Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 458–Assemblymember Watts
CHAPTER..........
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 qua lified
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 rel ating 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 requiremen ts
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.
Legislative Counsel’s Digest:
Existing law requires each electric utility in this State to offer net metering to
customer-generators operating in the service area of the utility. (NRS 704.773)
Existing law defines “net metering” to mean measuring the difference between the
electricity supplied by a utility and the electricity generated by certain customers
which is fed back to the utility. (NRS 704.769) Sections 13 and 14 of this bill
authorize the users of a solar -powered affordable housing system to participate in
net metering. Sections 2-8 of this bill define certain terms related to solar -powered
affordable housing systems. Section 11 of this bill excludes persons who own or
operate a solar -powered affordable housing system from the definition of “public
utility.” Section 12 of this bill makes a conforming change to make the definitions
set forth in sections 2-8 applicable to the provisions of existing law governing net
metering.
Sections 15 and 16 of this bill revise existing provisions governing net
metering to provid e for the administration of net metering with respect to solar -
powered affordable housing systems, including the measuring of net electricity
produced or consumed and the awarding of credit for excess electricity produced by
a solar-powered affordable housing system. Sections 9 and 10 of this bill establish
certain requirements for any tariff or contract which relates to a solar -powered
affordable housing system. Section 9.3 of this bill requires an application to qualify
for the tariff submitted to the utility by an owner or operator of a solar -powered
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affordable housing system to include certain supporting documentation which
shows that the system is part of a qualified multifamily affordable housing
property. Section 9.7 of this bill requires the owner of a solar -powered affordable
housing system, in the initial application for the tariff which the owner submits to
the utility, to inform the utility of the proper allocation of capacity and its
associated production to customer -generators of the system. Section 18 of this bill
provides that, with certain exceptions, certain provisions governing the rates
charged for the provision of electric service by the landlord of a manufactured
home park or mobile home park or owner of a company town do not apply to the
owner or operator of a solar-powered affordable housing system.
Section 10. 3 of this bill requires 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 that is on
the premises or to be installed on the premises.
Section 10.7 of this bill provides that certain provisions governing public
works apply to any contract for construction work related to a solar -powered
affordable housing system financed in whole or in part by a state or local
government, even if the construction work does not qualify as a public work.
Existing law requires: (1) certain electric utilities in this State to offer an
expanded solar access progr am to residential customers and to certain
nonresidential customers who consume less than 10,000 kilowatt -hours of
electricity per month; (2) the Public Utilities Commission of Nevada to adopt
certain regulations for the implementation of the expanded sola r access program;
and (3) an electric utility to submit a plan for the implementation of the expanded
solar access program. Under existing law, the customers who are eligible to
participate in an expanded solar access program are: (1) low -income residentia l
customers; (2) certain disadvantaged businesses and nonprofit organizations; and
(3) certain residential customers who cannot install solar resources on the premises
of the customer. In implementing the expanded solar access program, an electric
utility is required to: (1) make use of at least a certain number of community -based
solar resources; and (2) provide participating low -income residential customers
with a lower rate. (NRS 704.7865)
Section 17 of this bill: (1) revises the criteria for eligibilit y so that only low -
income residential customers are eligible to participate in an expanded solar access
program; and (2) requires customers who are supported with certain funding from
the Nevada Clean Energy Fund to comply with certain requirements. Section 17
also authorizes such a participating customer to remain continuously enrolled in the
program without having to reapply. For community -based solar resources, section
17: (1) increases the maximum nameplate capacity from not more than 1 megawatt
to not more than 5 megawatts; (2) requires a process for open bidding or requests
for proposals for the selection of sites; (3) requires prioritizing the selection of sites
that provide resiliency for the electric grid and benefits for the community; and (4)
requires construction of additional community -based solar resources in proportion
to increased participation in the expanded solar access program.
Existing law: (1) imposes cer tain requirements on solar installation companies
that sell and install distributed generation systems in this State; (2) prescribes
certain contractual requirements for an agreement for the purchase or lease of a
distributed generation system and a power purchase agreement ; and (3) provides
that the violation of those provisions relating to distributed generation systems
constitutes a deceptive trade practice . (NRS 598.9801 -598.9822) Sections 1 and
19-25 of this bill make these provisions applicable to sol ar-powered affordable
housing systems.
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Existing law: (1) prohibits a person from performing any work on, or providing
a bid for or executing a contract to perform such work on, a residential photovoltaic
system used to produce electricity on a single -family residence unless the person
holds a license issued by the State Contractors’ Board or is an employee of such a
person; (2) imposes certain requirements on contractors who perform work on such
systems; (3) establishes requirements for con tracts for such work; (4) prohibits or
limits certain practices related to such work and contracts; and (5) authorizes
certain penalties and disciplinary action for violations of these provisions. (NRS
624.830-624.895) Sections 23, 2 6 and 29-35 of this bil l make these provisions
applicable to a residential photovoltaic system, including a so lar-powered
affordable housing system, located on a qualified multifamily affordable housing
property.
Section 28 of this bill requires a general building contractor, i n the case of a
contract for work concerning a residential photovoltaic system to produce
electricity on a qualified multifamily affordable housing property, to provide to the
owner of the property certain information relating to subcontractors on the proj ect,
certain persons who furnished material for the project and liens.
Existing law authorizes the State Contractors’ Board to require a contractor
who performs work concerning a residential photovoltaic system used to produce
electricity to obtain perfor mance and payment bonds if the contractor: (1) is
determined by the Board to have committed certain violations; (2) enters into a
contract that is later found to be void and unenforceable against an owner; or (3)
has five valid complaints filed against him or her with the Board within a 15 -day
period. (NRS 624.270) Sections 23 and 28 make this provision applicable to a
contractor who performs work on a solar-powered affordable housing system
located on a qualified multifamily affordable housing property.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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:
701.540 The Legislature hereby declares that each natural
person who is a resident of this State has the right to:
1. Generate, consume and export renewable energy and reduce
his or her use of electricity that is obtained from the grid.
2. Use technology to store energy at his or her residence.
3. If the person gen erates renewable energy pursuant to
subsection 1, or stores energy pursuant to subsection 2, or any
combination thereof, be allowed to connect his or her system that
generates renewable energy or stores energy, or any combination
thereof, with the electric ity meter on the customer’s side that is
provided by an electric utility or any other person named and
defined in chapters 704, 704A and 704B of NRS:
(a) In a timely manner;
(b) In accordance with requirements established by the electric
utility to ensure the safety of utility workers; and
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(c) After providing written notice to the electric utility providing
service in the service territory and installing a nomenclature plate on
the electrical meter panel indicating that a system that generates
renewable energy or stores energy, or any combination thereof, is
present if the system:
(1) Is not used for exporting renewable energy past the
electric utility meter on the customer’s side; and
(2) Meets all applicable state and local safety and electrical
code requirements.
4. Fair credit for any energy exported to the grid.
5. Consumer protections in contracts for renewable energy
pursuant to NRS 598.9801 to 598.9822, inclusive [.] , and sections
20 and 21 of this act.
6. Have his or her generation of renewable energy given
priority in planning and acquisition of energy resources by an
electric utility.
7. Except as otherwise provided in NRS 704.7725 or 704.7732,
remain within the existing broad rate class to which the resident
would belong in the ab sence of a net metering system or a system
that generates renewable energy or stores energy, or any
combination thereof, without any fees or charges that are different
than the fees and charges assessed to customers of the same rate
class, regardless of th e technologies on the customer’s side of the
electricity meter, including, without limitation, energy production,
energy savings, energy consumption, energy storage or energy
shifting technologies, provided that such technologies do not
compromise the safety and reliability of the utility grid.
Sec. 1.5. Chapter 704 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 10.7, inclusive, of
this act.
Sec. 2. “Active affordability covenant” means a covenant,
condition or restriction contained in a deed, contract or other legal
instrument which affects the transfer, sale or any other interest in
real property, which:
1. Establishes a period during which the covenant, condition
or restriction is active; and
2. During the period described in subsection 1, limits the
amount of any rent and utility charges that may be charged to a
natural person or household:
(a) Who has an income of:
(1) Not more than 80 percent of the area median income
based on the guidelines published by the United States Department
of Housing and Urban Development; or
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(2) Not more than 150 percent of the federally designated
level signifying poverty as provided in the most recent federal
poverty guidelines published in the Federal Register by the Un ited
States Department of Health and Human Services; or
(b) Which qualifies as a low -income family pursuant to 42
U.S.C. § 1437a(b)(2).
Sec. 3. “Allocation” means the net metering credits for each
kilowatt-hour of excess electricity generated by the sol ar-powered
affordable housing system that are attributed to one of the users of
the solar-powered affordable housing system.
Sec. 4. “Net metering credits” means the credit , expressed in
terms of the number of kilowatt -hours, that the utility is required
to allocate to a customer -generator for each kilowatt -hour of
excess electricity governed by paragraph (c) of subsection 2 of
NRS 704.775 that is generated by the customer-generator.
Sec. 5. “Qualified low-income residential building” means a
residential rental building which participates in:
1. A federal covered housing program, as defined in 34
U.S.C. § 12491(a)(3), and is wholly or partially financed by or
otherwise connected to a grant or program under:
(a) Section 202 of the Housing Act of 1959, as amended, 12
U.S.C. § 1701q;
(b) Section 811 or sections 851 to 863, inclusive, of the
Cranston-Gonzalez National Affordable Housing Act, as
amended, 42 U.S.C. § 8013 or §§ 12901 et seq.;
(c) The McKinney -Vento Homeless Assistance Act, as
amended, 42 U .S.C. §§ 11360 et seq., including, without
limitation, the Emergency Solutions Grants Program, Continuum
of Care Program and Rural Housing Stability Assistance
Program;
(d) The HOME Investment Partnerships Act, 42 U.S.C. §§
12741 et seq.;
(e) Section 8 or 9 of the United States Housing Act of 1937, 42
U.S.C. § 1437f or 1437g, and any regulations adopted pursuant
thereto, or pursuant to any successor program, including, without
limitation, programs for project -based rental assistance, moderate
rehabilitation and moderate rehabilitation single -room
occupancy;
(f) A low-income housing credit received pursuant to 26 U.S.C.
§ 42;
(g) Section 1338 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, 12 U.S.C. § 4568; or
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(h) The follo wing programs administered by the Secretary of
Veterans Affairs:
(1) The programs for comprehensive services to homeless
veterans set forth in 38 U.S.C. §§ 2011-2016;
(2) The program to assist homeless veterans set forth in 38
U.S.C. § 2061; and
(3) The programs to provide financial assistance and
supportive services for very low -income veteran families in
permanent housing set forth in 38 U.S.C. §§ 2041 et seq.;
2. A housing assistance program administered by the United
States Department of Agricul ture under Title V of the federal
Housing Act of 1949, Public Law 81 -171, as amended, and is
wholly or partially financed by or otherwise connected to a grant
or program under section 514, 515, 516, 521, 533 or 538 of the
Housing Act of 1949, 42 U.S.C. § 1 484, 1485, 1486, 1490a, 1490m
or 1490p -2, including, without limitation, programs for
multifamily preservation and revitalization or multifamily housing
rental assistance;
3. A housing program administered by a tribally designated
housing entity, as defined in 25 U.S.C. § 4103(22); or
4. Such other affordable housing programs as federal, state
or local law may provide.
Sec. 6. “Qualified low -income residential building project”
means an energy facility that:
1. Is installed on the premises of a qualified low -income
residential building; and
2. For which the financial benefits of the electricity produced
by the energy facility are allocated equitably among the occupants
of the dwelling units of the qualified low -income residential
building.
Sec. 7. “Qualified multifamily affordable housing property”:
1. Means a multifamily residential property with at least five
rental housing units or, for a housing program administered by a
tribally designated housing entity, as defined in 25 U.S.C. §
4103(22), two rental housing units, that:
(a) Contains one or more qualified low -income residential
buildings:
(1) That are part of a single low -income housing
development; and
(2) In which not less than 80 percent of the rental housing
units have active affordability covenants; and
(b) Consists of tenant housing units, which may be
individually metered and the occupants of which may maintain
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individual customer accounts with the utility, along with common
areas served by one or more common meters under th e customer
account of the property owner.
2. In the case of a mixed -use property, does not include any
independent commercial units on the premises that are not
appurtenant to the housing use.
Sec. 8. “Solar-powered affordable housing system” means
an energy system for the generation of electricity that:
1. Uses renewable energy as its primary source of energy to
generate electricity;
2. Has a generating capacity of not more than 1 megawatt;
3. Is a qualified low -income residential building proje ct that
is located on a qualified multifamily affordable housing property;
4. Operates in parallel with the utility’s transmission and
distribution facilities;
5. Is owned by the landlord or another third party that
equitably allocates the capacity and associated production of the
energy system to each of the individually metered units or common
areas within the qualified multifamily affordable housing
property;
6. Is intended primarily to offset part or all of the qualified
multifamily affordable hou sing property’s requirements for
electricity, subject to the following maximum allocations:
(a) In the case of common-area meters, a capacity that is sized
to supply not more than 100 percent of the metered historic usage
or reasonably expected future usage; and
(b) In the case of meters serving tenant units, a capacity of not
more than 25 kilowatts per unit; and
7. Is net metered by the utility by allocating net metering
credits either to common -area meters or to individually metered
accounts, or both, that receive an allocation, according to the
allocation schedule provided by the owner of the energy system,
without requiring the energy system to be physically
interconnected with the meter of each user.
Sec. 9. Any tariff or contract which relates to a solar-
powered affordable housing system must include, without
limitation:
1. The particular limitations and responsibilities of a
customer-generator who is an owner of a solar-powered
affordable housing system, a customer-generator who is a user of
a solar-powered affordable housing system and the utility.
2. A provision authorizing the allocation by the owner of a
solar-powered affordable housing system, in consultation with the
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owner of the qualified multifamily affordable housing property
where the solar-powered affordable housing system is located, of
the financial benefits of the electricity produced by the solar-
powered affordable housing system in a manner which ensures
net metering credits are equitably allocated among the tenant
units:
(a) As a percentage of system production in proportion to the
size of each tenant unit measured in square feet; or
(b) In equal proportion to all tenant units, regardless of the
size of each tenant unit.
An equitable allocation of the financial benefits of t he
electricity produced by the solar-powered affordable housing
system to the occupants does not preclude any allocation of the
generation output to common-area accounts.
3. The manner in which the owner of a solar-powered
affordable housing system is re quired to inform and update the
utility on the proper allocation of capacity and its associated
production to customer-generators of the solar-powered affordable
housing system pursuant to section 9.7 of this act. The allocation
of capacity and its associa ted production to customer -generators
of the solar-powered affordable housing system must:
(a) Ensure that not less than 80 percent of the total allocation
is reserved for tenant units . In the event a tenant unit is vacant,
unallocated net metering credit s for that unit that are designated
for assignment to the account of the owner or a common -area
account pursuant to paragraph (b) must not be considered for the
purposes of this paragraph.
(b) Provide the owner with the option to designate the
assignment of unallocated net metering credits to either the
account of the owner or a common-area account.
4. The manner in which a utility is required to meter and bill
customer-generators who are allocated shares of the capacity of a
solar-powered affordable housing system by way of the provision
of net metering credits on the bill of a customer-generator.
5. Provisions governing the interconnection of a solar-
powered affordable housing system to the system of the utility
without requiring the meters of indi vidual users, common -area
meters or owners of the solar-powered affordable housing system
to be directly interconnected to the solar-powered affordable
housing system , including, without limitation, fees for
interconnections, procedures and timelines that are consistent
with the procedures and timelines established for other net
metering systems.
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6. Provisions for the allocation of net metering credits for
each kilowatt -hour of excess electricity, for a system that has a
capacity of:
(a) Not more than 25 kilowatts, in accordance with NRS
704.7732; and
(b) More than 25 kilowatts but not more than 1 megawatt , in
accordance with applicable requirements for a net metering tariff
and a standard net metering contract established by the
Commission pursuant to NRS 704.773.
7. Provisions governing fees or other charges which the
utility may impose on an owner or user of a solar-powered
affordable housing system, which:
(a) Must prohibit the utility from imposing any:
(1) Monthly fee or charge on an owner or user of a solar-
powered affordable housing system for the provision of net
metering credits.
(2) Fee or charge on a user of a solar-powered affordable
housing system to initiate the allocation of net metering credits.
(3) Fee or charge on the owner of a qualified multifamily
affordable housing property, if the person is not the owner of the
solar-powered affordable housing system, for the application to
install a net metering system or to initiate the allocation of net
metering credits.
(4) Fee or charge for a change to the occupancy of a tenant
unit, unless there are two or more such changes to the same
tenant unit in a 12-month period for which a fee or charge may be
imposed pursuant to subparagraph (1) of paragraph (b).
(b) May impose:
(1) For th e second and any subsequent change to the
occupancy of the same tenant unit in a 12 -month period, a fee or
charge for remote connection of the tenant unit to the system
which is associated with establishing service, billed to the owner of
the solar-powered affordable housing system.
(2) A one -time fee or charge on the owner of a solar -
powered affordable housing system to initiate the allocation of net
metering credits for the solar -powered affordable housing system,
in an amount which represents the lesse r of $25 for each user or
$500 for each solar-powered affordable housing system.
8. Provisions governing the manner in which the utility will
provide aggregated and anonymized data relating to net metering
credits to the owner of the solar -powered afford able housing
system, which must require the utility to provide such data on an
annual basis and in a form which is sufficient to enable the owner
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to verify that users of the solar-powered affordable housing system
are provided net metering credits accurately.
Sec. 9.3. An application to qualify for a tariff which relates
to a solar-powered affordable housing system described in section
9 of this act submitted to the utility by an owner or operator of a
solar-powered affordable housing system must include supporting
documentation which shows that the system is part of a qualified
multifamily affordable housing property. The documentation must
include, without limitation:
1. A declaration of active affordability covenants and a
statement regarding the portion of rental housing units that have
active affordability covenants; or
2. A letter of verification from the appropriate entity with the
authority and responsibility to grant federal, state or local funds
pursuant to a program, law or regulation as described in section 5
of this act. The letter of verification must include, without
limitation:
(a) A statement that the solar-powered affordable housing
system is part of a qualified multifamily affordable housing
property;
(b) A description of the type of funding which is granted;
(c) The date on which the funding was granted; and
(d) The number of rental housing units associated with the
funding.
Sec. 9.7. 1. The owner of a solar -powered affordable
housing system shall , in the initial application for a tariff which
relates to a solar -powered affordable housing system described in
section 9 of this act which the owner submits to the utility, inform
the utility of the proper allocation of capacity and its associated
production to customer-generators of the solar-powered affordable
housing system.
2. The utility shall allow the owner of a solar -powered
affordable housing system to submit at least annually updates on
the proper allocation of capacity and its associated pro duction to
customer-generators of the solar -powered affordable housing
system to reflect changes in occupancy, square footage, number of
tenant units and other relevant factors.
Sec. 10. For any tariff or tariffs which relate to a solar-
powered affordable housing system described in section 9 of this
act, eligibility must be limited to a total capacity of not more than
50 megawatts.
Sec. 10.3. 1. In whatever manner is typically used by the
owner or landlord of a qualified multifamily affordable housing
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property to communicate with residents and new tenants, as
applicable, on matters related to common areas and utilities for
the property, the owner or landlord shall:
(a) Not less than 30 days before a solar -powered affordable
housing system is installed on an existing qualified multifamily
affordable housing property, notify residents of occupied tenant
units that a solar-powered affordable housing system will be
installed on the premises of the qualified multifamily affordable
housing property; and
(b) Notify each new tenant of the presence of the solar -
powered affordable housing system on the premises.
2. A notification required by subsection 1 must include,
without limitation:
(a) The nameplate capacity of the solar -powered affordable
housing system, the expected energy production of the system and
a summary of the manner of making the equitable allocations
required by the provisions described in subsection 2 of section 9 of
this act;
(b) The particular limitations and responsibilities of a user of a
solar-powered affordable housing system;
(c) The contact information for the utility; and
(d) The contact information for the appropriate entity with the
authority and responsibility to grant federal, state or local funds
pursuant to a program, law or regulation as described in section 5
of this act.
Sec. 10.7. The provisions of NRS 338.01165 and 338.013 to
338.090, inclusive, apply to any contra ct for construction work
related to a solar-powered affordable housing system financed in
whole or in part by a state or local government, even if the
construction work does not qualify a s a public work, as defined in
NRS 338.010.
Sec. 11. NRS 704.021 is hereby amended to read as follows:
704.021 “Public utility” or “utility” does not include:
1. Persons engaged in the production and sale of natural gas,
other than sales to the public, or engaged in the transmission of
natural gas other than as a comm on carrier transmission or
distribution line or system.
2. Persons engaged in the business of furnishing, for
compensation, water or services for the disposal of sewage, or both,
to persons within this State if:
(a) They serve 25 persons or less; and
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(b) Their gross sales for water or services for the disposal of
sewage, or both, amounted to $25,000 or less during the
immediately preceding 12 months.
3. Persons not otherwise engaged in the business of furnishing,
producing or selling water or services for the disposal of sewage, or
both, but who sell or furnish water or services for the disposal of
sewage, or both, as an accommodation in an area where water or
services for the disposal of sewage, or both, are not available from a
public utility, cooper ative corporations and associations or political
subdivisions engaged in the business of furnishing water or services
for the disposal of sewage, or both, for compensation, to persons
within the political subdivision.
4. Persons who are engaged in the pr oduction and sale of
energy, including electricity, to public utilities, cities, counties or
other entities which are reselling the energy to the public.
5. Persons who are subject to the provisions of NRS 590.465 to
590.645, inclusive.
6. Persons who are engaged in the sale or use of special fuel as
defined in NRS 366.060.
7. Persons who provide water from water storage, transmission
and treatment facilities if those facilities are for the storage,
transmission or treatment of water from mining operations.
8. Persons who are video service providers, as defined in NRS
711.151, except for those operations of the video service provider
which consist of providing a telecommunication service to the
public, in which case the video service provider is a pu blic utility
only with regard to those operations of the video service provider
which consist of providing a telecommunication service to the
public.
9. Persons who own or operate a net metering system described
in paragraph (c) or (d) of subsection 1 of NRS 704.771.
10. Persons who own or operate a net metering system or
systems described in paragraph (a) of subsection 1 of NRS 704.771
and deliver electricity to multiple persons, units or spaces on the
premises if:
(a) The electricity is delivered only to persons, units or spaces
located on the premises on which the net metering system or
systems are located;
(b) The residential or commercial units or spaces do not have
individual meters measuring electricity use by an individual un it or
space; and
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(c) Persons occupying the individual units or spaces are not
charged for electricity based upon volumetric usage at the person’s
individual unit or space.
11. Persons who for compensation own or operate individual
systems which use rene wable energy to generate electricity and sell
the electricity generated from those systems to not more than one
customer of the public utility per individual system if each
individual system is:
(a) Located on the premises of another person;
(b) Used to produce not more than 150 percent of that other
person’s requirements for electricity on an annual basis for the
premises on which the individual system is located; and
(c) Not part of a larger system that aggregates electricity
generated from renewable energy for resale or use on premises other
than the premises on which the individual system is located.
As used in this subsection, “renewable energy” has the meaning
ascribed to it in NRS 704.7715.
12. Persons who own, control, operate or manage a facility that
supplies electricity only for use to charge electric vehicles.
13. Any plant or equipment that is used by a data center to
produce, deliver or furnish electricity at agreed-upon prices for or to
persons on the premises of the data center fo r the sole purpose of
those persons storing, processing or distributing data, but only with
regard to those operations which consist of providing electric
service. As used in this subsection, “data center” has the meaning
ascribed to it in NRS 360.754.
Sec. 12. NRS 704.767 is hereby amended to read as follows:
704.767 As used in NRS 704.766 to 704.776, inclusive, and
sections 2 to 10.7, inclusive, of this act, unless the context
otherwise requires, the words and terms defined in NRS 704.7675 to
704.772, inclusive, and sections 2 to 8, inclusive, of this act have
the meanings ascribed to them in those sections.
Sec. 13. NRS 704.768 is hereby amended to read as follows:
704.768 “Customer-generator” means a user of a net metering
system [.] , including, without limitation:
1. The owner of a solar-powered affordable housing system;
and
2. Any user of a solar-powered affordable housing system
that includes, without limitation, tenant meters and common -area
meters that receive an allocation of the capacity and associated
production of the solar-powered affordable housing system,
regardless of the legal ownership of the solar-powered affordable
housing system.
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Sec. 14. NRS 704.771 is hereby amended to read as follows:
704.771 1. “Net metering system” means:
(a) A facility or energy system for the generation of electricity
that:
(1) Uses renewable energy as its primary source of ener gy to
generate electricity;
(2) Has a generating capacity of not more than 1 megawatt;
(3) Is located on the customer-generator’s premises;
(4) Operates in parallel with the utility’s transmission and
distribution facilities; and
(5) Is intended primarily to offset part or all of the customer -
generator’s requirements for electricity;
(b) A facility or energy system for the generation of electricity
that:
(1) Uses waterpower as its primary source of energy to
generate electricity;
(2) Is located on property owned by the customer-generator;
(3) Has a generating capacity of not more than 1 megawatt;
(4) Generates electricity that is delivered to the transmission
and distribution facilities of the utility; and
(5) Is intended primarily to offset all or part of the customer -
generator’s requirements for electricity on that property or
contiguous property owned by the customer-generator; [or]
(c) A facility or energy system for the generation of electricity:
(1) Which uses wind power as its primary source of energy
to generate electricity;
(2) Which i s located on property owned or leased by an
institution of higher education in this State;
(3) Which h as a generating capacity of not more than 1
megawatt;
(4) Which operates in paralle l with the utility’s transmission
and distribution facilities;
(5) Which i s intended primarily to offset all or part of the
customer-generator’s requirements for electricity on that property or
on contiguous property owned or leased by the customer-generator;
(6) Which is used for research and workforce training; and
(7) The construction or installation of which is commenced
on or before December 31, 2011, and is completed on or before
December 31, 2012 [.] ; or
(d) A solar-powered affordable housing system.
2. The term does not include a facility or energy system for the
generation of electricity , other than a solar-powered affordable
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housing system, which has a generating capacity that exceeds the
greater of:
(a) The limit on the demand that the class of customer of the
customer-generator may place on the system of the utility; or
(b) One hundred percent of the customer -generator’s annual
requirements for electricity.
Sec. 15. NRS 704.773 is hereby amended to read as follows:
704.773 1. A u tility shall offer net metering in accordance
with the provisions of NRS 704.766 to 704.776, inclusive, and
sections 2 to 10.7, inclusive, of this act to the customer -generators
operating within its service area.
2. If the net metering system of a custom er-generator who
accepts the offer of a utility for net metering has a capacity of not
more than 25 kilowatts, the utility:
(a) Shall offer to make available to the customer -generator an
energy meter that is capable of registering the flow of electricity in
two directions.
(b) May, at its own expense and with the written consent of the
customer-generator, install one or more additional meters to monitor
the flow of electricity in each direction.
(c) Except as otherwise provided in subsection 7, shall not
charge the customer -generator any fee or charge that is different
than that charged to other customers of the utility in the rate class to
which the customer -generator would belong if the customer -
generator did not have a net metering system.
(d) Shall n ot reduce the minimum monthly charge of the
customer-generator based on the electricity generated by the
customer-generator and fed back to the utility.
3. If the net metering system of a customer -generator who
accepts the offer of a utility for net mete ring has a capacity of more
than 25 kilowatts, the utility:
(a) May require the customer -generator or, if the net metering
system is a solar-powered affordable housing system, the owner of
the solar-powered affordable housing system to install at its own
cost:
(1) An energy meter that is capable of measuring generation
output and customer load; and
(2) Any upgrades to the system of the utility that are required
to make the net metering system compatible with the system of the
utility.
(b) Except as ot herwise provided in paragraph (d) and
subsection 7, shall not charge the customer -generator any fee or
charge that is different than that charged to other customers of the
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utility in the rate class to which the customer -generator would
belong if the customer-generator did not have a net metering system,
including, without limitation, customer, demand and facility
charges.
(c) Shall not reduce the minimum monthly charge of the
customer-generator based on the electricity generated by the
customer-generator and fed back to the utility.
(d) Shall not charge the customer-generator any standby charge.
4. At the time of installation or upgrade of any portion of a net
metering system, the utility must allow a customer -generator or
owner of the solar -powered affo rdable housing system, if
applicable, governed by subsection 3 to pay the entire cost of the
installation or upgrade of the portion of the net metering system.
5. Except as otherwise provided in subsections 2, 3 and 6 and
NRS 704.7732, the utility shall not for any purpose assign a
customer-generator to a rate class other than the rate class to which
the customer-generator would belong if the customer -generator did
not have a net metering system, including, without limitation, for the
purpose of any fee or charge.
6. If the net metering system of a customer -generator is a net
metering system described in paragraph (b) or (c) of subsection 1 of
NRS 704.771 and:
(a) The system is intended primarily to offset part or all of the
customer-generator’s require ments for electricity on property
contiguous to the property on which the net metering system is
located; and
(b) The customer-generator sells or transfers his or her interest
in the contiguous property,
the net metering system ceases to be eligible to participate in net
metering.
7. A utility shall assess against a customer-generator:
(a) If applicable, the universal energy charge imposed pursuant
to NRS 702.160; and
(b) Any charges imposed pursuant to chapter 701B of NRS or
NRS 704.7827 or 704.785 which are assessed against other
customers in the same rate class as the customer-generator.
For any such charges calculated on the basis of a kilowatt -hour
rate, the customer -generator must only be charged with respect to
kilowatt-hours of energy delive red by the utility to the customer -
generator.
8. The Commission and the utility must allow a customer -
generator who accepts the offer of the utility for net metering to
continue net metering pursuant to NRS 704.766 to 704.776,
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inclusive, and sections 2 to 10.7, inclusive, of this act at the
location at which the net metering system is originally installed for
20 years. For the purposes of this subsection, “to continue net
metering” includes, without limitation:
(a) Retaining the percentage set forth in s ubsection 3 of NRS
704.7732 to be used to determine the credit for electricity governed
by paragraph (c) of subsection 2 of NRS 704.775, which is
applicable to the customer-generator; and
(b) Replacing the originally installed net metering system, as
needed, at any time before 20 years after the date of the installation
of the originally installed net metering system.
9. The Commission shall adopt regulations prescribing the
form and substance for a net metering tariff and a standard net
metering contract. The regulations must include, without limitation:
(a) The particular provisions, limitations and responsibilities of
a customer-generator which must be included in a net metering tariff
with regard to:
(1) Metering equipment;
(2) Net energy metering and billing; and
(3) Interconnection,
based on the allowable size of the net metering system.
(b) The particular provisions, limitations and responsibilities of
a customer -generator and the utility which must be included in a
standard net metering contract.
(c) A timeline for processing applications and contracts for net
metering applicants.
(d) Any other provisions the Commission finds necessary to
carry out the provisions of NRS 704.766 to 704.776, inclusive [.] ,
and sections 2 to 10, inclusive, of this act.
Sec. 16. NRS 704.775 is hereby amended to read as follows:
704.775 1. The billing period for net metering must be a
monthly period.
2. The net energy measurement must be calculated in the
following manner:
(a) The utility shall measure, in kilowatt -hours, the net
electricity produced or consumed during the billing period [,] :
(1) For a net metering system that serves only one meter, in
accordance with normal metering practices.
(2) For a solar-powered affordable housing system that
serves multiple meters, by measuring the total generation output of
the solar-powered affordable housing system using a production
meter. The utility shall, for capacity allocations, calculate the total
kilowatt-hour output associated with each use r’s allocated share
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of the solar-powered affordable housing system’s production and
deduct the allocated total kilowatt -hour output from each user’s
total measured consumption.
(b) If the electricity supplied by the utility exceeds the electricity
generated by the customer -generator , or the customer -generator’s
allocated share of the electricity generated by a solar-powered
affordable housing system, which is fed back to the utility during
the billing period, the customer -generator must be billed for the net
electricity supplied by the utility.
(c) Except as otherwise provided in NRS 704.7732, if the
electricity generated by the customer -generator , or the customer -
generator’s allocated share of the electricity generated by a solar-
powered affordable housing system, which is fed back to the utility
exceeds the electricity supplied by the utility during the billing
period:
(1) Neither the utility nor the customer-generator is entitled
to compensation for the electricity provided to the other during the
billing period.
(2) The excess electricity which is fed back to the utility
during the billing period is carried forward to the next billing period
as an addition to the kilowatt -hours generated by the customer -
generator in that billing period. If the customer -generator is billed
for electricity pursuant to a time -of-use rate schedule, the excess
electricity carried forward must be added to the same ti me-of-use
period as the time-of-use period in which it was generated unless the
subsequent billing period lacks a corresponding time -of-use period.
In that case, the excess electricity carried forward must be
apportioned evenly among the available time-of-use periods.
(3) Excess electricity may be carried forward to subsequent
billing periods indefinitely, but a customer -generator is not entitled
to receive compensation for any excess electricity that remains if:
(I) The net metering system ceases to o perate or is
disconnected from the utility’s transmission and distribution
facilities;
(II) The customer -generator ceases to be a customer of
the utility at the premises served by the net metering system; or
(III) The customer -generator transfers the net metering
system to another person.
(4) The value of the excess electricity must not be used to
reduce any other fee or charge imposed by the utility.
3. If the cost of purchasing and installing a net metering system
was paid for:
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(a) In whole or in part by a utility, the electricity generated by
the net metering system shall be deemed to be electricity that the
utility generated or acquired from a renewable energy system for the
purposes of complying with its portfolio standard pursuant to NRS
704.7801 to 704.7828, inclusive.
(b) Entirely by a customer -generator, including, without
limitation, a customer -generator that is the owner of a solar-
powered affordable housing system, the Commission shall issue to
the customer -generator portfolio energy c redits for use within the
system of portfolio energy credits adopted by the Commission
pursuant to NRS 704.7821 and 704.78213 equal to the electricity
generated by the net metering system.
4. A bill for electrical service is due at the time established
pursuant to the terms of the contract between the utility and the
customer-generator.
Sec. 17. NRS 704.7865 is hereby amended to read as follows:
704.7865 1. An electric utility shall offer an expanded solar
access program to low-income eligible customers within its service
area in accordance with the provisions of this section. The size of
the expanded solar access program shall not exceed:
(a) For an electric utility that primarily serves densely populated
counties, a total capacity of 240,000 megawatt-hours; and
(b) For an electric utility that primarily serves less densely
populated counties, a total capacity of 160,000 megawatt-hours.
2. The Commission shall adopt regulations establishing
standards for the expanded solar access program. Th e regulations
must:
(a) Advance the development of solar energy resources in this
State, including, without limitation, utility scale and community -
based solar resources;
(b) Provide for the expanded solar access program to include a
reasonable mixture o f community-based solar resources and utility
scale solar resources;
(c) [Provide a plan for community participation in the siting and
naming of community -based solar resources; ] For community -
based solar resources:
(1) Require a process for open biddin g or requests for
proposals for the selection of sites for community -based solar
resources;
(2) Prioritize the selection of sites for community -based
solar resources that provide resiliency for the electric grid and
benefits for the community; and
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(3) Require construction of additional community -based
solar resources in proportion to increased participation in the
expanded solar access program;
(d) Provide for solar workforce innovations and opportunity
programs related to the construction, maintenance and operation of
solar resources, including opportunities for workforce training,
apprenticeships or other job opportunities at community -based solar
resources;
(e) Provide for equitably broadened access to solar energy;
(f) Provide for the creation of an expanded solar access program
rate for participating low-income eligible customers that:
(1) Is based, among other factors, on a new utility scale solar
resource accepted by the Commission in an order issued pursuant to
NRS 704.751, as approved by the Commission;
(2) Is a fixed rate that replaces the base tariff energy rate and
deferred accounting adjustment charged by the electric utility for
participating low-income eligible customers and which is adjusted
in accordance with the Commission’s quarterly calculations;
(3) [For low -income eligible customers, provides ] Provides
for a lower rate, the cost of which must be allocated across all of the
rate classes of the utility; and
(4) [For eligible customers who are not lo w-income eligible
customers, provides stability and predictability and the opportunity
for a lower rate; and
(5)] Includes [for all participating customers ] any other
applicable charges including, without limitation, the universal
energy charge, franchis e fees, the renewable energy program rate
and base tariff general rates, except that the Commission [may] :
(I) May reduce one or more of these charges for
participating low-income eligible customers to ensure that such
customers receive a lower rate pursuant to subparagraph (3); and
(II) For a participating low -income eligible customer
who is supported with specific funding from the Nevada Clean
Energy Fund established pursuant to NRS 701B.985 relating to a
Solar for All program, shall require the pa rticipating low-income
eligible customer to achieve the energy savings required for such
funding;
(g) Establish a process for identifying noncontiguous geographic
locations for community -based solar resources which, to the extent
practicable, must be located in communities with higher levels of
low-income eligible customers;
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(h) Provide for the use of at least one utility scale solar resource
and at least three but not more than ten community -based solar
resources within the service territory of the electric utility;
(i) Require not less than 50 percent of the employees engaged or
anticipated to be engaged in construction of community -based solar
resources to be residents of this State, which residency may be
demonstrated, without limitation, by a notarized statement of the
employee that he or she is a resident of this State;
(j) Provide for a mechanism for the host sites of community -
based solar resources to receive compensation from the utility for
the use of such site;
(k) Provide for the use o f a combination of new and other
renewable energy facilities, which may be either utility scale or
community-based solar resources, that were submitted to the
Commission for approval after May 1, 2018, and that were not
placed into operation before April 1, 2020;
(l) Provide for an application and selection process for low-
income eligible customers to participate in the program;
(m) Ensure reasonable and equitable participation by low-
income eligible customers within the service area of the electric
utility;
(n) Ensure that low-income eligible customers are able to
participate in the program regardless of whether the customer owns,
rents or leases the customer’s premises;
(o) [Require that:
(1) Twenty-five percent of the capacity of the program, as
provided in subsection 1, be reserved for low -income eligible
customers;
(2) Twenty-five percent of the capacity of the program, as
provided in subsection 1, be reserved for disadvantaged businesses
and nonprofit organizations; and
(3) Fifty percent of the capacity of the program, as provided
in subsection 1, be reserved for eligible customers who are fully
bundled residential customers who own, rent or lease their residence
and who certify in a statement which satisfies the requirements
established by t he Commission pursuant to paragraph (p) that they
cannot install solar resources on their premises; and
(p)] Establish the requirements for a fully bundled residential
customer to certify that he or she cannot install solar resources on
his or her premises; and
[(q)] (p) Establish standards for the form, content and manner
of submission of an electric utility’s plan for implementing the
expanded solar access program.
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3. An electric utility shall file a plan for implementing the
expanded solar access pro gram in accordance with the regulations
adopted by the Commission pursuant to subsection 2.
4. The Commission shall review the plan for the
implementation of the expanded solar access program submitted
pursuant to subsection 3 and issue an order approvin g, with or
without modifications, or denying the plan within 210 days. The
Commission may approve the plan if it finds that the proposed
expanded solar access program complies with the regulations
adopted by the Commission pursuant to subsection 2.
5. In administering the provisions of this section, the electric
utility and the Commission shall establish as the preferred sites for
utility scale development of solar energy resources pursuant to this
section brownfield sites and land designated by the Secre tary of the
Interior as Solar Energy Zones and held by the Bureau of Land
Management.
6. As used in this section:
(a) “Brownfield site” has the meaning ascribed to it in 42 U.S.C.
§ 9601.
(b) “Community-based solar resource” means a solar resource
which has a nameplate capacity of not more than [1 megawatt ] 5
megawatts and is owned and operated by the electric utility and
connected to and used as a component of the distribution system of
the electric utility [.] , and may include resources for the storage of
energy.
(c) [“Disadvantaged business” means a business for which:
(1) Fifty-one percent or more of the owners are women,
veterans, members of a racial or ethnic minority group or otherwise
part of a traditionally underrepresented group; and
(2) None of the owners has a net worth of more than
$250,000, not including the equity held in the business or in a
primary residence.
(d)] “Electric utility” has the meaning ascribed to it in
NRS 704.187.
[(e)] (d) “Electric utility that primarily ser ves densely populated
counties” has the meaning ascribed to it in NRS 704.110.
[(f)] (e) “Electric utility that primarily serves less densely
populated counties” has the meaning ascribed to it in NRS 704.110.
[(g) “Eligible customer” means:
(1) A fully bundled general service customer; or
(2) A fully bundled residential customer of a utility.
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(h)] (f) “Fully bundled residential customer” means a customer
of an electric utility who receives energy, transmission, distribution
and ancillary services from an electric utility [.
(i) “Fully bundled general service customer” means a fully
bundled customer who is a nonresidential customer with a kilowatt -
hour consumption that does not exceed 10,000 kilowatt -hours per
month.
(j) “Fully bundled residential customer” means a fully bundled
customer who ] and is a single -family or a multifamily residential
customer.
[(k)] (g) “Low-income eligible customer” means a natural
person or household who is a fully bundled residential customer of a
utility and has an in come of not more than 80 percent of the area
median income based on the guidelines published by the United
States Department of Housing and Urban Development.
[(l)] (h) “Solar Energy Zone” means an area identified and
designated by the Bureau of Land Mana gement as an area well -
suited for utility -scale production of solar energy, and where the
Bureau of Land Management will prioritize solar energy and
associated transmission infrastructure development.
[(m)] (i) “Solar resource” means a facility or energy system that
uses a solar photovoltaic device to generate electricity.
[(n)] (j) “Solar workforce innovations and opportunity program”
means a workforce education, training and job placement program
developed by the Department of Employment, Training and
Rehabilitation and its appropriate regional industry or sector
partnership, if applicable, in conjunction with potential employers
and community stakeholders.
[(o)] (k) “Utility scale solar resource” means a solar resource
which has a nameplate capacity o f at least 50 megawatts and is
interconnected directly to a substation of the electric utility through
a generation step-up transformer.
Sec. 18. NRS 704.940 is hereby amended to read as follows:
704.940 1. In a manufactured home park, mobile home par k
or company town where the landlord or owner is billed by a gas or
electric utility or an alternative seller and in turn charges the tenants
or occupants of the dwellings for the service provided by the utility
or alternative seller, and the park or town:
(a) Is equipped with individual meters for each lot, the landlord
or owner shall not charge a tenant or occupant for that service at a
rate higher than the rate paid by the landlord or owner.
(b) Is not equipped with individual meters for each lot, the
landlord or owner shall prorate the cost of the service equally among
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the tenants of the park or occupants of the dwellings who use the
service, but the prorated charges must not exceed in the aggregate
the cost of the service to the landlord or owner.
2. In a manufactured home park, mobile home park or
company town that:
(a) Is equipped with individual water meters for each lot, the
individual meters must be read and billed by the purveyor of the
water.
(b) Is not equipped with individual water meters for each lot and
the landlord or owner is billed by the purveyor of the water and in
turn charges the tenants or occupants of the dwellings for the service
provided by the purveyor, the landlord or owner shall prorate the
cost of the service equally among the tenants of the park or
occupants of the dwellings who use the service, but the prorated
charges must not exceed in the aggregate the cost of the service to
the landlord or owner.
The landlord or owner of a manufactured home park or mobile
home park t hat converts from a master -metered water system to
individual water meters for each mobile home lot shall not charge or
receive any fee, surcharge or rent increase to recover from the
landlord’s or owner’s tenants the costs of the conversion. The owner
of a company town that is not equipped with individual water meters
shall not convert from the master -metered water system to
individual water meters.
3. To the extent that the cost of providing a utility service to
the common area of a manufactured home pa rk, mobile home park
or company town can be identified, the landlord or owner may not
recover the cost of the utility service provided to the common area
by directly charging a tenant or the occupant of a dwelling for those
services.
4. The landlord of a manufactured home park or mobile home
park or owner of a company town may assess and collect a charge to
reimburse the landlord or owner for the actual cost of the service
charge the landlord or owner is required to pay to a water utility
serving the park or town. If the landlord or owner collects such a
charge, the landlord or owner shall prorate the actual cost of the
service charge to the tenants or occupants of dwellings who use
the service. The landlord or owner shall not collect more than the
aggregate cost of the service to the landlord or owner.
5. The landlord may assess and collect a service charge from
the tenants of the park for the provision of gas and electric utility
services, but the amount of the charge must not be more than the
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tenants would be required to pay the utility or alternative seller
providing the service. The landlord shall:
(a) Keep the money from the service charges in a separate
account and expend it only for federal income taxes which must be
paid as a result of the collection of the service charge, for preventive
maintenance or for repairing or replacing utility lines or equipment
when ordered or granted permission to do so by the Commission;
and
(b) Retain for at least 3 years a complete record of all deposits
and withdrawals of money from the account and file the record with
the Commission on or before March 30 of each year.
6. Money collected by the landlord or owner for service
provided by a utility or an alternative seller to the tenants of a
manufactured home park or mobile home park or occupants of the
dwellings may not be used to maintain, repair or replace utility lines
or equipment serving the common area of the manufactured home
park, mobile home park or company town.
7. The owner of a company town who provides a utility service
directly to the occupants of the town may charge the occupants their
pro rata share of the owner’s cost of providing that service. Where
meters are available, the pro rata share must be based on meter
readings. Where meters are not av ailable, the owner shall determine
a fair allocation which must be explained in detail to the
Commission in the reports required by NRS 704.960. The
Commission may modify the allocation in accordance with its
regulations if it determines the owner’s method not to be fair. The
Commission shall adopt regulations governing the determination of
the costs which an owner of a company town may recover for
providing a utility service directly to the occupants of that town and
the terms and conditions governing the provision of that service.
8. The landlord or owner shall itemize all charges for utility
services on all bills for rent or occupancy. The landlord or owner
may pass through to the tenant or occupant any increase in a rate for
a utility service and shall pass through any decrease in a charge for a
utility service as it becomes effective.
9. The landlord or owner shall retain for at least 3 years a copy
of all billings for utility services made to the tenants or the
occupants of the landlord’s or owner’s dwellings and shall make
these records available upon request to the Commission for
verification of charges made for utility services.
10. A landlord whose interest in a manufactured home park or
mobile home park terminates for any reason shall transfer to the
landlord’s successor in interest any balance remaining in the account
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for service charges for utilities. Evidence of the transfer must be
filed with the Commission.
11. The Commission may at any time examine all books and
records which relate to the landlord’s or owner’s purchase of or
billing for a service provided by a utility or an alternative seller if
the landlord or owner is charging the tenants of the manufactured
home park or mobile home park or occupants of the dwellings for
that service.
12. The provisions of this section do not apply to a landlord
or owner who is the owner or operator of a solar-powered
affordable housing system, as defined in section 8 of this act,
except that:
(a) If the owner of a solar-powered affordable housing system
is the landlord of a qualified multifamily affordable housing
property, as defined in section 7 of this act, in which the tenant
units are equipped with individual meters, the owner of the solar-
powered affordable housing system must follow any appli cable
federal laws or regulations to ensure that the owner of the solar-
powered affordable housing s ystem does not charge a tenant or
occupant for utility service at a rate that is higher than the rate
paid by the owner of the solar-powered affordable housing system.
(b) A landlord who is the owner or operator of a solar-powered
affordable housing system shall ensure that the financial benefits
of the electricity produced by the solar -powered affordable
housing system are allocated among the tenant units i n a manner
that is equitable as required by NRS 704.773 and section 9 of this
act.
Sec. 19. Chapter 598 of NRS is hereby amended by adding
thereto the provisions set forth as sections 20 and 21 of this act.
Sec. 20. “Customer-generator” has the meaning ascribed to
it in NRS 704.768.
Sec. 21. “Solar-powered affordable housing system” has the
meaning ascribed to it in section 8 of this act.
Sec. 22. NRS 598.9801 is hereby amended to read as follows:
598.9801 As used in NRS 598.9801 to 598.9822, incl usive,
and sections 20 and 21 of this act, unless the context otherwise
requires, the words and terms defined in NRS 598.9802 to
598.9808, inclusive, and sections 20 and 21 of this act have the
meanings ascribed to them in those sections.
Sec. 23. NRS 598.9804 is hereby amended to read as follows:
598.9804 “Distributed generation system” means a system or
facility for the residential generation of electricity that uses solar
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energy to generate electricity. The term includes a solar -powered
affordable housing system.
Sec. 24. NRS 598.9805 is hereby amended to read as follows:
598.9805 “Host customer” means : [either:]
1. The customer of record of an electric utility at the location
where an energy system that uses photovoltaic cells and solar
energy to generate electricity will be located; [or]
2. A person who has been designated by the customer of record
of an elect ric utility in a letter to the utility explaining the
relationship between that person and the customer of record [.] ; or
3. A customer -generator of a solar -powered affordable
housing system.
Sec. 25. NRS 598.9822 is hereby amended to read as follows:
598.9822 1. A host customer may file a complaint
concerning a solar installation company with the Public Utilities
Commission of Nevada. Upon receipt of a complaint, the
Commission may direct the host customer to the appropriate agency
or person to resolve the complaint.
2. The failure of a person to comply with NRS 598.9801 to
598.9822, inclusive, and sections 20 and 21 of this act constitutes a
deceptive trade practice for the purposes of NRS 598.0903 to
598.0999, inclusive.
3. If a solar installa tion company executes with a purchaser or
lessee an agreement for the purchase or lease of a distributed
generation system or with a host customer a power purchase
agreement and knowingly fails to comply with any requirement of
NRS 598.9801 to 598.9822, in clusive, and sections 20 and 21 of
this act, including, without limitation, by failing to include any
disclosure or information required by NRS 598.9801 to 598.9822,
inclusive, and sections 20 and 21 of this act or knowingly failing to
maintain a recording of a verbal communication as required by NRS
598.98213, the agreement is voidable by the purchaser, lessee or
host customer. The actions of persons who solely conduct
administrative duties or provide administrative services directly to
and for the benefit of the solar installation company are not imputed
to the solar installation company for the purposes of this subsection.
4. A violation of any provision of NRS 598.9801 to 598.9822,
inclusive, and sections 20 and 21 of this act constitutes consumer
fraud for the purposes of NRS 41.600.
5. Any document described in NRS 598.9809 to 598.9821,
inclusive, must be provided in:
(a) English; or
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(b) Any other language, if any person so requests before the
execution of the relevant document.
6. If a solar in stallation company advertises its services or
negotiates orally or in writing any of the requirements of NRS
598.9801 to 598.9822, inclusive, and sections 20 and 21 of this act
in a language other than English or permits an employee or agent of
the solar installation company to so advertise or negotiate, the solar
installation company must deliver a translation of any contract,
agreement or notice described in NRS 598.9801 to 598.9822,
inclusive, and sections 20 and 21 of this act resulting from such
advertising or negotiations in the language in which such advertising
was made or such negotiations occurred to a person who is a party
to such a contract or agreement, or who may sign the contract or
agreement, or who is entitled to receive such notice. The tra nslation
of the contract, agreement or notice must be provided before the
execution of the contract or agreement and include, without
limitation, every term and condition in the contract, agreement or
notice.
Sec. 26. Chapter 624 of NRS is hereby amended by adding
thereto a new section to read as follows:
“Qualified multifamily affordable housing pro perty” has the
meaning ascribed to it in section 7 of this act.
Sec. 27. NRS 624.270 is hereby amended to read as follows:
624.270 1. Before issuing a contractor’s license to any
applicant, the Board shall require that the applicant:
(a) File with the Board a surety bond in a form acceptable to the
Board executed by the contractor as principal with a corporation
authorized to transact surety business in the State of Nevada as
surety; or
(b) In lieu of such a bond, establish with the Board a cash
deposit as provided in this section.
2. Before granting renewal of a contractor’s license to any
applicant, the Board shall require that the applicant file with the
Board satisfactory evidence that the applicant’s surety bond or cash
deposit is in full force, unless the applicant has been relieved of the
requirement as provided in this section.
3. Failure of an applicant or licensee to file or maintain in f ull
force the required bond or to establish the required cash deposit
constitutes cause for the Board to deny, revoke, suspend or refuse to
renew a license.
4. Except as otherwise provided in subsection 6, the amount of
each bond or cash deposit required by this section must be fixed by
the Board with reference to the contractor’s financial and
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professional responsibility and the magnitude of the contractor’s
operations, but must be not less than $1,000 or more than $500,000.
The bond must be continuous i n form and must be conditioned that
the total aggregate liability of the surety for all claims is limited to
the face amount of the bond irrespective of the number of years the
bond is in force. A bond required by this section must be provided
by a person whose long-term debt obligations are rated “A” or better
by a nationally recognized rating agency. The Board may increase
or reduce the amount of any bond or cash deposit if evidence
supporting such a change in the amount is presented to the Board at
the t ime application is made for renewal of a license or at any
hearing conducted pursuant to NRS 624.2545 or 624.291. Unless
released earlier pursuant to subsection 5, any cash deposit may be
withdrawn 2 years after termination of the license in connection
with which it was established, or 2 years after completion of all
work authorized by the Board after termination of the license,
whichever occurs later, if there is no outstanding claim against it.
5. After a licensee has acted in the capacity of a licensed
contractor in the State of Nevada for not less than 5 consecutive
years, the Board may relieve the licensee of the requirement of
filing a bond or establishing a cash deposit if evidence supporting
such relief is presented to the Board. The Board may at a ny time
thereafter require the licensee to file a new bond or establish a new
cash deposit as provided in subsection 4:
(a) If evidence is presented to the Board supporting this
requirement;
(b) Pursuant to subsection 6, after notification of a final wri tten
decision by the Labor Commissioner; or
(c) Pursuant to subsection 7.
If a licensee is relieved of the requirement of establishing a cash
deposit, the deposit may be withdrawn 2 years after such relief is
granted, if there is no outstanding claim against it.
6. If the Board is notified by the Labor Commissioner pursuant
to NRS 607.165 or otherwise receives notification that three
substantiated claims for wages have been filed against a contractor
within a 2-year period, the Board shall require the contractor to file
a bond or establish a cash deposit in an amount fixed by the Board.
The contractor shall maintain the bond or cash deposit for the period
required by the Board.
7. If a contractor who performs work concerning a residential
pool or spa or work concerning a residential photovoltaic system
used to produce electricity:
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(a) Is determined by the Board to have violated one or more of
the provisions of NRS 624.301 to 624.305, inclusive;
(b) Enters into a contract that is later found to be voi d and
unenforceable against the owner pursuant to subsection 5 of NRS
624.940 or pursuant to any regulation adopted by the Board with
respect to contracts for work concerning a residential pool or spa;
(c) Enters into a contract on or after October 1, 2021, that is later
voided by the owner of the single -family residence pursuant to
subsection 6 of NRS 624.875 or pursuant to any regulation adopted
by the Board with respect to contracts for work concerning a
residential photovoltaic system used to produce electricity; [or]
(d) Enters into a contract on or after October 1, 2025, that is
later voided by the owner of the qualified multifamily affordable
housing property pursuant to subsection 6 of NRS 624.875 or
pursuant to any regulation adopted by the Board with respect to
contracts for work concerning a residential photovoltaic system
used to produce electricity; or
(e) Has five valid complaints filed against him or her with the
Board within any 15-day period,
the Board may require the contractor to compl y with the
provisions of subsection 8.
8. If the Board requires a contractor described in subsection 7
to comply with the provisions of this subsection, the contractor
shall, before commencing work concerning a residential pool or spa
or work concerning a residential photovoltaic system used to
produce electricity, obtain:
(a) Except as otherwise provided in this subsection, a
performance bond in an amount equal to not less than 50 percent of
the amount of the contract, conditioned upon the faithful
performance of the contract in accordance with the plans,
specifications and conditions set forth in the contract. The
performance bond must be solely for the protection of the owner of
the property to be improved.
(b) Except as otherwise provided in this sub section, a payment
bond in an amount equal to not less than 50 percent of the amount of
the contract. The payment bond must be solely for the protection
of persons supplying labor or materials to the contractor, or to any
of his or her subcontractors, in carrying out the provisions of the
contract.
A bond required pursuant to this subsection must be provided by
a person whose long-term debt obligations are rated “A” or better by
a nationally recognized rating agency. The contractor shall maintain
the bond for the period required by the Board. The contractor shall
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furnish to the building department of the city or county, as
applicable, in which the work will be carried out, a copy of any
bond. In lieu of a performance or payment bond, the contractor may
obtain an equivalent form of security approved by the Board.
9. As used in this section [, “substantiated] :
(a) “Qualified multifamily affordable housing property” has
the meaning ascribed to it in section 7 of this act.
(b) “Substantiated claim for wag es” has the meaning ascribed
to it in NRS 607.165.
Sec. 28. NRS 624.600 is hereby amended to read as follows:
624.600 1. A general building contractor shall provide in
writing to the owner of a single-family residence or, in the case of a
contract for work concerning a residential photovoltaic system
used to produce electricity on a qualified multifamily affordable
housing property, the owner of the qualified multifamily
affordable housing property with whom he or she has contracted:
[1.] (a) The name, license number, business address and
telephone number of:
[(a)] (1) All subcontractors with whom he or she has contracted
on the project; and
[(b)] (2) All persons who furnish material of the value of $500
or more to be used in the project.
[2.] (b) A notice that a person described in [subsection 1 ]
paragraph (a) may record a notice of lien upon the residence of the
owner and any building, structure and improvement thereon
pursuant to the provisions of NRS 108.226.
[3.] (c) An informational form, whose contents must be
prescribed by the Board, regarding:
[(a)] (1) Contractors pursuant to this chapter; and
[(b)] (2) Mechanics’ and materialmen’s liens pursuant to
chapter 108 of NRS.
2. As used in this section, “qualified multifamily affordable
housing property” has the meaning ascribed to it in section 7 of
this act.
Sec. 29. NRS 624.830 is hereby amended to read as follows:
624.830 As used in NRS 624.830 to 624.895, inclusive, and
section 2 6 of this act, unless the context otherwise requires, the
words and terms defined in NRS 624.835 to 624.855, inclusive, and
section 26 of this act have the meanings ascribed to them in those
sections.
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Sec. 30. NRS 624.855 is hereby amended to read as follows:
624.855 1. “Work concerning a residential photovoltaic
system used to produce electricity” or “work” means any of the
following acts:
(a) The construction, repair, maintenance, restoration, alteration
or improvement of any photovoltaic system used to produce or store
electricity on the customer’s side of an electric meter on a single -
family residence [,] or qualified multifamily affordable housing
property, including, without limitation, the repair or replacement of
existing equipment or the installation of new equipment, as
necessary; or
(b) Any activity for the supervision concerning such work.
2. The scope of such work includes the installation, alteration
and repair of photovoltaic cells, batteries, inverters and storage
systems used in the conversion of s olar energy into electricity and
the storage of that electricity on the customer’s side of an electric
meter on a single -family residence [.] or qualified multifamily
affordable housing property.
3. The term does not include:
(a) Education regarding solar photovoltaics;
(b) Energy audits; or
(c) The advertising or solicitation of such work.
Sec. 31. NRS 624.865 is hereby amended to read as follows:
624.865 1. Any contractor who performs work concerning a
residential photovoltaic system used to produce electricity shall,
regardless of whether the work is performed under the direction of a
builder who is also the owner of the single -family residence or
qualified multifamily affordable housing property, as applicable,
on which the work is being performed:
(a) Apply for and obtain all applicable permits for the work;
(b) Meet all applicable requirements imposed pursuant to this
chapter and any regulations adopted by the Board with respect to
contracts for work concerning a residential photovoltaic system used
to produce electricity; and
(c) Meet all applicable requirements imposed by the Public
Utilities Commission of Nevada or any system for the distribution
of electricity to which the work will interconnect.
2. If a contractor performs work concerning a residential
photovoltaic system used to produce electricity and the work is
performed under the direction of a builder who is also the owner of
the single -family residence or qualified multifamily affordable
housing property, as applicable, on which the work is being
performed, the owner shall comply with all state and local laws and
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ordinances for the submission of names, licenses and information
concerning any required bonds and insurance with respect to the
contractors working on the work.
3. If work concerning a residential photovoltaic system used to
produce electricity is performed under the direction of a builder who
is exempt from having to obtain a license as a contractor because the
builder is also the owner of the single-family residence on which the
work is being performed, a person shall not, directly or indirectly,
perform or offer to perform any act as a consultant, adviser, assistant
or aide to the builder for the purposes of the project, including,
without limitation, any act associated with obtaining permits for the
project, or otherwise hold himself or herself out as being able to
perform such acts, unless the person holds:
(a) A license issued pursuant to this chapter which authorizes
the person to perform such acts; or
(b) Any other license, certificate, registration or permit under
state law which authorizes the person to perform such acts.
Sec. 32. NRS 624.870 is hereby amended to read as follows:
624.870 1. A contractor who receives an initial down
payment or deposit of $1,000 or 10 percent of the aggregate contract
price, whichever is less, for work concerning a residential
photovoltaic system used to produce electricity shall start the work
within 30 days after the date all necessary permits for the work and
all n ecessary approvals from an electric utility into whose system
the residential photovoltaic system used to produce electricity will
interconnect, if any, are issued, unless the person who made the
payment agrees in writing to a longer period.
2. A contrac tor who receives money for work concerning a
residential photovoltaic system used to produce electricity shall
complete the work diligently and shall not refuse to perform any
work agreed to in the contract for any 30-day period.
3. Except as otherwise provided in subsection 4, if satisfactory
payment is made for any portion of the work performed, the
contractor shall, before any further payment is made, furnish to the
owner of the single -family residence or qualified multifamily
affordable housing property, as applicable, on which the work was
performed a full and unconditional release of the contractor’s claim
for a mechanic’s lien for that portion of the work for which payment
has been made.
4. The requirements of subsection 3 do not apply if the contract
for the work provides for the contractor to furnish a bond for
payment and performance or joint control covering full performance
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and completion of the contract and the bond or joint control is
furnished by the contractor.
5. A contract for work concerning a residential photovoltaic
system used to produce electricity must contain a written statement
explaining the rights of the customer under NRS 624.830 to
624.895, inclusive, and section 26 of this act and other relevant
statutes, including, without limitation, NRS 598.9801 to 598.9822,
inclusive [.] , and sections 20 and 21 of this act.
6. A contractor may require final payment for the final stage or
phase of the construction of a residential photovoltaic system used
to produce electricity after the system is deemed complete and any
required inspections are completed.
Sec. 33. NRS 624.875 is hereby amended to read as follows:
624.875 1. The Board may adopt by regulation mandatory
elements to be included in all contracts to be used by contractors for
work concerning a residential photovoltaic system used to produce
electricity. Such mandatory elements must not be waived or limited
by contract or in any other manner. On and after October 1, 2021,
any contract entered into between a contractor and the owner of a
single-family residence for work concerning a residential
photovoltaic system used to produce electricity must comply with
the provisions of NRS 624.830 to 624.895, inclusive, and section 26
of this act and all applicable regulations adopted by the Board. On
and after October 1, 2025, any contract entered into between a
contractor and the owner of a qualified multifamily affordable
housing property for work concerning a residential photovoltaic
system used to produce electricity must comply with the provisions
of NRS 624.830 to 624.895, inclusive, and section 2 6 of this act
and all applicable regulations adopted by the Board. A contract
that does not comply with the provisions of NRS 624.830 to
624.895, inclusive, and section 2 6 of this act and all applicable
regulations adopted by the Board is voidable by the owner of the
single-family residence [.] or qualified multifamily affordable
housing property, as applicable.
2. Any contract for work concerning a residential photovoltaic
system used to produce electricity must contain in writing at least
the following information:
(a) The name of the contractor, his or her address and
contractor’s license number and the monetary limit on that license.
(b) The name and mailing address of the owner of the single -
family residence or qualified multifamily affordable housing
property, as applicable, on which the work is being performed and
the address or legal description of the property.
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(c) The date of execution of the contract.
(d) The estimated date of completion of all work to be
performed under the contract.
(e) A description of the work to be performed under the
contract.
(f) The total amount to be paid to the contractor by the owner of
the single -family residence or qualified multifamily affordable
housing property, as applicable, for all work to be performed under
the contract, including all applicable taxes.
(g) The amount, not to exce ed $1,000 or 10 percent of the
aggregate contract price, whichever is less, of any initial down
payment or deposit paid or promised to be paid to the contractor by
the owner before the start of construction.
(h) A statement that the contractor has provided the owner of the
single-family residence or qualified multifamily affordable
housing property, as applicable, with the notice and informational
form required by NRS 624.600.
(i) A statement that any change in the scope or price of the work
to be performed under the contract must be agreed to in writing by
the parties and incorporated into the original contract as a change
order. A change order is not enforceable against the owner of the
single-family residen ce or qualified multifamily affordable
housing property, as applicable, who is contracting for work
concerning a residential photovoltaic system used to produce
electricity unless the change order sets forth all changes in the scope
and price of the work a nd is accepted by the owner of the single -
family residence [.] or qualified multifamily affordable housing
property, as applicable.
(j) For a project of new work concerning a residential
photovoltaic system used to produce electricity, a plan and scale
drawing showing the shape, size and dimensions of and the
specifications for the construction and equipment for the work
specified in the contract, and a description of the work to be done,
the materials to be used and the equipment to be installed, and the
agreed consideration for the work. For projects which consist
exclusively of repairs to existing work concerning a residential
photovoltaic system used to produce electricity, plans, scale
drawings, equipment specifications and lists of materials and
equipment are not required to be contained in or included with the
contract.
(k) Except as otherwise provided in this subsection and
subsection 3, the dollar amount of any progress payment and the
stage of construction at which the contractor will be entitled to
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collect progress payments from the owner of the single -family
residence or qualified multifamily affordable housing property, as
applicable, during the course of construction under a contract for the
installation of a residential photovoltaic system use d to produce
electricity. The schedule of payments must show the amount of each
payment as a sum in dollars and cents. The schedule of payments
must not provide for the contractor to receive, nor may the
contractor actually receive, payments in excess of 100 percent of the
value of the work performed on the project at any time, excluding
finance charges, except for an initial down payment or deposit.
(l) With respect to a contract with the owner of a single -family
residence executed before October 1, 2021 , if any schedule of
payments set forth in the contract does not comply with the
provisions of this chapter or any regulations adopted pursuant
thereto:
(1) The obligation of the owner of the single -family
residence to make payments in accordance with th e payment
schedule is voidable; and
(2) The lender, if any, may not initiate proceedings to
enforce the payment of any applicable loan unless and until the
contract is reformed or otherwise amended to comply with those
provisions of law.
[(l)] (m) With respect to a contract with the owner of a
qualified multifamily affordable housing property executed before
October 1, 2025, if any schedule of payments set forth in the
contract does not comply with the provisions of this chapter or any
regulations adopted pursuant thereto:
(1) The obligation of the owner of the qualified multifamily
affordable housing property to make payments in accordance with
the payment schedule is voidable; and
(2) The lender, if any, may not initiate proceedings to
enforce the p ayment of any applicable loan unless and until the
contract is reformed or otherwise amended to comply with those
provisions of law.
(n) If a contract with the owner of a single -family residence or
qualified multifamily affordable housing property for the
installation of a residential photovoltaic system used to produce
electricity provides for payment of a commission to a salesperson
out of the contract price, a statement that the payment must be made
on a pro rata basis in proportion to the schedule of p ayments made
to the contractor by the disbursing party in accordance with the
provisions of paragraph (k).
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[(m)] (o) A disclosure of the retail price of a kilowatt -hour, any
offsetting tariff and the identity of the electric utility that furnishes
electric service to the single -family residence or qualified
multifamily affordable housing property, as applicable, at the time
the contract is executed.
Except as otherwise provided in subsection 6, the contract may
contain such other conditions, stipulations or provisions as to which
the parties may agree.
3. The provisions of [paragraph] paragraphs (k) , (l) and (m)
of subsection 2 do not apply if:
(a) The contractor has furnished a bond for payment and
performance covering full performance and completion of the
contract and the cost of the bond is included in the price of the
project;
(b) The contractor builds a residential photovoltaic system used
to produce electricity as part of the original building plan pursuant
to which the contractor builds a single-family residence or qualified
multifamily affordable housing property on the premises; or
(c) The owner of the single -family residence or qualified
multifamily affordable housing property, as applicable, has:
(1) Purchased the residential photovoltai c system used to
produce electricity pursuant to a power purchase agreement as
defined in NRS 598.9807; or
(2) Leased the residential photovoltaic system used to
produce electricity pursuant to a monthly lease contract.
4. The contract must contain:
(a) A method whereby the owner of the single -family residence
or qualified multifamily affordable housing property, as
applicable, may initial provisions of the contract, thereby indicating
that those provisions have been read and are understood.
(b) In cl ose proximity to the signatures of the owner of the
single-family residence or qualified multifamily affordable
housing property, as applicable, and the contractor, a notice stating
that the owner of the single -family residence [:] or qualified
multifamily affordable housing property, as applicable:
(1) May contact the Board or the Public Utilities
Commission of Nevada if assistance is needed to clarify any of the
provisions of the contract that the owner of the single -family
residence or qualified multifamily affordable housing property, as
applicable, does not fully understand;
(2) Has the right to request a bond for payment and
performance if such a bond is not otherwise required pursuant to
NRS 624.270;
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(3) May contact an attorney for an expl anation of the rights
of the owner of the single-family residence or qualified multifamily
affordable housing property, as applicable, under the contract; and
(4) May, if the contract was explained in a language other
than the language in which the contr act is written, ask for a contract
that is written in the language in which the contract was explained.
5. At the time the owner of the single -family residence or
qualified multifamily affordable housing property, as applicable,
signs the contract, the c ontractor shall furnish to the owner of the
single-family residence or qualified multifamily affordable
housing property, as applicable, a legible copy of all documents
signed and a written and signed receipt for any money paid to the
contractor by the own er of the single -family residence [.] or
qualified multifamily affordable housing property, as applicable .
All written information provided in the contract must be printed in
at least 10 -point type. The contract, receipt and other documents
referenced in this subsection may be delivered by electronic means.
6. A condition, stipulation or provision in a contract that
requires a person to waive any right provided by this chapter or any
regulations adopted pursuant thereto or relieves a person of an
obligation or liability imposed by this chapter or those regulations is
void. Failure to comply with the requirements of this section renders
a contract voidable by the owner of the single -family residence [.]
or qualified multifamily affordable housing property, as
applicable.
7. The contractor shall apply for and obtain all necessary
permits and approvals from an electric utility into whose system the
residential photovoltaic system used to produce electricity will
interconnect.
Sec. 34. NRS 624.885 is hereby amended to read as follows:
624.885 1. A contract for work concerning a residential
photovoltaic system used to produce electricity is not enforceable
against the owner of a single -family residence or qualified
multifamily affordable housing property, as applicable, on which
the work is being performed if the obtaining of a loan for all or a
portion of the contract price is a condition precedent to the contract
unless both of the following requirements are satisfied:
(a) The owner of the single -family residence or qualified
multifamily affordable housing property, as applicable, agrees to
accept the loan or financing.
(b) The owner of the single -family residence or qualified
multifamily affordable housing property, as applicable, does not
rescind the l oan or financing transaction within the period
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prescribed for rescission pursuant to the Truth in Lending Act, 15
U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.
2. Unless and until all applicable requirements of subsection 1
are satisfied, a contractor shall not:
(a) Perform or deliver any work, labor, material or services; or
(b) Represent in any manner that the contract is enforceable or
that the owner of the single -family residence or qualified
multifamily affordable housing property, as applicable, has any
obligation under the contract.
Sec. 35. NRS 624.895 is hereby amended to read as follows:
624.895 1. A violation of any provision of NRS 624.830 to
624.895, inclusive, and section 2 6 of this act or any regulation
adopted by the Board with respect to contracts for work concerning
a residential photovoltaic system used to produce electricity by a
contractor:
(a) Constitutes cause for disciplinary action pursuant to NRS
624.300; and
(b) May be reported to the Office of the Attorne y General as a
potential deceptive trade practice pursuant to chapter 598 of NRS.
2. It is unlawful for a person to violate any provision of NRS
624.830 to 624.895, inclusive [.] , and section 26 of this act.
3. Any person who violates any provision of NRS 624.830 to
624.895, inclusive, and section 2 6 of this act shall be penalized
pursuant to the applicable provisions of NRS 624.700 and 624.750.
4. The imposition of a penalty provided for in this section is
not precluded by any disciplinary action taken by the Board against
a contractor pursuant to the provisions of NRS 624.300 to 624.305,
inclusive.
Sec. 36. 1. Not later than December 31, 2025, a utility shall
file with the Public Utilities Commission of Nevada any
amendments to its tariff or tariffs that are necessary to comply with
the provisions of this act.
2. As used in this section, “utility” has the meaning ascribed to
it in NRS 704.772.
Sec. 37. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 36, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2025, for all other purposes.
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3. Section 10 of this act expires by limitation on December 31,
2029.
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