REQUIRES TWO-THIRDS MAJORITY VOTE
(§ 11 & NRS 675.100, 675.140, 675.400)
S.B. 440
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SENATE BILL NO. 440–COMMITTEE ON COMMERCE AND LABOR
MARCH 24, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to electricity.
(BDR 55-950)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to electricity; requiring a distributed generation
system financier to obtain a license as an installment
lender; imposing various requirements upon a distributed
generation system financer who finances the purchase of
or leases a distributed generation system; revising certain
requirements for solar installation companies that sell and
install distributed generation systems; establishing and
revising certain requirements for the contents of an
agreement for the provision of a distributed generation
system loan, an agreement for the purchase or lease of a
distributed generation system and a power purchase
agreement; prohibiting a unit-owners’ association from
imposing certain requirements and restrictions concerning
distributed generation systems; requiring an electric utility
to post certain information on an Internet website
maintained by the electric utility; revising provisions
relating to net metering systems; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of installment lenders by 1
the Commissioner of Financial Institutions. (Chapter 675 of NRS) With certain 2
exceptions, existing law prohibits a person from engaging in the business of lending 3
without being licensed by the Commissioner as an installment lender. (NRS 4
675.060) Section 11 of this bill additionally prohibits a person from engaging in the 5
business of a distributed generation system financier without being licensed by the 6
Commissioner as an installment lender. Section 10 of this bill defines the term 7
“distributed generation system financier,” in general, to mean a person who: (1) 8
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provides a loan to finance the purchase of a distributed generation system, which 9
section 10 designates as a “distributed generation system loan”; or (2) leases a 10
distributed generation system. 11
Existing law imposes certain requirements on solar installation companies that 12
sell and install distributed generation systems in this State. Existing law prescribes 13
certain contractual requirements for an agreement for the purchase or lease of a 14
distributed generation system and a power purchase agreement. (NRS 598.9801-15
598.9822) Sections 2-22 of this bill impose various requirements on distributed 16
generation system financiers and contractual requirements for an agreement for the 17
provision of a distributed generation system loan, a lease for a distributed 18
generation system and a power purchase agreement. 19
Section 6 requires a distributed generation system financier to ensure that any 20
solar installation company that installs a distributed generation system that is leased 21
by or for which a distributed generation system loan has been issued by the 22
financier holds the proper contractor’s license and is acting within the monetary 23
limit of that license. If a distributed generation system financier fails to do so, the 24
loan or lease agreement is voidable by the borrower or lessee for a certain period. 25
Similarly, section 14 makes a power purchase agreement voidable by the host 26
customer for a certain period if the solar installation company that is a party to the 27
agreement does not hold the proper contractor’s license or is not acting within the 28
monetary limit of that license. 29
Section 7 prohibits a distributed generation system financier from making 30
certain payments to a solar installation company before the distributed generation 31
system has received permission from the appropriate public utility to connect to the 32
power grid or, if the system will not be connected to the power grid, has received a 33
final inspection. Section 7 additionally sets forth requirements for when a 34
distributed generation system financier is required to pay money owed to a solar 35
installation company. 36
Section 12 revises provisions of existing law relating to retail installment sales 37
so that such provisions continue to apply to distributed generation system financiers 38
who engage in certain activities. (NRS 97.125) 39
Under existing law, a lessee or purchaser of a distributed generation system and 40
a host customer who enters into a power purchase agreement have the right to 41
rescind the lease agreement, purchase agreement or power purchase agreement 42
within 3 business days after the agreement is signed or entered into. (NRS 43
598.98216) Sections 8, 9, 15-20 and 22 provide that a borrower, lessee, purchaser 44
or host customer may rescind an agreement for the provision of a distributed 45
generation system loan, lease or purchase agreement or power purchase agreement 46
within: (1) 3 business days after signing, if the person is under 60 years of age; or 47
(2) 5 business days after signing, if the person is 60 years of age or older. 48
Sections 8, 16 and 18 also provide that a borrower, lessee or purchaser is not 49
required to pay any money to a distributed generation system financier or solar 50
installation company before the distributed generation system has received 51
permission from the appropriate public utility to connect to the power grid or, if the 52
system will not be connected to the power grid, has received a final inspection. 53
Sections 8, 15 and 19 require an agreement for the provision of a distributed 54
generation system loan and the cover page for an agreement for the lease of a 55
distributed generation system or power purchase agreement to prominently display 56
at the top of the agreement or cover page the length of the term of the loan, lease or 57
agreement and a description of the consequences if the borrower, lessee or host 58
customer dies, becomes disabled or sells the property to which the distributed 59
generation system is affixed during the term of the loan, lease or agreement. 60
Sections 8, 9, 15-20 and 22 additionally require an agreement for the lease or 61
purchase of a distributed generation system, a power purchase agreement and the 62
cover page for such agreements to: (1) contain certain disclosures concerning the 63
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solar installation company; (2) provide certain information about the parts of the 64
distributed generation system; and (3) impose certain duties and liabilities on 65
lessees, purchasers and host customers. 66
Existing law requires a solar installation company to maintain a recording of 67
certain communications with a purchaser, lessee or host customer for not less than 68
4 years after the final inspection of the distributed generation system of the 69
purchaser, lessee or host customer. (NRS 598.98213) Section 21 requires the solar 70
installation company to provide a copy of that recording within 5 days after receipt 71
of a request from the purchaser, lessee or host customer or a governmental entity. If 72
the solar installation company fails to do so, the lease or purchase agreement or 73
power purchase agreement is voidable by the purchaser, lessee or host customer. 74
Existing law sets forth a prohibition against covenants, restrictions or 75
conditions contained in deeds, contracts or other legal instruments which prohibit 76
or unreasonably restrict an owner of a property from using a system for obtaining 77
solar energy on his or her property. (NRS 111.239, 278.0208) Section 13 prohibits 78
the unit-owners’ association of a common-interest community from: (1) imposing 79
certain requirements concerning the particular location within a unit at which a 80
distributed generation system may be installed under certain circumstances; and (2) 81
unreasonably restricting, prohibiting or withholding approval for a unit’s owner to 82
install a distributed generation system on a roof that covers only the unit of the 83
unit’s owner, regardless of whether the roof is a common element. Section 13 84
additionally prohibits certain activities of an association with respect to certain 85
accessories for a distributed generation system. 86
Existing law sets forth procedures and requirements for a public utility to make 87
changes to a schedule of rates. (NRS 704.061-704.140) Section 24 of this bill 88
requires an electric utility to post on its Internet website certain information 89
concerning certain proposed increases in rates and periods of peak demand for 90
electricity within a certain period before the increase is proposed to take effect and, 91
for information concerning periods of peak demand for electricity, annually. 92
Section 26 of this bill makes a conforming change so that the definitions applicable 93
to the provisions of existing law governing rates and schedules apply to section 24. 94
Existing law sets forth various requirements for: (1) net metering, which is 95
defined under existing law to mean the measure of the difference between the 96
electricity supplied by an electric utility and the electricity generated by a 97
customer-generator that is fed back to the utility; and (2) a net metering system, 98
which is defined under existing law to mean, in general, certain facilities or systems 99
for the generation of electricity, including a facility or energy system installed on 100
the premises of a customer-generator that uses solar energy to generate electricity 101
and meets certain other requirements. (NRS 704.766-704.776) Section 25 of this 102
bill imposes certain timing requirements upon a public utility for the carrying out of 103
certain requests relating to a net metering system submitted by a customer-104
generator. Section 28 of this bill requires the regulations adopted by the Public 105
Utilities Commission of Nevada relating to net metering tariffs and standard net 106
metering contracts to require a utility to: (1) approve or deny the application of a 107
net metering applicant within 5 business days after receipt of the application; and 108
(2) if the utility denies the application, provide to the net metering applicant a 109
notice detailing the reasons for the denial. 110
Existing law: (1) requires a net metering system to meet certain safety and 111
quality standards; and (2) if the net metering system meets those standards, 112
prohibits a utility from requiring the customer-generator to comply with additional 113
standards or requirements or take certain other actions solely because of his or her 114
status as a customer-generator. (NRS 704.774) Section 29 of this bill additionally 115
requires a customer-generator to obtain all necessary permits and approvals 116
required by any governmental entity for the installation of his or her net metering 117
system and install the net metering system in compliance with the permits and 118
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approvals. Under section 29, a utility is prohibited from imposing various 119
additional requirements if the customer-generator satisfies such requirements and 120
the net metering system complies with the safety standards set forth under existing 121
law. 122
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 675 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 9, inclusive, of this 2
act. 3
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless 4
the context otherwise requires, the words and terms defined in 5
sections 3, 4 and 5 of this act have the meanings ascribed to them 6
in those sections. 7
Sec. 3. “Borrower” means a person who receives a 8
distributed generation system loan from a distributed generation 9
system financier. 10
Sec. 4. “Lessee” means a person who leases a distributed 11
generation system or any part thereof from a distributed 12
generation system financier. 13
Sec. 5. “Solar installation company” has the meaning 14
ascribed to it in NRS 598.9808. 15
Sec. 6. 1. A distributed generation system financier shall 16
ensure that any solar installation company that installs a 17
distributed generation system for which the distributed generation 18
system financier has executed an agreement for the provision of a 19
distributed generation system loan or the lease of a distributed 20
generation system is properly licensed pursuant to chapter 624 of 21
NRS and acting within the monetary limit of the license. 22
2. If a distributed generation system financier fails to comply 23
with the provisions of subsection 1, the agreement for the 24
provision of the distributed generation system loan or the lease of 25
the distributed generation system is voidable by the borrower or 26
lessee for 3 years after the date on which: 27
(a) If the distributed generation system will be connected to the 28
power grid, the distributed generation system receives permission 29
from the appropriate public utility to connect to the power grid. 30
(b) If the distributed generation system will not be connected to 31
the power grid, the distributed generation system receives a final 32
inspection. 33
Sec. 7. 1. A distributed generation system financier shall 34
not pay to a solar installation company pursuant to an agreement 35
for the provision of a distributed generation system loan or the 36
lease of a distributed generation system an amount that exceeds 37
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the amount set forth in paragraph (g) of subsection 2 of NRS 1
624.875 before the date on which: 2
(a) If the distributed generation system will be connected to the 3
power grid, the distributed generation system receives permission 4
from the appropriate public utility to connect to the power grid. 5
(b) If the distributed generation system will not be connected to 6
the power grid, the distributed generation system receives a final 7
inspection. 8
2. If a distributed generation system financier violates the 9
provisions of subsection 1, the distributed generation system 10
financier becomes responsible for ensuring that the distributed 11
generation system receives, as applicable, permission from the 12
appropriate public utility to connect the distributed generation 13
system to the power grid or a final inspection, as applicable. 14
3. A distributed generation system financier shall pay to a 15
solar installation company any money to which the solar 16
installation company is owed by the distributed generation system 17
financier pursuant to an agreement for the provision of a 18
distributed generation system loan or the lease of a distributed 19
generation system within 48 hours after the time described in 20
paragraph (a) or (b) of subsection 1, as applicable. 21
Sec. 8. In addition to any other applicable requirements, an 22
agreement between a distributed generation system financier and 23
a borrower for the provision of a distributed generation system 24
loan must include, without limitation: 25
1. The following information prominently displayed at the top 26
of the cover page of the agreement in at least 16-point font: 27
(a) Notice of the term of the loan; and 28
(b) A description of the consequences if the borrower, before 29
the loan is repaid, dies, becomes disabled or sells the property to 30
which the distributed generation system is affixed. 31
2. The following information in at least 10-point font: 32
(a) The name, mailing address, electronic mail address and 33
telephone number of the distributed generation system financier. 34
(b) A provision that provides that the borrower is not required 35
to pay any money to the distributed generation system financier 36
under the agreement until: 37
(1) If the distributed generation system will be connected to 38
the power grid, the distributed generation system receives 39
permission from the appropriate public utility to connect to the 40
power grid. 41
(2) If the distributed generation system will not be 42
connected to the power grid, the distributed generation system 43
receives a final inspection. 44
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(c) The granting to the borrower of the right to rescind the 1
agreement for a period of: 2
(1) For a borrower who is less than 60 years of age, 3 3
business days after the agreement is signed. 4
(2) For a borrower who is 60 years of age or older, 5 5
business days after the agreement is signed. 6
Sec. 9. 1. Any borrower who enters into or signs an 7
agreement for the provision of a distributed generation system 8
loan may rescind or cancel the agreement without any penalty or 9
obligation by giving notice in writing to the distributed generation 10
system financier either by delivering, mailing or telegraphing such 11
notice or sending such notice by electronic mail not later than 12
midnight of the: 13
(a) For a borrower who is less than 60 years of age, third 14
business day after the agreement was entered into or signed. 15
(b) For a borrower who is 60 years of age or older, fifth 16
business day after the agreement was entered into or signed. 17
2. The notice must be addressed to the distributed generation 18
system financier at the financier’s place of business or another 19
place designated in the agreement or sent to the electronic mail 20
address set forth in the agreement and must contain words 21
indicating the intent of the borrower to rescind or cancel the 22
agreement previously entered into. 23
Sec. 10. NRS 675.020 is hereby amended to read as follows: 24
675.020 As used in this chapter, unless the context otherwise 25
requires: 26
1. “Amount of cash advance” means the amount of cash or its 27
equivalent actually received by a borrower or paid out at his or her 28
direction or on his or her behalf. 29
2. “Amount of loan obligation” means the amount of cash 30
advance plus the aggregate of charges added thereto pursuant to 31
authority of this chapter. 32
3. “Breach of the security of the computerized data system” or 33
“breach” means the unauthorized acquisition of computerized data 34
from the computerized data system of the licensee that compromises 35
the security, confidentiality or integrity of personal information 36
maintained by the licensee. The term does not include the good faith 37
acquisition of personal information by an employee or agent of a 38
licensee for a legitimate purpose of the licensee, so long as the 39
personal information is not used for a purpose unrelated to the 40
licensee or subject to further authorized disclosure. 41
4. “Business of lending in this State” means that a person: 42
(a) Solicits loans in this State or makes loans to persons in this 43
State, unless these are isolated, incidental or occasional transactions; 44
or 45
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(b) Is located in this State and solicits loans outside of this State 1
or makes loans to persons located outside of this State, unless these 2
are isolated, incidental or occasional transactions. 3
5. “Commissioner” means the Commissioner of Financial 4
Institutions. 5
6. “Community” means a contiguous area of the same 6
economic unit or metropolitan area as determined by the 7
Commissioner, and may include all or part of a city or several towns 8
or cities. 9
7. “Computerized data system” means a system of software, 10
hardware or firmware, including, without limitation, a system of 11
web-based applications, that: 12
(a) Is owned, leased or licensed by a licensee; 13
(b) Is located at the place of business of the licensee or hosted 14
remotely; and 15
(c) Stores or provides access to personal information, financial 16
information or other data related to borrowers or potential 17
borrowers. 18
8. “Consumer credit” has the meaning ascribed to it in 19
NRS 604A.036. 20
9. “Covered service member” has the meaning ascribed to it in 21
NRS 604A.038. 22
10. “Dependent” has the meaning ascribed to it in 23
NRS 604A.057. 24
11. “Distributed generation system” has the meaning 25
ascribed to it in NRS 598.9804. 26
12. “Distributed generation system financier” means a 27
person who: 28
(a) Provides a distributed generation system loan to a 29
borrower, as defined in section 3 of this act, in this State; or 30
(b) Leases a distributed generation system or any part thereof 31
to a lessee, as defined in section 4 of this act, in this State. 32
13. “Distributed generation system loan” means a loan made 33
for the express purpose of financing the purchase of a distributed 34
generation system or any part thereof. 35
14. “Internet business lender” means a person who makes 36
business loans exclusively through the Internet. 37
[12.] 15. “License” means a license, issued under the authority 38
of this chapter, to make loans in accordance with the provisions of 39
this chapter, at a single place of business. 40
[13.] 16. “Licensee” means a person to whom one or more 41
licenses have been issued. 42
[14.] 17. “Nationwide Multistate Licensing System and 43
Registry” or “Registry” has the meaning ascribed to it in 44
NRS 604A.083. 45
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[15.] 18. “Personal information” has the meaning ascribed to it 1
in NRS 603A.040. 2
[16.] 19. “Remote location” means a location other than an 3
office or place of business for which a license has been issued 4
pursuant to this chapter and at which an employee of a licensee 5
engages in the business of lending in this State pursuant to NRS 6
675.2965 to 675.299, inclusive. 7
Sec. 11. NRS 675.060 is hereby amended to read as follows: 8
675.060 No person may engage in the business of lending or 9
the business of a distributed generation system financier in this 10
State without first having obtained a license from the Commissioner 11
pursuant to this chapter for each office or other place of business at 12
which the person engages in such business, except that: 13
1. If a person intends to engage in the business of lending in 14
this State as a deferred deposit loan service, high-interest loan 15
service or title loan service, as those terms are defined in chapter 16
604A of NRS, the person must obtain a license from the 17
Commissioner pursuant to chapter 604A of NRS before the person 18
may engage in any such business. 19
2. An employee of a licensee may engage in the business of 20
lending in this State at a remote location in accordance with NRS 21
675.2965 to 675.299, inclusive. 22
Sec. 12. NRS 97.125 is hereby amended to read as follows: 23
97.125 1. “Retail seller” or “seller” means: 24
(a) A person engaged in the business of selling or leasing goods 25
or services to retail buyers or a licensee, franchisee, assignee or 26
corporate affiliate or subsidiary of such a person; 27
(b) A person, other than a financial institution, who enters into 28
agreements prescribing the terms for the extension of credit pursuant 29
to which the person may, with the buyer’s consent, purchase or 30
acquire one or more obligations of the buyer to a retail seller if the 31
purchase, lease, loan or other obligation to be paid in accordance 32
with the agreement is evidenced by a sales slip or memorandum; or 33
(c) A person, other than a financial institution, who regularly 34
extends, whether in connection with sales or leases of goods or 35
services, credit which is payable by agreement in more than four 36
installments or for which the payment of a finance charge may be 37
required. 38
2. As used in this section, “financial institution” means: 39
(a) A bank, credit union, savings institution or trust company 40
organized under, or supervised pursuant to, the laws of the United 41
States or of any state, or any affiliate or subsidiary thereof; or 42
(b) A person licensed pursuant to chapter 675 of NRS [.] other 43
than a distributed generation system financier, as defined in 44
NRS 675.020. 45
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Sec. 13. Chapter 116 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. If a unit’s owner wishes to install a distributed generation 3
system within such physical portion of the common-interest 4
community as that owner has a right to occupy and use 5
exclusively, the association may not require the distributed 6
generation system to be installed at a particular location within 7
that physical portion so long as the unit’s owner has obtained any 8
permits and approvals from any governmental entity required for 9
the installation and the distributed generation system is installed 10
in compliance with those permits and approvals. 11
2. An association may not unreasonably restrict, prohibit or 12
withhold approval for a unit’s owner to install a distributed 13
generation system on a roof that covers only the unit of the unit’s 14
owner, regardless of whether the roof is a common element. An 15
association may require such a unit’s owner to: 16
(a) Be responsible for the removal and reinstallation of the 17
distributed generation system whenever the association determines 18
such action is necessary for the maintenance, repair or 19
replacement of the roof. 20
(b) If the roof is a common element, maintain a policy of 21
insurance that names the association as an additional insured and 22
provides coverage for any losses or damages caused by the 23
installation of the distributed generation system. 24
3. An association may not: 25
(a) Unreasonably restrict, prohibit or withhold approval for a 26
unit’s owner to install any type of physical barrier around the 27
distributed generation system to deter the intrusion of animals or 28
to hide components of the system for aesthetic purposes; or 29
(b) Require the installation of a particular type of the physical 30
barrier described in paragraph (a). 31
4. As used in this section, “distributed generation system” has 32
the meaning ascribed to it in NRS 598.9804. 33
Sec. 14. Chapter 598 of NRS is hereby amended by adding 34
thereto a new section to read as follows: 35
If a host customer enters into a power purchase agreement 36
and, at the time the agreement is signed, the solar installation 37
company that is a party to the agreement is not properly licensed 38
pursuant to chapter 624 of NRS or acting within the monetary 39
limit of the license, the power purchase agreement is voidable by 40
the host customer for 3 years after the date on which the power 41
purchase agreement is signed. 42
Sec. 15. NRS 598.9809 is hereby amended to read as follows: 43
598.9809 An agreement for the lease of a distributed 44
generation system must include a cover page that: 45
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1. Prominently displays the following information at the top of 1
the cover page in at least 16-point font: 2
(a) Notice of the right to rescind or cancel the agreement, 3
without any penalty or obligation, within 3 or 5 business days , as 4
applicable, after the execution of the agreement, as provided in 5
NRS 598.98216. 6
(b) An electronic mail address to which a notice of rescission or 7
cancellation may be sent pursuant to NRS 598.98216 and notice that 8
the lessee may send such a notice to that electronic mail address. 9
(c) Notice of the requirement to make and maintain a recording 10
pursuant to NRS 598.98213. 11
(d) Notice that, before the installation of the distributed 12
generation system, the lessee will have the opportunity to confirm 13
that no representations, offers or promises were made at any time 14
concerning the lease of the distributed generation system other than 15
what is contained in the agreement. 16
(e) The length of the term of the lease. 17
(f) A description of the consequences if, during the term of the 18
lease, the lessee dies, becomes disabled or sells the property to 19
which the distributed generation system is affixed. 20
2. Provides the following information in at least 10-point font: 21
(a) The amounts due at the signing for and at the completion of 22
the installation or any inspection of the distributed generation 23
system. 24
(b) An estimated timeline for the installation of the distributed 25
generation system. 26
(c) The estimated amount of the monthly payments due under 27
the lease in the first year of operation of the distributed generation 28
system. 29
(d) [The length of the term of the lease. 30
(e)] A description of any warranties. 31
[(f)] (e) The rate of any payment increases. 32
[(g)] (f) The identification of any state or federal tax incentives 33
that are included in calculating the amount of the monthly payments 34
due under the lease. 35
[(h)] (g) The estimated production of the distributed generation 36
system in the first year of operation and an explanation that: 37
(1) The lessee will always receive a power bill if the 38
premises of the lessee are connected to the power grid; 39
(2) The estimated production or offset is based on available 40
data on prior consumption; and 41
(3) Any change in consumption by the lessee will impact the 42
estimated offset, or savings, in relation to the production. 43
[(i)] (h) A description of the terms for renewal or any other 44
options available at the end of the term of the lease. 45
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[(j)] (i) A description of any option to purchase the distributed 1
generation system before the end of the term of the lease. 2
[(k)] (j) Notice of the existence of the Recovery Fund 3
administered by the State Contractors’ Board pursuant to 4
NRS 624.470. 5
[(l)] (k) Notice that a person financially damaged by a licensed 6
contractor who performs work on a residence may be eligible to 7
recover certain financial damages from the Recovery Fund. 8
[(m)] (l) Notice that a host customer may file a complaint with 9
the Public Utilities Commission of Nevada. 10
[(n)] (m) Contact information for the State Contractors’ Board 11
and the Public Utilities Commission of Nevada, including, without 12
limitation, a telephone number. 13
[(o)] (n) Notice that the lessee, before the execution of the 14
agreement, may request any document used in the solicitation, offer 15
or transaction for the agreement in any language. 16
(o) The following disclosures: 17
(1) Whether the solar installation company: 18
(I) Maintains a physical office in this State at which 19
employees, as defined in subsection 6 of NRS 624.020, of the solar 20
installation company conduct business; and 21
(II) Has at least one motor vehicle registered in this 22
State; 23
(2) Whether the solar installation company is in 24
compliance with all applicable federal, state and local laws and 25
regulations; and 26
(3) Whether the person who initially presented the lessee 27
with the lease agreement is an employee, as defined in subsection 28
6 of NRS 624.020, of the solar installation company. 29
Sec. 16. NRS 598.9811 is hereby amended to read as follows: 30
598.9811 An agreement for the lease of a distributed 31
generation system must include, without limitation, the following 32
information in at least 10-point font: 33
1. The name, mailing address, telephone number and number 34
of the contractor’s license of the solar installation company. 35
2. The name, mailing address and telephone number of: 36
(a) The lessor of the distributed generation system; and 37
(b) The name, mailing address and telephone number of the 38
person responsible for all maintenance of the distributed generation 39
system, if different from the solar installation company. 40
3. An estimated timeline for the installation of the distributed 41
generation system. 42
4. The length of the term of the lease. 43
5. A general description of the distributed generation system. 44
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6. The amounts due at the signing for and at the completion of 1
the installation or any inspection of the distributed generation 2
system. 3
7. A description of any warranties. 4
8. The amount of the: 5
(a) Monthly payments due under the lease; and 6
(b) Total payments due under the lease, excluding taxes. 7
9. A description of any other one-time or recurring charges, 8
including, without limitation, a description of the circumstances that 9
trigger any late fees. 10
10. A description of any obligation the lessor has regarding the 11
installation, repair or removal of the distributed generation system. 12
11. A description of any obligation the lessor has regarding 13
construction of and insurance for the distributed generation system. 14
12. A description of any: 15
(a) Taxes due at the commencement of the lease; and 16
(b) Estimation of taxes known to be applicable during the term 17
of the lease, subject to any change in the state or local tax rate or tax 18
structure. 19
13. A copy of the warranty for the distributed generation 20
system. 21
14. A disclosure notifying the lessee of the transferability of 22
the obligations under the warranty to a subsequent lessee. 23
15. The identification of any state or federal tax incentives that 24
are included in calculating the amount of the monthly payments due 25
under the lease. 26
16. A description of the ownership of any tax credits, tax 27
rebates, tax incentives or portfolio energy credits in connection with 28
the distributed generation system. 29
17. Any terms for renewal of the lease. 30
18. A description of any option to purchase the distributed 31
generation system before the end of the term of the lease. 32
19. A description of all options available to the host customer 33
in connection with the continuation, termination or transfer of the 34
lease in the event of the: 35
(a) Sale of the property to which the distributed generation 36
system is affixed; or 37
(b) Death or disability of the lessee. 38
20. A description of any restrictions that the lease imposes on 39
the modification or transfer of the property to which the distributed 40
generation system is affixed. 41
21. The granting to the lessee of the right to rescind the lease 42
for a period ending not less than : 43
(a) For a lessee who is less than 60 years of age, 3 business 44
days after the lease is signed. 45
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(b) For a lessee who is 60 years of age or older, 5 business 1
days after the lease is signed. 2
22. An estimate of the amount of electricity that could be 3
generated by the distributed generation system in the first year of 4
operation. 5
23. The following information concerning the parts of the 6
distributed generation system: 7
(a) The make and model of all inverters of the distributed 8
generation system; 9
(b) The make, model and power class of all solar modules of 10
the distributed generation system; 11
(c) The manufacturer of any racking system of the distributed 12
generation system; and 13
(d) Whether the parts described in paragraphs (a), (b) and (c) 14
satisfy any guidelines set forth by the Internal Revenue Service to 15
qualify for a domestic content bonus credit under the Inflation 16
Reduction Act of 2022, Public Law 117-169. 17
24. A provision that provides that the lessee is not required to 18
pay any money to the distributed generation system financier 19
under the agreement until: 20
(a) If the distributed generation system will be connected to the 21
power grid, the distributed generation system receives permission 22
from the appropriate public utility to connect to the power grid. 23
(b) If the distributed generation system will not be connected to 24
the power grid, the distributed generation system receives a final 25
inspection. 26
25. A provision requiring the lessee to fully and accurately 27
disclose all material information relating to the property to which 28
the distributed generation system will be affixed that may affect 29
the installation of the distributed generation system, including, 30
without limitation, any relevant modifications to the electrical 31
service of the property. 32
26. A provision requiring the lessee to promptly execute any 33
agreements with a public utility that are necessary and provide to 34
the solar installation company any information that is necessary 35
for the completion of the installation of the distributed generation 36
system. 37
27. A provision that provides that the lessee is liable for any 38
damages caused by the failure of the purchaser to comply with the 39
provisions of any agreement set forth in subsection 26. 40
28. A signature block that is signed and dated by the lessor and 41
the lessee of the distributed generation system. 42
Sec. 17. NRS 598.9813 is hereby amended to read as follows: 43
598.9813 An agreement for the purchase of a distributed 44
generation system must include a cover page that: 45
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1. Prominently displays the following information at the top of 1
the cover page in at least 16-point font: 2
(a) Notice of the right to rescind or cancel the agreement, 3
without any penalty or obligation, within 3 or 5 business days , as 4
applicable, after the execution of the agreement, as provided in 5
NRS 598.98216. 6
(b) An electronic mail address to which a notice of rescission or 7
cancellation may be sent pursuant to NRS 598.98216 and notice that 8
the purchaser may send such a notice to that electronic mail address. 9
(c) Notice of the requirement to make and maintain a recording 10
pursuant to NRS 598.98213. 11
(d) Notice that, before the installation of the distributed 12
generation system, the purchaser will have the opportunity to 13
confirm that no representations, offers or promises were made at any 14
time concerning the purchase of the distributed generation system 15
other than what is contained in the agreement. 16
2. Provide the following information in at least 10-point font: 17
(a) The size of the distributed generation system. 18
(b) The length of the term of the warranty for the distributed 19
generation system. 20
(c) An estimated timeline for the installation of the distributed 21
generation system. 22
(d) A description of any warranties. 23
(e) The total cost of the distributed generation system. 24
(f) The estimated value of any portfolio energy credits and 25
rebates of any incentives included in the calculation of the total cost 26
of the distributed generation system. 27
(g) The amounts due at the signing for and at the completion of 28
the installation of the distributed generation system. 29
(h) The estimated production of the distributed generation 30
system in the first year of operation and an explanation that: 31
(1) The purchaser will always receive a power bill if the 32
premises of the purchaser are connected to the power grid; 33
(2) The estimated production or offset is based on available 34
data on prior consumption; and 35
(3) Any change in consumption by the purchaser will impact 36
the estimated offset, or savings, in relation to the production. 37
(i) Notice of the existence of the Recovery Fund administered 38
by the State Contractors’ Board pursuant to NRS 624.470. 39
(j) Notice that a person financially damaged by a licensed 40
contractor who performs work on a residence may be eligible to 41
recover certain financial damages from the Recovery Fund. 42
(k) Notice that a host customer may file a complaint with the 43
Public Utilities Commission of Nevada. 44
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(l) Contact information for the State Contractors’ Board and 1
Public Utilities Commission of Nevada, including, without 2
limitation, a telephone number. 3
(m) Notice that the purchaser, before the execution of the 4
agreement, may request any document used in the solicitation, offer 5
or transaction for the agreement in any language. 6
(n) The following disclosures: 7
(1) Whether the solar installation company: 8
(I) Maintains a physical office in this State at which 9
employees, as defined in subsection 6 of NRS 624.020, of the solar 10
installation company conduct business; and 11
(II) Has at least one motor vehicle registered in this 12
State; 13
(2) Whether the solar installation company is in 14
compliance with all applicable federal, state and local laws and 15
regulations; and 16
(3) Whether the person who initially presented the 17
purchaser with the purchase agreement is an employee, as defined 18
in subsection 6 of NRS 624.020, of the solar installation company. 19
Sec. 18. NRS 598.9814 is hereby amended to read as follows: 20
598.9814 An agreement for the purchase of a distributed 21
generation system must include, without limitation, the following 22
information in at least 10-point font: 23
1. The name, mailing address, telephone number, electronic 24
mail address and number of the contractor’s license of the solar 25
installation company. 26
2. The name, mailing address, telephone number and electronic 27
mail address of: 28
(a) The purchaser of the distributed generation system; and 29
(b) The name, mailing address, telephone number and electronic 30
mail address of the person responsible for all maintenance of the 31
distributed generation system, if different from the solar installation 32
company. 33
3. A description, which includes, without limitation, any 34
assumptions, concerning the design and installation of the 35
distributed generation system. Such a description must include, 36
without limitation: 37
(a) The size of the distributed generation system; 38
(b) The estimated amount of production for the distributed 39
generation system in the first year of operation; and 40
(c) The estimated annual degradation to the distributed 41
generation system. 42
4. The total cost of the distributed generation system. 43
5. An estimated timeline for the installation of the distributed 44
generation system. 45
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6. A payment schedule, including, without limitation: 1
(a) The due dates for any deposit; and 2
(b) Any subsequent payments that are not to exceed the total 3
system cost stated on the cover page pursuant to NRS 598.9813. 4
7. The granting to the purchaser the right to rescind the 5
agreement for a period ending not less than : 6
(a) For a purchaser who is less than 60 years of age, 3 7
business days after the agreement is signed. 8
(b) For a purchaser who is 60 years of age or older, 5 business 9
days after the lease is signed. 10
8. A copy of the warranty for the distributed generation system. 11
9. A disclosure notifying the purchaser of the transferability of 12
the obligations under the warranty to a subsequent purchaser. 13
10. The identification of any incentives included in the 14
calculation of the total cost of the distributed generation system. 15
11. A description of any guarantee of the performance of the 16
distributed generation system. 17
12. The following information concerning the parts of the 18
distributed generation system: 19
(a) The make and model of all inverters of the distributed 20
generation system; 21
(b) The make, model and power class of the solar modules of 22
the distributed generation system; 23
(c) The manufacturer of any racking system of the distributed 24
generation system; and 25
(d) Whether the parts described in paragraphs (a), (b) and (c) 26
satisfy any guidelines set forth by the Internal Revenue Service to 27
qualify for a domestic content bonus credit under the Inflation 28
Reduction Act of 2022, Public Law 117-169. 29
13. A provision that provides that the purchaser is not 30
required to pay any money to the distributed generation system 31
financier under the agreement until: 32
(a) If the distributed generation system will be connected to the 33
power grid, the distributed generation system receives permission 34
from the appropriate public utility to connect to the power grid. 35
(b) If the distributed generation system will not be connected to 36
the power grid, the distributed generation system receives a final 37
inspection. 38
14. A provision requiring the purchaser to fully and 39
accurately disclose all material information relating to the 40
property to which the distributed generation system will be affixed 41
that may affect the installation of the distributed generation 42
system, including, without limitation, any relevant modifications to 43
the electrical service of the property. 44
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15. A provision requiring the purchaser to promptly execute 1
any agreements with a public utility that are necessary and provide 2
to the solar installation company any information that is necessary 3
for the completion of the installation of the distributed generation 4
system. 5
16. A provision that provides that the purchaser is liable for 6
any damages caused by the failure of the purchaser to comply with 7
the provisions of any agreement set forth in subsection 15. 8
17. A signature block that is signed and dated by the purchaser 9
of the distributed generation system and the solar installation 10
company. 11
[13.] 18. A description of the basis for any estimates of 12
savings that were provided to the purchaser, if applicable. 13
[14.] 19. A disclosure concerning the retention of any portfolio 14
energy credits, if applicable. 15
Sec. 19. NRS 598.9816 is hereby amended to read as follows: 16
598.9816 A power purchase agreement for the sale of the 17
output of a distributed generation system must include a cover page 18
that: 19
1. Prominently displays the following information at the top of 20
the cover page in at least 16-point font: 21
(a) Notice of the right to rescind or cancel the agreement, 22
without any penalty or obligation, within 3 or 5 business days , as 23
applicable, after the execution of the agreement, as provided in 24
NRS 598.98216. 25
(b) An electronic mail address to which a notice of rescission or 26
cancellation may be sent pursuant to NRS 598.98216 and notice that 27
the host customer may send such a notice to that electronic mail 28
address. 29
(c) Notice of the requirement to make and maintain a recording 30
pursuant to NRS 598.98213. 31
(d) Notice that, before the installation of the distributed 32
generation system, the host customer will have the opportunity to 33
confirm that no representations, offers or promises were made at any 34
time concerning the sale of the output of the distributed generation 35
system other than what is contained in the agreement. 36
(e) The length of the term of the agreement. 37
(f) A description of the consequences if, during the term of the 38
agreement, the host customer dies, becomes disabled or sells the 39
property to which the distributed generation system is affixed. 40
2. Provides the following information in at least 10-point font: 41
(a) The rate of any increase in the payments to be made during 42
the term of the agreement and, if applicable, the date of the first 43
such increase. 44
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(b) An estimated timeline for the installation of the distributed 1
generation system. 2
(c) The rate of electricity per kilowatt-hour of electricity for the 3
first year of the agreement. 4
(d) The length of the term of the agreement. 5
(e) The amounts due at the signing for and at the completion of 6
the installation or any inspection of the distributed generation 7
system. 8
(f) The estimated production of the distributed generation 9
system in the first year of operation and an explanation that: 10
(1) The host customer will always receive a power bill if the 11
premises of the host customer are connected to the power grid; 12
(2) The estimated production or offset is based on available 13
data on prior consumption; and 14
(3) Any change in consumption by the host customer will 15
impact the estimated offset, or savings, in relation to the production. 16
(g) A description of the options available at the end of the term 17
of the agreement. 18
(h) A description of any option to purchase the distributed 19
generation system before the end of the term of the agreement. 20
(i) Notice of the existence of the Recovery Fund administered 21
by the State Contractors’ Board pursuant to NRS 624.470. 22
(j) Notice that a person financially damaged by a licensed 23
contractor who performs work on a residence may be eligible to 24
recover certain financial damages from the Recovery Fund. 25
(k) Notice that a host customer may file a complaint with the 26
Public Utilities Commission of Nevada. 27
(l) Contact information for the State Contractors’ Board and the 28
Public Utilities Commission of Nevada, including, without 29
limitation, a telephone number. 30
(m) Notice that the host customer, before execution of the 31
agreement, may request any document used in the solicitation, offer 32
or transaction for the power purchase agreement in any language. 33
(n) The following disclosures: 34
(1) Whether the solar installation company: 35
(I) Maintains a physical office in this State at which 36
employees, as defined in subsection 6 of NRS 624.020, of the solar 37
installation company conduct business; and 38
(II) Has at least one motor vehicle registered in this 39
State; 40
(2) Whether the solar installation company is in 41
compliance with all applicable federal, state and local laws and 42
regulations; and 43
(3) Whether the person who initially presented the host 44
customer with the power purchase agreement is an employee, as 45
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defined in subsection 6 of NRS 624.020, of the solar installation 1
company. 2
Sec. 20. NRS 598.9817 is hereby amended to read as follows: 3
598.9817 A power purchase agreement for the sale of the 4
output of a distributed generation system must include, without 5
limitation, the following information in at least 10-point font: 6
1. The name, mailing address, telephone number, electronic 7
mail address and number of the contractor’s license of the solar 8
installation company. 9
2. The name, mailing address, telephone number and electronic 10
mail address of: 11
(a) The provider of the distributed generation system; and 12
(b) The name, mailing address, telephone number and electronic 13
mail address of the person responsible for all maintenance of the 14
distributed generation system, if different from the solar installation 15
company. 16
3. The length of the term of the agreement. 17
4. An estimated timeline for the installation of the distributed 18
generation system. 19
5. The payments made during the first year of the agreement 20
for the price of electricity, which includes, without limitation, the 21
price per kilowatt-hour of electricity and the price per monthly 22
system electrical output. 23
6. The estimated annual electrical output of the distributed 24
generation system. 25
7. The rate of any increase in the payments to be made during 26
the term of the agreement and, if applicable, the date of the first 27
such increase. 28
8. A description of any obligation the solar installation 29
company has regarding construction and repair of and insurance for 30
the distributed generation system. 31
9. A description of any one-time or recurring fees, including, 32
without limitation, a description of the circumstances that trigger 33
any late fees. 34
10. A description of any: 35
(a) Taxes due at the commencement of the agreement; and 36
(b) Estimation of taxes known to be applicable during the term 37
of the agreement, subject to a change in the state or local tax rate or 38
tax structure. 39
11. A copy of the warranty for the distributed generation 40
system. 41
12. A description of the ownership of any tax credits, tax 42
rebates, tax incentives or portfolio energy credits in connection with 43
the distributed generation system. 44
13. Any terms for renewal of the agreement. 45
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14. A description of any option to purchase the distributed 1
generation system before the end of the term of the agreement. 2
15. A description of all options available to the host customer 3
in connection with the continuation, termination or transfer of the 4
agreement in the event of the: 5
(a) Sale of the property to which the distributed generation 6
system is affixed; or 7
(b) Death or disability of the purchaser. 8
16. The granting to the purchaser of the right to rescind the 9
agreement for a period ending not less than : 10
(a) For a purchaser who is less than 60 years of age, 3 11
business days after the agreement is signed. 12
(b) For a purchaser who is 60 years of age or older, 5 business 13
days after the agreement is signed. 14
17. A description of any restrictions that the agreement 15
imposes on the modification or transfer of the property to which the 16
distributed generation system is affixed. 17
18. A description of any guarantees of the performance of the 18
distributed generation system. 19
19. A disclosure notifying the host customer of the 20
transferability of the obligations under the warranty to a subsequent 21
purchaser. 22
20. The following information concerning the parts of the 23
distributed generation system: 24
(a) The make and model of all inverters of the distributed 25
generation system; 26
(b) The make, model and power class of the solar modules of 27
the distributed generation system; 28
(c) The manufacturer of any racking system of the distributed 29
generation system; and 30
(d) Whether the parts described in paragraphs (a), (b) and (c) 31
satisfy any guidelines set forth by the Internal Revenue Service to 32
qualify for a domestic content bonus credit under the Inflation 33
Reduction Act of 2022, Public Law 117-169. 34
21. A provision requiring the host customer to fully and 35
accurately disclose all material information relating to the 36
property to which the distributed generation system will be affixed 37
that may affect the installation of the distributed generation 38
system, including, without limitation, any relevant modifications to 39
the electrical service of the property. 40
22. A provision requiring the host customer to promptly 41
execute any agreements with a public utility that are necessary 42
and provide to the solar installation company any information that 43
is necessary for the completion of the installation of the distributed 44
generation system. 45
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23. A provision that provides that the host customer is liable 1
for any damages caused by the failure of the purchaser to comply 2
with the provisions of any agreement set forth in subsection 22. 3
24. A signature block that is signed and dated by the purchaser 4
and the solar installation company. 5
[21.] 25. A statement describing the due dates of any 6
payments. 7
Sec. 21. NRS 598.98213 is hereby amended to read as 8
follows: 9
598.98213 1. A solar installation company shall, in person or 10
by telephone or videoconference, verbally: 11
(a) Confirm the identity of a purchaser or lessee under an 12
agreement for the purchase or lease of a distributed generation 13
system or a host customer under a power purchase agreement; 14
(b) Communicate to the purchaser, lessee or host customer the 15
information required to be included in a cover page pursuant to NRS 16
598.9809, 598.9813 or 598.9816, as applicable; and 17
(c) Confirm that the purchaser, lessee or host customer 18
understands the information communicated pursuant to 19
paragraph (b). 20
2. The verbal communication required by subsection 1 must 21
be: 22
(a) Recorded by the solar installation company; and 23
(b) Conducted at the time of the execution of the agreement or 24
within 48 hours after the execution of the agreement. 25
3. A solar installation company shall not commence the 26
installation of any distributed generation system under an agreement 27
until the recording required pursuant to this section has been made. 28
4. A solar installation company shall maintain the recording 29
required pursuant to this section for not less than 4 years after the 30
date of the final inspection of the distributed generation system 31
within the jurisdiction in which the distributed generation system is 32
located. If, at any time during that period, a purchaser, lessee or 33
host customer or any governmental entity requests that a copy of 34
the recording be provided to the person or entity, the solar 35
installation company shall provide the copy within 5 days after 36
receipt of the request. If a solar installation fails to provide the 37
copy within that time, the purchase or lease agreement or power 38
purchase agreement is voidable by the purchaser, lessee or host 39
customer, as applicable. 40
Sec. 22. NRS 598.98216 is hereby amended to read as 41
follows: 42
598.98216 Any purchaser or lessee who enters into or signs an 43
agreement for the purchase or lease of a distributed generation 44
system or host customer who enters into a power purchase 45
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agreement may rescind or cancel the agreement, without any penalty 1
or obligation, by giving notice in writing to the solar installation 2
company either by delivering, mailing or telegraphing such notice or 3
sending such notice by electronic mail not later than midnight of the 4
third business day or, for a purchaser, lessee or host customer who 5
is 60 years of age or older, the fifth business day, after the date the 6
agreement was entered into or signed. The notice must be addressed 7
to the solar installation company at the solar installation company’s 8
place of business, or another place designated in the agreement, or 9
sent to the electronic mail address set forth on the cover page 10
required by NRS 598.9809, 598.9813 or 598.9816, as applicable, 11
and must contain words indicating the intent of the purchaser, lessee 12
or host customer to rescind or cancel the transaction previously 13
entered into. 14
Sec. 23. Chapter 704 of NRS is hereby amended by adding 15
thereto the provisions set forth as sections 24 and 25 of this act. 16
Sec. 24. 1. An electric utility shall post on an Internet 17
website maintained by the electric utility: 18
(a) Notice of any rate increase proposed by the electric utility 19
not less than 90 days before the date on which the rate increase is 20
proposed to take effect. 21
(b) Information concerning periods of peak demand for 22
electricity not less than: 23
(1) Once each year; and 24
(2) Six months before the date on which any proposed rate 25
increase is proposed to take effect for a rate which is based on the 26
time of day, day of the week or time of year during which 27
electricity is used or which otherwise varies based on the time 28
during which electricity is used. 29
2. As used in this section, “electric utility” has the meaning 30
ascribed to it in NRS 704.187. 31
Sec. 25. 1. If a customer-generator has received all the 32
necessary inspections from any governmental entity required for 33
the installation of a net metering system and submits to a utility a 34
request for the completion of a final inspection by the utility, the 35
utility shall complete the final inspection within 10 business days 36
after receipt of the request. 37
2. If a customer-generator submits to a utility a request to 38
temporarily disconnect and subsequently reconnect electric service 39
in relation to the installation of a net metering system, the utility 40
shall schedule the temporary disconnection and subsequent 41
reconnection for not later than 15 business days after receiving 42
the request. 43
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Sec. 26. NRS 704.061 is hereby amended to read as follows: 1
704.061 As used in NRS 704.061 to 704.110, inclusive, and 2
section 24 of this act, unless the context otherwise requires, the 3
words and terms defined in NRS 704.062, 704.065 and 704.066 4
have the meanings ascribed to them in those sections. 5
Sec. 27. NRS 704.767 is hereby amended to read as follows: 6
704.767 As used in NRS 704.766 to 704.776, inclusive, and 7
section 25 of this act, unless the context otherwise requires, the 8
words and terms defined in NRS 704.7675 to 704.772, inclusive, 9
have the meanings ascribed to them in those sections. 10
Sec. 28. NRS 704.773 is hereby amended to read as follows: 11
704.773 1. A utility shall offer net metering in accordance 12
with the provisions of NRS 704.766 to 704.776, inclusive, and 13
section 25 of this act to the customer-generators operating within its 14
service area. 15
2. If the net metering system of a customer-generator who 16
accepts the offer of a utility for net metering has a capacity of not 17
more than 25 kilowatts, the utility: 18
(a) Shall offer to make available to the customer-generator an 19
energy meter that is capable of registering the flow of electricity in 20
two directions. 21
(b) May, at its own expense and with the written consent of the 22
customer-generator, install one or more additional meters to monitor 23
the flow of electricity in each direction. 24
(c) Except as otherwise provided in subsection 7, shall not 25
charge the customer-generator any fee or charge that is different 26
than that charged to other customers of the utility in the rate class to 27
which the customer-generator would belong if the customer-28
generator did not have a net metering system. 29
(d) Shall not reduce the minimum monthly charge of the 30
customer-generator based on the electricity generated by the 31
customer-generator and fed back to the utility. 32
3. If the net metering system of a customer-generator who 33
accepts the offer of a utility for net metering has a capacity of more 34
than 25 kilowatts, the utility: 35
(a) May require the customer-generator to install at its own cost: 36
(1) An energy meter that is capable of measuring generation 37
output and customer load; and 38
(2) Any upgrades to the system of the utility that are required 39
to make the net metering system compatible with the system of the 40
utility. 41
(b) Except as otherwise provided in paragraph (d) and 42
subsection 7, shall not charge the customer-generator any fee or 43
charge that is different than that charged to other customers of the 44
utility in the rate class to which the customer-generator would 45
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belong if the customer-generator did not have a net metering system, 1
including, without limitation, customer, demand and facility 2
charges. 3
(c) Shall not reduce the minimum monthly charge of the 4
customer-generator based on the electricity generated by the 5
customer-generator and fed back to the utility. 6
(d) Shall not charge the customer-generator any standby charge. 7
4. At the time of installation or upgrade of any portion of a net 8
metering system, the utility must allow a customer-generator 9
governed by subsection 3 to pay the entire cost of the installation or 10
upgrade of the portion of the net metering system. 11
5. Except as otherwise provided in subsections 2, 3 and 6 and 12
NRS 704.7732, the utility shall not for any purpose assign a 13
customer-generator to a rate class other than the rate class to which 14
the customer-generator would belong if the customer-generator did 15
not have a net metering system, including, without limitation, for the 16
purpose of any fee or charge. 17
6. If the net metering system of a customer-generator is a net 18
metering system described in paragraph (b) or (c) of subsection 1 of 19
NRS 704.771 and: 20
(a) The system is intended primarily to offset part or all of the 21
customer-generator’s requirements for electricity on property 22
contiguous to the property on which the net metering system is 23
located; and 24
(b) The customer-generator sells or transfers his or her interest 25
in the contiguous property, 26
the net metering system ceases to be eligible to participate in net 27
metering. 28
7. A utility shall assess against a customer-generator: 29
(a) If applicable, the universal energy charge imposed pursuant 30
to NRS 702.160; and 31
(b) Any charges imposed pursuant to chapter 701B of NRS or 32
NRS 704.7827 or 704.785 which are assessed against other 33
customers in the same rate class as the customer-generator. 34
For any such charges calculated on the basis of a kilowatt-hour 35
rate, the customer-generator must only be charged with respect to 36
kilowatt-hours of energy delivered by the utility to the 37
customer-generator. 38
8. The Commission and the utility must allow a customer-39
generator who accepts the offer of the utility for net metering to 40
continue net metering pursuant to NRS 704.766 to 704.776, 41
inclusive, at the location at which the net metering system is 42
originally installed for 20 years. For the purposes of this subsection, 43
“to continue net metering” includes, without limitation: 44
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(a) Retaining the percentage set forth in subsection 3 of NRS 1
704.7732 to be used to determine the credit for electricity governed 2
by paragraph (c) of subsection 2 of NRS 704.775, which is 3
applicable to the customer-generator; and 4
(b) Replacing the originally installed net metering system, as 5
needed, at any time before 20 years after the date of the installation 6
of the originally installed net metering system. 7
9. The Commission shall adopt regulations prescribing the 8
form and substance for a net metering tariff and a standard net 9
metering contract. The regulations must include, without limitation: 10
(a) The particular provisions, limitations and responsibilities of 11
a customer-generator which must be included in a net metering tariff 12
with regard to: 13
(1) Metering equipment; 14
(2) Net energy metering and billing; and 15
(3) Interconnection, 16
based on the allowable size of the net metering system. 17
(b) The particular provisions, limitations and responsibilities of 18
a customer-generator and the utility which must be included in a 19
standard net metering contract. 20
(c) [A timeline] The requirements, including, without 21
limitation, a timeline, for processing applications and contracts for 22
net metering applicants [.] , which must require the utility to: 23
(1) Approve or deny the application of a net metering 24
applicant within 5 business days after receipt of the application; 25
and 26
(2) If the utility denies the application, provide to the net 27
metering applicant a notice detailing the reasons for the denial. 28
(d) Any other provisions the Commission finds necessary to 29
carry out the provisions of NRS 704.766 to 704.776, inclusive [.] , 30
and section 25 of this act. 31
Sec. 29. NRS 704.774 is hereby amended to read as follows: 32
704.774 1. A customer-generator must obtain all necessary 33
permits and approvals required by any governmental entity for the 34
installation of his or her net metering system and install the net 35
metering system in compliance with the permits and approvals. 36
2. A net metering system used by a customer-generator must 37
meet all applicable safety and power quality standards established 38
by: 39
(a) The National Electrical Code; 40
(b) Underwriters Laboratories Inc.; and 41
(c) The Institute of Electrical and Electronic Engineers. 42
[2.] 3. A customer-generator who satisfies the requirements 43
in subsection 1 and whose net metering system meets [such] the 44
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safety and quality standards specified in subsection 2 must not be 1
required by the utility to: 2
(a) Comply with additional standards or requirements; 3
(b) Perform additional tests; 4
(c) Install additional controls; or 5
(d) Purchase additional liability insurance, 6
arising solely from the status as a customer-generator. 7
H