Read the full stored bill text
- 83rd Session (2025)
Senate Bill No. 379–Senators Doñate; Cruz-Crawford,
Daly, Flores, Steinbeck and Stone
Joint Sponsors: Assemblymembers Moore; and Watts
CHAPTER..........
AN ACT relating to commerce; imposing various requirements
upon a distributed generation system financier who finances
the purchase of or leases a distributed generation system or
contracts for a power purchase agreement; revising
requirements for solar installation companies that sel l and
install distributed generation systems; imposing certain
requirements and restrictions upon persons who generate
leads or referrals to perform work concerning a distributed
generation system; establishing and revising certain
requirements for the con tents of an agreement for the
provision of a distributed generation system loan, an
agreement for the purchase or lease of a distributed
generation system and a power purchase agreement; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of installment lenders by
the Commissioner of Financial Institutions. (Chapter 675 of NRS) Section 1 of this
bill prohibits an installment lender from engaging in any deceptive trade practice.
Existing law imposes certain requirements on solar installation companies that
sell and install distributed generation systems in this State. Existing law prescribes
certain contractual requirements for an agreement for the purchase or lease of a
distributed generation system and a power purchase agreement. (NRS 598.9801 -
598.9822) Sections 23.1-23.3 of this bill impose various requirements on
distributed generation system financiers and contractual requirements for an
agreement for the provision of a distributed generation system loan , an agreement
for the lease of a distributed generation system and a power purchase agreement.
Section 23.11 defines “distributed generation system financier” to mean, in general,
a person who provides a distributed generation system loan, leases a distributed
generation system or enters into a contract for a power purchase agreement. Section
23.12 defines “distributed generation system loan” to mean a loan made for the
express purpose of financing the purchase of a distributed generation system or any
part thereof.
Section 23.13 prohibits a distributed generation system financier from charging
a borrower, lessee, host customer or prospective borrower, lessee or host customer
certain fees that are attributable to a fee imposed on the financier by a third party in
an amount that exceeds the actual amount of the fee charged to the financier by the
third party. Section 23.14 sets forth certain requirements for the contents of an
agreement for the provision of a distributed generation system loan. Section 23.16
requires a distributed generation system financier to provide to a borrower , lessee
or host c ustomer a copy of an agreement for the provision of the distributed
generation system loan , an agreement for the lease of a distributed generation
system or a power purchase agreement immediately after it is signed by the
borrower, lessee or host customer.
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Section 23.17 sets forth certain requirements for a distributed generation
system financier with respect to a distributed generation system that will be
installed on the roof of a manufactured home.
Section 23.18 requires a distributed generation system financier to ensure that
any solar installation company that will install a distributed generation system that
is leased by the financier or for which a power purchase agreement or agreement
for the provision of a distributed generation system loan has been executed by the
financier holds the proper contractor’s license and is acting within the monetary
limit of that license. If a distributed generation system financier fails to do so, the
loan agreement, lease agreement or power purchase agreement is voidable by the
borrower, lessee or host customer for a certain period. Additionally, section 23.18
prohibits a distributed generation system financier from p roviding any money
pursuant to a loan agreement, lease agreement or power purchase agreement to a
solar installation company that does not have the proper contractor’s license or who
is acting outside the monetary limit of such a license. Section 23.21 additionally
prohibits such a financier from making certain payments to a solar installation
company before the distributed generation system has received permission from the
appropriate public utility to connect to the power grid or, if the system will not be
connected to the power grid, has passed a final inspection and become operational.
Section 23.19 requires a distributed generation system financier to make and
retain certain recordings with a borrower or lessee. Section 31 of this bill : (1)
removes the duty of a solar installation company to make certain recordings
concerning a lessee which is imposed in section 23.19 on a distributed generation
system financier; and (2) increases, from 4 years to 5 years, the amount of time a
solar installation company is required to maintain certain recordings.
Section 23.22 prohibits a distributed genera tion system financier from causing
a distributed generation system to be disconnected or otherwise unusable for the
failure of a borrower , lessee or host customer to make any payment required under
an agreement for the provision of a distributed generation system loan , an
agreement for the lease of a distributed generation system or a power purchase
agreement unless the borrower, lessee or host customer, as applicable, has failed to
make three consecutive monthly payments required under the agreement.
Section 23.3 requires a distributed generation system financier to comply with
all applicable federal laws and regulations.
Section 23.23 provides that the assignee of an agreement for the provision of a
distributed generation system loan , an agreement for the lease of a distributed
generation system or a power purchase agreement is subject to all claims and
defenses of the borrower, lessee or host customer against the distributed generation
system financier who provided the loan or entered into the lease or power purchase
agreement. Under section 23.23, the liability of the assignee is limited to the
amount owed to the assignee at the time the claim or defense is asserted against
assignee.
Section 23.24 prohibits a distributed generation system financier from
advertising any false, misleading or deceptive statement with regard to any rate that
may be charged by a public utility for electricity.
Under existing law, a lessee or purchaser of a distributed generation system or a
host customer has the right t o rescind the lease or purchase agreement 3 business
days after the agreement is signed. (NRS 598.98216) Sections 23.14, 23.15, 26-30
and 32 of this bill provide a borrower, lessee , purchaser or host customer the right
to rescind an agreement for the provi sion of a distributed generation system loan , a
lease or purchase agreement or a power purchase agreement: (1) 3 business days
after signing, if the person is less than 60 years of age; and (2) 10 business days
after signing, if the person is 60 years of a ge or older. Sections 23.15, 23.2, 26-30
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and 32 of this bill also provide a borrower, lessee , purchaser or host customer the
right to rescind such an agreement if the results of a required on-site physical
survey of the premises conducted after the execution of the agreement would
require the alteration of the terms of the agreement to increase the price of the
distributed generation system or , with certain exceptions, change the type of
equipment used for the distributed generation system.
Section 23.4 of this bill imposes certain requirements and restrictions upon a
person who generates leads or referrals to perform work concerning a distributed
generation system. Section 23.6 of this bill prohibits a solar installation company
from accepting any payment as an initial down payment or deposit to be paid for
the installation of a distributed generation system that exceeds a certain amount.
Section 23.8 of this bill prohibits a solar installation company, a person who
generates lea ds or referrals to perform work concerning a distributed generation
system or a distributed generation system financier from engaging in certain
conduct, including, without limitation, certain specified deceptive or fraudulent
conduct in connection with th e lease or purchase of a distributed generation system
or the contracting for a power purchase agreement.
Section 24 of this bill makes a conforming change so that the definitions
applicable to the provisions of existing law governing distributed generat ion
systems apply to sections 23.1-23.8. Section 33 of this bill provides that a violation
of sections 23.1-23.8 constitutes a deceptive trade practice and consumer fraud.
Sections 23.6, 27, 29 and 30 also provide that a borrower, lessee , purchaser or
host customer is not required to pay any money to a distributed generation system
financier or solar installation company , except for an initial deposit or down
payment that does not exceed a certain amount, before the distributed generation
system has received permission from the appropriate public utility to connect to the
power grid or, if the system will not be connected to the power grid, has passed a
final inspection and become operational.
Sections 27 and 29 additionally impose certain duties on a solar installation
company if a distributed generation system fails to meet the estimated amount of
production in the first year of operation of the system. Sections 23.14, 29 and 30 of
this bill require an agreement for the provision of a distributed generation system
loan, an agreement for the lease of a distributed generation system or a power
purchase agreement to contain information concerning whether a borrower, lessee
or host customer may transfer the agreement in the event of a sale of the property to
which the distributed generation system is affixed and the process to complete a
payoff of any amount owed under the agreement. Sections 27, 29 and 30
additionally require certain other provisions and dis closures to be included in an
agreement for the purchase or lease of a distributed generation system and a power
purchase agreement.
Existing law excludes from the definition of “solar installation company” a
person who generates leads or referrals to pe rform work concerning a distributed
generation system, if the person’s activities are limited to certain specified
activities. (NRS 598.9808) Section 25 of this bill requires such a person to collect
only the name, contact information and information conce rning the power bill of a
prospective purchaser or lessee. Section 25 additionally prohibits such a person
from engaging in advertising through any media other than print media.
Section 23.7 of this bill authorizes the State Contractors’ Board to adopt
regulations that require any employee of a solar installation company to submit to a
background check and which set forth requirements for such background checks.
Sections 23.14, 26 and 29.5 of this bill require an agreement for the provision
of a distributed generation system loan and the cover page for an agreement for the
lease of a distributed generation system or power purchase agreement to
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prominently display at the top of the agreement or cover page the length of the term
of the agreement and a description of the consequences if the borrower , lessee or
host customer dies during the term of the agreement.
Sections 26, 28 and 29.5 of this bill require the cover page of an agreement for
the lease or purchase of a distributed generation system or a power purchase
agreement to contain certain information relating to the amount paid by the
company for certain leads and referrals and certain notice relating to the terms of
the agreement. Sections 26, 28 and 29.5 also require such a cover page to contain a
statement providing certain information concerning financial covenants and
restrictions that may affect the future sale or transferability of the property of the
purchaser, lessee or host customer.
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. Chapter 675 of NRS is hereby amended by adding
thereto a new section to read as follows:
A licensee shall not engage in any deceptive trade practice as
defined in chapter 598 of NRS.
Secs. 2, 3, 3.5, 4, 4.5 and 5-22. (Deleted by amendment.)
Sec. 23. Chapter 598 of NRS is hereby amended by adding
thereto the provisions set forth as sections 23.1 to 23.8, inclusive, of
this act.
Sec. 23.1. “Borrower” means a person who receives a
distributed generation system loan from a distributed generation
system financier.
Sec. 23.11. 1. “Distributed generation system financier”
means a person who:
(a) Provides a distributed generation system loan to a borrower
in this State;
(b) Leases a distributed generation system or any part thereof
to a lessee in this State; or
(c) Enters into a contract for a power purchase agreement with
a host customer in this State.
2. The term does not include a third party who is a passive
investor or a tax equity partner of a distributed generation system
financier that provides money to a distributed generation system
financier and who is not directly involved in the sale or lea se of or
the contracting for a distributed generation system.
Sec. 23.12. “Distributed generation system loan” means a
loan made for the express purpose of financing the purchase of a
distributed generation system or any part thereof.
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Sec. 23.13. A dis tributed generation system financier shall
not charge a borrower, lessee, host customer or prospective
borrower, lessee or host customer any fee in connection with the
provision of a distributed generation system loan, the lease of a
distributed generation system or the contracting for a power
purchase agreement that is attributable to a fee imposed on the
distributed generation system financier by a third party, including,
without limitation, a fee imposed for the performance of a credit
check, in an amoun t that exceeds the actual amount of the fee
charged to the distributed generation system financier by the third
party.
Sec. 23.14. In addition to any other applicable requirements,
an agreement between a distributed generation system financier
and a borr ower for the provision of a distributed generation
system loan must include, without limitation:
1. The following information prominently displayed at the top
of the first page of the agreement in at least 16-point font:
(a) Notice of the term of the loan; and
(b) A description of the consequences if the borrower dies
before the loan is repaid.
2. The following information in at least 10-point font:
(a) The name, mailing address, electronic mail address and
telephone number of the distributed generation system financier.
(b) A provision that provides that the borrower is not required
to pay any money to the distributed generation system financier
under the agreement, other than an initial down payment or
deposit that may be charged in an amount that does not exceed
$1,000 or 10 percent of the aggregate contract price, whichever is
less, if the borrower has not paid that amount to the solar
installation company under the agreement for the purchase of the
distributed generation system, until:
(1) If the distributed generation system will be connected to
the power grid, the distributed generation system receives
permission from the appropriate public utility to connect to the
power grid.
(2) If the distributed generation system will not be
connected to the power grid, the distributed generation system
passes a final inspection and becomes operational.
(c) The granting to the borrower of the right to rescind the
agreement for a period of:
(1) For a borrower who is less than 60 years of age, 3
business days after the agreement is signed.
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(2) For a borrower who is 60 years of age or older, 10
business days after the agreement is signed.
(d) The granting to the borrower of the right to rescind the
agreement pursuant to section 23.2 of this act.
(e) A description of all the options available to the borrower in
the event of a sale or transfer of the property to which the
distributed generation system is affixed, including, without
limitation, whether the borrower may transfer the agreement to
the purchaser or transferee of the property, the conditions of any
such transfer and the process to complete a payoff of the amount
owed under the agreement.
Sec. 23.15. 1. Any borrower who enters into or signs an
agreement for the provision of a distributed generation system
loan may rescind or cancel the agreement without any penalty or
obligation by giving notice in writing to the distributed generation
system financier either by delivering, mailing or telegraphing such
notice or sending such notice by ele ctronic mail not later than
midnight of the:
(a) For a borrower who is less than 60 years of age, third
business day after the date the agreement was entered into or
signed.
(b) For a borrower who is 60 years of age or older, t enth
business day after the date the agreement was entered into or
signed.
(c) For a rescission pursuant to section 23.2 of this act, third
business day after the receipt of the results of an on -site physical
survey described in section 23.2 of this act.
2. The notice required by subsection 1 must be addressed to
the distributed generation system financier at the financier’s place
of business, or another place designated in the agreement , or sent
to the electronic mail address set forth in the agreement and must
contain words indicating the intent of the borrower to rescind or
cancel the transaction previously entered into.
Sec. 23.16. A distributed generation system financier shall
provide to a borrower, lessee or host customer a copy of an
agreement for the provision of a distributed generation system
loan, an agreement for the lease of a distributed generation system
or a power purchase agreement, as applicable, immediately after it
is signed by the borrower, lessee or host customer.
Sec. 23.17. 1. If a distribute d generation system will be
installed on the roof of a manufactured home, the distributed
generation system financier must not execute an agreement for
the provision of a distributed generation system loan, an
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agreement for the lease of a distributed gener ation system or a
power purchase agreement unless the distributed generation
system financier has:
(a) Verified that the solar installation company that will install
the distributed generation system, in addition to being properly
licensed pursuant to cha pter 624 of NRS, holds a license issued
pursuant to NRS 489.311; and
(b) Obtained from the solar installation company that will
install the distributed generation system an inspection report
indicating that the roof of the manufactured home is able to safely
withstand the weight of the distributed generation system.
2. As used in this section, “manufactured home” has the
meaning ascribed to it in NRS 489.113.
Sec. 23.18. 1. A distributed generation system financier
shall ensure that any solar insta llation company that installs a
distributed generation system for which the distributed generation
system financier has executed an agreement for the provision of a
distributed generation system loan, an agreement for the lease of a
distributed generation system or a power purchase agreement is
properly licensed pursuant to chapter 624 of NRS and acting
within the monetary limit of the license.
2. If a distributed generation system financier fails to comply
with the provisions of subsection 1, the agreem ent for the
provision of the distributed generation system loan, the agreement
for the lease of the distributed generation system or the power
purchase agreement is voidable by the borrower, lessee or host
customer for 3 years after the date on which:
(a) If the distributed generation system will be connected to the
power grid, the distributed generation system receives permission
from the appropriate public utility to connect to the power grid.
(b) If the distributed generation system will not be connected to
the power grid, the distributed generation system passes a final
inspection and becomes operational.
3. A distributed generation system financier shall not provide
any money for the installation of a distributed generation system
pursuant to an ag reement for the provision of a distributed
generation system loan, an agreement for the lease of a distributed
generation system or a power purchase agreement to a solar
installation company that is not properly licensed pursuant to
chapter 624 of NRS or t hat is acting outside the monetary limit of
the license.
Sec. 23.19. 1. A distributed generation system financier
shall, in person or by telephone or videoconference, verbally:
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(a) Confirm the identity of a borrower under an agreement for
the provision of a distributed generation system loan or a lessee
under an agreement for the lease of a distributed generation
system;
(b) For a borrower, communicate to the borrower the terms
and conditions of the agreement for the provision of a distributed
generation system loan, including, without limitation, any fees
charged by the distributed generation system financier;
(c) For a lessee, communicate to the lessee the information
required to be included in a cover page pursuant to NRS
598.9809; and
(d) Confirm that the borrower or lessee understands the
information communicated pursuant to paragraphs (b) and (c).
2. The verbal communication required by subsection 1 must
be:
(a) Recorded by the distributed generation system financier;
and
(b) Conducted before the commencement of the installation of
the distributed generation system.
3. A distributed generation system financier shall maintain
the recording required by subsection 2 for not less than 5 years
after the date of the final inspection of the dis tributed generation
system.
Sec. 23.2. 1. Before or after an agreement for the lease or
purchase of a distributed generation system or a power purchase
agreement has been executed, the solar installation company shall
perform an on -site physical survey of the premises at which the
distributed generation system will be installed and provide the
results of the physical survey to the lessee , purchaser or host
customer.
2. Except as otherwise provided in subsection 3, if the results
of the physical survey performed pursuant to subsection 1 after an
agreement for the lease or purchase of a distributed generation
system or power purchase agreement has been executed reveal any
condition that would necessitate the alteration of the provisions of
the agreement to increase the price of the distributed generation
system or change the type of equipment used for the distribute d
generation system, the lessee , purchaser or host customer may,
within 3 business days after the receipt of the results of the on-site
physical survey, rescind:
(a) The agreement for the lease or purchase of the distributed
generation system or the power purchase agreement, as
applicable; and
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(b) For a purchaser who has entered into an agreement for the
provision of a distributed generation system loan for the purchase
of the distributed generation system, the agreement for the
provision of the distributed generation system loan.
3. The provisions of subsection 2 do not apply to a
substitution of any equipment used for the distribute d generation
system if:
(a) The substituted equipment is of equal or superior quality to
that of the equipment being substituted;
(b) The substitution does not require the lessee, purchaser or
host customer to incur any additional costs as a result of the
substitution; and
(c) The substitution does not cause the estimated amount of
production in the first year of operation to be reduced by more
than 5 percent.
Sec. 23.21. 1. A distributed generation system financier
shall not pay to a solar instal lation company pursuant to an
agreement for the provision of a distributed generation system
loan, an agreement for the lease of a distributed generation system
or a power purchase agreement an amount that exceeds the
amount set forth in paragraph (g) of s ubsection 2 of NRS 624.875
before the date on which:
(a) If the distributed generation system will be connected to the
power grid, the distributed generation system receives permission
from the appropriate public utility to connect to the power grid.
(b) If the distributed generation system will not be connected to
the power grid, the distributed generation system passes a final
inspection and becomes operational.
2. If a distributed generation system financier violates the
provisions of subsection 1, the distributed generation system
financier becomes responsible for ensuring that the distributed
generation system receives permission from the appropriate public
utility to connect the distributed generation system to the power
grid or passes a final ins pection and becomes operational, as
applicable.
Sec. 23.22. A distributed generation system financier shall
not cause a distributed generation system to be disconnected or
otherwise prevent a borrower, lessee or host customer from using
the distributed generation system because the borrower, lessee or
host customer failed to make a payment as required under an
agreement for the provision of a distributed generation system
loan, an agreement for the lease of a distributed generation system
or a power purchase agreement unless the borrower, lessee or host
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customer, as applicable, has failed to make three consecutive
monthly payments required under the agreement.
Sec. 23.23. The assignee of an agreement for the provision of
a distributed generation system loan, an agreement for the lease of
a distributed generation system or a power purchase agreement is
subject to all claims and defenses of the borrower , lessee or host
customer against the distributed generation system financier who
provided the loan or en tered into th e lease agreement or power
purchase agreement , except that the liability of the assignee
pursuant to this section must not exceed the amount owed to the
assignee at the time the claim or defense is asserted against the
assignee.
Sec. 23.24. A distributed generation system financier shall
not advertise or permit to be advertised in any manner whatsoever
any false, misleading or deceptive statement or representation with
regard to any rate that may be charged by a public utility for
electricity.
Sec. 23.3. A distributed generation system financier shall
comply with all applicable federal laws and regulations, including,
without limitation, as applicable, 12 C.F.R. Part 1002, 12 C.F.R.
Part 1013, 12 C.F.R. Part 1026 and 16 C.F.R. Part 433 and a ny
applicable requirements set forth under federal law and
regulations relating to the disclosure of information.
Sec. 23.4. 1. A person who generates leads or referrals to
perform work concerning a distributed generation system shall
not:
(a) Accept a ny compensation for such a lead or referral in
amount that exceeds $2,000.
(b) Sell any such lead or referral to a person who does not
hold a license issued pursuant to chapter 624 of NRS authorizing
the performance of such work.
2. A person who generates leads or referrals to perform work
concerning a distributed generation system shall include with any
commercial communication relating to such a lead or referral a
statement which provides that:
“This is a commercial solicitation that is not affiliat ed with
any government agency or electric utility.”
3. For a written or electronic communication, the statement
required by subsection 2 must be made in a clear and conspicuous
manner preceding any other text of the written or electronic
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communication. For an oral communication, the disclosure must
be made orally at the beginning of the communication.
Sec. 23.6. 1. Except as otherwise provided in subsection 2,
a solar installation company shall not accept any payment for the
installation of a distribu ted generation system from a purchaser,
lessee, host customer, distributed generation system financier or
any other person before the date on which:
(a) If the distributed generation system will be connected to the
power grid, the distributed generation s ystem receives permission
from the appropriate public utility to connect to the power grid.
(b) If the distributed generation system will not be connected to
the power grid, the distributed generation system passes a final
inspection and becomes operational.
2. A solar installation company may, before the date specified
in subsection 1, accept as an initial down payment or deposit to be
paid for the installation of the distributed generation system a
payment in an amount that does not exceed $1,000 or 10 percent
of the aggregate contract price, whichever is less.
Sec. 23.7. The State Contractors’ Board may adopt
regulations that:
1. Require any employee of a solar installation company to
submit to a background check; and
2. Set forth requirements for such background checks.
Sec. 23.8. 1. A solar installation company, a person who
generates leads or referrals to perform work concerning a
distributed generation system or a distributed generation system
financier, as applicable, shall not:
(a) Include in any written or electronic marketing materials
any material term for the lease or purchase of a distributed
generation system or a power purchase agreem ent that is not
included in the agreement itself.
(b) Engage in any deceptive or fraudulent conduct in
connection with the lease or purchase of a distributed generation
system or the contracting for a power purchase agreement,
including, without limitation:
(1) Making any false statement or representation, either
expressly or by implication, concerning a lead or referral for work
concerning a distributed generation system.
(2) Using any official logo, seal, insignia, branding or
uniform of this State or a political subdivision of this State or any
logo, seal, insignia , branding or uniform that tends to mislead a
person into believing that it is official.
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(3) Making any statement or representation that the person
is an employee, representative or agent of this State or a polit ical
subdivision of this State.
(4) Using any official logo, seal, insignia, branding or
uniform of a public utility or any logo, seal, insignia, branding or
uniform that tends to mislead a person into b elieving that it is
official.
(5) Making any statement or representation that the person
is an employee, representative or agent of a public utility.
(6) Making any statement or repres entation or including in
any written or electronic marketing material any statement or
representation concerning any incentives, legislation, rebates or
tax credits relating to a distributed generation system without
including the statement required by subsection 2.
(7) Making any statement or representation that indicates
or implies that the person is a participant in a government al
program related to incentives, tax credits or financial assistance
for a distributed generation system unless the person has been
expressly authorized in writing by the governmental entity
administering the program to make such a statement or
representation.
(c) Accept any compensation for a lead or referral for work
concerning a distributed generation s ystem from a person other
than a person who holds a license issued pursuant to chapter 624
of NRS authorizing the performance of such work.
2. A solar installation company, a person who generates leads
or referrals to perform work concerning a distributed generation
system or a distributed generation system financier shall include
in any commercial communication , including, without limitation,
any marketing materials, that provides information concerning
any incentive, legislation, rebate or tax credit relating to a
distributed generation system a statement indicating that it is
recommended that the recipient of the communication consult
with an independent tax professional.
Sec. 24. NRS 598.9801 is hereby amended to read as follows:
598.9801 As used in NRS 598.9801 to 598.9822, inclusive,
and sections 23.1 to 23.8, inclusive, of this act, unless the context
otherwise requires, the words and terms defined in NRS 598.9802 to
598.9808, inclusive, and sections 23.1, 23.11 and 23.12 of this act
have the meanings ascribed to them in those sections.
Sec. 25. NRS 598.9808 is hereby amended to read as follows:
598.9808 1. “Solar installation company” means any form of
business organization or any other nongovernmental legal entity,
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including, without limitation, a corporation, partnership, association,
trust or unincorporated organization, that holds a license issued
pursuant to chapter 624 of NRS which authorizes the performance
of work concerning a distributed generation system and, directly or
indirectly, on its own behalf or on behalf of another:
(a) Performs or offers to perform any work concerning a
distributed generation system;
(b) Advertises, solicits or offers to enter into an agreement
[described in NRS 598.9801 to 598.9822, inclusive ;] for the
purchase or lease of a distributed generation system or a power
purchase agreement or
(c) Transacts business to:
(1) Sell and install a distributed generation system; or
(2) Install a distributed generation system owned by a third
party from whom the customer:
(I) Leases a distributed generation system; or
(II) Purchases electricity generated by a distributed
generation system.
2. The term does not include a person who generates leads or
referrals to perform work concerning a distributed g eneration
system for persons who hold a license issued pursuant to chapter
624 of NRS authorizing the performance of such work, if such
activity is limited to:
(a) Collecting only the name, contact information and
information concerning the power bill of a prospective purchaser
or lessee;
(b) Serving as the source of a referral;
[(b)] (c) Providing the contact information of a person who
holds a license issued pursuant to chapter 624 of NRS to a
prospective purchaser or lessee;
[(c)] (d) Setting up appointments on behalf of a person who
holds a license issued pursuant to chapter 624 of NRS; or
[(d)] (e) Advertising only through print media [.] and not
through any electronic means, including, without limitation,
through a mobile application, Internet website, online service,
electronic mail or any other form of electronic media.
Sec. 26. NRS 598.9809 is hereby amended to read as follows:
598.9809 An agreement for the lease of a distributed
generation system must include a cover page that:
1. Prominently displays the following information at the top of
the cover page in at least 16-point font:
(a) Notice of the right to rescind or cancel the agreement,
without any penalty or obligation, within 3 or 10 business days , as
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applicable, after t he execution of the agreement, as provided in
NRS 598.98216.
(b) An electronic mail address to which a notice of rescission or
cancellation may be sent pursuant to NRS 598.98216 and notice that
the lessee may send such a notice to that electronic mail address.
(c) Notice of the requirement to make and maintain a recording
pursuant to [NRS 598.98213.] section 23.19 of this act.
(d) Notice that, before the installation of the distributed
generation system, the lessee will have the opportunity to confirm
that no representations, offers or promises were made at any time
concerning the lease of the distributed generation system other than
what is contained in the agreement.
(e) The length of the term of the lease.
(f) A description of the consequences if the lessee dies during
the term of the lease.
(g) A statement indicating that certain financial covenants and
restrictions for distributed generation systems affixed to a property
may have an impact or effect on the future sale or transferability
of the property and that it is recommended that the lessee seek the
advice of a real estate professional , attorney or financial advis er
before entering into the lease.
2. Provides the following information in at least 10-point font:
(a) The amounts due at the signing for and at the completion of
the installation or any inspection of the distributed generation
system.
(b) An estimated timeline for the installation of the distributed
generation system.
(c) The estimated amount of the monthly payments due under
the lease in the first year of operation of the distributed generation
system.
(d) [The length of the term of the lease.
(e)] A description of any warranties.
[(f)] (e) The rate of any payment increases.
[(g)] (f) The identification of any state or fe deral tax incentives
that are included in calculating the amount of the monthly payments
due under the lease.
[(h)] (g) The estimated production of the distributed generation
system in the first year of operation . [and an explanation that:
(1) The less ee will always receive a power bill if the
premises of the lessee are connected to the power grid;
(2) The estimated production or offset is based on available
data on prior consumption; and
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(3) Any change in consumption by the lessee will impact the
estimated offset, or savings, in relation to the production.
(i)] (h) A description of the terms for renewal or any other
options available at the end of the term of the lease.
[(j)] (i) A description of any option to purchase the distributed
generation system before the end of the term of the lease.
[(k)] (j) Notice of the existence of the Recovery Fund
administered by the State Contractors’ Board pursuant to
NRS 624.470.
[(l)] (k) Notice that a person financially damaged by a licensed
contractor who performs work on a residence may be eligible to
recover certain financial damages from the Recovery Fund.
[(m)] (l) Notice that a host customer may file a complaint with
the Public Utilities Commission of Nevada.
[(n)] (m) Contact information for the Sta te Contractors’ Board
and the Public Utilities Commission of Nevada, including, without
limitation, a telephone number.
[(o)] (n) Notice that the lessee, before the execution of the
agreement, may request any document used in the solicitation, offer
or transaction for the agreement in any language.
(o) If the solar installation company paid any amount for a
lead or referral that resulted in the lease being provided to the
lessee, the amount paid for the lead or referral.
(p) If the solar installation co mpany included any material
term of a lease in any written or electronic marketing materials
provided to the lessee before or contemporaneously with the lease,
notice that the material term used in the marketing materials is the
same as the corresponding term included in the lease.
Sec. 27. 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 telephone 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.
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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 regardin g
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.
13. A copy of [the warranty] all warranties for the distributed
generation system [.] , each of which must be acknowledged by the
initials of the lessee.
14. A disclosure notifying the lessee of the transferability of
the obligations under the warranty to a subsequent lessee.
15. 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. A description of th e ownership of any tax credits, tax
rebates, tax incentives or portfolio energy credits in connection with
the distributed generation system.
17. Any terms for renewal of the lease.
18. A description of any option to purchase the distributed
generation system before the end of the term of the lease.
19. A description of all options available to the [host customer]
lessee, in connection with the continuation, termination or transfer
of the lease in the event of the:
(a) Sale or transfer of the propert y to which the distributed
generation system is affixed [;] , including, without limitation,
whether the lessee may transfer the obligations under the lease to
the purchaser of transferee of the property, the conditions of any
such transfer and the process to complete a payoff of any amount
owed under the lease; or
(b) Death of the lessee.
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20. 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. The granting to the lessee of the right to rescind the lease
for a period ending not less than :
(a) For a lessee who is less than 60 years of age, 3 business
days after the lease is signed.
(b) For a lessee who is 60 years of age or older, 10 business
days after the lease is signed.
22. An estimate of the amount of electricity that could be
generated by the distributed generation system in the first year of
operation.
23. The granting to the lessee of the right to rescind the lease
pursuant to section 23.2 of this act.
24. A provision indicating that the provisions of the
agreement are binding and inure to the benefit of the successors
and assigns of the parties to the agreement.
25. A provision that provides that the lessee is not required to
make any payments under the lease , other than an initial down
payment or deposit that may be charged in an amount that does
not exceed $1,000 or 10 percent of the aggregate contract price,
whichever is less, until:
(a) If the distributed generation system will be connected to the
power grid, the distributed generation system receives permission
from the appropriate public utility to connect to the power grid.
(b) If the distributed generation system will not be connected to
the power grid, the distributed generation system passes a final
inspection and becomes operational.
26. The duties of the solar installation company if the
distributed generation system fails to meet the estimated amount of
production in the first year of operation, as set forth pursuant to
paragraph (g) of subsection 2 of NRS 598.9809. Such duties must
include, without limitation, the duty to, if the distributed
generation system has not met that amount of production 1 y ear
after the date on which the distributed generation system received
permission from the appropriate public utility to connect to the
power grid or, if the distributed generation system is not connected
to the power grid, 1 year after the date on which t he distributed
generation system passes a final inspection and becomes
operational:
(a) Take any actions necessary to ensure that the distributed
generation system will meet that amount of production in the
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following year, including, without limitation, b y the installation of
additional equipment or repair to any existing equipment; or
(b) Take both of the following actions:
(1) Provide notice to the lessee acknowledging that the
distributed generation system has not met the estimated amount of
production in the first year of operation; and
(2) If the distributed generation system has not met that
estimated amount of production 1 year after the notice is sent, take
the actions described in paragraph (a).
27. On a separate page, a thorough explanat ion of the
estimated production of the distributed generation system and
offset, which must include, without limitation, an explanation:
(a) Of how the estimated production of the distributed
generation system and offset are calculated, including, without
limitation, the fact that such calculations are based on available
data on prior consumption;
(b) Of the effects of the behavior of the lessee with respect to
the amount of the offset, including, without limitation, the fact
that any change in consumpti on by the lessee will impact the
estimated offset, or savings, in relation to the production and the
possibility that the power bill of the lessee may increase based on
his or her consumption; and
(c) That the lessee will always receive a power bill if t he
premises of the lessee is connected to the power grid.
[23.] 28. A signature block that is signed and dated by the
lessor and the lessee of the distributed generation system.
Sec. 28. NRS 598.9813 is hereby amended to read as follows:
598.9813 An agreement for the purchase of a distributed
generation system must include a cover page that:
1. Prominently displays the following information at the top of
the cover page in at least 16-point font:
(a) Notice of the right to rescind or cancel the agre ement,
without any penalty or obligation, within 3 or 10 business days , as
applicable, after the execution of the agreement, as provided in
NRS 598.98216.
(b) An electronic mail address to which a notice of rescission or
cancellation may be sent pursuant to NRS 598.98216 and notice that
the purchaser may send such a notice to that electronic mail address.
(c) Notice of the requirement to make and maintain a recording
pursuant to NRS 598.98213.
(d) Notice that, before the installation of the distributed
generation system, the purchaser will have the opportunity to
confirm that no representations, offers or promises were made at any
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time concerning the purchase of the distributed generation system
other than what is contained in the agreement.
(e) A statement indicating that certain financial covenants and
restrictions for a distributed generation system affixed to a
property may have an impact or effect on the future sale or
transferability of the property and that it is recommended that the
purchaser seek the advice of a real estate professional, attorney or
financial adviser before entering into the agreement.
2. Provide the following information in at least 10-point font:
(a) The size of the distributed generation system.
(b) The length of the term of the warranty for the distributed
generation system.
(c) An estimated timeline for the installation of the distributed
generation system.
(d) A description of any warranties.
(e) The total cost of the distributed generation system.
(f) The esti mated value of any portfolio energy credits and
rebates of any incentives included in the calculation of the total cost
of the distributed generation system.
(g) The amounts due at the signing for and at the completion of
the installation of the distributed generation system.
(h) The estimated production of the distributed generation
system in the first year of operation . [and an explanation that:
(1) The purchaser will always receive a power bill if the
premises of the purchaser are connected to the power grid;
(2) The estimated production or offset is based on available
data on prior consumption; and
(3) Any change in consumption by the purchaser will impact
the estimated offset, or savings, in relation to the production.]
(i) Notice of the exist ence of the Recovery Fund administered
by the State Contractors’ Board pursuant to NRS 624.470.
(j) Notice that a person financially damaged by a licensed
contractor who performs work on a residence may be eligible to
recover certain financial damages from the Recovery Fund.
(k) Notice that a host customer may file a complaint with the
Public Utilities Commission of Nevada.
(l) Contact information for the State Contractors’ Board and
Public Utilities Commission of Nevada, including, without
limitation, a telephone number.
(m) Notice that the purchaser, before the execution of the
agreement, may request any document used in the solicitation, offer
or transaction for the agreement in any language.
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(n) If the solar installation company paid any amount for a
lead or referral that resulted in the agreement being provided to
the purchaser, the amount paid for the lead or referral.
(o) If the solar installation company included any material
term of an ag reement for the purchase of a distributed generation
system in any written or electronic marketing materials provided
to the purchaser before or contemporaneously with the agreement,
notice that the material term used in the marketing materials is the
same as the corresponding term included in the agreement.
Sec. 29. NRS 598.9814 is hereby amended to read as follows:
598.9814 An agreement for the purchase 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, electronic
mail address and number of the contractor’s license of the solar
installation company.
2. The name, mailing address, telephone number and electronic
mail address of:
(a) The purchaser of the distributed generation system; and
(b) The name, mailing address, telephone number and electronic
mail address of the person responsible for all maintenance of the
distributed generation system, if different from the solar installat ion
company.
3. A description, which includes, without limitation, any
assumptions, concerning the design and installation of the
distributed generation system. Such a description must include,
without limitation:
(a) The size of the distributed generation system;
(b) The estimated amount of production for the distributed
generation system in the first year of operation; and
(c) The estimated annual degradation to the distributed
generation system.
4. The total cost of the distributed generation system.
5. An estimated timeline for the installation of the distributed
generation system.
6. A payment schedule, including, without limitation:
(a) The due dates for any deposit; and
(b) Any subsequent payments that are not to exceed the total
system cost stated on the cover page pursuant to NRS 598.9813.
7. The granting to the purchaser the right to rescind the
agreement for a period ending not less than 3 or 10 business days ,
as applicable, after the agreement is signed.
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8. A copy of [the warranty] all warranties for the distributed
generation system [.] , each of which must be acknowledged by the
initials of the purchaser.
9. A disclosure notifying the purchaser of the transferability of
the obligations under the warranty to a subsequent purchaser.
10. The identification of any incentives included in the
calculation of the total cost of the distributed generation system.
11. A description of any guarantee of the performance of the
distributed generation system.
12. A signature block that is signed and dated by the purchaser
of the distributed generation system and the solar installation
company.
13. A description of the basis for any estimates of savings that
were provided to the purchaser, if applicable.
14. A disclosure concer ning the retention of any portfolio
energy credits, if applicable.
15. The granting to the purchaser of the right to rescind the
agreement pursuant to section 23.2 of this act.
16. A provision that provides that the purchaser is not
required to pay any money to the solar installation company, other
than an initial down payment or deposit that may be charged in an
amount that does not exceed $1,000 or 10 percent of the aggregate
contract price, whichever is less, if the purchaser has not paid that
amount to a distributed generation system financier under an
agreement for the provision of a distributed generation system
loan for the distributed generation system, until:
(a) If the distributed generation system will be connected to the
power grid, the dis tributed generation system receives permission
from the appropriate public utility to connect to the power grid.
(b) If the distributed generation system will not be connected to
the power grid, the distributed generation system passes a final
inspection and becomes operational.
17. If the purchaser is financing the purchase of the
distributed generation system or has provided financial
information to the solar installation company to obtain approval
for the financing of the purchase of the distributed g eneration
system, the cash price of the system and the financed price of the
system.
18. The duties of the solar installation company if the
distributed generation system fails to meet the estimated amount of
production in the first year of operation, as set forth pursuant to
paragraph (h) of subsection 2 of NRS 598.9813. Such duties must
include, without limitation, the duty to, if the distributed
– 22 –
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generation system has not met that amount of production 1 year
after the date on which the distributed gen eration system received
permission from the appropriate public utility to connect to the
power grid or, if the distributed generation system is not connected
to the power grid, 1 year after the date on which the distributed
generation system received a final inspection:
(a) Take any actions necessary to ensure that the distributed
generation system will meet that amount of production in the
following year, including, without limitation, by the installation of
additional equipment or repair to any existing equipment; or
(b) Take both of the following actions:
(1) Provide notice to the purchaser acknowledging that the
distributed generation system has not met the estimated amount of
production in the first year of operation; and
(2) If the distributed generation system has not met that
estimated amount of production 1 year after the notice is sent, take
the actions described in paragraph (a).
19. On a separate page, a thorough explanation of the
estimated production of the distributed generation syste m and
offset, which must include, without limitation, an explanation:
(a) Of how the estimated production of the distributed
generation system and offset are calculated, including, without
limitation, the fact that such calculations are based on available
data on prior consumption;
(b) Of the effects of the behavior of the purchaser with respect
to the amount of the offset, including, without limitation, the fact
that any change in consumption by the purchaser will impact the
estimated offset, or savings , in relation to the production and the
possibility that the power bill of the purchaser may increase based
on his or her consumption; and
(c) That the purchaser will always receive a power bill if the
premises of the purchaser is connected to the power grid.
Sec. 29.5. NRS 598.9816 is hereby amended to read as
follows:
598.9816 A power purchase agreement for the sale of the
output of a distributed generation system must include a cover page
that:
1. Prominently displays the following information at the top of
the cover page in at least 16-point font:
(a) Notice of the right to rescind or cancel the agreement,
without any penalty or obligation, within 3 business days , as
applicable, after the execution of the agreement, as provided in
NRS 598.98216.
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(b) An electronic mail address to which a notice of rescission or
cancellation may be sent pursuant to NRS 598.98216 and notice that
the host customer may send such a notice to that electronic mail
address.
(c) Notice of the requirement to make and ma intain a recording
pursuant to NRS 598.98213.
(d) Notice that, before the installation of the distributed
generation system, the host customer will have the opportunity to
confirm that no representations, offers or promises were made at any
time concerning the sale of the output of the distributed generation
system other than what is contained in the agreement.
(e) The length of the term of the agreement.
(f) A description of the consequences if the host customer dies
during the term of the agreement.
(g) A statement indicating that certain financial covenants and
restrictions for a distributed generation system affixed to a
property may have an impact or effect on the future sale or
transferability of the property and that it is recommended that the
host customer seek the advice of a real estate professional,
attorney or financial adviser before entering into the agreement.
2. Provides the following information in at least 10-point font:
(a) The rate of any increase in the payments to be made durin g
the term of the agreement and, if applicable, the date of the first
such increase.
(b) An estimated timeline for the installation of the distributed
generation system.
(c) The rate of electricity per kilowatt -hour of electricity for the
first year of the agreement.
(d) [The length of the term of the agreement.
(e)] The amounts due at the signing for and at the completion of
the installation or any inspection of the distributed generation
system.
[(f)] (e) The estimated production of the distributed g eneration
system in the first year of operation and an explanation that:
(1) The host customer will always receive a power bill if the
premises of the host customer are connected to the power grid;
(2) The estimated production or offset is based on ava ilable
data on prior consumption; and
(3) Any change in consumption by the host customer will
impact the estimated offset, or savings, in relation to the production.
[(g)] (f) A description of the options available at the end of the
term of the agreement.
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[(h)] (g) A description of any option to purchase the distributed
generation system before the end of the term of the agreement.
[(i)] (h) Notice of the existence of the Recovery Fund
administered by the State Contractors’ Board pursuant to
NRS 624.470.
[(j)] (i) Notice that a person financially damaged by a licensed
contractor who performs work on a residence may be eligible to
recover certain financial damages from the Recovery Fund.
[(k)] (j) Notice that a host customer may file a complai nt with
the Public Utilities Commission of Nevada.
[(l)] (k) Contact information for the State Contractors’ Board
and the Public Utilities Commission of Nevada, including, without
limitation, a telephone number.
[(m)] (l) Notice that the host customer, b efore execution of the
agreement, may request any document used in the solicitation, offer
or transaction for the power purchase agreement in any language.
(m) If the solar installation company paid any amount for a
lead or referral that resulted in the p ower purchase agreement
being provided to the host customer, the amount paid for the lead
or referral.
(n) If the solar installation company included any material
term of a power purchase agreement in any written or electronic
marketing materials provided to the host customer before or
contemporaneously with the agreement, notice that the material
term used in the marketing materials is the same as the
corresponding term included in the agreement.
Sec. 30. NRS 598.9817 is hereby amended to read as follows:
598.9817 A power purchase agreement for the sale of the
output 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, electronic
mail address and number of the contractor’s license of the solar
installation company.
2. The name, mailing address, telephone number and electronic
mail address of:
(a) The provider of the distributed generation system; and
(b) The name, mailing address, telephone number and electronic
mail address of the person responsible for all maintenance of the
distributed generation system, if different from the solar installation
company.
3. The length of the term of the agreement.
4. An estimated timeline for the installation of the distributed
generation system.
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5. The payments made during the first year of the a greement
for the price of electricity, which includes, without limitation, the
price per kilowatt -hour of electricity and the price per monthly
system electrical output.
6. The estimated annual electrical output of the distributed
generation system.
7. The rate of any increase in the payments to be made during
the term of the agreement and, if applicable, the date of the first
such increase.
8. A description of any obligation the solar installation
company has regarding construction and repair of and insurance for
the distributed generation system.
9. A description of any one -time or recurring fees, including,
without limitation, a description of the circumstances that trigger
any late fees.
10. A description of any:
(a) Taxes due at the commencement of the agreement; and
(b) Estimation of taxes known to be applicable during the term
of the agreement, subject to a change in the state or local tax rate or
tax structure.
11. A copy of the warranty for the distributed generation
system.
12. A de scription of the ownership of any tax credits, tax
rebates, tax incentives or portfolio energy credits in connection with
the distributed generation system.
13. Any terms for renewal of the agreement.
14. A description of any option to purchase the dis tributed
generation system before the end of the term of the agreement.
15. A description of all options available to the host customer
in connection with the continuation, termination or transfer of the
agreement in the event of the:
(a) Sale or transfer of the property to which the distributed
generation system is affixed [;] , including, without limitation,
whether the host customer may transfer the obligations under the
agreement to the purchaser or transferee of the property, the
conditions for any such transfer and the process to complete a
payoff of any amount owed under the agreement; or
(b) Death of the purchaser.
16. The granting to the purchaser of the right to rescind the
agreement for a period ending not less than :
(a) For a hos t customer who is less than 60 years of age, 3
business days after the agreement is signed.
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(b) For a host customer who is 60 years of age or older, 10
business days after the agreement is signed.
17. A description of any restrictions that the agreemen t
imposes on the modification or transfer of the property to which the
distributed generation system is affixed.
18. A description of any guarantees of the performance of the
distributed generation system.
19. A disclosure notifying the host customer of the
transferability of the obligations under the warranty to a subsequent
purchaser.
20. The granting to the host customer of the right to rescind
the agreement pursuant to section 23.2 of this act.
21. A provision that provides that the host custom er is not
required to pay any money under the agreement , other than an
initial down payment or deposit in an amount that does not exceed
$1,000 or 10 percent of the aggregate contract price, whichever is
less, until:
(a) If the distributed generation system will be connected to the
power grid, the distributed generation system receives permission
from the appropriate public utility to connect to the power grid.
(b) If the distributed generation system will not be connected to
the power grid, the distribu ted generation system passes a final
inspection and becomes operational.
22. A signature block that is signed and dated by the purchaser
and the solar installation company.
[21.] 23. A statement describing the due dates of any
payments.
Sec. 31. NRS 598.98213 is hereby amended to read as
follows:
598.98213 1. A solar installation company shall, in person or
by telephone or videoconference, verbally:
(a) Confirm the identity of a purchaser [or lessee ] under an
agreement for the purchase [or lease ] of a distributed generation
system or a host customer under a power purchase agreement;
(b) Communicate to the purchaser [, lessee] or host customer the
information required to be included in a cover page pursuant to NRS
[598.9809,] 598.9813 or 598.9816, as applicable; and
(c) Confirm that the purchaser [, lessee ] or host customer
understands the information communicated pursuant to
paragraph (b).
2. The verbal communication required by subsection 1 must
be:
(a) Recorded by the solar installation company; and
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(b) Conducted at the time of the execution of the agreement or
within 48 hours after the execution of the agreement.
3. A solar installation company shall not commence the
installation of any distributed generation system under an agreement
until the recording required pursuant to this section has been made.
4. A solar installation company shall maintain the recording
required pursuant to this section for not less than [4] 5 years after
the date of the final inspection of the distributed generation system
within the jurisdiction in which the distributed generation system is
located.
Sec. 32. NRS 598.98216 is hereby amended to read as
follows:
598.98216 1. Any purchaser or lessee who enters into or
signs an agreement for the purchase or lease of a distributed
generation system or host customer who enters into a power
purchase agreement may rescind or cancel the agreement, without
any penalty or obligation, by giving notice in writing to the solar
installation company either by delivering, mailing or telegraphing
such notice or sending such notice by electronic mail not later than
midnight of the :
(a) For a purchaser, lessee or host customer who is less than
60 years of age, third business day after the date the agreement was
entered into or signed [.] ;
(b) For a purchaser, lessee or host customer who is 60 years of
age or older, tenth business day after the date the agreement was
entered into or signed; or
(c) For a rescission pursuant to section 23.2 of this act, third
business day after the receipt of the results of an on-site physical
survey described in section 23.2 of this act.
2. The notice required by subsection 1 must be addressed to
the solar installation company at the solar in stallation company’s
place of business, or another place designated in the agreement, or
sent to the electronic mail address set forth on the cover page
required by NRS 598.9809, 598.9813 or 598.9816, as applicable,
and must contain words indicating the intent of the purchaser, lessee
or host customer to rescind or cancel the transaction previously
entered into.
Sec. 33. 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.
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- 83rd Session (2025)
2. The failure of a person to comply with NRS 598.9801 to
598.9822, inclusive, and sections 23.1 to 23.8, inclusive, of this act
constitutes a deceptive trade practice for the purposes of NRS
598.0903 to 598.0999, inclusive.
3. If a solar installation 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, inclusive, and sections 23.1 to 23.8,
inclusive, 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 23.1 to 23.8, inclusive, 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 23.1 to 23.8, inclusive, 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
(b) Any other language, if any person so requests before the
execution of the relevant document.
6. If a solar installation company adv ertises its services or
negotiates orally or in writing any of the requirements of NRS
598.9801 to 598.9822, inclusive, and sections 23.1 to 23.8,
inclusive, of this act in a language other than English or permits an
employee or agent of the solar installa tion 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 23.1 to 23.8,
inclusive, 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 noti ce. The translation 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.
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- 83rd Session (2025)
Sec. 34. (Deleted by amendment.)
Sec. 35. 1. The amendatory provisions of this act apply to an
agreement for the provision of a distributed generation system loan,
an agreement for the purchase of a distributed generation system, an
agreement for the lease of a distributed generation sy stem or a
power purchase agreement entered into on or after October 1, 2025.
2. As used in this section:
(a) “Distributed generation system” has the meaning ascribed to
it in NRS 598.9804.
(b) “Distributed generation system loan” has the meaning
ascribed to it in section 23.12 of this act.
(c) “Power purchase agreement” has the meaning ascribed to it
in NRS 598.9807.
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