale solar resource” means a solar resource 7
which has a nameplate capacity of at least 50 megawatts and is 8
interconnected directly to a substation of the electric utility through 9
a generation step-up transformer. 10
Sec. 18. NRS 704.940 is hereby amended to read as follows: 11
704.940 1. In a manufactured home park, mobile home park 12
or company town where the landlord or owner is billed by a gas or 13
electric utility or an alternative seller and in turn charges the tenants 14
or occupants of the dwellings for the service provided by the utility 15
or alternative seller, and the park or town: 16
(a) Is equipped with individual meters for each lot, the landlord 17
or owner shall not charge a tenant or occupant for that service at a 18
rate higher than the rate paid by the landlord or owner. 19
(b) Is not equipped with individual meters for each lot, the 20
landlord or owner shall prorate the cost of the service equally among 21
the tenants of the park or occupants of the dwellings who use the 22
service, but the prorated charges must not exceed in the aggregate 23
the cost of the service to the landlord or owner. 24
2. In a manufactured home park, mobile home park or 25
company town that: 26
(a) Is equipped with individual water meters for each lot, the 27
individual meters must be read and billed by the purveyor of the 28
water. 29
(b) Is not equipped with individual water meters for each lot and 30
the landlord or owner is billed by the purveyor of the water and in 31
turn charges the tenants or occupants of the dwellings for the service 32
provided by the purveyor, the landlord or owner shall prorate the 33
cost of the service equally among the tenants of the park or 34
occupants of the dwellings who use the service, but the prorated 35
charges must not exceed in the aggregate the cost of the service to 36
the landlord or owner. 37
The landlord or owner of a manufactured home park or mobile 38
home park that converts from a master-metered water system to 39
individual water meters for each mobile home lot shall not charge or 40
receive any fee, surcharge or rent increase to recover from the 41
landlord’s or owner’s tenants the costs of the conversion. The owner 42
of a company town that is not equipped with individual water meters 43
shall not convert from the master-metered water system to 44
individual water meters. 45
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- *AB458_R1*
3. To the extent that the cost of providing a utility service to 1
the common area of a manufactured home park, mobile home park 2
or company town can be identified, the landlord or owner may not 3
recover the cost of the utility service provided to the common area 4
by directly charging a tenant or the occupant of a dwelling for those 5
services. 6
4. The landlord of a manufactured home park or mobile home 7
park or owner of a company town may assess and collect a charge to 8
reimburse the landlord or owner for the actual cost of the service 9
charge the landlord or owner is required to pay to a water utility 10
serving the park or town. If the landlord or owner collects such a 11
charge, the landlord or owner shall prorate the actual cost of the 12
service charge to the tenants or occupants of dwellings who use 13
the service. The landlord or owner shall not collect more than the 14
aggregate cost of the service to the landlord or owner. 15
5. The landlord may assess and collect a service charge from 16
the tenants of the park for the provision of gas and electric utility 17
services, but the amount of the charge must not be more than the 18
tenants would be required to pay the utility or alternative seller 19
providing the service. The landlord shall: 20
(a) Keep the money from the service charges in a separate 21
account and expend it only for federal income taxes which must be 22
paid as a result of the collection of the service charge, for preventive 23
maintenance or for repairing or replacing utility lines or equipment 24
when ordered or granted permission to do so by the Commission; 25
and 26
(b) Retain for at least 3 years a complete record of all deposits 27
and withdrawals of money from the account and file the record with 28
the Commission on or before March 30 of each year. 29
6. Money collected by the landlord or owner for service 30
provided by a utility or an alternative seller to the tenants of a 31
manufactured home park or mobile home park or occupants of the 32
dwellings may not be used to maintain, repair or replace utility lines 33
or equipment serving the common area of the manufactured home 34
park, mobile home park or company town. 35
7. The owner of a company town who provides a utility service 36
directly to the occupants of the town may charge the occupants their 37
pro rata share of the owner’s cost of providing that service. Where 38
meters are available, the pro rata share must be based on meter 39
readings. Where meters are not available, the owner shall determine 40
a fair allocation which must be explained in detail to the 41
Commission in the reports required by NRS 704.960. The 42
Commission may modify the allocation in accordance with its 43
regulations if it determines the owner’s method not to be fair. The 44
Commission shall adopt regulations governing the determination of 45
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the costs which an owner of a company town may recover for 1
providing a utility service directly to the occupants of that town and 2
the terms and conditions governing the provision of that service. 3
8. The landlord or owner shall itemize all charges for utility 4
services on all bills for rent or occupancy. The landlord or owner 5
may pass through to the tenant or occupant any increase in a rate for 6
a utility service and shall pass through any decrease in a charge for a 7
utility service as it becomes effective. 8
9. The landlord or owner shall retain for at least 3 years a copy 9
of all billings for utility services made to the tenants or the 10
occupants of the landlord’s or owner’s dwellings and shall make 11
these records available upon request to the Commission for 12
verification of charges made for utility services. 13
10. A landlord whose interest in a manufactured home park or 14
mobile home park terminates for any reason shall transfer to the 15
landlord’s successor in interest any balance remaining in the account 16
for service charges for utilities. Evidence of the transfer must be 17
filed with the Commission. 18
11. The Commission may at any time examine all books and 19
records which relate to the landlord’s or owner’s purchase of or 20
billing for a service provided by a utility or an alternative seller if 21
the landlord or owner is charging the tenants of the manufactured 22
home park or mobile home park or occupants of the dwellings for 23
that service. 24
12. The provisions of this section do not apply to a landlord 25
or owner who is the owner or operator of a solar-powered 26
affordable housing system, as defined in section 8 of this act, 27
except that: 28
(a) If the owner of a solar-powered affordable housing system 29
is the landlord of a qualified multifamily affordable housing 30
property, as defined in section 7 of this act, in which the tenant 31
units are equipped with individual meters, the owner of the solar-32
powered affordable housing system must follow any applicable 33
federal laws or regulations to ensure that the owner of the solar-34
powered affordable housing system does not charge a tenant or 35
occupant for utility service at a rate that is higher than the rate 36
paid by the owner of the solar-powered affordable housing system. 37
(b) A landlord who is the owner or operator of a solar-powered 38
affordable housing system shall ensure that the financial benefits 39
of the electricity produced by the solar-powered affordable 40
housing system are allocated among the tenant units in a manner 41
that is equitable as required by NRS 704.773 and section 9 of this 42
act. 43
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Sec. 19. Chapter 598 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 20 and 21 of this act. 2
Sec. 20. “Customer-generator” has the meaning ascribed to 3
it in NRS 704.768. 4
Sec. 21. “Solar-powered affordable housing system” has the 5
meaning ascribed to it in section 8 of this act. 6
Sec. 22. NRS 598.9801 is hereby amended to read as follows: 7
598.9801 As used in NRS 598.9801 to 598.9822, inclusive, 8
and sections 20 and 21 of this act, unless the context otherwise 9
requires, the words and terms defined in NRS 598.9802 to 10
598.9808, inclusive, and sections 20 and 21 of this act have the 11
meanings ascribed to them in those sections. 12
Sec. 23. NRS 598.9804 is hereby amended to read as follows: 13
598.9804 “Distributed generation system” means a system or 14
facility for the residential generation of electricity that uses solar 15
energy to generate electricity. The term includes a solar-powered 16
affordable housing system. 17
Sec. 24. NRS 598.9805 is hereby amended to read as follows: 18
598.9805 “Host customer” means : [either:] 19
1. The customer of record of an electric utility at the location 20
where an energy system that uses photovoltaic cells and solar 21
energy to generate electricity will be located; [or] 22
2. A person who has been designated by the customer of record 23
of an electric utility in a letter to the utility explaining the 24
relationship between that person and the customer of record [.] ; or 25
3. A customer-generator of a solar-powered affordable 26
housing system. 27
Sec. 25. NRS 598.9822 is hereby amended to read as follows: 28
598.9822 1. A host customer may file a complaint 29
concerning a solar installation company with the Public Utilities 30
Commission of Nevada. Upon receipt of a complaint, the 31
Commission may direct the host customer to the appropriate agency 32
or person to resolve the complaint. 33
2. The failure of a person to comply with NRS 598.9801 to 34
598.9822, inclusive, and sections 20 and 21 of this act constitutes a 35
deceptive trade practice for the purposes of NRS 598.0903 to 36
598.0999, inclusive. 37
3. If a solar installation company executes with a purchaser or 38
lessee an agreement for the purchase or lease of a distributed 39
generation system or with a host customer a power purchase 40
agreement and knowingly fails to comply with any requirement of 41
NRS 598.9801 to 598.9822, inclusive, and sections 20 and 21 of 42
this act, including, without limitation, by failing to include any 43
disclosure or information required by NRS 598.9801 to 598.9822, 44
inclusive, and sections 20 and 21 of this act or knowingly failing to 45
– 27 –
- *AB458_R1*
maintain a recording of a verbal communication as required by NRS 1
598.98213, the agreement is voidable by the purchaser, lessee or 2
host customer. The actions of persons who solely conduct 3
administrative duties or provide administrative services directly to 4
and for the benefit of the solar installation company are not imputed 5
to the solar installation company for the purposes of this subsection. 6
4. A violation of any provision of NRS 598.9801 to 598.9822, 7
inclusive, and sections 20 and 21 of this act constitutes consumer 8
fraud for the purposes of NRS 41.600. 9
5. Any document described in NRS 598.9809 to 598.9821, 10
inclusive, must be provided in: 11
(a) English; or 12
(b) Any other language, if any person so requests before the 13
execution of the relevant document. 14
6. If a solar installation company advertises its services or 15
negotiates orally or in writing any of the requirements of NRS 16
598.9801 to 598.9822, inclusive, and sections 20 and 21 of this act 17
in a language other than English or permits an employee or agent of 18
the solar installation company to so advertise or negotiate, the solar 19
installation company must deliver a translation of any contract, 20
agreement or notice described in NRS 598.9801 to 598.9822, 21
inclusive, and sections 20 and 21 of this act resulting from such 22
advertising or negotiations in the language in which such advertising 23
was made or such negotiations occurred to a person who is a party 24
to such a contract or agreement, or who may sign the contract or 25
agreement, or who is entitled to receive such notice. The translation 26
of the contract, agreement or notice must be provided before the 27
execution of the contract or agreement and include, without 28
limitation, every term and condition in the contract, agreement or 29
notice. 30
Sec. 26. Chapter 624 of NRS is hereby amended by adding 31
thereto a new section to read as follows: 32
“Qualified multifamily affordable housing property” has the 33
meaning ascribed to it in section 7 of this act. 34
Sec. 27. NRS 624.270 is hereby amended to read as follows: 35
624.270 1. Before issuing a contractor’s license to any 36
applicant, the Board shall require that the applicant: 37
(a) File with the Board a surety bond in a form acceptable to the 38
Board executed by the contractor as principal with a corporation 39
authorized to transact surety business in the State of Nevada as 40
surety; or 41
(b) In lieu of such a bond, establish with the Board a cash 42
deposit as provided in this section. 43
2. Before granting renewal of a contractor’s license to any 44
applicant, the Board shall require that the applicant file with the 45
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- *AB458_R1*
Board satisfactory evidence that the applicant’s surety bond or cash 1
deposit is in full force, unless the applicant has been relieved of the 2
requirement as provided in this section. 3
3. Failure of an applicant or licensee to file or maintain in full 4
force the required bond or to establish the required cash deposit 5
constitutes cause for the Board to deny, revoke, suspend or refuse to 6
renew a license. 7
4. Except as otherwise provided in subsection 6, the amount of 8
each bond or cash deposit required by this section must be fixed by 9
the Board with reference to the contractor’s financial and 10
professional responsibility and the magnitude of the contractor’s 11
operations, but must be not less than $1,000 or more than $500,000. 12
The bond must be continuous in form and must be conditioned that 13
the total aggregate liability of the surety for all claims is limited to 14
the face amount of the bond irrespective of the number of years the 15
bond is in force. A bond required by this section must be provided 16
by a person whose long-term debt obligations are rated “A” or better 17
by a nationally recognized rating agency. The Board may increase 18
or reduce the amount of any bond or cash deposit if evidence 19
supporting such a change in the amount is presented to the Board at 20
the time application is made for renewal of a license or at any 21
hearing conducted pursuant to NRS 624.2545 or 624.291. Unless 22
released earlier pursuant to subsection 5, any cash deposit may be 23
withdrawn 2 years after termination of the license in connection 24
with which it was established, or 2 years after completion of all 25
work authorized by the Board after termination of the license, 26
whichever occurs later, if there is no outstanding claim against it. 27
5. After a licensee has acted in the capacity of a licensed 28
contractor in the State of Nevada for not less than 5 consecutive 29
years, the Board may relieve the licensee of the requirement of 30
filing a bond or establishing a cash deposit if evidence supporting 31
such relief is presented to the Board. The Board may at any time 32
thereafter require the licensee to file a new bond or establish a new 33
cash deposit as provided in subsection 4: 34
(a) If evidence is presented to the Board supporting this 35
requirement; 36
(b) Pursuant to subsection 6, after notification of a final written 37
decision by the Labor Commissioner; or 38
(c) Pursuant to subsection 7. 39
If a licensee is relieved of the requirement of establishing a cash 40
deposit, the deposit may be withdrawn 2 years after such relief is 41
granted, if there is no outstanding claim against it. 42
6. If the Board is notified by the Labor Commissioner pursuant 43
to NRS 607.165 or otherwise receives notification that three 44
substantiated claims for wages have been filed against a contractor 45
– 29 –
- *AB458_R1*
within a 2-year period, the Board shall require the contractor to file 1
a bond or establish a cash deposit in an amount fixed by the Board. 2
The contractor shall maintain the bond or cash deposit for the period 3
required by the Board. 4
7. If a contractor who performs work concerning a residential 5
pool or spa or work concerning a residential photovoltaic system 6
used to produce electricity: 7
(a) Is determined by the Board to have violated one or more of 8
the provisions of NRS 624.301 to 624.305, inclusive; 9
(b) Enters into a contract that is later found to be void and 10
unenforceable against the owner pursuant to subsection 5 of NRS 11
624.940 or pursuant to any regulation adopted by the Board with 12
respect to contracts for work concerning a residential pool or spa; 13
(c) Enters into a contract on or after October 1, 2021, that is later 14
voided by the owner of the single-family residence pursuant to 15
subsection 6 of NRS 624.875 or pursuant to any regulation adopted 16
by the Board with respect to contracts for work concerning a 17
residential photovoltaic system used to produce electricity; [or] 18
(d) Enters into a contract on or after October 1, 2025, that is 19
later voided by the owner of the qualified multifamily affordable 20
housing property pursuant to subsection 6 of NRS 624.875 or 21
pursuant to any regulation adopted by the Board with respect to 22
contracts for work concerning a residential photovoltaic system 23
used to produce electricity; or 24
(e) Has five valid complaints filed against him or her with the 25
Board within any 15-day period, 26
the Board may require the contractor to comply with the 27
provisions of subsection 8. 28
8. If the Board requires a contractor described in subsection 7 29
to comply with the provisions of this subsection, the contractor 30
shall, before commencing work concerning a residential pool or spa 31
or work concerning a residential photovoltaic system used to 32
produce electricity, obtain: 33
(a) Except as otherwise provided in this subsection, a 34
performance bond in an amount equal to not less than 50 percent of 35
the amount of the contract, conditioned upon the faithful 36
performance of the contract in accordance with the plans, 37
specifications and conditions set forth in the contract. The 38
performance bond must be solely for the protection of the owner of 39
the property to be improved. 40
(b) Except as otherwise provided in this subsection, a payment 41
bond in an amount equal to not less than 50 percent of the amount of 42
the contract. The payment bond must be solely for the protection 43
of persons supplying labor or materials to the contractor, or to any 44
– 30 –
- *AB458_R1*
of his or her subcontractors, in carrying out the provisions of the 1
contract. 2
A bond required pursuant to this subsection must be provided by 3
a person whose long-term debt obligations are rated “A” or better by 4
a nationally recognized rating agency. The contractor shall maintain 5
the bond for the period required by the Board. The contractor shall 6
furnish to the building department of the city or county, as 7
applicable, in which the work will be carried out, a copy of any 8
bond. In lieu of a performance or payment bond, the contractor may 9
obtain an equivalent form of security approved by the Board. 10
9. As used in this section [, “substantiated] : 11
(a) “Qualified multifamily affordable housing property” has 12
the meaning ascribed to it in section 7 of this act. 13
(b) “Substantiated claim for wages” has the meaning ascribed 14
to it in NRS 607.165. 15
Sec. 28. NRS 624.600 is hereby amended to read as follows: 16
624.600 1. A general building contractor shall provide in 17
writing to the owner of a single-family residence or, in the case of a 18
contract for work concerning a residential photovoltaic system 19
used to produce electricity on a qualified multifamily affordable 20
housing property, the owner of the qualified multifamily 21
affordable housing property with whom he or she has contracted: 22
[1.] (a) The name, license number, business address and 23
telephone number of: 24
[(a)] (1) All subcontractors with whom he or she has contracted 25
on the project; and 26
[(b)] (2) All persons who furnish material of the value of $500 27
or more to be used in the project. 28
[2.] (b) A notice that a person described in [subsection 1] 29
paragraph (a) may record a notice of lien upon the residence of the 30
owner and any building, structure and improvement thereon 31
pursuant to the provisions of NRS 108.226. 32
[3.] (c) An informational form, whose contents must be 33
prescribed by the Board, regarding: 34
[(a)] (1) Contractors pursuant to this chapter; and 35
[(b)] (2) Mechanics’ and materialmen’s liens pursuant to 36
chapter 108 of NRS. 37
2. As used in this section, “qualified multifamily affordable 38
housing property” has the meaning ascribed to it in section 7 of 39
this act. 40
Sec. 29. NRS 624.830 is hereby amended to read as follows: 41
624.830 As used in NRS 624.830 to 624.895, inclusive, and 42
section 26 of this act, unless the context otherwise requires, the 43
words and terms defined in NRS 624.835 to 624.855, inclusive, and 44
– 31 –
- *AB458_R1*
section 26 of this act have the meanings ascribed to them in those 1
sections. 2
Sec. 30. NRS 624.855 is hereby amended to read as follows: 3
624.855 1. “Work concerning a residential photovoltaic 4
system used to produce electricity” or “work” means any of the 5
following acts: 6
(a) The construction, repair, maintenance, restoration, alteration 7
or improvement of any photovoltaic system used to produce or store 8
electricity on the customer’s side of an electric meter on a single-9
family residence [,] or qualified multifamily affordable housing 10
property, including, without limitation, the repair or replacement of 11
existing equipment or the installation of new equipment, as 12
necessary; or 13
(b) Any activity for the supervision concerning such work. 14
2. The scope of such work includes the installation, alteration 15
and repair of photovoltaic cells, batteries, inverters and storage 16
systems used in the conversion of solar energy into electricity and 17
the storage of that electricity on the customer’s side of an electric 18
meter on a single-family residence [.] or qualified multifamily 19
affordable housing property. 20
3. The term does not include: 21
(a) Education regarding solar photovoltaics; 22
(b) Energy audits; or 23
(c) The advertising or solicitation of such work. 24
Sec. 31. NRS 624.865 is hereby amended to read as follows: 25
624.865 1. Any contractor who performs work concerning a 26
residential photovoltaic system used to produce electricity shall, 27
regardless of whether the work is performed under the direction of a 28
builder who is also the owner of the single-family residence or 29
qualified multifamily affordable housing property, as applicable, 30
on which the work is being performed: 31
(a) Apply for and obtain all applicable permits for the work; 32
(b) Meet all applicable requirements imposed pursuant to this 33
chapter and any regulations adopted by the Board with respect to 34
contracts for work concerning a residential photovoltaic system used 35
to produce electricity; and 36
(c) Meet all applicable requirements imposed by the Public 37
Utilities Commission of Nevada or any system for the distribution 38
of electricity to which the work will interconnect. 39
2. If a contractor performs work concerning a residential 40
photovoltaic system used to produce electricity and the work is 41
performed under the direction of a builder who is also the owner of 42
the single-family residence or qualified multifamily affordable 43
housing property, as applicable, on which the work is being 44
performed, the owner shall comply with all state and local laws and 45
– 32 –
- *AB458_R1*
ordinances for the submission of names, licenses and information 1
concerning any required bonds and insurance with respect to the 2
contractors working on the work. 3
3. If work concerning a residential photovoltaic system used to 4
produce electricity is performed under the direction of a builder who 5
is exempt from having to obtain a license as a contractor because the 6
builder is also the owner of the single-family residence on which the 7
work is being performed, a person shall not, directly or indirectly, 8
perform or offer to perform any act as a consultant, adviser, assistant 9
or aide to the builder for the purposes of the project, including, 10
without limitation, any act associated with obtaining permits for the 11
project, or otherwise hold himself or herself out as being able to 12
perform such acts, unless the person holds: 13
(a) A license issued pursuant to this chapter which authorizes 14
the person to perform such acts; or 15
(b) Any other license, certificate, registration or permit under 16
state law which authorizes the person to perform such acts. 17
Sec. 32. NRS 624.870 is hereby amended to read as follows: 18
624.870 1. A contractor who receives an initial down 19
payment or deposit of $1,000 or 10 percent of the aggregate contract 20
price, whichever is less, for work concerning a residential 21
photovoltaic system used to produce electricity shall start the work 22
within 30 days after the date all necessary permits for the work and 23
all necessary approvals from an electric utility into whose system 24
the residential photovoltaic system used to produce electricity will 25
interconnect, if any, are issued, unless the person who made the 26
payment agrees in writing to a longer period. 27
2. A contractor who receives money for work concerning a 28
residential photovoltaic system used to produce electricity shall 29
complete the work diligently and shall not refuse to perform any 30
work agreed to in the contract for any 30-day period. 31
3. Except as otherwise provided in subsection 4, if satisfactory 32
payment is made for any portion of the work performed, the 33
contractor shall, before any further payment is made, furnish to the 34
owner of the single-family residence or qualified multifamily 35
affordable housing property, as applicable, on which the work was 36
performed a full and unconditional release of the contractor’s claim 37
for a mechanic’s lien for that portion of the work for which payment 38
has been made. 39
4. The requirements of subsection 3 do not apply if the contract 40
for the work provides for the contractor to furnish a bond for 41
payment and performance or joint control covering full performance 42
and completion of the contract and the bond or joint control is 43
furnished by the contractor. 44
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- *AB458_R1*
5. A contract for work concerning a residential photovoltaic 1
system used to produce electricity must contain a written statement 2
explaining the rights of the customer under NRS 624.830 to 3
624.895, inclusive, and section 26 of this act and other relevant 4
statutes, including, without limitation, NRS 598.9801 to 598.9822, 5
inclusive [.] , and sections 20 and 21 of this act. 6
6. A contractor may require final payment for the final stage or 7
phase of the construction of a residential photovoltaic system used 8
to produce electricity after the system is deemed complete and any 9
required inspections are completed. 10
Sec. 33. NRS 624.875 is hereby amended to read as follows: 11
624.875 1. The Board may adopt by regulation mandatory 12
elements to be included in all contracts to be used by contractors for 13
work concerning a residential photovoltaic system used to produce 14
electricity. Such mandatory elements must not be waived or limited 15
by contract or in any other manner. On and after October 1, 2021, 16
any contract entered into between a contractor and the owner of a 17
single-family residence for work concerning a residential 18
photovoltaic system used to produce electricity must comply with 19
the provisions of NRS 624.830 to 624.895, inclusive, and section 26 20
of this act and all applicable regulations adopted by the Board. On 21
and after October 1, 2025, any contract entered into between a 22
contractor and the owner of a qualified multifamily affordable 23
housing property for work concerning a residential photovoltaic 24
system used to produce electricity must comply with the provisions 25
of NRS 624.830 to 624.895, inclusive, and section 26 of this act 26
and all applicable regulations adopted by the Board. A contract 27
that does not comply with the provisions of NRS 624.830 to 28
624.895, inclusive, and section 26 of this act and all applicable 29
regulations adopted by the Board is voidable by the owner of the 30
single-family residence [.] or qualified multifamily affordable 31
housing property, as applicable. 32
2. Any contract for work concerning a residential photovoltaic 33
system used to produce electricity must contain in writing at least 34
the following information: 35
(a) The name of the contractor, his or her address and 36
contractor’s license number and the monetary limit on that license. 37
(b) The name and mailing address of the owner of the single-38
family residence or qualified multifamily affordable housing 39
property, as applicable, on which the work is being performed and 40
the address or legal description of the property. 41
(c) The date of execution of the contract. 42
(d) The estimated date of completion of all work to be 43
performed under the contract. 44
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- *AB458_R1*
(e) A description of the work to be performed under the 1
contract. 2
(f) The total amount to be paid to the contractor by the owner of 3
the single-family residence or qualified multifamily affordable 4
housing property, as applicable, for all work to be performed under 5
the contract, including all applicable taxes. 6
(g) The amount, not to exceed $1,000 or 10 percent of the 7
aggregate contract price, whichever is less, of any initial down 8
payment or deposit paid or promised to be paid to the contractor by 9
the owner before the start of construction. 10
(h) A statement that the contractor has provided the owner of the 11
single-family residence or qualified multifamily affordable 12
housing property, as applicable, with the notice and informational 13
form required by NRS 624.600. 14
(i) A statement that any change in the scope or price of the work 15
to be performed under the contract must be agreed to in writing by 16
the parties and incorporated into the original contract as a change 17
order. A change order is not enforceable against the owner of the 18
single-family residence or qualified multifamily affordable 19
housing property, as applicable, who is contracting for work 20
concerning a residential photovoltaic system used to produce 21
electricity unless the change order sets forth all changes in the scope 22
and price of the work and is accepted by the owner of the single-23
family residence [.] or qualified multifamily affordable housing 24
property, as applicable. 25
(j) For a project of new work concerning a residential 26
photovoltaic system used to produce electricity, a plan and scale 27
drawing showing the shape, size and dimensions of and the 28
specifications for the construction and equipment for the work 29
specified in the contract, and a description of the work to be done, 30
the materials to be used and the equipment to be installed, and the 31
agreed consideration for the work. For projects which consist 32
exclusively of repairs to existing work concerning a residential 33
photovoltaic system used to produce electricity, plans, scale 34
drawings, equipment specifications and lists of materials and 35
equipment are not required to be contained in or included with the 36
contract. 37
(k) Except as otherwise provided in this subsection and 38
subsection 3, the dollar amount of any progress payment and the 39
stage of construction at which the contractor will be entitled to 40
collect progress payments from the owner of the single-family 41
residence or qualified multifamily affordable housing property, as 42
applicable, during the course of construction under a contract for the 43
installation of a residential photovoltaic system used to produce 44
electricity. The schedule of payments must show the amount of each 45
– 35 –
- *AB458_R1*
payment as a sum in dollars and cents. The schedule of payments 1
must not provide for the contractor to receive, nor may the 2
contractor actually receive, payments in excess of 100 percent of the 3
value of the work performed on the project at any time, excluding 4
finance charges, except for an initial down payment or deposit. 5
(l) With respect to a contract with the owner of a single-family 6
residence executed before October 1, 2021, if any schedule of 7
payments set forth in the contract does not comply with the 8
provisions of this chapter or any regulations adopted pursuant 9
thereto: 10
(1) The obligation of the owner of the single-family 11
residence to make payments in accordance with the payment 12
schedule is voidable; and 13
(2) The lender, if any, may not initiate proceedings to 14
enforce the payment of any applicable loan unless and until the 15
contract is reformed or otherwise amended to comply with those 16
provisions of law. 17
[(l)] (m) With respect to a contract with the owner of a 18
qualified multifamily affordable housing property executed before 19
October 1, 2025, if any schedule of payments set forth in the 20
contract does not comply with the provisions of this chapter or any 21
regulations adopted pursuant thereto: 22
(1) The obligation of the owner of the qualified multifamily 23
affordable housing property to make payments in accordance with 24
the payment schedule is voidable; and 25
(2) The lender, if any, may not initiate proceedings to 26
enforce the payment of any applicable loan unless and until the 27
contract is reformed or otherwise amended to comply with those 28
provisions of law. 29
(n) If a contract with the owner of a single-family residence or 30
qualified multifamily affordable housing property for the 31
installation of a residential photovoltaic system used to produce 32
electricity provides for payment of a commission to a salesperson 33
out of the contract price, a statement that the payment must be made 34
on a pro rata basis in proportion to the schedule of payments made 35
to the contractor by the disbursing party in accordance with the 36
provisions of paragraph (k). 37
[(m)] (o) A disclosure of the retail price of a kilowatt-hour, any 38
offsetting tariff and the identity of the electric utility that furnishes 39
electric service to the single-family residence or qualified 40
multifamily affordable housing property, as applicable, at the time 41
the contract is executed. 42
Except as otherwise provided in subsection 6, the contract may 43
contain such other conditions, stipulations or provisions as to which 44
the parties may agree. 45
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- *AB458_R1*
3. The provisions of [paragraph] paragraphs (k) , (l) and (m) 1
of subsection 2 do not apply if: 2
(a) The contractor has furnished a bond for payment and 3
performance covering full performance and completion of the 4
contract and the cost of the bond is included in the price of the 5
project; 6
(b) The contractor builds a residential photovoltaic system used 7
to produce electricity as part of the original building plan pursuant 8
to which the contractor builds a single-family residence or qualified 9
multifamily affordable housing property on the premises; or 10
(c) The owner of the single-family residence or qualified 11
multifamily affordable housing property, as applicable, has: 12
(1) Purchased the residential photovoltaic system used to 13
produce electricity pursuant to a power purchase agreement as 14
defined in NRS 598.9807; or 15
(2) Leased the residential photovoltaic system used to 16
produce electricity pursuant to a monthly lease contract. 17
4. The contract must contain: 18
(a) A method whereby the owner of the single-family residence 19
or qualified multifamily affordable housing property, as 20
applicable, may initial provisions of the contract, thereby indicating 21
that those provisions have been read and are understood. 22
(b) In close proximity to the signatures of the owner of the 23
single-family residence or qualified multifamily affordable 24
housing property, as applicable, and the contractor, a notice stating 25
that the owner of the single-family residence [:] or qualified 26
multifamily affordable housing property, as applicable: 27
(1) May contact the Board or the Public Utilities 28
Commission of Nevada if assistance is needed to clarify any of the 29
provisions of the contract that the owner of the single-family 30
residence or qualified multifamily affordable housing property, as 31
applicable, does not fully understand; 32
(2) Has the right to request a bond for payment and 33
performance if such a bond is not otherwise required pursuant to 34
NRS 624.270; 35
(3) May contact an attorney for an explanation of the rights 36
of the owner of the single-family residence or qualified multifamily 37
affordable housing property, as applicable, under the contract; and 38
(4) May, if the contract was explained in a language other 39
than the language in which the contract is written, ask for a contract 40
that is written in the language in which the contract was explained. 41
5. At the time the owner of the single-family residence or 42
qualified multifamily affordable housing property, as applicable, 43
signs the contract, the contractor shall furnish to the owner of the 44
single-family residence or qualified multifamily affordable 45
– 37 –
- *AB458_R1*
housing property, as applicable, a legible copy of all documents 1
signed and a written and signed receipt for any money paid to the 2
contractor by the owner of the single-family residence [.] or 3
qualified multifamily affordable housing property, as applicable. 4
All written information provided in the contract must be printed in 5
at least 10-point type. The contract, receipt and other documents 6
referenced in this subsection may be delivered by electronic means. 7
6. A condition, stipulation or provision in a contract that 8
requires a person to waive any right provided by this chapter or any 9
regulations adopted pursuant thereto or relieves a person of an 10
obligation or liability imposed by this chapter or those regulations is 11
void. Failure to comply with the requirements of this section renders 12
a contract voidable by the owner of the single-family residence [.] 13
or qualified multifamily affordable housing property, as 14
applicable. 15
7. The contractor shall apply for and obtain all necessary 16
permits and approvals from an electric utility into whose system the 17
residential photovoltaic system used to produce electricity will 18
interconnect. 19
Sec. 34. NRS 624.885 is hereby amended to read as follows: 20
624.885 1. A contract for work concerning a residential 21
photovoltaic system used to produce electricity is not enforceable 22
against the owner of a single-family residence or qualified 23
multifamily affordable housing property, as applicable, on which 24
the work is being performed if the obtaining of a loan for all or a 25
portion of the contract price is a condition precedent to the contract 26
unless both of the following requirements are satisfied: 27
(a) The owner of the single-family residence or qualified 28
multifamily affordable housing property, as applicable, agrees to 29
accept the loan or financing. 30
(b) The owner of the single-family residence or qualified 31
multifamily affordable housing property, as applicable, does not 32
rescind the loan or financing transaction within the period 33
prescribed for rescission pursuant to the Truth in Lending Act, 15 34
U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable. 35
2. Unless and until all applicable requirements of subsection 1 36
are satisfied, a contractor shall not: 37
(a) Perform or deliver any work, labor, material or services; or 38
(b) Represent in any manner that the contract is enforceable or 39
that the owner of the single-family residence or qualified 40
multifamily affordable housing property, as applicable, has any 41
obligation under the contract. 42
Sec. 35. NRS 624.895 is hereby amended to read as follows: 43
624.895 1. A violation of any provision of NRS 624.830 to 44
624.895, inclusive, and section 26 of this act or any regulation 45
– 38 –
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adopted by the Board with respect to contracts for work concerning 1
a residential photovoltaic system used to produce electricity by a 2
contractor: 3
(a) Constitutes cause for disciplinary action pursuant to NRS 4
624.300; and 5
(b) May be reported to the Office of the Attorney General as a 6
potential deceptive trade practice pursuant to chapter 598 of NRS. 7
2. It is unlawful for a person to violate any provision of NRS 8
624.830 to 624.895, inclusive [.] , and section 26 of this act. 9
3. Any person who violates any provision of NRS 624.830 to 10
624.895, inclusive, and section 26 of this act shall be penalized 11
pursuant to the applicable provisions of NRS 624.700 and 624.750. 12
4. The imposition of a penalty provided for in this section is 13
not precluded by any disciplinary action taken by the Board against 14
a contractor pursuant to the provisions of NRS 624.300 to 624.305, 15
inclusive. 16
Sec. 36. 1. Not later than December 31, 2025, a utility shall 17
file with the Public Utilities Commission of Nevada any 18
amendments to its tariff or tariffs that are necessary to comply with 19
the provisions of this act. 20
2. As used in this section, “utility” has the meaning ascribed to 21
it in NRS 704.772. 22
Sec. 37. 1. This section becomes effective upon passage and 23
approval. 24
2. Sections 1 to 36, inclusive, of this act become effective: 25
(a) Upon passage and approval for the purpose of adopting any 26
regulations and performing any other preparatory administrative 27
tasks that are necessary to carry out the provisions of this act; and 28
(b) On October 1, 2025, for all other purposes. 29
3. Section 10 of this act expires by limitation on December 31, 30
2029. 31
H