Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 493–Committee
on Growth and Infrastructure
CHAPTER..........
AN ACT relating to waste; requiring certain owners of a distributed
generation system to file certain plans relating to the disposal
of the distributed generation system with the Division of
Environmental Protection of the State Department of
Conservation and Natural Resources; requiring facilities that
recycle materials from a distributed generation system or
utility-scale solar project to file a report with the Division;
requiring a surplus retirement plan to include certain
information relating to the retirement of a utility -scale solar
project; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth certain requirements for agreements for the lease or
purchase of a distributed generation system and for the purchase of the output of a
distributed generation system. (NRS 598.9801 -598.9822) Section 33 of this bill
requires the own er of a distributed generation system that has been leased or from
which a customer is purchasing the output to file with the Division a plan for the
disposal of the distributed generation system at the end of the useful life of the
system. Section 37 of this bill requires an agreement for the lease of a distributed
generation system to include a description of any obligation the lessor has
regarding the disposition of the distributed generation system in accordance with
the plan.
Existing law requires ce rtain electric utilities to file a surplus asset retirement
plan with the Public Utilities Commission of Nevada for each asset classified as
surplus and sets forth certain requirements for the plan. (NRS 704.734) Section 38
of this bill requires a surplus asset retirement plan for certain utility -scale solar
projects to include certain information relating to the decommissioning of a site of
such a project and the restoration of the land.
Section 36.5 of this bill requires each facility that recycles a dis tributed
generation system or utility -scale solar project or a component thereof to submit a
written report to the Division with certain information relating to the materials
received, recycled and recovered by the facility.
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:
Sections 1-32. (Deleted by amendment.)
Sec. 33. Chapter 444 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. In addition to any other requirement set forth in title 58
relating to the disposal of a distributed generation system, an
owner of a distributed generation system that is being leased to a
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customer or from which a customer purchases the output, shall
file with the Division of Environmental Prote ction of the State
Department of Conservation and Natural Resources a written plan
for the disposal of the distributed generation system at the end of
the useful life of the distributed generation system. The plan must:
(a) In lieu of disposal, p rovide for the reuse, refurbishment or
recycling of any solar photovoltaic panels; and
(b) Include, without limitation:
(1) The name of the person that will be responsible for the
disposal of the distributed generation system;
(2) The extent and methods by whi ch the distributed
generation system will be recycled, refurbished or reused; and
(3) For any solar photovoltaic panels that will be recycled,
the percentage rate of the material recovery in weight.
2. Except as otherwise provided in this subsection, the
percentage rate of the material recovery in weight for any solar
photovoltaic panels that will be recycled at the end of the useful
life of a distributed generation system must not be less than 90
percent. The State Environmental Commission may, by
regulations adopted pursuant to subsection 3, prescribe alternative
methods to measure the recycled content of a solar photovoltaic
panel that will be recycled.
3. The State Environmental Commission shall adopt
regulations to carry out the requirements of this section.
4. As used in this section:
(a) “Distributed generation system” means a system or facility
directly installed on or at a residence that uses solar energy to
generate electricity.
(b) “Residence” means any dwelling in which title to t he
individual unit is transferred to the owners.
Secs. 34-36. (Deleted by amendment.)
Sec. 36.5. Chapter 444A of NRS is hereby amended by adding
thereto a new section to read as follows:
1. On or before March 1 of each year, each facility that
recycles a distributed generation system or utility -scale solar
project, or a component thereof, shall submit to the Division of
Environmental Protection of the State Department of
Conservation and Natural Resources, in the form prescribed by
the Division, a written report for the previous calendar year
containing:
(a) The total volume or tonnage of materials received by the
facility;
(b) The total volume or tonnage of materials recycled; and
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(c) The recovery rates of materials recycled from a distributed
generation system or utility -scale solar project by the facility in
this State.
2. As used in this section:
(a) “Distributed generation system” has the meaning ascribed
to it in section 33 of this act.
(b) “Utility-scale solar project” has the meaning ascribed to it
in section 38 of this act.
Sec. 37. NRS 598.9811 is hereby amended to read as follows:
598.9811 An agreement for the lease of a distributed
generation system must include, without limitation, the following
information in at least 10-point font:
1. The name, mailing address, telephone number and number
of the contractor’s license of the solar installation company.
2. The name, mailing address and telephone number of:
(a) The lessor of the distributed generation system; and
(b) The name, mailing address and telepho ne number of the
person responsible for all maintenance of the distributed generation
system, if different from the solar installation company.
3. An estimated timeline for the installation of the distributed
generation system.
4. The length of the term of the lease.
5. A general description of the distributed generation system.
6. The amounts due at the signing for and at the completion of
the installation or any inspection of the distributed generation
system.
7. A description of any warranties.
8. The amount of the:
(a) Monthly payments due under the lease; and
(b) Total payments due under the lease, excluding taxes.
9. A description of any other one -time or recurring charges,
including, without limitation, a description of the circumstances that
trigger any late fees.
10. A description of any obligation the lessor has regarding the
installation, repair or removal of the distributed generation system.
11. A description of any obligation the lessor has regarding
construction of and insurance for the distributed generation system.
12. A description of any:
(a) Taxes due at the commencement of the lease; and
(b) Estimation of taxes known to be applicable during the term
of the lease, subject to any change in the state or local tax rate or tax
structure.
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13. A copy of the warranty for the distributed generation
system.
14. A disclosure notifying the lessee of the transferability of
the obligations under the warranty to a subsequent lessee.
15. A description of any obligation the les sor has regarding
the disposition of the distributed generation system in accordance
with the plan filed pursuant to section 33 of this act.
16. The identification of any state or federal tax incentives that
are included in calculating the amount of the monthly payments due
under the lease.
[16.] 17. A description of the ownership of any tax credits, tax
rebates, tax incentives or portfolio energy credits in connection with
the distributed generation system.
[17.] 18. Any terms for renewal of the lease.
[18.] 19. A description of any option to purchase the
distributed generation system before the end of the term of the lease.
[19.] 20. A description of all options available to the host
customer in connection with the continuation, termination o r
transfer of the lease in the event of the:
(a) Sale of the property to which the distributed generation
system is affixed; or
(b) Death of the lessee.
[20.] 21. A description of any restrictions that the lease
imposes on the modification or transfer of the property to which the
distributed generation system is affixed.
[21.] 22. The granting to the lessee of the right to rescind the
lease for a period ending not less than 3 business days after the lease
is signed.
[22.] 23. An estimate of the amount of electricity that could be
generated by the distributed generation system in the first year of
operation.
[23.] 24. A signature block that is signed and dated by the
lessor and the lessee of the distributed generation system.
Sec. 38. NRS 704.734 is hereby amended to read as follows:
704.734 1. For each asset which has been classified as
surplus by an electric utility pursuant to NRS 704.7338 or
reclassified as surplus by the Commission pursuant to NRS
704.7339, each electric utility which owns all or part of the asset
shall file a surplus asset retirement plan with the Commission within
120 days after the asset has been classified or reclassified as surplus.
Such a plan is subject to the approval of the Commission.
2. A surplus asset retirement plan must include:
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(a) A brief description of the asset, including without limitation,
its generating capacity, its current condition and any details
regarding ownership.
(b) A plan for the decommissionin g of the site, including
without limitation, the closure of any remaining operational
activities, any required environmental remediation, the removal and
disposal of any physical assets deemed unsuitable for
redevelopment and remediation, as determined by the Division of
Environmental Protection of the State Department of Conservation
and Natural Resources pursuant to NRS 704.7318, or, if
decommissioning is underway or completed, a full description of the
decommissioning program.
(c) A marketing plan for t he sale of the asset, prepared in
consultation with the Office of Economic Development, which must
disclose any environmental issues or other restrictions and
emphasize the value of the asset in its marketplace.
(d) A timeline for implementation of the pl an, including without
limitation, key dates for completion of benchmarks including a final
sale date. To the extent reasonably possible, the timeline must
indicate a final sale date that is within 30 months after
commencement of the plan.
(e) For each uti lity-scale solar project with a nameplate
capacity of 70 megawatts or more:
(1) The name, address and contact information of the
landowner on which the utility -scale solar project is sited, if the
owner is not the electric utility or an independent power producer;
(2) A narrative description of how the decommissioning of
the site will be conducted, including, without limitation, the
sequencing of the decommissioning, the disposition of any
materials used for the decommissioning, including, without
limitation, any materials used for the disposition, reuse or
recycling of equipment;
(3) A schedule for completion of the decommissioning;
(4) A narrative description of how the land will be returned
to a substantially similar state of the land as it exist ed before
construction of the utility-scale solar project;
(5) Any equipment relating to the utility -scale solar project
that is proposed to be salvaged;
(6) An estimate of the costs of decommissioning, including,
without limitation, any costs of recyc ling, and restoring the land;
and
(7) A description of the manner in which the surplus asset
retirement plan will be funded in accordance with NRS 704.870.
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3. As used in this section:
(a) “Independent power producer” means a generating facility
that is connected to the system but is not owned by a public utility.
The term includes any qualifying cogeneration or small power
production facility subject to 18 C.F.R. Part 292 and any exempt
wholesale generator, as that term is defined in 15 U.S.C. § 79z-5a,
that is connected to the system but is not owned by a public utility.
The term does not include distributed generation.
(b) “Utility-scale solar project” means a ground -mounted
photovoltaic project capable of generating 70 megawatt s or more
that is directly connected to an electric transmission system. The
term includes, without limitation, solar arrays, accessory
buildings, battery storage facilities, transmission facilities and any
other infrastructure necessary for the operation of the project.
Sec. 39. 1. This section and sections 1 to 32, inclusive, 34,
35, 36 and 38 of this act become effective on October 1, 2025.
2. Sections 33, 36.5 and 37 of this act become effective on
January 1, 2028.
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