Nevada Solar Energy Licensing Law

Nevada Code · 73 sections

The following is the full text of Nevada’s solar energy licensing law statutes as published in the Nevada Code. For the official version, see the Nevada Legislature.

NRS 111.239

NRS

111.239

Prohibition or restriction on use of system for obtaining solar energy on property.

Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of the property from using a system for obtaining solar energy on his or her property is void and unenforceable.
For the purposes of this section, the following shall be deemed to be unreasonable restrictions:

(a) The placing of a restriction or requirement on the use of a system for obtaining solar energy which decreases the efficiency or performance of the system by more than 10 percent of the amount that was originally specified for the system, as determined by the Director of the Office of Energy, and which does not allow for the use of an alternative system at a substantially comparable cost and with substantially comparable efficiency and performance.

(b) The prohibition of a system for obtaining solar energy that uses components painted with black solar glazing.

(Added to NRS by 1995, 1105 ; A 2005, 1819 ; 2009, 1598 )

NRS 111.3697

NRS

111.3697

Relation to Electronic Signatures in Global and National Commerce Act.

NRS 111.366 to 111.3697 , inclusive, modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).

(Added to NRS by 2007, 139 )

EASEMENT FOR COLLECTION OF SOLAR ENERGY

NRS 111.370

NRS

111.370

Creation of easement by grant; signing, recording and contents of instrument creating easement.

An easement for collection of solar energy may be created by a grant from the owner of neighboring land to the owner of land on which equipment for the collection of solar energy has been or is planned to be installed.
The easement is an interest in real property.
The grant must be expressed in a written instrument, signed by the grantor. When acknowledged, the instrument must be recorded by the county recorder in the county where the burdened and benefited lands are situated.
The instrument must include a description of:

(a) The burdened and benefited lands.

(b) The location, size and periods of operation of the equipment to be used in collecting the solar energy.

(c) The open area to be preserved for passage of direct solar radiation across the burdened land to the collecting equipment, by dimensions or bearings from the collecting equipment or by a statement that no obstructions which cast a shadow on the equipment during its periods of operation are allowed on the burdened land.

(Added to NRS by 1979, 469 )

NRS 111.375

NRS

111.375

Vesting of easement; effect of transfer of land.

An easement for the collection of solar energy becomes vested in a grantee upon the recording of the grant.
The easement is appurtenant to the benefited land. The benefit of the easement passes with the benefited land and the burden of the easement passes with the burdened land upon any transfer, voluntary or involuntary, of the respective lands.

(Added to NRS by 1979, 470 )

NRS 111.380

NRS

111.380

Termination, modification or extinguishment of easement.

An easement for the collection of solar energy:

Terminates upon the expiration of a period of limitation specified in the grant creating the easement.
Terminates upon recording of a release of the easement by the owner of the benefited land.
May be modified or extinguished by an order of a court based upon principles of equity, changes in conditions or abandonment.

(Added to NRS by 1979, 470 )

EASEMENTS FOR CONSERVATION

NRS 244.291

NRS

244.291

Ordinance authorizing use of vacant or blighted county land or property for community gardening or urban farming; resources and incentives for development of community gardens and urban farms; water.

A board of county commissioners may, by ordinance, authorize the use of vacant or blighted county land or other real property owned by the county for the purpose of community gardening or urban farming under such terms and conditions established for the use of the county land or real property set forth by the ordinance.
The ordinance adopted pursuant to subsection 1 may, without limitation:

(a) Establish fees for the use of the county land;

(b) Provide requirements for liability insurance; and

The ordinance adopted pursuant to subsection 1:

(a) May provide that the board of county commissioners will prioritize the use of county land or other real property for community gardens and urban farms that:

(1) Hire at least a portion of the employees from residents of the local community;

(2) Provide training for members of the local community to participate in gardening or farming;

(3) Allow members of the local community to provide input on the foods grown in the community garden or urban farm;

(4) Collaborate with school garden programs in the surrounding community and encourage students from those school garden programs to participate in the community garden or urban farm; and

(5) Use sources of renewable energy, including, without limitation, solar energy, to operate the community garden or urban farm.

(b) Must require that any urban farm established using land made available pursuant to the ordinance adopt a policy for diversity, equity and inclusion.

In addition to adopting an ordinance pursuant to subsection 1, a board of county commissioners shall encourage in any other manner the development of community gardens and urban farms, including, without limitation, encouraging the use of any available existing federal, state or local resources, such as money, grants and tax incentives, for the development of community gardens and urban farms.
If a board of county commissioners owns a municipal water system or has an agreement with a water authority, water district or water system, the board of county commissioners may provide or the board may request that the water authority, district or system provide water at a wholesale or reduced rate to a community garden or urban farm established by ordinance pursuant to this section. Nothing in this subsection requires a municipal water system or a water authority to provide water to a community garden or urban farm at a wholesale or reduced rate.

(Added to NRS by 2017, 1357 ; A 2021, 1989 )

NRS 268.0191

NRS

268.0191

Power to authorize use of vacant or blighted city land or property for community gardening or urban farming; resources and incentives for development of community gardens and urban farms; water.

The governing body of a city may authorize, by ordinance, the use of vacant or blighted city land or other real property for the purpose of community gardening or urban farming under such terms and conditions established for the use of the city land set forth by the ordinance. The ordinance may, without limitation:

(a) Establish fees for the use of the city land;

(b) Provide requirements for liability insurance; and

The ordinance adopted pursuant to subsection 1:

(a) May provide that the governing body of the city will prioritize the use of city land or other real property for community gardens and urban farms that:

(1) Hire at least a portion of the employees from residents of the local community;

(2) Provide training for members of the local community to participate in gardening or farming;

(3) Allow members of the local community to provide input on the foods grown in the community garden or urban farm;

(4) Collaborate with school garden programs in the surrounding community and encourage students from those school garden programs to participate in the community garden or urban farm; and

(5) Use sources of renewable energy, including, without limitation, solar energy, to operate the community garden or urban farm.

(b) Must require that any urban farm established using land made available pursuant to the ordinance adopt a policy for diversity, equity and inclusion.

In addition to adopting an ordinance pursuant to subsection 1, the governing body of a city shall encourage in any other manner the development of community gardens and urban farms, including, without limitation, encouraging the use of any available existing federal, state or local resources, such as money, grants and tax incentives, for the development of community gardens and urban farms.
If the governing body of a city owns a municipal water system or has an agreement with a water authority, water district or water system, the governing body of a city may or the governing body may request the water authority, district or system provide water at a wholesale or reduced rate to a community garden or urban farm established by ordinance pursuant to this section. Nothing in this subsection requires a municipal water system or a water authority to provide water to a community garden or urban farm at a wholesale or reduced rate.

(Added to NRS by 2017, 1357 ; A 2021, 1990 )

NRS 278.0173

NRS

278.0173

Renewable energy defined.

Renewable energy means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(a) Biomass;

(b) Fuel cells;

(d) Solar energy;

(e) Waterpower; and

(f) Wind.

The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(Added to NRS by 2009, 2280 )

NRS 278.0208

NRS

278.0208

Prohibition against prohibiting or unreasonably restricting use of system for obtaining solar energy.

A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of real property from using a system for obtaining solar energy on his or her property.
Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of the property from using a system for obtaining solar energy on his or her property is void and unenforceable.
For the purposes of this section, the following shall be deemed to be unreasonable restrictions:

(b) The prohibition of a system for obtaining solar energy that uses components painted with black solar glazing.

(Added to NRS by 1995, 1105 ; A 2005, 1820 ; 2009, 1599 )

NRS 278.160

NRS

278.160

Elements of master plan.

Except as otherwise provided in this section and NRS 278.150 and 278.170 , the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following elements or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

(a) A conservation element, which must include:

(1) A conservation plan for the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The conservation plan must also indicate the maximum tolerable level of air pollution.

(2) A solid waste disposal plan showing general plans for the disposal of solid waste.

(b) A historic preservation element, which must include:

(1) A historic neighborhood preservation plan which:

(I) Must include, without limitation, a plan to inventory historic neighborhoods and a statement of goals and methods to encourage the preservation of historic neighborhoods.

(II) May include, without limitation, the creation of a commission to monitor and promote the preservation of historic neighborhoods.

(2) A historical properties preservation plan setting forth an inventory of significant historical, archaeological, paleontological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

(1) An inventory of housing conditions and needs, and plans and procedures for improving housing standards and providing adequate housing to individuals and families in the community, regardless of income level.

(2) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.

(3) An analysis of projected growth and the demographic characteristics of the community.

(4) A determination of the present and prospective need for affordable housing in the community.

(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

(6) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:

(I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and

(II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.

(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community for a period of at least 5 years.

(d) A land use element, which must include:

(1) Provisions concerning community design, including standards and principles governing the subdivision of land and suggestive patterns for community design and development.

(2) A land use plan, including an inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:

(I) Must, if applicable, address mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts. The land use plan must also, if applicable, address the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

(II) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355 .

(3) In any county whose population is 700,000 or more, a rural neighborhoods preservation plan showing general plans to preserve the character and density of rural neighborhoods.

(e) A public facilities and services element, which must include:

(1) An economic plan showing recommended schedules for the allocation and expenditure of public money to provide for the economical and timely execution of the various components of the plan.

(2) A population plan setting forth an estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

(3) An aboveground utility plan that shows corridors designated for the construction of aboveground utilities and complies with the provisions of NRS 278.165 .

(4) Provisions concerning public buildings showing the locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

(5) Provisions concerning public services and facilities showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145 . If a public utility which provides electric service notifies the planning commission that a new transmission line or substation will be required to support the master plan, those facilities must be included in the master plan. The utility is not required to obtain an easement for any such transmission line as a prerequisite to the inclusion of the transmission line in the master plan.

(6) A school facilities plan showing the general locations of current and future school facilities based upon information furnished by the appropriate county school district.

(f) A recreation and open space element, which must include a recreation plan showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

(g) A safety element, which must include:

(1) In any county whose population is 700,000 or more, a safety plan identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The safety plan may set forth policies for avoiding or minimizing the risks from those hazards.

(2) A seismic safety plan consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

(h) A transportation element, which must include:

(1) A streets and highways plan showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

(2) A transit plan showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.

(3) A transportation plan showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The transportation plan may also include port, harbor, aviation and related facilities.

(i) An urban agricultural element, which must include a plan to inventory any vacant lands or other real property owned by the city or county and blighted land in the city or county to determine whether such lands are suitable for urban farming and gardening. The plan to inventory any vacant lands or other real property may include, without limitation, any other real property in the city or county, as deemed appropriate by the commission.

The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other elements as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630 , inclusive, prohibits the preparation and adoption of any such element as a part of the master plan.

[Part 8:110:1941; A 1947, 834 ; 1943 NCL § 5063.07]—(NRS A 1973, 141 , 1242 ,

1825 ;

1989, 149 ; 1991, 954 , 1402 ;

1995, 2226 ; 1997, 3249 ; 1999, 2471 , 3367 ;

2001, 742 , 1680 ;

2005, 1589 , 1820 ;

2007, 343 , 1518 ;

2009, 379 , 2761 ;

2011, 1183 ; 2013, 1499 , 3220 ;

2015, 316 ; 2017, 1354 , 2046 ;

2021, 1984 )

NRS 278.250

NRS

278.250

Zoning districts and regulations.

For the purposes of NRS 278.010 to 278.630 , inclusive, the governing body may divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out the purposes of NRS 278.010 to 278.630 , inclusive. Within the zoning district, it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.
The zoning regulations must be adopted in accordance with the master plan for land use and be designed:

(a) To preserve the quality of air and water resources.

(b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.

(c) To consider existing views and access to solar resources by studying the height of new buildings which will cast shadows on surrounding residential and commercial developments.

(d) To reduce the consumption of energy by encouraging the use of products and materials which maximize energy efficiency in the construction of buildings.

(e) To provide for recreational needs.

(f) To protect life and property in areas subject to floods, landslides and other natural disasters.

(g) To conform to the adopted population plan, if required by NRS 278.170 .

(h) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services, including public access and sidewalks for pedestrians, and facilities and services for bicycles.

(i) To ensure that the development on land is commensurate with the character and the physical limitations of the land.

(j) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.

(k) To promote health and the general welfare.

(l) To ensure the development of an adequate supply of housing for the community, including the development of affordable housing.

(m) To ensure the protection of existing neighborhoods and communities, including the protection of rural preservation neighborhoods and, in counties whose population is 700,000 or more, the protection of historic neighborhoods.

(n) To promote systems which use solar or wind energy.

(o) To foster the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

The zoning regulations must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.
In exercising the powers granted in this section, the governing body may use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.
As used in this section:

(a) Density bonus means an incentive granted by a governing body to a developer of real property that authorizes the developer to build at a greater density than would otherwise be allowed under the master plan, in exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.

(b) Inclusionary zoning means a type of zoning pursuant to which a governing body requires or provides incentives to a developer who builds residential dwellings to build a certain percentage of those dwellings as affordable housing.

(c) Minimum density zoning means a type of zoning pursuant to which development must be carried out at or above a certain density to maintain conformance with the master plan.

[13:110:1941; 1931 NCL § 5063.12]—(NRS A 1973, 1244 , 1828 ;

1977, 1016 ; 1991, 2232 ; 1995, 2228 ; 1999, 2128 , 3369 ;

2005, 1592 , 1822 ;

2007, 347 ; 2009, 2766 ; 2011, 1186 ; 2013, 3223 ; 2021, 1527 )

NRS 278.580

NRS

278.580

Building codes: Adoption; fees for permits; applicability to State and Nevada System of Higher Education; authorization of use of materials and technologies that conserve resources in construction and use of solar or wind energy; adoption of seismic provisions and standards.

Subject to the limitation set forth in NRS 244.368 and 278.586 , the governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures, and may adopt rules, ordinances and regulations for the enforcement of the building code.
The governing body may also fix a reasonable schedule of fees for the issuance of building permits. A schedule of fees so fixed does not apply to the State of Nevada or the Nevada System of Higher Education, except that such entities may enter into a contract with the governing body to pay such fees for the issuance of building permits, the review of plans and the inspection of construction. Except as it may agree to in such a contract, a governing body is not required to provide for the review of plans or the inspection of construction with respect to a structure of the State of Nevada or the Nevada System of Higher Education.
Notwithstanding any other provision of law, the State and its political subdivisions shall comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any activity existing on April 23, 1971.
A governing body shall amend its building codes and, if necessary, its zoning ordinances and regulations to permit the use of:

(a) Straw or other materials and technologies which conserve scarce natural resources or resources that are renewable in the construction of a structure; and

(b) Systems which use solar or wind energy to reduce the costs of energy for a structure if such systems and structures are otherwise in compliance with applicable building codes and zoning ordinances, including those relating to the design, location and soundness of such systems and structures,

Ê to the extent the local climate allows for the use of such materials, technologies, resources and systems.

The amendments required by subsection 4 may address, without limitation:

(a) The inclusion of characteristics of land and structures that are most appropriate for the construction and use of systems using solar and wind energy.

(b) The recognition of any impediments to the development of systems using solar and wind energy.

(c) The preparation of design standards for the construction, conversion or rehabilitation of new and existing systems using solar and wind energy.

A governing body shall amend its building codes to include:

(a) The seismic provisions of the International Building Code published by the International Code Council; and

(b) Standards for the investigation of hazards relating to seismic activity, including, without limitation, potential surface ruptures and liquefaction.

[Part 34:110:1941; 1931 NCL § 5063.33]—(NRS A 1959, 500 ; 1971, 957 ; 1975, 226 ; 1993, 2583 ; 1995, 710 , 1925 ;

1999, 1064 ; 2003, 1895 ; 2005, 1823 ; 2007, 3098 ; 2015, 1990 )

NRS 338.1908

NRS

338.1908

Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy. [Effective through December 31, 2025.]

The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:

(a) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:

(1) The length of time necessary to commence the project.

(2) The number of workers estimated to be employed on the project.

(3) The effectiveness of the project in reducing energy consumption.

(4) The estimated cost of the project.

(5) Whether the project is able to be powered by or otherwise use sources of renewable energy.

(6) Whether the project has qualified for participation in one or more of the following programs:

(I) The Solar Energy Systems Incentive Program created by NRS 701B.240 ;

(II) The Renewable Energy School Pilot Program created by NRS 701B.350 ;

(III) The Wind Energy Systems Demonstration Program created by NRS 701B.580 ; or

(IV) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820 .

(b) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.

The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Director of the Office of Energy and to any other entity designated for that purpose by the Legislature.
As used in this section:

(a) Local government means each city or county that meets the definition of eligible unit of local government as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in NRS 338.010 , that does not meet the definition of eligible entity as set forth in 42 U.S.C. § 17151.

(b) Renewable energy means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(1) Biomass;

(2) Fuel cells;

(3) Geothermal energy;

(4) Solar energy;

(5) Waterpower; and

(6) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(c) Retrofit means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

(Added to NRS by 2009, 1406 ; A 2011, 93 , 1944 ,

2079 ,

2563 ,

2964 ;

2013, 2983 , 2984 ,

3815 ,

3818 ;

2017, 4035 ; 2019, 704 , 1581 ;

2021, 736 , 2218 )

NRS

338.1908

Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy. [Effective January 1, 2026.]

The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:

(a) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:

(1) The length of time necessary to commence the project.

(2) The number of workers estimated to be employed on the project.

(3) The effectiveness of the project in reducing energy consumption.

(4) The estimated cost of the project.

(5) Whether the project is able to be powered by or otherwise use sources of renewable energy.

(6) Whether the project has qualified for participation in the Renewable Energy School Pilot Program created by NRS 701B.350 .

The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Director of the Office of Energy and to any other entity designated for that purpose by the Legislature.
As used in this section:

(b) Renewable energy means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(1) Biomass;

(2) Fuel cells;

(3) Geothermal energy;

(4) Solar energy;

(5) Waterpower; and

(6) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(c) Retrofit means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

(Added to NRS by 2009, 1406 ; A 2011, 93 , 1944 ,

2079 ,

2561 ,

2563 ,

2964 ;

2013, 2983 , 2984 ,

3347 ,

3815 ,

3818 ;

2017, 4035 ; 2019, 704 , 1581 ;

2021, 736 , 2218 , effective January 1, 2026)

Additional Conditions and Limitations

NRS 341.091

NRS

341.091

Adoption of standards and performance guidelines relating to efficient use of water and energy.

For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation:

(a) Standards for the efficient use of water.

(b) Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy.

(d) Performance guidelines for retrofit projects, including, without limitation, guidelines for:

(1) Energy consumption.

(2) The use of potable water.

(3) The use of water for purposes relating to landscaping.

(4) The disposal of solid waste.

The standards and performance guidelines adopted in accordance with subsection 1 must include a mechanism for their evaluation and revision to ensure that such standards and guidelines:

(a) Are cost-effective over the life of the applicable project.

(b) Produce certain threshold levels of cost savings.

In adopting the standards and performance guidelines pursuant to subsection 1, the Board may consider, without limitation:

(a) The Leadership in Energy and Environmental Design Green Building Rating System established by the U.S. Green Building Council or its successor;

(b) The Green Globes assessment and rating system developed by the Green Building Initiative or its successor;

(d) The standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers or its successor;

(e) The criteria established pursuant to the Federal Energy Management Program established by the United States Department of Energy; and

(f) The criteria established by the International Energy Conservation Code .

The regulations adopted pursuant to this section must include provisions for their enforcement.
As used in this section:

(a) Biomass means any organic matter that is available on a renewable basis, including, without limitation:

(1) Agricultural crops and agricultural wastes and residues;

(2) Wood and wood wastes and residues;

(3) Animal wastes;

(4) Municipal wastes; and

(5) Aquatic plants.

(b) Renewable energy means:

(1) Biomass;

(2) Solar energy; or

(3) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(Added to NRS by 2009, 2755 ; A 2011, 118 )

ADMINISTRATOR, DEPUTIES AND ASSISTANTS

NRS 349.515

NRS

349.515

Renewable energy defined.

Renewable energy means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(a) Biomass;

(b) Fuel cells;

(d) Solar energy;

(e) Waterpower; and

(f) Wind.

The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(Added to NRS by 2001, 3255 )

NRS 396.7956

NRS

396.7956

Research concerning use of solar energy as source of power.

The Legislature finds that:

(a) Basic scientific research is essential to any real solution of the energy crisis affecting many parts of the nation.

(b) Investigation of the potential contribution of harnessed solar energy may offer some significant answers to the problem of diminishing power resources.

(c) The facilities of the Desert Research Institute are uniquely capable of being applied to the study of solar energy as a source of power generation.

The Board of Regents, through the Desert Research Institute, is authorized and encouraged to undertake research concerning the use of solar energy as a source of power. As part of the study, consideration must be given to the relative advantages and disadvantages of the various methods of power generation through the utilization of solar energy.

(Added to NRS by 1973, 268 ; A 1993, 355 )

ETHICS INSTITUTE

NRS 408.507

NRS

408.507

Lease or rental of property.

Except as otherwise provided in subsection 2, real property held in fee or improvements on the property acquired by the Department in advance of the actual construction, reconstruction or improvement of highways or in order to avoid the payment of excessive damages, or held by the Department pending a determination in the future on its use or disposal may be leased or rented by the Department for fair market value in such manner and for such periods as are determined by the Director to be in the best interests of the State.
The Director may lease to a local government for $1 per year real property held in fee by the Department that has been acquired by the Department in advance of the actual construction, reconstruction or improvement of highways or held by the Department pending a determination in the future on its use or disposal if:

(a) Such real property will be used by the local government for a community garden or urban farm;

(b) The local government attests in writing that the local government will prioritize community gardens and urban farms that:

(1) Hire at least a portion of the employees from residents of the local community;

(2) Provide training for members of the local community to participate in gardening or farming;

(3) Allow members of the local community to provide input on the foods grown in the community garden or urban farm; and

(4) Collaborate with school garden programs in the surrounding community and encourage students from those school garden programs to participate in the community garden or urban farm; and

(c) Such real property will use sources of renewable energy, including, without limitation, solar energy, to operate the community garden or urban farm.

The Director may lease for fair market value space above and below the established grade line of the highway to state and public agencies and private persons in such manner and for such periods as the Director determines are in the best interest of the State, if:

(a) The full use and safety of the highway will not be impaired;

(b) Vehicular or pedestrian access to that space will not be required or permitted from the established grade line; and

All leases of an interest in real property entered into by the Department before April 1, 1985, are hereby ratified. All other leases entered into pursuant to subsection 3 must be approved by the Board subject to the provisions of subsection 5.
If the Department receives a proposal to negotiate a lease pursuant to subsection 3, it shall publish a notice in a newspaper of general circulation at least once a week for 2 weeks, stating that it has received the proposal and that it will receive other proposals for use of the space for 60 days after the completion of the publication. A copy of the notice must be mailed to each local governmental unit in the affected area. If the property is leased, it must be to the highest bidder for the space. The requirements for publication and notice do not apply if the proposal was received from an owner who controls the property on both sides of the highway.
All money received for leases and rentals must be deposited with the State Treasurer to be credited to the State Highway Fund.

(Added to NRS by 1957, 692 ; A 1971, 1330 ; 1979, 1780 ; 1983, 416 ; 1985, 706 ; 1987, 1810 ; 1989, 1307 ; 2021, 1993 )

NRS 598.9805

NRS

598.9805

Host customer defined.

Host customer means either:

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
A person who has been designated by the customer of record of an electric utility in a letter to the utility explaining the relationship between that person and the customer of record.

(Added to NRS by 2017, 4268 )

NRS 598.9807

NRS

598.9807

Power purchase agreement defined.

Power purchase agreement means an agreement in which a solar installation company:

Arranges for the design, installation, maintenance and energy output of a distributed generation system; and
Sells the electricity generated from a distributed generation system to the host customer.

(Added to NRS by 2017, 4268 )

NRS 598.9808

NRS

598.9808

Solar installation company defined.

Solar installation company means any form of business organization or any other nongovernmental legal entity, 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; or

(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.

The term does not include a person who generates leads or referrals to perform work concerning a distributed generation 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) Serving as the source of a referral;

(b) Providing the contact information of a person who holds a license issued pursuant to chapter 624

of NRS to a prospective purchaser or lessee;

of NRS; or

(d) Advertising through print media.

(Added to NRS by 2017, 4268 ; A 2023, 1118 )

NRS 598.9811

NRS

598.9811

Agreement for lease of distributed generation system: Contents.

An agreement for the lease of a distributed generation system must include, without limitation, the following information in at least 10-point font:

The name, mailing address, telephone number and number of the contractors license of the solar installation company.
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.

An estimated timeline for the installation of the distributed generation system.
The length of the term of the lease.
A general description of the distributed generation system.
The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.
A description of any warranties.
The amount of the:

(a) Monthly payments due under the lease; and

(b) Total payments due under the lease, excluding taxes.

A description of any other one-time or recurring charges, including, without limitation, a description of the circumstances that trigger any late fees.
A description of any obligation the lessor has regarding the installation, repair or removal of the distributed generation system.
A description of any obligation the lessor has regarding construction of and insurance for the distributed generation system.
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.

A copy of the warranty for the distributed generation system.
A disclosure notifying the lessee of the transferability of the obligations under the warranty to a subsequent lessee.
The identification of any state or federal tax incentives that are included in calculating the amount of the monthly payments due under the lease.
A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.
Any terms for renewal of the lease.
A description of any option to purchase the distributed generation system before the end of the term of the lease.
A description of all options available to the host customer in connection with the continuation, termination or 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.

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.
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.
An estimate of the amount of electricity that could be generated by the distributed generation system in the first year of operation.
A signature block that is signed and dated by the lessor and the lessee of the distributed generation system.

(Added to NRS by 2017, 4269 )

NRS 598.9812

NRS

598.9812

Agreement for lease of distributed generation system: Disclosure.

An agreement for the lease of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.
The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9809 and 598.9811 .
The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the lessor;

(b) The name, mailing address, telephone number, electronic mail address and number of the contractors license of the person who installed the distributed generation system, if different from the solar installation company;

(c) The name, mailing address, telephone number, electronic mail address and the number of the contractors license of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company;

(d) The length of the term of the lease;

(e) The amount of the monthly payments due under the lease in the first year of operation;

(f) The amounts due at the signing for and at the completion of the installation of the distributed generation system;

(g) The estimated amount of the total payments due under the lease, including, without limitation, any incentives that are included in the estimated lease payments;

(h) A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger:

(1) Any late fees;

(2) Estimated fees for the removal of the distributed generation system;

(3) Fees for a notice of removal and refiling pursuant to the Uniform Commercial Code;

(4) Fees for connecting to the Internet; and

(5) Fees for not enrolling in a program in which payments are made through an electronic transfer of money cleared through an automated clearinghouse;

(i) The total number of payments to be made under the lease;

(j) The due date of any payment and the manner in which the consumer will receive an invoice for such payments;

(k) The rate of any payment increases and the date on which the first increase in the rate may occur, if applicable;

(l) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(4) As specified by the lease at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

(m) A disclosure notifying the lessee of the intent of the lessor to file a fixture filing, as defined in NRS 104A.2309 , on the distributed generation system;

(n) A disclosure notifying the lessee if maintenance and repairs of the distributed generation system are included in the lease;

(o) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the lessee in connection with the installation or removal of the distributed generation system;

(p) A disclosure describing:

(1) The transferability of the lease; and

(2) Any conditions on transferring the lease in connection with the lessee selling his or her property;

(q) A description of any guarantees of the performance of the distributed generation system;

(r) A description of the basis for any estimates of savings that were provided to the lessee, if applicable; and

(s) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4270 )

NRS 598.9814

NRS

598.9814

Agreement for purchase of distributed generation system: Contents.

An agreement for the purchase of a distributed generation system must include, without limitation, the following information in at least 10-point font:

The name, mailing address, telephone number, electronic mail address and number of the contractors license of the solar installation company.
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 installation company.

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

The total cost of the distributed generation system.
An estimated timeline for the installation of the distributed generation system.
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 .

The granting to the purchaser the right to rescind the agreement for a period ending not less than 3 business days after the agreement is signed.
A copy of the warranty for the distributed generation system.
A disclosure notifying the purchaser of the transferability of the obligations under the warranty to a subsequent purchaser.
The identification of any incentives included in the calculation of the total cost of the distributed generation system.
A description of any guarantee of the performance of the distributed generation system.
A signature block that is signed and dated by the purchaser of the distributed generation system and the solar installation company.
A description of the basis for any estimates of savings that were provided to the purchaser, if applicable.
A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4272 )

NRS 598.9815

NRS

598.9815

Agreement for purchase of distributed generation system: Disclosure.

An agreement for the purchase of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.
The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9813 and 598.9814 .
The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the solar installation company;

(d) The purchase price of the distributed generation system;

(e) The payment schedule for the distributed generation system;

(f) The approximate start and completion dates for the installation of the distributed generation system;

(g) A disclosure notifying the purchaser of the responsible party for obtaining approval for connecting the distributed generation system to the electricity meter on the host customers side;

(h) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(4) As specified by the agreement at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

(i) A disclosure notifying the purchaser if maintenance and repairs of the distributed generation system are included in the purchase;

(j) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the purchaser in connection with the installation or removal of the distributed generation system;

(k) A description of any guarantees of the performance of the distributed generation system;

(l) A description of the basis for any estimates of savings that were provided to the purchaser, if applicable; and

(m) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4273 )

NRS 598.9817

NRS

598.9817

Power purchase agreement: Contents.

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:

The name, mailing address, telephone number, electronic mail address and number of the contractors license of the solar installation company.
The name, mailing address, telephone number and electronic mail address of:

(a) The provider of the distributed generation system; and

The length of the term of the agreement.
An estimated timeline for the installation of the distributed generation system.
The payments made during the first year of the agreement for the price of electricity, which includes, without limitation, the price per kilowatt-hour of electricity and the price per monthly system electrical output.
The estimated annual electrical output of the distributed generation system.
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.
A description of any obligation the solar installation company has regarding construction and repair of and insurance for the distributed generation system.
A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger any late fees.
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.

A copy of the warranty for the distributed generation system.
A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.
Any terms for renewal of the agreement.
A description of any option to purchase the distributed generation system before the end of the term of the agreement.
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 of the property to which the distributed generation system is affixed; or

(b) Death of the purchaser.

The granting to the purchaser of the right to rescind the agreement for a period ending not less than 3 business days after the agreement is signed.
A description of any restrictions that the agreement imposes on the modification or transfer of the property to which the distributed generation system is affixed.
A description of any guarantees of the performance of the distributed generation system.
A disclosure notifying the host customer of the transferability of the obligations under the warranty to a subsequent purchaser.
A signature block that is signed and dated by the purchaser and the solar installation company.
A statement describing the due dates of any payments.

(Added to NRS by 2017, 4274 )

NRS 598.9818

NRS

598.9818

Power purchase agreement: Disclosure.

A power purchase agreement for the sale of output of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.
The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9816 and 598.9817 .
The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the solar installation company;

(d) The payment schedule for the distributed generation system, including, without limitation, any payments that are due, if applicable, at:

(1) Signing for the distributed generation system;

(2) Commencement of installation of the distributed generation system; and

(3) Completion of installation of the distributed generation system;

(e) A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger:

(1) Any late fees;

(2) Estimated fees for the removal of the distributed generation system;

(3) Fees for a notice of removal and refiling pursuant to the Uniform Commercial Code;

(4) Fees for connecting to the Internet; and

(5) Fees for not enrolling in a program in which payments are made through an electronic transfer of money cleared through an automated clearinghouse;

(f) A statement that describes when payments are due;

(g) The rate of any payment increases and the date on which the first increase in the rate may occur, if applicable;

(h) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(i) A disclosure notifying the purchaser of the intent of the owner of the distributed generation system to file a fixture filing, as defined in NRS 104A.2309 , on the distributed generation system;

(j) A disclosure notifying the purchaser if maintenance and repairs of the distributed generation system are included in the agreement;

(k) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the purchaser in connection with the installation or removal of the distributed generation system;

(l) A disclosure describing the transferability of the distributed generation system in connection with the purchaser selling his or her property;

(m) A description of any guarantees of the performance of the distributed generation system;

(n) A description of the basis for any estimates of savings that were provided to the purchaser, if applicable; and

(o) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4275 )

NRS 598.9821

NRS

598.9821

Certain express warranties required in agreement; exception.

An agreement for the lease or purchase of a distributed generation system and a power purchase agreement must include an express warranty for the installation of the distributed generation system and the penetration into the roof by the distributed generation system. Such warranties must:

(a) Be express and in writing; and

(b) Expire not earlier than 10 years after the installation of the distributed generation system.

An agreement for the lease of a distributed generation system and a power purchase agreement must include an express warranty that:

(a) Is in writing; and

(b) Does not expire earlier than 10 years after the installation of the distributed generation system.

An agreement for the purchase of a distributed generation system must include the following express warranties in writing for the component parts, including parts and labor, of the distributed generation system, either directly from the solar installation company or passed through from the manufacturer of the component parts:

(a) For collectors and storage units, not less than a 10-year warranty; and

(b) For inverters, not less than a 7-year warranty.

The provisions of this section that relate to a person who installs a distributed generation system do not apply to a person who installs a system on his or her own property.

(Added to NRS by 2017, 4277 )

NRS 598.98213

NRS

598.98213

Confirmation of information in cover page required; installation of distributed generation system prohibited until confirmation recorded; maintenance of recording.

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).

The verbal communication required by subsection 1 must be:

(a) Recorded by the solar installation company; and

(b) Conducted at the time of the execution of the agreement or within 48 hours after the execution of the agreement.

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.
A solar installation company shall maintain the recording required pursuant to this section for not less than 4 years after the date of the final inspection of the distributed generation system within the jurisdiction in which the distributed generation system is located.

(Added to NRS by 2023, 1117 )

NRS 598.98216

NRS

598.98216

Rescission or cancellation of agreement.

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 third business day after the date the agreement was entered into or signed. The notice must be addressed to the solar installation company at the solar installation companys 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.

(Added to NRS by 2023, 1117 )

NRS 598.9822

NRS

598.9822

Complaints against solar installation company; noncompliance constitutes deceptive trade practice; noncompliance renders agreement voidable; violation constitutes consumer fraud; documents in English or other language.

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.
The failure of a person to comply with NRS 598.9801 to 598.9822 , inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999 , inclusive.
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, including, without limitation, by failing to include any disclosure or information required by NRS 598.9801 to 598.9822 , inclusive, 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.
A violation of any provision of NRS 598.9801 to 598.9822 , inclusive, constitutes consumer fraud for the purposes of NRS 41.600 .
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.

If a solar installation company advertises its services or negotiates orally or in writing any of the requirements of NRS 598.9801 to 598.9822 , inclusive, 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, 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 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.

(Added to NRS by 2017, 4277 ; A 2023, 1122 )

COSMETIC PRODUCTS TESTED ON ANIMALS

NRS 618.900

NRS

618.900

Permit for construction or alteration of major process used to protect lives, safety and health of employees: Injunctive relief and penalty for failure to obtain permit.

If any person violates the provisions of NRS 618.898 , the Division may:

Maintain an action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation. The court may proceed in the action in a summary manner.
Unless a greater penalty is provided in this chapter, require the violator to pay an administrative fine of not more than $25,000.

(Added to NRS by 1999, 2011 )

Photovoltaic System Projects

NRS 618.912

NRS

618.912

Photovoltaic installer defined.

Photovoltaic installer means a person directly engaged with the electrical connection and wiring of a photovoltaic system project in a capacity other than as an inspector, management planner, consultant, project designer, contractor or supervisor for the photovoltaic system project.

(Added to NRS by 2005, 22nd Special Session, 72 )

NRS 618.916

NRS

618.916

Photovoltaic system project defined.

Photovoltaic system project means a project related to:

(a) The installation of a photovoltaic system; or

(b) The maintenance of a photovoltaic system.

The term does not include the installation or maintenance of a photovoltaic system before January 1, 2007.

(Added to NRS by 2005, 22nd Special Session, 72 )

NRS 618.922

NRS

618.922

Application for license: Requirements and procedures.

A person applying for a license as a photovoltaic installer must:

Submit an application on a form prescribed and furnished by the Division;
Pay all required fees established by the Division by regulation;
Pass an examination approved or administered by the Division for licensure as a photovoltaic installer;
If the person is a contractor, provide proof to the Division that the person has been issued a license of the appropriate classification by the State Contractors Board pursuant to chapter 624 of NRS; and
Meet any additional requirements established by the Division.

(Added to NRS by 2005, 22nd Special Session, 73 )

NRS 618.924

NRS

618.924

Application for license: Statement by applicant regarding child support; grounds for denial of license; duty of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

In addition to any other requirements set forth in NRS 618.910 to 618.936 , inclusive, an applicant for the issuance or renewal of a license as a photovoltaic installer shall submit to the Division:

(a) The statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.

(b) The social security number of the applicant.

The Division shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of a license; or

(b) A separate form prescribed by the Division.

A license as a photovoltaic installer may not be issued or renewed by the Division if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

If an applicant indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 2005, 22nd Special Session, 73 )

NRS 618.926

NRS

618.926

Renewal of license; continuing education or training.

A license as a photovoltaic installer expires 1 year after the date on which the license is issued. To renew a license as a photovoltaic installer, a person must, on or before the date on which the license expires:

(a) Apply to the Division for renewal;

(b) Pay the annual fee for renewal established by the Division by regulation; and

(c) Submit evidence satisfactory to the Division that the person has completed the requirements for continuing education or training established by the Division, if any.

The Division may adopt regulations establishing requirements for continuing education or training that a person must complete in order for the person to renew a license as a photovoltaic installer.

(Added to NRS by 2005, 22nd Special Session, 73 )

NRS 618.927

NRS

618.927

Renewal of license; additional requirements.

In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a photovoltaic installer must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76

of NRS.

A license as a photovoltaic installer may not be renewed by the Division if:

(a) The applicant fails to submit the information required by subsection 1; or

(b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

(1) Satisfied the debt;

(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130 ; or

(3) Demonstrated that the debt is not valid.

As used in this section:

(a) Agency has the meaning ascribed to it in NRS 353C.020 .

(b) Debt has the meaning ascribed to it in NRS 353C.040 .

(Added to NRS by 2013, 2743 )

NRS 618.928

NRS

618.928

Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

If the Division receives a copy of a court order issued pursuant to NRS 425.540

that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a photovoltaic installer, the Division shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued, unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550

stating that the holder of the license has complied with the subpoena or warrant, or has satisfied the arrearage pursuant to NRS 425.560 .

The Division shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .

(Added to NRS by 2005, 22nd Special Session, 74 )

NRS 618.930

NRS

618.930

Disciplinary action; owner of building not liable for employment of another photovoltaic installer after suspension or revocation of license of original installer.

In addition to any other remedy or penalty, if the Division finds that a person has violated any provision of NRS 618.910 to 618.936 , inclusive, or the standards or regulations adopted pursuant thereto, the Division may:

(a) Upon the first violation, impose upon the person an administrative fine of not more than $1,500.

(b) Upon the second violation or a subsequent violation:

(1) Impose upon the person an administrative fine of not more than $2,500; and

(2) If the person is licensed pursuant to NRS 618.910 to 618.936 , inclusive, suspend or revoke the persons license and require the person to fulfill certain training or educational requirements to have the license reinstated.

Any penalty imposed pursuant to subsection 1 does not relieve the person from criminal prosecution for acting as a photovoltaic installer without a license.
If the license of a photovoltaic installer is suspended or revoked pursuant to subsection 1 and the owner of a building or structure who has contracted with the photovoltaic installer for a photovoltaic system project contracts with another licensed photovoltaic installer to complete the project, the original photovoltaic installer may not bring an action against the owner of the building or structure for breach of contract or damages based on the contract with the other licensed photovoltaic installer.

(Added to NRS by 2005, 22nd Special Session, 74 ; A 2013, 2745 )

NRS 618.934

NRS

618.934

Injunctive relief.

The Division may maintain in a court of competent jurisdiction a suit for an injunction against any person who acts as a photovoltaic installer in violation of any provision of NRS 618.910 to 618.936 , inclusive, or the standards or regulations adopted pursuant thereto. An injunction:

May be issued without proof of actual damage sustained by any person.
Does not relieve the person from criminal liability for acting as a photovoltaic installer without a license.

(Added to NRS by 2005, 22nd Special Session, 75 )

NRS 618.936

NRS

618.936

Penalty for acting as photovoltaic installer without license or employing or contracting with person to act as installer without license.

Except as otherwise provided in subsection 2, a person shall not:

(a) Act as a photovoltaic installer for a photovoltaic system project unless the person holds a license as a photovoltaic installer issued by the Division; or

(b) Employ or contract with another person to act as a photovoltaic installer for a photovoltaic system project unless the other person holds a license as a photovoltaic installer issued by the Division.

A person is not required to obtain a license from the Division to install or maintain a photovoltaic system project on property that the person owns and occupies as a residence.
A person who violates any provision of this section is guilty of a misdemeanor.

(Added to NRS by 2005, 22nd Special Session, 75 )

MANDATORY OSHA-10 AND OSHA-30 TRAINING FOR CONSTRUCTION INDUSTRY

NRS 624.270

NRS

624.270

Bond or deposit: Requirements; amount; conditions.

Before issuing a contractors 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.

Before granting renewal of a contractors license to any applicant, the Board shall require that the applicant file with the Board satisfactory evidence that the applicants surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.
Failure of an applicant or licensee to file or maintain in full 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.
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 contractors financial and professional responsibility and the magnitude of the contractors operations, but must be not less than $1,000 or more than $500,000. The bond must be continuous in 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 time 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.
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 any 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 written decision by the Labor Commissioner; or

Ê 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.

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.
If a contractor who performs work concerning a residential pool or spa or work concerning a residential photovoltaic system used to produce electricity:

(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 void 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) Has five valid complaints filed against him or her with the Board within any 15-day period,

Ê the Board may require the contractor to comply with the provisions of subsection 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 subsection, 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.

Ê 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 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.

As used in this section, substantiated claim for wages has the meaning ascribed to it in NRS 607.165 .

[6:Art. IV:186:1941; added 1951, 365 ]—(NRS A 1959, 868 ; 1963, 695 ; 1965, 349 ; 1971, 180 ; 1975, 1160 ; 1983, 318 ; 1985, 1057 ; 1987, 1139 ; 1997, 1513 , 2688 ;

1999, 596 ; 2001, 2413 , 2981 ;

2003, 2142 ; 2005, 2383 ; 2021, 1058 )

NRS 624.3016

NRS

624.3016

Fraudulent or deceitful acts or omissions; criminal conviction; improper acts involving liens; improper acts involving residential pools and spas, residential photovoltaic systems used to produce electricity or residential improvements; failure to make required disclosure; failure to pay assessment; improper acts involving contract for public work; failure to notify Board of certain information; failure to provide or respond to claim made under builders warranty.

The following acts or omissions, among others, constitute cause for disciplinary action under

NRS 624.300 :

Any fraudulent or deceitful act committed in the capacity of a contractor, including, without limitation, misrepresentation or the omission of a material fact.
A conviction of a violation of NRS 624.730 , or a conviction in this State or any other jurisdiction of a felony relating to the practice of a contractor or a crime involving moral turpitude.
Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226 .
Failure to give a notice required by NRS 108.227 , 108.245 , 108.246

or 624.520 .

Failure to comply with:

(a) NRS 624.920 , 624.930 , 624.935 or 624.940 or any regulations of the Board governing contracts for work concerning residential pools and spas.

(b) NRS 624.860 to 624.875 , inclusive, or any regulations of the Board governing contracts for work concerning residential photovoltaic systems used to produce electricity.

Failure to comply with NRS 624.600 .
Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.
Failure to pay an assessment required pursuant to NRS 624.470 .
Failure to file a certified payroll report that is required for a contract for a public work.
Knowingly submitting false information in an application for qualification or a certified payroll report that is required for a contract for a public work.
Failure to notify the Board of a conviction or entry of a plea of guilty, guilty but mentally ill or nolo contendere pursuant to NRS 624.266 .
Failure to provide a builders warranty as required by NRS 624.602 or to respond reasonably to a claim made under a builders warranty.
The making, or the causing to be made, of a false or misleading statement or representation, or the omission of a material fact, by a licensee who is a natural person, an owner of a licensee, a managing officer of a licensee or any person who qualifies on behalf of a licensee pursuant to subsection 2 of NRS 624.260 in connection with the application of another person for a contractors license for the purpose of assisting the applicant to obtain the license.

(Added to NRS by 1969, 942 ; A 1983, 510 ; 1997, 2690 ; 1999, 1972 , 2965 ,

2967 ;

2001, 141 ; 2003, 2144 , 2618 ,

2704 ;

2005, 1207 , 2387 ;

2011, 1883 ; 2019, 2284 ; 2021, 1060 ; 2023, 66 , 1049 )

NRS 624.800

NRS

624.800

Statute of limitations for certain violations.

For any violation of the provisions of NRS 624.005 to 624.750 , inclusive, that is punishable as a misdemeanor, an indictment must be found, or an information or complaint filed, within 2 years after the commission of the offense.

(Added to NRS by 2005, 1200 )

RESIDENTIAL PHOTOVOLTAIC SYSTEMS USED TO PRODUCE ELECTRICITY

NRS 624.835

NRS

624.835

Contract defined.

Contract means any contract or agreement as described in NRS 598.9801 to 598.9822 , inclusive, in which a contractor agrees to perform work concerning a residential photovoltaic system used to produce electricity.

(Added to NRS by 2021, 1052 )

NRS 624.855

NRS

624.855

Work concerning a residential photovoltaic system used to produce electricity and work defined.

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 customers side of an electric meter on a single-family residence, 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.

The scope of such work includes the installation, alteration and repair of photovoltaic cells, batteries, inverters and storage systems used in the conversion of solar energy into electricity and the storage of that electricity on the customers side of an electric meter on a single-family residence.
The term does not include:

(a) Education regarding solar photovoltaics;

(b) Energy audits; or

(Added to NRS by 2021, 1053 )

NRS 624.860

NRS

624.860

License or employment by licensee required to perform, provide proposal or bid or execute contract to perform work concerning residential photovoltaic system used to produce electricity.

A person shall not, directly or indirectly perform or offer to perform, provide any proposal or bid for or execute a contract to perform any work concerning a residential photovoltaic system used to produce electricity unless the person:

Holds a license issued pursuant to this chapter which authorizes the person to perform work concerning a residential photovoltaic system used to produce electricity; or
Is an employee of a person described in subsection 1.

(Added to NRS by 2021, 1053 ; A 2023, 1123 )

NRS 624.865

NRS

624.865

Contractor required to obtain permits and meet certain requirements; certain owner-builders required to submit information regarding bonds and insurance; license or other authorization required to perform certain acts for owner-builder.

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 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.

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 on which the work is being performed, the owner shall comply with all state and local laws and ordinances for the submission of names, licenses and information concerning any required bonds and insurance with respect to the contractors working on the work.
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.

(Added to NRS by 2021, 1053 )

NRS 624.870

NRS

624.870

Duties of contractor regarding commencement, performance and completion of work; contract required to contain written explanation of rights of customer; conditions for final payment.

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 necessary 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.
A contractor 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.
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 on which the work was performed a full and unconditional release of the contractors claim for a mechanics lien for that portion of the work for which payment has been made.
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 and completion of the contract and the bond or joint control is furnished by the contractor.
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 other relevant statutes, including, without limitation, NRS 598.9801 to 598.9822 , inclusive.
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.

(Added to NRS by 2021, 1054 )

NRS 624.875

NRS

624.875

Mandatory elements and required information in contracts; contractor required to furnish copy of signed documents and receipt for money paid; certain contracts void; contractor required to apply for and obtain necessary permits and approvals from electric utility; regulations.

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 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 all applicable regulations adopted by the Board is voidable by the owner of the single-family residence.

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 contractors license number and the monetary limit on that license.

(b) The name and mailing address of the owner of the single-family residence on which the work is being performed and the address or legal description of the property.

(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 for all work to be performed under the contract, including all applicable taxes.

(g) The amount, not to exceed $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 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 residence 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 and is accepted by the owner of the single-family residence.

(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 collect progress payments from the owner of the single-family residence during the course of construction under a contract for the installation of a residential photovoltaic system used 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. With respect to a contract 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 the 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) If a contract with the owner of a single-family residence 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 payments made to the contractor by the disbursing party in accordance with the provisions of paragraph (k).

(m) 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 at the time the contract is executed.

Ê Except as otherwise provided in subsection 6, the contract may contain such other conditions, stipulations or provisions as to which the parties may agree.

The provisions of paragraph (k) 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 on the premises; or

(1) Purchased the residential photovoltaic 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.

The contract must contain:

(a) A method whereby the owner of the single-family residence may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.

(b) In close proximity to the signatures of the owner of the single-family residence and the contractor, a notice stating that the owner of the single-family residence:

(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 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 ;

(3) May contact an attorney for an explanation of the rights of the owner of the single-family residence under the contract; and

(4) May, if the contract was explained in a language other than the language in which the contract is written, ask for a contract that is written in the language in which the contract was explained.

At the time the owner of the single-family residence signs the contract, the contractor shall furnish to the owner of the single-family residence a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner of the single-family residence. 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.
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.
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.

(Added to NRS by 2021, 1054 )

NRS 624.880

NRS

624.880

Advertisements and solicitations for work: Requirements; prohibited practices; standards for advertisements; regulations.

Advertisements and solicitations for work concerning a residential photovoltaic system used to produce electricity must be truthful and not materially misleading.
A person who makes an advertisement or solicitation for work concerning a residential photovoltaic system used to produce electricity shall not expressly or implicitly state that the person will perform the work, enter into a contract, express or implied, to perform the work or act as a contractor to perform the work unless the person holds:

(a) A license issued pursuant to this chapter which authorizes the person to perform the work; or

(b) Any other license, certificate, registration or permit under state law which authorizes the person to perform the work,

Ê as provided pursuant to NRS 624.860 .

A contractor shall not cause to be published or display any advertisement that does not comply with the standards adopted by the Board pursuant to subsection 4.
The Board shall adopt by regulation standards for advertisements used by contractors in connection with the solicitation or sale of contracts for work concerning residential photovoltaic systems used to produce electricity.

(Added to NRS by 2021, 1057 )

NRS 624.885

NRS

624.885

Limitations on certain lending and financial practices.

A contract for work concerning a residential photovoltaic system used to produce electricity is not enforceable against the owner of a single-family residence 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 agrees to accept the loan or financing.

(b) The owner of the single-family residence does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.

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 has any obligation under the contract.

(Added to NRS by 2021, 1057 )

NRS 624.890

NRS

624.890

Contractor who commits certain violations may be required to obtain services of construction control.

If a contractor who performs work concerning a residential photovoltaic system used to produce electricity is determined by the Board to have violated:

(a) One or more of the provisions of NRS 624.301 to 624.305 , inclusive, 624.860 , 624.870

or 624.875 ; or

(b) Any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity,

Ê the Board may require that the contractor obtain the services of a construction control for each contract that the contractor enters into for work concerning a residential photovoltaic system used to produce electricity.

The contractor may not:

(a) Be related to the construction control or to an employee or agent of the construction control; or

(b) Hold, directly or indirectly, a financial interest in the business of the construction control.

As used in this section, construction control has the meaning ascribed to it in NRS 627.050 .

(Added to NRS by 2021, 1058 )

NRS 624.895

NRS

624.895

Grounds for disciplinary action; unlawful acts; penalties.

A violation of any provision of NRS 624.830 to 624.895 , inclusive, 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 Attorney General as a potential deceptive trade practice pursuant to chapter 598 of NRS.

It is unlawful for a person to violate any provision of NRS 624.830 to 624.895 , inclusive.
Any person who violates any provision of NRS 624.830 to 624.895 , inclusive, shall be penalized pursuant to the applicable provisions of NRS 624.700 and 624.750 .
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.

(Added to NRS by 2021, 1058 )

RESIDENTIAL SWIMMING POOLS AND SPAS

NRS 624.970

NRS

624.970

The Board may adopt by regulation mandatory elements to be included in all contracts to be used by residential contractors for work concerning a residential improvement. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2023, any contract entered into between a residential contractor and the owner of a single-family residence who occupies the single-family residence for work concerning a residential improvement must comply with the provisions of this section and all applicable regulations adopted by the Board. A contract that does not comply with the provisions of:

(a) Subsection 2, other than the provisions of paragraph (g) of subsection 2, and all applicable regulations adopted by the Board may be modified by the owner of the single-family residence to bring the contract into compliance with those provisions and regulations. Any modification of a contract made pursuant to this paragraph is enforceable against the residential contractor if the modification is reasonable.

(b) Paragraph (g) of subsection 2 is voidable by the owner of the single-family residence.

Any contract for work concerning a residential improvement must contain in writing at least the following information:

(a) The name of the residential contractor, his or her address and contractors license number and the monetary limit on that license.

(b) The name and mailing address of the owner of the single-family residence on which the work is being performed and the address or legal description of the property.

(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 residential contractor by the owner for all work to be performed under the contract, including all applicable taxes.

(g) The amount, not to exceed $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 residential contractor by the owner before the start of the work. The provisions of this paragraph do not apply if the residential contractor has filed with the Board a bond solely for the protection of consumers in the amount of $100,000 or has been granted relief by the Board pursuant to subsection 5 of NRS 624.270 .

(h) A statement that the residential contractor has provided the owner with the notice and informational form required by NRS 624.520 and 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 who is contracting for work concerning a residential improvement unless the change order sets forth all changes in the scope and price of the work and is accepted by the owner.

(j) For a project of new work concerning a residential improvement, 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 improvement, 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, the dollar amount of any progress payment and the stage of construction at which the residential contractor will be entitled to collect progress payments from the owner during the course of construction under a contract for work concerning a residential improvement. 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 residential contractor to receive, nor may the residential 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. The provisions of this paragraph do not apply if the residential 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.

(l) If the contract 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 payments made to the residential contractor by the disbursing party in accordance with the provisions of paragraph (k).

Ê Except as otherwise provided in subsection 5, the contract may contain such other conditions, stipulations or provisions to which the parties may agree.

The contract must contain:

(a) A method whereby the owner may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.

(b) In close proximity to the signatures of the owner and the residential contractor, a notice stating that the owner:

(1) May contact the Board if assistance is needed to clarify any of the provisions of the contract that the owner 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 ;

(3) May contact an attorney for an explanation of the rights of the owner under the contract; and

(4) May, if the contract was explained in a language other than the language in which the contract is written, ask for a contract that is written in the language in which the contract was explained.

At the time the owner signs the contract, the residential contractor shall furnish to the owner a legible copy of all documents signed and a written and signed receipt for any money paid to the residential contractor by the owner. All written information provided in the contract must be printed in at least 10-point bold type. The contract, receipt and other documents referenced in this subsection may be delivered by electronic means.
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 that relieves a person of an obligation or liability imposed by this chapter or those regulations is void.
The residential contractor shall apply for and obtain all necessary permits.
As used in this section:

(a) Contract means any contract or agreement in which a residential contractor agrees to perform work concerning a residential improvement.

(b) Residential contractor means a contractor who is licensed pursuant to this chapter and who contracts with the owner of a single-family residence to perform work concerning a residential improvement.

(d) Work concerning a residential improvement or work means any construction, remodeling, repair or improvement performed by a residential contractor to a completed, single-family residence or any activity for the supervision concerning such work. The term does not include work concerning a residential photovoltaic system used to produce electricity, as defined in NRS 624.855 , or work concerning a residential pool or spa, as defined in NRS 624.915 .

(Added to NRS by 2023, 1047 )

NRS 701.070

NRS

701.070

Renewable energy defined.

Renewable energy means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(a) Biomass;

(b) Fuel cells;

(d) Solar energy;

(e) Waterpower; and

(f) Wind.

The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(Added to NRS by 2001, 3259 )

NRS 701.180

NRS

701.180

General duties concerning energy resources and energy conservation. [Effective through December 31, 2025.]

The Director shall:

Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources, including, without limitation:

(a) Information relating to the Solar Energy Systems Incentive Program created pursuant to NRS 701B.240 and the Wind Energy Systems Demonstration Program created pursuant to 701B.580, including, without limitation, information relating to:

(1) The development of distributed generation systems in this State pursuant to participation in the Solar Energy Systems Incentive Program;

(2) The use of carbon-based energy in residential and commercial applications due to participation in the Programs; and

(3) The average cost of generation on a kilowatt-hour basis for residential and commercial applications due to participation in the Programs; and

(b) Information relating to any money distributed pursuant to NRS 702.270 .

Review and evaluate information which identifies trends and permits forecasting of the energy available to the State. Such forecasts must include estimates on:

(a) The level of demand for energy in the State for 5-, 10- and 20-year periods;

(b) The amount of energy available to meet each level of demand;

(d) The sources of renewable energy and other alternative sources of energy which are available and their possible effects.

Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the State.
Solicit and serve as the point of contact for grants and other money from the Federal Government, including, without limitation, any grants and other money available pursuant to any program administered by the United States Department of Energy, and other sources:

(a) To promote energy projects that enhance the economic development of the State;

(b) To promote the use of renewable energy in this State;

(c) To promote the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

(d) To develop a comprehensive program for retrofitting public buildings in this State with energy efficiency measures; and

(e) If the Director determines that it is feasible and cost-effective, to enter into contracts with researchers from the Nevada System of Higher Education for the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State developed pursuant to paragraph (d).

Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumers Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
If requested to make a determination pursuant to NRS 111.239 or 278.0208 , make the determination within 30 days after receiving the request. If the Director needs additional information to make the determination, the Director may request the information from the person making the request for a determination. Within 15 days after receiving the additional information, the Director shall make a determination on the request.
Cooperate with the Department of Wildlife in carrying out the provisions of NRS 701.600 to 701.640 , inclusive.
Upon request by a developer of an energy development project or a local government in a county in which an energy development project is proposed to be located, coordinate discussions, not otherwise required by any existing regulatory agency, with interested parties concerning any potential effect of the energy development project.
Carry out all other directives concerning energy that are prescribed by the Governor.

(Added to NRS by 1977, 1164 ; A 1983, 2093 ; 2001, 3264 ; 2009, 1371 , 1596 ;

2011, 93 , 2057 ,

2550 ,

2563 ;

2013, 3347 , 3815 )

NRS

701.180

General duties concerning energy resources and energy conservation. [Effective January 1, 2026.]

The Director shall:

Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources, including, without limitation, information relating to any money distributed pursuant to NRS 702.270 .
Review and evaluate information which identifies trends and permits forecasting of the energy available to the State. Such forecasts must include estimates on:

(a) The level of demand for energy in the State for 5-, 10- and 20-year periods;

(b) The amount of energy available to meet each level of demand;

(d) The sources of renewable energy and other alternative sources of energy which are available and their possible effects.

Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the State.
Solicit and serve as the point of contact for grants and other money from the Federal Government, including, without limitation, any grants and other money available pursuant to any program administered by the United States Department of Energy, and other sources:

(a) To promote energy projects that enhance the economic development of the State;

(b) To promote the use of renewable energy in this State;

(c) To promote the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

(d) To develop a comprehensive program for retrofitting public buildings in this State with energy efficiency measures; and

Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumers Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.
If requested to make a determination pursuant to NRS 111.239 or 278.0208 , make the determination within 30 days after receiving the request. If the Director needs additional information to make the determination, the Director may request the information from the person making the request for a determination. Within 15 days after receiving the additional information, the Director shall make a determination on the request.
Cooperate with the Department of Wildlife in carrying out the provisions of NRS 701.600 to 701.640 , inclusive.
Upon request by a developer of an energy development project or a local government in a county in which an energy development project is proposed to be located, coordinate discussions, not otherwise required by any existing regulatory agency, with interested parties concerning any potential effect of the energy development project.
Carry out all other directives concerning energy that are prescribed by the Governor.

(Added to NRS by 1977, 1164 ; A 1983, 2093 ; 2001, 3264 ; 2009, 1371 , 1372 ,

1596 ;

2011, 93 , 2057 ,

2550 ,

2558 ,

2563 ;

2013, 3347 , 3815 , effective January 1, 2026)

NRS 701.390

NRS

701.390

Dissemination of information; development of resources and projects; promotion of research and studies; cooperation and coordination with other officers and agencies.

The Director shall:

Utilize all available public and private means to:

(a) Provide information to the public about issues relating to energy and to explain how conservation of energy and its sources may be accomplished; and

(b) Work with educational and research institutions, trade associations and any other public and private entities in this State to create a database for information on technological development, financing opportunities and federal and state policy developments regarding renewable energy and energy efficiency.

Encourage the development of any sources of renewable energy and any energy projects which will benefit the State and any measures which conserve or reduce the demand for energy or which result in more efficient use of energy, including, without limitation, by:

(a) Identifying appropriate areas in this State for the development of sources of renewable energy, based on:

(1) Assessments of solar, wind and geothermal potential;

(2) Evaluations of natural resource constraints;

(3) Current electric transmission infrastructure and capacity; and

(4) The feasibility of the construction of new electric transmission lines;

(b) Working with renewable energy developers to locate their projects within appropriate areas of this State, including, without limitation, assisting the developers to interact with the Bureau of Land Management, the Department of Defense and other federal agencies in:

(1) Expediting land leases;

(2) Resolving site issues; and

(3) Receiving permits for projects on public lands within the appropriate areas of this State;

(c) Coordinating the planning of renewable energy projects in appropriate areas of this State to establish a mix of solar, wind and geothermal renewable energy systems that create a reliable source of energy and maximize the use of current or future transmission lines and infrastructure; and

(d) Developing proposals for the financing of future electric transmission projects for renewable energy if no such financing proposals exist.

Review jointly with the Nevada System of Higher Education the policies of this State relating to the research and development of the geothermal energy resources in this State and make recommendations to the appropriate state and federal agencies concerning methods for the development of those resources.
If the Director determines that it is feasible and cost-effective, enter into contracts with researchers from the Nevada System of Higher Education:

(a) To conduct environmental studies relating to the identification of appropriate areas in this State for the development of renewable energy resources, including, without limitation, hydrologic studies, solar resource mapping studies and wind power modeling studies;

(b) For the development of technologies that will facilitate the energy efficiency of the electricity grid for this State, including, without limitation, meters that facilitate energy efficiency for consumers of electricity; and

(c) For the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State with energy efficiency measures.

Carry out all other directives concerning energy that are prescribed by the Legislature.

(Added to NRS by 2009, 1366 ; A 2011, 2063 )

NRS 704.110

NRS

704.110

Procedure for changing schedule: Investigation by Commission; parties; time within which Commission must act; general rate application; other applications and rate adjustments; deferred energy accounting adjustments; recovery of costs to plan, construct, retire or eliminate certain facilities.

Except as otherwise provided in NRS 704.075 , 704.68861 to 704.68887 , inclusive, and 704.7865 , or as may otherwise be provided by the Commission pursuant to NRS 704.095 ,

704.097 or 704.7621 :

If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumers Advocate shall be deemed a party of record.
Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.
If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utilitys plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:

(a) An electric utility that primarily serves less densely populated counties shall file a general rate application:

(1) Not later than 5 p.m. on or before the first Monday in June 2019; and

(2) At least once every 36 months thereafter or on a date specified in an alternative rate-making plan approved by the Commission pursuant to NRS 704.7621 .

(b) An electric utility that primarily serves densely populated counties shall file a general rate application:

(1) Not later than 5 p.m. on or before the first Monday in June 2020; and

(2) At least once every 36 months thereafter or on a date specified in an alternative rate-making plan approved by the Commission pursuant to NRS 704.7621 .

(c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

(d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

Ê The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.

In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:

(a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

(b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.

If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.
If a public utility files with the Commission a general rate application, the public utility, or a public utility affiliated with the public utility through common ownership, shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility or its affiliate is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit a public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or 10, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application pursuant to NRS 704.187 , if the public utility is otherwise authorized to so file by those provisions.
A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:

(a) An electric utility which is required to adjust its rates on a quarterly basis pursuant to subsection 10; or

(b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis pursuant to subsection 8.

A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utilitys recorded costs of natural gas purchased for resale. A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of a public utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 2.5 cents per therm of natural gas. If the balance of the public utilitys deferred account varies by less than 5 percent from the public utilitys annual recorded costs of natural gas which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per therm of natural gas.
If the Commission approves a request to make any rate adjustments on a quarterly basis pursuant to subsection 8:

(a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320

or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill or by electronic transmission pursuant to NRS 704.188 . The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a). The written notice required by this paragraph:

(1) Must be printed separately, if included with the customers regular monthly bill, or the subject line of the electronic transmission must indicate that notice of a quarterly rate adjustment is included, if provided by electronic transmission pursuant to NRS 704.188 ; and

(2) Must include the following in clear and bold text:

(I) The total amount of the increase or decrease in the public utilitys revenues from the rate adjustment, stated in dollars and as a percentage;

(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;

(IV) A statement that the transactions and recorded costs of natural gas which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual rate adjustment application pursuant to paragraph (d); and

(V) Any other information required by the Commission.

(c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to

NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of natural gas included in each quarterly filing and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.

(e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.

An electric utility shall adjust its rates on a quarterly basis based on changes in the electric utilitys recorded costs of purchased fuel or purchased power. In addition to adjusting its rates on a quarterly basis, an electric utility may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of an electric utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 0.25 cents per kilowatt-hour of electricity. If the balance of the electric utilitys deferred account varies by less than 5 percent from the electric utilitys annual recorded costs for purchased fuel or purchased power which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per kilowatt-hour of electricity.
A quarterly rate adjustment filed pursuant to subsection 10 is subject to the following requirements:

(a) The electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. The first quarterly adjustment to a deferred energy accounting adjustment must be made pursuant to an order issued by the Commission approving the application of an electric utility to make quarterly adjustments to its deferred energy accounting adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320

or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(b) The electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill or by electronic submission pursuant to NRS 704.188 . The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice required by this paragraph:

(2) Must include the following in clear and bold text:

(I) The total amount of the increase or decrease in the electric utilitys revenues from the rate adjustment, stated in dollars and as a percentage;

(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;

(IV) A statement that the transactions and recorded costs of purchased fuel or purchased power which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual deferred energy accounting adjustment application pursuant to paragraph (d); and

(V) Any other information required by the Commission.

(c) The electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(d) The proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of purchased fuel and purchased power included in each quarterly filing and the annual deferred energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.

(e) The Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.

If an electric utility files an annual deferred energy accounting adjustment application pursuant to subsection 11 and

NRS 704.187 while a general rate application is pending, the electric utility shall:

(a) Submit with its annual deferred energy accounting adjustment application information relating to the cost of service and rate design; and

(b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto, or the retirement or elimination of a utility facility identified in an emissions reduction and capacity replacement plan submitted pursuant to NRS 704.7316

and accepted by the Commission for retirement or elimination pursuant to NRS 704.751 and the regulations adopted pursuant thereto, shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing, or retiring or eliminating, as applicable, such a facility. For the purposes of this subsection, a plan or an amendment to a plan shall be deemed to be accepted by the Commission only as to that portion of the plan or amendment accepted as filed or modified with the consent of the utility pursuant to NRS 704.751 .

In regard to any rate or schedule approved or disapproved pursuant to this section, the Commission may, after a hearing:

(a) Upon the request of the utility, approve a new rate but delay the implementation of that new rate:

(1) Until a date determined by the Commission; and

(2) Under conditions as determined by the Commission, including, without limitation, a requirement that interest charges be included in the collection of the new rate; and

(b) Authorize a utility to implement a reduced rate for low-income residential customers.

The Commission may, upon request and for good cause shown, permit a public utility which purchases natural gas for resale or an electric utility to make a quarterly adjustment to its deferred energy accounting adjustment in excess of the maximum allowable adjustment pursuant to subsection 8 or 10.
A public utility which purchases natural gas for resale or an electric utility that makes quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 8 or 10 may submit to the Commission for approval an application to discontinue making quarterly adjustments to its deferred energy accounting adjustment and to subsequently make annual adjustments to its deferred energy accounting adjustment. The Commission may approve an application submitted pursuant to this subsection if the Commission finds that approval of the application is in the public interest.
As used in this section:

(a) Deferred energy accounting adjustment means the rate of a public utility which purchases natural gas for resale or an electric utility that is calculated by dividing the balance of a deferred account during a specified period by the total therms or kilowatt-hours which have been sold in the geographical area to which the rate applies during the specified period, not including kilowatt-hours sold pursuant to an expanded solar access program established pursuant to NRS 704.7865 .

(b) Electric utility has the meaning ascribed to it in NRS 704.187 .

(c) Electric utility that primarily serves densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 700,000 or more than it does from customers located in counties whose population is less than 700,000.

(d) Electric utility that primarily serves less densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 700,000 than it does from customers located in counties whose population is 700,000 or more.

[Part 14:109:1919; A 1933, 228 ; 1931 NCL § 6113]—(NRS A 1969, 998 ; 1975, 1451 , 1559 ;

1977, 482 ; 1979, 1106 , 1719 ;

1983, 240 ; 1985, 636 , 1127 ;

1989, 1012 , 1835 ;

1991, 776 ; 1997, 1908 ; 1999, 3261 ; 2001, 347 , 3247 ;

2003, 3039 ; 2005, 1277 , 1920 ;

2007, 490 , 545 ,

552 ,

697 ,

2979 ;

2009, 610 , 1394 ,

2471 ;

2011, 386 , 1302 ;

2013, 3077 ; 2015, 1087 ; 2019, 1193 , 2316 ;

2021, 412 ; 2023, 3030 )

NRS 704.741

NRS

704.741

Plan to increase supply or decrease demands: Submission not less than triennially; joint plans by certain affiliated utilities; contents prescribed by regulation; requirements.

A utility which supplies electricity in this State shall, on or before June 1 of every third year, or more often if necessary, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission. Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.
The Commission shall, by regulation:

(a) Prescribe the contents of such a plan, including, but not limited to, the methods or formulas which are used by the utility or utilities to:

(1) Forecast the future demands, except that a forecast of the future retail electric demands of the utility or utilities must not include the amount of energy and capacity proposed pursuant to subsection 6 as annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019; and

(2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them;

(b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary; and

(c) Establish requirements governing the manner in which and circumstances under which an amendment may be filed with the Commission to modify an approved plan.

The Commission shall require the utility or utilities to include in the plan:

(a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources.

(b) A proposal for the expenditure of not less than 10 percent of the total expenditures related to energy efficiency and conservation programs on energy efficiency measures for customers of the electric utility in low-income households and residential customers and public schools in historically underserved communities, through both targeted programs and programs directed at residential customers and public schools in general.

(c) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include:

(1) At least one scenario of low carbon dioxide emissions that:

(I) Uses sources of supply that result in, by 2050, an amount of energy production from zero carbon dioxide emission resources that equals the forecasted demand for electricity by customers of the utility;

(II) Includes the deployment of distributed generation; and

(III) If the plan is submitted on

or before June 1, 2027, uses sources of supply that result in, by the year 2030, an 80 percent reduction in carbon dioxide emissions from the generation of electricity to meet the demands of customers of the utility as compared to the amount of such emissions in the year 2005.

(2) At least one scenario that provides for the construction or acquisition of energy resources through contract or ownership to be placed into service to close an open position utilizing dedicated energy resources in this State and dedicated energy resources delivered through firm transmission. A significant share of the renewable energy facilities and energy storage systems included in the scenario must be owned by the utility.

Ê A requirement to include a particular scenario in the plan pursuant to this paragraph, or the compliance of a utility with such a requirement, shall not be construed as indicating a preference by the Commission or the utility for a particular scenario.

(d) An analysis of the effects of the requirements of NRS 704.766 to 704.776 , inclusive, on the reliability of the distribution system of the utility or utilities and the costs to the utility or utilities to provide electric service to all customers. The analysis must include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.

(e) A list of the utilitys or utilities assets described in NRS 704.7338 .

(f) A surplus asset retirement plan as required by NRS 704.734 .

For each scenario considered pursuant to subsection 3, the plan must include, without limitation:

(a) For each energy resource proposed:

(1) A description of each energy resource to be constructed, acquired or contracted for by the utility, including, without limitation, the location of the energy resource, the technology to be used by the energy resource to generate electricity, the anticipated capacity of the energy resource and the anticipated date by which the energy resource will be placed into service;

(2) The cost of constructing or acquiring, operating and maintaining the energy resource or, if the energy resource is contracted for by the utility, the price of the energy to be supplied by the energy resource;

(3) Whether the energy resource will be owned by the utility or utilized by the utility pursuant to a contract with a third party; and

(4) Any other information required by the Commission to evaluate the prudence of the scenario.

(b) An evaluation of the impact that the implementation of the scenario will have on:

(1) The ability of the utility to decrease its reliance on market purchases to meet the utilitys open energy load requirements, including, without limitation, any appropriate reserves, and the forecast of energy needs over the next 10 years;

(2) The ability of the utility to reliably integrate into its supply portfolio larger amounts of electricity from variable energy resources, including, without limitation, solar, geothermal, hydropower and wind energy resources;

(3) The ability of the utility to access energy markets or geographic locations that have excess capacity to import into this State through firm transmission to ensure additional reliability in times of increased energy needs;

(4) The ability of the utility to increase access to carbon-free energy, support compliance with the renewable portfolio standard and advance the goals for the reduction of greenhouse gas emissions set forth in NRS 445B.380 and 704.7820 through a balanced portfolio of energy supply and demand-side resources;

(5) The ability of the utility to demonstrate to a regional entity that the utility has adequate resources to meet the forecast for energy needs over the next 10 years;

(6) The ability of the utility to advance cost-effective demand-side management;

(7) The rates charged to the customers of

the utility, provided that, in implementing the plan, the utility must endeavor to mitigate costs for the benefit of customers to the extent possible by utilizing federal funding and tax credits available to utilities or third parties for the development of electric resources; and

(8) The benefits from high-quality jobs, job training and apprenticeships provided by the projects included in the plan, whether constructed or operated by the utility or a third-party developer.

The Commission shall require the utility or utilities to include in the plan a distributed resources plan. The distributed resources plan must:

(a) Evaluate the locational benefits and costs of distributed resources. This evaluation must be based on reductions or increases in local generation capacity needs, avoided or increased investments in distribution infrastructure, safety benefits, reliability benefits and any other savings the distributed resources provide to the electricity grid for this State or costs to customers of the electric utility or utilities.

(b) Propose or identify standard tariffs, contracts or other mechanisms for the deployment of cost-effective distributed resources that satisfy the objectives for distribution planning.

(c) Propose cost-effective methods of effectively coordinating existing programs approved by the Commission, incentives and tariffs to maximize the locational benefits and minimize the incremental costs of distributed resources.

(d) Identify any additional spending necessary to integrate cost-effective distributed resources into distribution planning consistent with the goal of yielding a net benefit to the customers of the electric utility or utilities.

(e) Identify barriers to the deployment of distributed resources, including, without limitation, safety standards related to technology or operation of the distribution system in a manner that ensures reliable service.

(f) Include a transportation electrification plan as required by NRS 704.7867 .

The Commission shall require the utility or utilities to include in the plan a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019. In developing the proposal and the forecasts in the plan, the utility or utilities must use a sensitivity analysis that, at a minimum, addresses load growth, import capacity, system constraints and the effect of eligible customers purchasing less energy and capacity than authorized by the proposed annual limit. The proposal in the plan must include, without limitation:

(a) A forecast of the load growth of the utility or utilities;

(b) The number of eligible customers that are currently being served by or anticipated to be served by the utility or utilities;

(c) Information concerning the infrastructure of the utility or utilities that is available to accommodate market-based new electric resources;

(d) Proposals to ensure the stability of rates and the availability and reliability of electric service; and

(e) For each year of the plan, impact fees applicable to each megawatt or each megawatt hour to account for costs reflected in the base tariff general rate and base tariff energy rate paid by end-use customers of the electric utility.

The annual limits proposed pursuant to subsection 6 shall not apply to energy and capacity sales to an eligible customer if the eligible customer:

(a) Was not an end-use customer of the electric utility at any time before June 12, 2019; and

(b) Would have a peak load of 10 megawatts or more in the service territory of an electric utility within 2 years of initially taking electric service.

As used in this section:

(a) Distributed generation system has the meaning ascribed to it in NRS 701.380 .

(b) Distributed resources means distributed generation systems, energy efficiency, energy storage, electric vehicles and demand-response technologies.

(d) Energy has the meaning ascribed to it in NRS 704B.090 .

(e) Energy storage system has the meaning ascribed to it in NRS 704.793 .

(f) Historically underserved community has the meaning ascribed to it in NRS 704.78343 .

(g) Low-income household has the meaning ascribed to it in NRS 704.78347 .

(h) New electric resource has the meaning ascribed to it in NRS 704B.110 .

(i) Provider of new electric resources has the meaning ascribed to it in NRS 704B.130 .

(j) Renewable energy zones means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.

(k) Sensitivity analysis means a set of methods or procedures which results in a determination or estimation of the sensitivity of a result to a change in given data or a given assumption.

(Added to NRS by 1983, 886 ; A 1987, 961 ; 2007, 2986 ; 2009, 993 , 1075 ;

2015, 2149 , 2216 ;

2017, 938 , 4286 ;

2019, 1199 , 3516 ;

2021, 3793 ; 2023, 3037 )

NRS 704.746

NRS

704.746

Public hearing on adequacy of plan; determination by Commission; regulations.

After a utility has filed its plan pursuant to NRS 704.741 , the Commission shall convene a public hearing on the adequacy of the plan.
The Commission shall determine the parties to the public hearing on the adequacy of the plan. A person or governmental entity may petition the Commission for leave to intervene as a party. The Commission must grant a petition to intervene as a party in the hearing if the person or entity has relevant material evidence to provide concerning the adequacy of the plan. The Commission may limit participation of an intervener in the hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.
In addition to any party to the hearing, any interested person may make comments to the Commission regarding the contents and adequacy of the plan.
After the hearing, the Commission shall determine whether:

(a) The forecast requirements of the utility or utilities are based on substantially accurate data and an adequate method of forecasting.

(b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.

(c) The plan adequately demonstrates the economic, environmental and other benefits to this State and to the customers of the utility or utilities associated with the following possible measures and sources of supply:

(1) Improvements in energy efficiency;

(2) Pooling of power;

(3) Purchases of power from neighboring states or countries;

(4) Facilities that operate on solar or geothermal energy or wind;

(5) Facilities that operate on the principle of cogeneration or hydrogeneration;

(6) Other generation facilities; and

(7) Other transmission facilities.

The Commission shall give preference to the measures and sources of supply set forth in paragraph (c) of subsection 4 that:

(a) Provide the greatest economic and environmental benefits to the State;

(b) Are consistent with the provisions of this section;

(d) Provide the greatest opportunity for the creation of new jobs in this State; and

(e) Provide for diverse electricity supply portfolios and which reduce customer exposure to the price volatility of fossil fuels and the potential costs of carbon.

Ê In considering the measures and sources of supply set forth in paragraph (c) of subsection 4 and determining the preference given to such measures and sources of supply, the Commission shall consider the cost of those measures and sources of supply to the customers of the electric utility or utilities.

The Commission shall:

(a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply; and

(b) Consider the value to the public of using water efficiently when it is determining those preferences.

The Commission shall:

(a) Consider the level of financial commitment from developers of renewable energy projects in each renewable energy zone, as designated pursuant to subsection 2 of NRS 704.741 ; and

(b) Adopt regulations establishing a process for considering such commitments including, without limitation, contracts for the sale of energy, leases of land and mineral rights, cash deposits and letters of credit.

The Commission shall, after a hearing, review and accept or modify an emissions reduction and capacity replacement plan which includes each element required by NRS 704.7316 . In considering whether to accept or modify an emissions reduction and capacity replacement plan, the Commission shall consider:

(a) The cost to the customers of the electric utility or utilities to implement the plan;

(b) Whether the plan provides the greatest economic benefit to this State;

(d) Whether the plan represents the best value to the customers of the electric utility or utilities.

In considering whether to accept or modify a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 after May 16, 2019, which is included in the plan pursuant to subsection 6 of NRS 704.741 , the Commission shall consider whether the proposed annual limits:

(a) Further the public interest, including, without limitation, whether the proposed annual limits promote safe, economic, efficient and reliable electric service to all customers of electric service in this State;

(b) Align an economically viable utility model with state public policy goals; and

(c) Encourage the development and use of renewable energy resources located in this State and, in particular, renewable energy resources that are coupled with energy storage.

In considering whether to accept or modify a plan to accelerate transportation electrification submitted pursuant to NRS 704.7867 , the Commission shall consider:

(a) Whether the proposed investments, incentives, rate designs, systems and programs are reasonably expected to achieve one or more of the following:

(1) Improve the efficiency of the electric utilitys electrical system, operational flexibility or system utilization during off-peak hours;

(2) Improve the ability of the electric utility to integrate renewable energy resources which generate electricity on an intermittent basis into the transmission and distribution grid;

(3) Reduce greenhouse gas emissions and air pollution;

(4) Improve air quality in communities most affected by air pollution from the transportation sector;

(5) Support increased consumer choice in electric vehicle charging and related infrastructure and services;

(6) Increase access to the use of electricity as a transportation fuel by low-income users by including investments, incentives or programs for those users, or for entities operating in communities or at locations that will benefit low-income users;

(7) Foster the investment of private capital in transportation electrification, as defined in NRS 704.7867 , and the demand for skilled jobs in related services; and

(8) Provide information and education on the benefits of transportation electrification to customers.

(b) Whether the proposed investments, incentives, rate designs, systems and programs provide electric services and pricing that customers value.

(c) Whether the proposed investments, incentives, systems and programs incorporate public reporting requirements which will serve to inform program design and Commission policy.

(d) The cost to the customers of the electric utility to implement the plan.

(Added to NRS by 1983, 887 ; A 1989, 1607 ; 1991, 524 ; 2007, 1773 ; 2009, 993 , 1323 ;

2013, 3084 ; 2017, 2472 , 4287 ;

2019, 3518 ; 2021, 3796 ; 2023, 3041 )

NRS 704.763

NRS

704.763

Electric utility required to disclose certain information concerning electric services; format, contents and methods of disclosure; regulations; exceptions.

On and after October 1, 2001, each electric utility shall disclose to its retail customers information about electric services, and any products and services relating thereto, that are being provided to or purchased for those retail customers by the electric utility. The disclosure must:

(a) Be in a standard, uniform format established by the Commission by regulation;

(b) Be included:

(1) At least two times each calendar year, as an insert in the bills that the electric utility sends to its retail customers; and

(2) If the electric utility maintains a website on the Internet or any successor to the Internet, on that website; and

(c) Include adequate information so that a retail customer can readily evaluate the retail customers options for obtaining electric services or any products or services relating thereto.

A disclosure required by this section must include, if applicable:

(a) The average mix of energy sources used to generate the electricity sold by the electric utility to the retail customer. An electric utility may, if available, use a regional average that has been determined by the Commission for that portion of electricity sold by the electric utility to the retail customer for which the specific mix of energy sources cannot be discerned.

(b) The average emissions, measured in pounds per megawatt-hour, of:

(1) Any high-level radioactive waste, sulfur dioxide, carbon dioxide, oxides of nitrogen and heavy metals released in this state from the generation of the electricity sold by the electric utility to the retail customer; and

(2) Any other substances released in this state from the generation of the electricity sold by the electric utility to the retail customer which the Commission, in cooperation with the Division of Environmental Protection of the State Department of Conservation and Natural Resources, determines may cause a significant health or environmental impact and for which sufficiently accurate and reliable data is available.

Ê If an electric utility uses a regional average for the mix of energy sources pursuant to paragraph (a), the electric utility shall, if available, use for the average emissions pursuant to this paragraph a regional calculation that has been determined by the Commission.

(d) Information concerning any energy programs that provide assistance to retail customers with low incomes, including, without limitation, information on the procedures to apply for such programs.

An electric utility:

(a) Shall make the disclosures required pursuant to this section in accordance with the requirements adopted by the Commission as to form and substance; and

(b) Shall ensure that it provides the information in compliance with all applicable state and federal laws governing unfair advertising and labeling.

The Commission shall adopt such regulations concerning form and substance for the disclosures required by this section as are necessary to ensure that retail customers are provided with sufficient information so that they can readily evaluate their options for obtaining electric services and any products and services relating thereto.
The provisions of this section do not require an electric utility to disclose to its retail customers any information about electric services, and any products and services relating thereto, that are subject to the provisions of chapter 704B

of NRS.

As used in this section:

(a) Electric utility has the meaning ascribed to it in NRS 704.187 .

(b) Energy source includes, without limitation:

(1) Coal, natural gas, oil, propane and any other fossil fuel;

(2) Geothermal energy, solar energy, hydroelectric energy, nuclear energy, wind, biofuel and biomass; and

(3) Any other specific energy source that is used to generate the electricity provided to the retail customer.

(Added to NRS by 2001, 1654 ; A 2001, 3267 )

NRS 704.7715

NRS

704.7715

Renewable energy defined.

Renewable energy means:

(a) Biomass;

(b) Geothermal energy;

(d) Waterpower; and

(e) Wind.

The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
As used in this section, waterpower means power derived from standing, running or falling water which is used for any plant, facility, equipment or system to generate electricity if the generating capacity of the plant, facility, equipment or system is not more than 30 megawatts. Except as otherwise provided in this subsection, the term includes, without limitation, power derived from water that has been pumped from a lower to a higher elevation if the generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts. The term does not include power:

(a) Derived from water stored in a reservoir by a dam or similar device, unless:

(1) The water is used exclusively for irrigation;

(2) The dam or similar device was in existence on January 1, 2003; and

(3) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts;

(b) That requires a new or increased appropriation or diversion of water for its creation; or

(1) The primary purpose of the use of the fossil fuel is not the creation of the power; and

(2) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts.

(Added to NRS by 2001, 3242 ; A 2019, 15 )

NRS 704.7811

NRS

704.7811

Renewable energy defined.

Renewable energy means:

(a) Biomass;

(b) Geothermal energy;

(d) Waterpower; and

(e) Wind.

The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
As used in this section, waterpower means power derived from standing, running or falling water which is used for any plant, facility, equipment or system to generate electricity. Except as otherwise provided in this subsection, the term includes, without limitation, power derived from water that has been pumped from a lower to a higher elevation if the generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts, and the plant, facility, equipment or system was in existence and used to derive power from pumped water before January 1, 2019. The term does not include power:

(a) That requires a new or increased appropriation or diversion of water for its creation;

(b) That requires the use of any fossil fuel for its creation, unless the primary purpose of the use of the fossil fuel is not the creation of the power; or

(c) That was produced before April 22, 2019, from a renewable energy system with a generating capacity of more than 30 megawatts placed into operation before July 1, 1997.

(Added to NRS by 2001, 2527 ; A 2003, 1875 ; 2019, 16 )

NRS 704.7815

NRS

704.7815

Renewable energy system defined.

Renewable energy system means:

A facility or energy system that uses renewable energy or energy from a qualified energy recovery process to generate electricity and:

(a) Uses the electricity that it generates from renewable energy or energy from a qualified recovery process in this State; or

(b) Transmits or distributes the electricity that it generates from renewable energy or energy from a qualified energy recovery process to a provider of electric service for delivery into and use in this State.

A solar energy system that reduces the consumption of electricity or any fossil fuel.
A net metering system used by a customer-generator pursuant to NRS 704.766

to 704.776 , inclusive.

(Added to NRS by 2001, 2527 ; A 2001, 3274 ; 2003, 1866 , 1875 ;

2005, 22nd Special Session, 82 ; 2009, 996 , 1399 ;

2011, 1943 ; 2019, 1203 )

NRS 704.7821

NRS

704.7821

Establishment of portfolio standard; requirements; treatment of certain solar energy systems; portfolio energy credits; renewable energy contracts and energy efficiency contracts; exemptions; regulations.

For each provider of electric service, the Commission shall establish a portfolio standard. Except as otherwise provided in subsections 6, 8 and 9, the portfolio standard must require each provider to generate, acquire or save electricity from portfolio energy systems or efficiency measures in an amount that is:

(a) For calendar years 2005 and 2006, not less than 6 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

(b) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

(c) For calendar years 2009 and 2010, not less than 12 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

(d) For calendar years 2011 and 2012, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

(e) For calendar years 2013 and 2014, not less than 18 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

(f) For calendar years 2015 through 2019, inclusive, not less than 20 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

(g) For calendar year 2020, not less than 22 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

(h) For calendar year 2021, not less than 24 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

(i) For calendar years 2022 and 2023, not less than 29 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

(j) For calendar years 2024 through 2026, inclusive, not less than 34 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

(k) For calendar years 2027 through 2029, inclusive, not less than 42 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

(l) For calendar year 2030 and for each calendar year thereafter, not less than 50 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:

(a) Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures:

(1) During calendar years 2013 and 2014, not more than 25 percent of that amount may be based on energy efficiency measures;

(2) During each calendar year 2015 to 2019, inclusive, not more than 20 percent of that amount may be based on energy efficiency measures;

(3) During each calendar year 2020 to 2024, inclusive, not more than 10 percent of that amount may be based on energy efficiency measures; and

(4) For calendar year 2025 and each calendar year thereafter, no portion of that amount may be based on energy efficiency measures.

Ê If the provider intends to use energy efficiency measures to comply with its portfolio standard during any calendar year, of the total amount of electricity saved from energy efficiency measures for which the provider seeks to obtain portfolio energy credits pursuant to this paragraph, at least 50 percent of that amount must be saved from energy efficiency measures installed at service locations of residential customers of the provider, unless a different percentage is approved by the Commission.

(b) If the provider acquires or saves electricity from a portfolio energy system or efficiency measure pursuant to a renewable energy contract or energy efficiency contract with another party:

(1) The term of the contract must be not less than 10 years, unless the other party agrees to a contract with a shorter term; and

(2) The terms and conditions of the contract must be just and reasonable, as determined by the Commission. If the provider is a utility provider and the Commission approves the terms and conditions of the contract between the utility provider and the other party, the contract and its terms and conditions shall be deemed to be a prudent investment and the utility provider may recover all just and reasonable costs associated with the contract.

If, for the benefit of one or more retail customers in this State, the provider has paid for or directly reimbursed, in whole or in part, the costs of the acquisition or installation of a solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.
The Commission shall adopt regulations that establish a system of portfolio energy credits that may be used by a provider to comply with its portfolio standard.
Except as otherwise provided in subsection 6, each provider shall comply with its portfolio standard during each calendar year.
If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of portfolio energy credits, the provider shall take actions to acquire or save electricity pursuant to one or more renewable energy contracts or energy efficiency contracts. The Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission if the Commission determines that:

(a) For the calendar year, there is not or will not be a sufficient supply of electricity or a sufficient amount of energy savings made available to the provider pursuant to renewable energy contracts and energy efficiency contracts with just and reasonable terms and conditions, after the provider has made reasonable efforts to secure such contracts; or

(b) The provider is unable to obtain a sufficient supply of electricity to comply with the portfolio standard because of a delay in the completion of the construction of a renewable energy system, or the underperformance of an existing renewable energy system, that is under the control of a person or entity other than the provider and that was intended to provide such electricity.

The Commission shall adopt regulations that establish:

(a) Standards for the determination of just and reasonable terms and conditions for the renewable energy contracts and energy efficiency contracts that a provider must enter into to comply with its portfolio standard.

(b) Methods to classify the financial impact of each long-term renewable energy contract and energy efficiency contract as an additional imputed debt of a utility provider. The regulations must allow the utility provider to propose an amount to be added to the cost of the contract, at the time the contract is approved by the Commission, equal to a compensating component in the capital structure of the utility provider. In evaluating any proposal made by a utility provider pursuant to this paragraph, the Commission shall consider the effect that the proposal will have on the rates paid by the retail customers of the utility provider.

For the purposes of subsection 1, for calendar year 2019 and for each calendar year thereafter, the total amount of electricity sold by a provider to its retail customers in this State during a calendar year does not include the amount of electricity sold by the provider as part of a program of optional pricing authorized by the Commission pursuant to which the provider either transfers portfolio energy credits to the customer or retires portfolio energy credits above the renewable energy portfolio standard on behalf of the customer.
For the purposes of subsection 1, for calendar year 2019 and for each calendar year thereafter, the total amount of electricity sold by the following providers to their retail customers in this State during a calendar year does not include the first 1,000,000 megawatt-hours of electricity sold by the provider to such customers during that calendar year:

(a) A rural electric cooperative established pursuant to chapter 81 of NRS that is in existence on April 22, 2019.

(b) A general improvement district established pursuant to chapter 318 of NRS that is in existence on April 22, 2019.

268 , 709 or 710 of NRS that is in existence on April 22, 2019.

(d) A cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 , which provides service only to its members and which is in existence and providing retail electric service on April 22, 2019.

Ê Such providers do not earn energy portfolio credits under the system of energy portfolio credits established by the Commission pursuant to subsection 4 for electricity generated or acquired by the provider from renewable energy systems to make the first 1,000,000 megawatt-hours of sales to retail customers within this State within a calendar year. The provisions of this subsection do not apply to any successor in interest of such a provider.

A provider listed in subsection 9 shall, during any calendar year in which the total amount of electricity sold by the provider to its retail customers in this State during that calendar year is less than 1,000,000 megawatt-hours, submit to the Commission, after the end of the calendar year and within the time prescribed by the Commission, a report of the total amount of electricity sold to its retail customers in this State for that calendar year. The providers described in paragraphs (a) and (d) of subsection 9 shall submit the report required by this subsection to the Commission as part of the annual report filed by such a provider as required by

NRS 703.191 .

As used in this section:

(a) Energy efficiency contract means a contract to attain energy savings from one or more energy efficiency measures owned, operated or controlled by other parties.

(b) Renewable energy contract means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.

(c) Terms and conditions includes, without limitation, the price that a provider must pay to acquire electricity pursuant to a renewable energy contract or to attain energy savings pursuant to an energy efficiency contract.

(Added to NRS by 2001, 2528 ; A 2003, 1866 , 1876 ;

2005, 22nd Special Session, 82 ; 2007, 414 ; 2009, 996 , 1399 ;

2013, 2318 ; 2019, 18 )

NRS 704.78213

NRS

704.78213

Establishment of portfolio standard for providers of new electric resources; requirements; treatment of certain solar energy systems.

If the Commission issues an order approving an application that is filed pursuant to NRS 704B.310 or a request that is filed pursuant to NRS 704B.325 regarding a provider of new electric resources and an eligible customer, the Commission must establish in the order a portfolio standard applicable to the electricity sold by the provider of new electric resources to the eligible customer in accordance with the order. The portfolio standard must require the provider of new electric resources to generate, acquire or save electricity from portfolio energy systems or efficiency measures in the amounts described in the portfolio standard set forth in NRS 704.7821 .
Except as otherwise provided in this subsection, of the total amount of electricity that a provider of new electric resources is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not more than 25 percent of that amount may be based on energy efficiency measures. The provisions of this subsection apply to an order of the Commission approving an application that is filed pursuant to NRS 704B.310 or a request filed pursuant to NRS 704B.325 regarding a provider of new electric resources and an eligible customer only:

(a) If the order was issued by the Commission before January 1, 2019; and

(b) For calendar years before 2025.

If, for the benefit of one or more eligible customers, the eligible customer of a provider of new electric resources has paid for or directly reimbursed, in whole or in part, the costs of the acquisition or installation of a solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider of new electric resources generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.
As used in this section:

(a) Eligible customer has the meaning ascribed to it in NRS 704B.080 .

(b) Provider of new electric resources has the meaning ascribed to it in NRS 704B.130 .

(Added to NRS by 2009, 992 ; A 2019, 21 )

NRS 704.7822

NRS

704.7822

Calculation of electricity generated or acquired from certain solar photovoltaic systems.

For the purpose of complying with a portfolio standard established pursuant to NRS 704.7821 or 704.78213 , a provider shall be deemed to have generated or acquired 2.4 kilowatt-hours of electricity from a renewable energy system for each 1.0 kilowatt-hour of actual electricity generated or acquired from a solar photovoltaic system, if:

The system is installed on the premises of a retail customer;
The system was placed into operation on or before December 31, 2015; and
On an annual basis, at least 50 percent of the electricity generated by the system is utilized by the retail customer on that premises.

(Added to NRS by 2003, 805 ; A 2009, 999 ; 2013, 2321 )

NRS 704.785

NRS

704.785

Adoption of regulations authorizing electric utility to recover amount based on effects of implementing energy efficiency and conservation programs.

The Commission shall adopt regulations authorizing an electric utility to recover an amount based on the measurable and verifiable effects of the implementation by the electric utility of energy efficiency and conservation programs approved by the Commission, which:

(a) Must include:

(1) The costs reasonably incurred by the electric utility in implementing and administering the energy efficiency and conservation programs; and

(2) Any financial disincentives relating to other supply alternatives caused or created by the reasonable implementation of the energy efficiency and conservation programs; and

(b) May, if the Commission determines that it will serve the public interest by removing financial disincentives which discourage an electric utility from implementing or promoting the participation of the customers of the electric utility in energy efficiency and conservation programs, include a rate adjustment mechanism to ensure that the revenue per customer authorized in a general rate application is recovered without regard to the difference in the quantity of electricity actually sold by the electric utility subsequent to the date on which the rates take effect. A rate adjustment mechanism adopted pursuant to this paragraph may apply to one or more rate classes.

When considering whether to approve an energy efficiency or conservation program proposed by an electric utility as part of a plan filed pursuant to NRS 704.741 , the Commission shall consider the effect of any recovery by the electric utility pursuant to this section on the rates of the customers of the electric utility.
As used in this section, electric utility has the meaning ascribed to it in NRS 704.187 .

(Added to NRS by 2009, 1391 ; A 2017, 4293 )

Expanded Solar Access Program

NRS 704.7865

NRS

704.7865

Certain electric utilities required to offer program to eligible customers in service area; limitation on size of program; regulations establishing program standards; submission of plan to implement program; review and approval or denial of plan by Commission; preferred sites for utility scale solar energy resource development.

An electric utility shall offer an expanded solar access program to 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.

The Commission shall adopt regulations establishing standards for the expanded solar access program. The 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 of community-based solar resources and utility scale solar resources;

(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 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 customers and which is adjusted in accordance with the Commissions quarterly calculations;

(3) For low-income eligible customers, provides for a lower rate, the cost of which must be allocated across all of the rate classes of the utility;

(4) For eligible customers who are not low-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, franchise fees, the renewable energy program rate and base tariff general rates, except that the Commission may reduce one or more of these charges for low-income eligible customers to ensure that such customers receive a lower rate pursuant to subparagraph (3);

(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;

(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 of 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 eligible customers to participate in the program;

(m) Ensure reasonable and equitable participation by eligible customers within the service area of the electric utility;

(n) Ensure that eligible customers are able to participate in the program regardless of whether the customer owns, rents or leases the customers 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 the Commission pursuant to paragraph (p) that they cannot install solar resources on their premises;

(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) Establish standards for the form, content and manner of submission of an electric utilitys plan for implementing the expanded solar access program.

An electric utility shall file a plan for implementing the expanded solar access program in accordance with the regulations adopted by the Commission pursuant to subsection 2.
The Commission shall review the plan for the implementation of the expanded solar access program submitted pursuant to subsection 3 and issue an order approving, 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.
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 Secretary of the Interior as Solar Energy Zones and held by the Bureau of Land Management.
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 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.

(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) Electric utility that primarily serves densely populated counties has the meaning ascribed to it in NRS 704.110 .

(f) 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.

(h) Fully bundled 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 is a single-family or a multifamily residential customer.

(k) Low-income eligible customer means a natural person or household who is a fully bundled residential customer of a utility and has an income 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) Solar Energy Zone means an area identified and designated by the Bureau of Land Management 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) Solar resource means a facility or energy system that uses a solar photovoltaic device to generate electricity.

(n) 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) Utility scale solar resource means a solar resource which has a nameplate capacity of at least 50 megawatts and is interconnected directly to a substation of the electric utility through a generation step-up transformer.

(Added to NRS by 2019, 2311 ; A 2023, 355 )

Transportation Electrification

NRS 704.79877

NRS

704.79877

Incorporation through amendment of resource plan; purposes; authorized projects; allocation of costs between utilities submitting joint plan and recovery of costs; evaluation of certain impacts from plan implementation.

On or before September 1, 2021, an electric utility shall file an amendment to its most recent resource plan filed pursuant to NRS 704.741 to incorporate into the resource plan a transmission infrastructure for a clean energy economy plan which sets forth a plan for the construction of high-voltage transmission infrastructure that will be placed into service not later than December 31, 2028, to:

(a) Assure a reliable and resilient transmission network in this State to serve the existing and currently projected transmission service obligations of the electric utility;

(b) Assist the utility in meeting the portfolio standard established by NRS 704.7821 and the goals for the reduction of greenhouse gas emissions set forth in NRS 445B.380 and 704.7820 ;

(c) Promote economic development in this State, including, without limitation, by creating jobs, expanding the tax base or providing other economic benefits;

(d) Expand transmission access to renewable energy zones designated by the Commission pursuant to subsection 2 of NRS 704.741 to promote the development and use of renewable energy resources in this State;

(e) Use federally granted rights-of-way within designated renewable energy transmission corridors before the expiration of such rights-of-way; and

(f) Support the development of regional transmission interconnections that may be required for:

(1) This State to cost-effectively achieve the goals for the reduction of greenhouse gas emissions set forth in NRS 445B.380 and 704.7820 ; and

(2) The electric utility to participate fully in any future organized competitive regional wholesale electricity market on the Western Interconnection.

Ê Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.

The plan submitted pursuant to subsection 1 must not include any project other than the following high-voltage transmission infrastructure projects for which the Commission has previously approved conceptual designs, permitting and land acquisition:

(a) A project for the implementation of high-voltage transmission infrastructure interconnecting northwest and northeast Nevada, which will increase the transmission import capacity of northern Nevada by not less than 800 megawatts.

(b) A project for the implementation of high-voltage transmission infrastructure located in southern Nevada and accessing a federally designated renewable energy transmission corridor that will accommodate future renewable energy development and increased demand for electricity.

Except as otherwise provided in this subsection, if an electric utility that primarily serves densely populated counties and an electric utility that primarily serves less densely populated counties submit a joint plan pursuant to subsection 1, 70 percent of the costs of high-voltage transmission infrastructure projects included in the plan must be allocated to the electric utility that primarily serves densely populated counties and 30 percent of such costs must be allocated to the electric utility that primarily serves less densely populated counties. The Commission may review and reassess the allocation of costs between electric utilities based on the actual benefits that accrue to the electric utilities after the projects are in service. The Commission retains full authority to decide any request by an electric utility for the recovery of such costs before a high-voltage transmission infrastructure project is placed into service, and to determine if any proposed financial incentive will be provided on the recovery of such costs.
The plan submitted pursuant to subsection 1 must include an evaluation of the impact that the implementation of the plan will have on:

(a) The reliability of the transmission network of the utility;

(b) The resilience of the transmission network of the utility, including, without limitation, the ability of the transmission network to withstand natural or manmade events that could otherwise disrupt the provision of electric service in this State;

(d) Economic activity and economic development in this State over a period of not less than 20 years from the date of the plan, including, without limitation, capital investments, the direct or indirect creation of jobs and additions to the tax base of this State;

(e) The projected carbon dioxide emissions of the utility resulting from the generation of electricity, including, without limitation, carbon dioxide emissions from the generation of electricity that is purchased by the electric utility;

(f) The ability of the utility to diversify its supply portfolio of renewable energy resources by including larger amounts of geothermal energy generation and hydrogeneration;

(g) The ability of the utility to reliably integrate into its supply portfolio larger amounts of electricity from variable renewable energy resources, including, without limitation, solar and wind energy resources;

(h) The ability of the utility to reduce its energy supply costs by selling to other states electricity generated in this State from renewable energy during periods when the utilitys supply of electricity exceeds the demand for electricity by the customers of the utility;

(i) The ability of the utility to reduce its energy supply costs by purchasing electricity generated in other states from renewable energy during periods when the demand for electricity by the customers of the utility exceeds the availability of electricity from renewable generation in this State;

(j) The utilitys provision of open access to interstate and intrastate transmission services, in accordance with the utilitys open access transmission tariff, to other persons in this State using the utilitys transmission network, including, without limitation, eligible customers, as defined in NRS 704B.080 , and providers of new electric resources, as defined in NRS 704B.130 , who are or intend to become customers of the utilitys interstate transmission services;

(k) The ability of the utility to accommodate requests for access to renewable energy resources that will allow customers who want to acquire all of their energy from zero carbon dioxide emission resources to do so;

(l) The development of regional transmission interconnections that may be required for this State to cost-effectively achieve the goals for the reduction of greenhouse gas emissions set forth in NRS 445B.380 and 704.7820 or for the electric utility to participate fully in any future organized competitive regional wholesale electricity market on the Western Interconnection;

(m) The rates charged to the bundled retail customers of the utility; and

(n) The financial risk to the customers of the utility.

As used in this section, Western Interconnection means the synchronously operated electric transmission grid located in the western part of North America, including parts of Montana, Nebraska, New Mexico, South Dakota, Texas, Wyoming and Mexico and all of Arizona, California, Colorado, Idaho, Nevada, Oregon, Utah, Washington and the Canadian Provinces of British Columbia and Alberta.

(Added to NRS by 2021, 3784 )

NRS 704.79887

NRS

704.79887

Regional Transmission Coordination Task Force: Creation; membership; members serve at pleasure of Governor and without compensation. [Effective through December 31, 2031.]

The Regional Transmission Coordination Task Force is hereby created.
The Governor shall appoint a person to act as the Chair of the Task Force who serves at the pleasure of the Governor. The Chair is a voting member of the Task Force.
In addition to the Chair, the Task Force consists of:

(a) The following voting members, appointed by the Governor:

(1) A representative of an electric utility that primarily serves densely populated counties, as defined in NRS 704.110 ;

(2) A representative of an organization that represents rural electric cooperatives and municipally owned electric utilities in this State;

(3) A representative of the Colorado River Commission of Nevada;

(4) A representative of a transmission line development company operating in this State;

(5) A representative of the large-scale solar energy industry in this State;

(6) A representative of the geothermal energy industry in this State;

(7) A representative of the data center businesses in this State;

(8) A representative of an organization that represents the mining industry in this State;

(9) A representative of an organization that represents the gaming and resort businesses in this State;

(10) A representative of a labor organization in this State;

(11) A representative of an organization in this State that advocates on behalf of environmental or public lands issues who has expertise in or knowledge of environmental or public lands issues;

(12) A representative of the Department of Native American Affairs;

(13) A representative of the Office of Energy;

(14) A representative of the Office of Economic Development;

(15) Two members of the Senate, nominated by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party;

(16) Two members of the Assembly, nominated by the Speaker of the Assembly, at least one of whom must be a member of the minority political party; and

(17) Not more than three persons who represent the general public.

(b) The following nonvoting members, appointed by the Governor:

(1) A representative of the Public Utilities Commission of Nevada; and

(2) A representative of the Bureau of Consumer Protection in the Office of the Attorney General.

The members of the Task Force serve at the pleasure of the Governor.
The members of the Task Force serve without compensation.

(Added to NRS by 2021, 3788 ; A 2023, 2773 )

NRS 706.462

NRS

706.462

Issuance and renewal; application requirements; fees.

A person shall not drive a charter bus for the purposes of charter bus transportation, a motor vehicle for a fully regulated carrier of passengers or a taxicab motor carrier as an employee, independent contractor or lessee unless the person has been issued a drivers permit by the Authority pursuant to this section.
The Authority shall issue a drivers permit to each applicant who satisfies the requirements of this section. Before issuing a drivers permit, the Authority shall:

(a) Require the applicant to submit a complete set of his or her fingerprints, which the Authority shall forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and may further investigate the applicants background; and

(b) Require proof that the applicant is employed or under a contract or lease agreement or has an offer of employment, a contract or a lease agreement that is contingent on the applicant obtaining a drivers permit pursuant to this section and:

(1) Has a valid license issued pursuant to

NRS 483.340 which authorizes the applicant to drive in this State any motor vehicle that is within the scope of the employment, contract or lease; or

(2) If the driver is a resident of a state other than Nevada, has a valid license issued by the state in which he or she resides which authorizes the applicant to drive any motor vehicle that is within the scope of the employment, contract or lease.

The Authority may refuse to issue a drivers permit if:

(a) The applicant has been convicted of:

(1) A felony, other than a sexual offense, in this State or any other jurisdiction within the 5 years immediately preceding the date of the application;

(2) A felony involving any sexual offense in this State or any other jurisdiction at any time before the date of the application; or

(3) A violation of NRS 484C.110 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct within the 3 years immediately preceding the date of the application.

(b) After further investigation into the applicants background, if any, the Authority determines that the issuance of the drivers permit would be detrimental to public health, welfare or safety.

A drivers permit issued pursuant to this section is valid for not longer than 3 years, but lapses if the driver ceases to be employed by the carrier identified in the application for the original or renewal permit or if the contract or lease expires and the driver enters into a contract or lease with a different carrier. A driver must notify the Authority within 10 days after the lapse of a permit and obtain a new permit pursuant to this section before driving for a different carrier.
An applicant shall pay to the Authority:

(a) A fee for the processing of fingerprints which is to be established by the Authority and which may not exceed the fee charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

(b) For an original drivers permit, a fee not to exceed $50.

As used in this section, charter bus transportation means transportation by bus of a group of persons who, pursuant to a common purpose and under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin. The term does not include:

(a) The transportation of passengers and their baggage in the same vehicle for a per capita charge between airports or between an airport and points and places in this State;

(b) The transportation at a per capita or an hourly rate of passengers to various points of interest for the purpose of sightseeing or visiting those points of interest where a narrated tour is presented to the passengers;

(c) The transportation of persons who have acquired the use of a vehicle for a special event between definite points of origin and destination, at a per capita rate; or

(d) In a county whose population is less than 100,000, the transportation of a group of persons to and from a single job site or work site, including, without limitation, a construction site, mine or facility or project for the production of renewable energy. As used in this paragraph:

(1) Construction site means any location at which construction work is being commenced or in progress.

(2) Mine means an excavation in the earth from which ores, coal or other mineral substances are extracted, or a subterranean natural deposit of minerals located and identified as such by the staking of a claim or other method recognized by law. The term includes, without limitation, a well drilled to extract minerals.

(3) Renewable energy means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(I) Biomass;

(II) Fuel cells;

(III) Geothermal energy;

(IV) Solar energy;

(V) Waterpower; and

(VI) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(Added to NRS by 2013, 2177 ; A 2015, 781 )

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)