SectionSections 569 and 48 of this bill repealsremove the remaining provisions of law relatingwhichs toof reference the Program.

Sections 9 and 48 of this bill remove provisions of law which reference the Program.

(NRS 704.741) Sections 39 and 41 of this bill remove the requirement for an electric utility to include a plan for the construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility in meeting the portfolio standard in its before September 1, 2021, to amend its most recently filed resource planplan. to include or a plan for certain high-voltage transmission infrastructure construction projects that will be placed into service not later than December 31, 2028.

SectionInstead, 39sections requires15- the24 integrated resource plan, with respect to the possible sources of supplythis ofbill therequire an electric utility, toon includeor atbefore leastSeptember one1, scenario2021, ofto lowamend carbonits dioxidemost emissionsrecently thatfiled usesresource sourcesplan ofto supplyinclude thata willplan achievefor certain reductionshigh-voltage intransmission carbon2028. dioxide emissions.

Section 39 requires the integrated resource plan, with respect to the possible sources of1, supply of the electric utility, to include at least one scenario of low carbon dioxide emissions that uses sources of supply that will achieve certain reductions in carbon dioxide emissions.

Section 33 of this bill requires relatedthe toTask energyForce transmissionto in this State, including the costs and benefits of the transmission providers in this State joining a regional transmission organization.

Section 51 - 81st Session (2021) – 3 – of this bill provides that an electric utility is not required to include a transportation electrification plan in its resource plan filed on or before June 1, 2021, but an electric utility is required to file an amendment to its resource plan to add a transportation electrification plan on or before September 1, 2022.

Section 38 of this bill makes a conformingconfSection change.49 of this bill requires an electric utility, on or before September 1, 2021, to file a plan to invest in certain transportation electrification programs during the period beginning January 1, 2022, and ending on December 31, 2024, and establishes requirements for the contents of the transportation electrification investment plan for that period.

Section 49 of this bill requires an electric utility, on or before September 1, during the period beginning January 1, 2022, and ending on December 31, 2024,rams and establishes requirements for the contents of the transportation electrification investment plan for that period.

Section 35 of this bill provides that there is no presumption that the expenses, investments or other costs incurred by a utility were prudently incurred and places the burden on the utility to demonstrate that expenses, investments or other costs were prudently and reasonablySenate incurred.Amendment No.

698 to Senate Bill No.

448 Page 5 reasonably incurred.

Section 36 of this bill provides that a person is not a public utility if he or she owns or operates a net metering system that provides electricity to multiple units or spaces on the same premises as the net metering system if the electricity is delivered only to units or spaces on the same premises as the net metering system, there are no individual meters measuring electricity useelectricity bybased theupon units or spaces and volumetric electricity use.nitsuse.ng the units or spaces are not charged for electricity based upon Existing law authorizes an electric utility to dispose of its generation assets pursuant to an authorized merger, acquisition or transaction or pursuant to an authorized transfer of its certificate of public convenience and necessity if the merger, acquisition, transaction or transfer satisfies certain requirements, including that the other person in the merger, acquisition, transaction or transfer is not a subsidiary, affiliate or a person that holds a controlling interest in the electric company.

Existing law establishes the Economic Development Electric Rate Rider Program to encourage the location or relocation of new businesses in this State by providing discounted required to establish the discounted electric rates forthat electricitymay be charged pursuant to eligiblethe participants.Program as a percentage of the base tariff energy rate.

(NRS 704.7871-704.7881) 704.7882)Existing Thelaw Commissionprohibits is required to establish the discountedOffice electric rates that may be charged pursuant to the Program as a percentage of theEconomic baseDevelopment tariff energy within the Office of the Governor from accepting an application or approving an applicant for participation in the Program after the earlier of December 31, 2017, or the date on which the capacity set aside for allocation pursuant to the Program is fully allocated.

Section 47 of this bill requires the Commission to - 81st Session (2021) – 4 – submit a report concerning the Program on or before December 31, 2022, for transmittal to the 82nd Session of the Legislature.

Existing law requires the Commission to establish goals for energy savings for each electric utility for each calendar year and also requires each electric utility to implement an energy efficiency plan which is cost effective and designed to meet requires that at least 5 percent of the expendituresgoals relatedfor to energy efficiencysavings programsestablished mustby be directed toward low-income customers of the electricCommission. utility.

(NRSExisting 704.741,law 704.7836)further Sectionsrequires 39, 41 and 44 of this bill require that at least 105 percent of the expenditures related to energy efficiency programs must be spentdirected ontoward energy efficiency measures for customers in low-income households and residential customers andof publicthe schoolselectric inutility. historically underserved communities.

Additionally,(NRS section704.741, 44704.7836) provides[Section] thatSections programs39, that41 canand offer44 variableof incentive this bill requires[requires] anrequire electricthat utilityat least 10 percent of the expenditures related to amendenergy itsefficiency programs must be spent on energy efficiency planmeasures tofor conformcustomers within thelow- amendatoryincome provisionshouseholds ofand thisresidential bill.customers and public schools in historically underserved communities.

Additionally, section 44 provides that programs that can offer variable incentive levels must offer higher incentive levels for low-income households.

Section 54 of this bill requires an electric utility to amend its energy efficiency plan to conform with the amendatory provisions of this bill.

Section 43 makes a conforming change to indicate the proper placementplacExisting law creates the New Energy Industry Task Force which is charged with advising the Director of sectionsthe 12Office andof 13Energy inon measures to promote the Nevadadevelopment Revisedof Statutes.renewable energy and energy efficiency projects.

Existing(NRS law701.500, creates the New Energy Industry Task Force which is charged with advising the Director of the Office of Energy on measures to promote the 701.510) Section 55 of this bill abolishes the Task Force.ects.Force.

(NRSSenate 701.500,Amendment EXPLANATIONNo. – Matter in bolded italics is new;

matter698 between brackets [omitted material] is material to beSenate omitted.Bill No.

448 Page 6 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Meeting these greenhouse gas emission goals will require substantial further reductions in Nevada’s transportation sector - 81st Session (2021) – 5 – emissions below the current projected emission levels for that sector for 2025 and 2030.

Accelerating the use of electric vehicles will help preserve Nevada’s climate and help protect Nevadans from unhealthy air pol6.tioAccelerating the use of electric vehicles will reduce pollution in low-income neighborhoods and communities of color that traditionally have been most affected by transportation pollution.

6.

Accelerating the use of electric vehicles will reduce pollution in low- income neighborhoods and communities of color that traditionally have been most affected by transportation pollution.

Widespread adoption of electric vehicles requires that electric utilities increaseincome accessNevadans toand electricityhistorically asunderserved acommunities.including transportation fuel, including access for low-incomelow- Nevadans9. and historically underserved communities.

9.

Widespread adoption of electric vehicles should improve an electric utility’s electrical system efficiency and operational flexibility, including, without limitation, the ability of the electric utility to integrate variable renewable energy generation resources andSec.and to make use of off-peak generation resources.

2.e uChapter 701A of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

2.

Chapter 701A of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

Sec.

“Energy storage technology” means technology that stores energy as potential, kinetic, chemical or thermal energy that can be released atas aelectric laterpower, time, including, without limitation, batteries, flywheels, electrochemical capacitors, compressed-air storage and thermal storage devices.

“Facility for the storage of energy from renewable generation” means a facility that is constructed or installed for the sole purpose of storing electric energy received from a facility for the generation of electricity from renewable energy for release as electric power at a later time, including, without limitation, a facility that is designed to use energy storage technology.

-Senate 81stAmendment SessionNo. (2021) – 6 – Sec.

698 to Senate Bill No.

448 Page 7 Sec.

701A.300 NRSAs used in NRS 701A.300 to 701A.390, inclusive, and sections 3, 4 and 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 701A.305 to 701A.345, inclusive, and sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

6.

NRS 701A.300 is hereby amended to read as follows:

701A.300 As used in NRS 701A.300 to 701A.390, inclusive, and sections 3, 4 and 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 701A.305 to 701A.345, inclusive, and sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

Sec.

application3. for a partial abatement, the Director shall forward a copy of the application to:

As soon as practicable after the Director receives an application for a partial abatement, the Director shall forward a copy of the application to:

-5. 81st Session (2021) – 7 – The hearing must not be held earlier than 30 days after all persons listed in subsection 3 have received a copy of the application.

The Director shall hold a public hearing on the application.

The hearing must not be held earlier than 30 days after all persons listed in subsection 3 have received a copy of the application.

and specified(2) period.heBind the successors in interest in the facility for the (b)specified Theperiod. facility is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the facility operates.

(c)(b) NoThe fundingfacility is orregistered willpursuant beto providedthe bylaws anyof governmental entity in this State foror the acquisition,applicant designcommits orto constructionobtain ofa thevalid facilitybusiness orlicense forand theall acquisitionother ofpermits anyrequired landby therefor,the exceptcounty, anycity privateor activitytown bondsin aswhich definedthe infacility 26operates. U.S.C.

Senate Amendment No.

698 to Senate Bill No.

448 Page 8 (c) No funding is or will be provided by any governmental entity in this State for the acquisition, design or construction of the facility or for the acquisition of any land therefor, except any private activity bonds as defined in 26 U.S.C.

(1) There will be 75 or more full-time employees working on the construction of the facility during the second quarter of cause,construction, atincluding, leastunless 50waived percentby whothe areDirector residentsfor of Nevada;for good (2)cause, Establishing the facility will require the facility to make a capital investment of at least $10,000,00050 inpercent thiswho Stateare inresidents capital assets that will be retained at the location of theNevada; facility until at least the date which is 5 years after the date on which the abatement becomes effective;

(3)(2) TheEstablishing averagethe hourlyfacility wage that will berequire paid by the facility to itsmake employeesa incapital thisinvestment Stateof is at least 110$10,000,000 percentin ofthis theState averagein statewidecapital hourlyassets wage,that excludingwill managementbe andretained administrativeat -the 81stlocation Sessionof (2021)the –facility 8until –at ofleast the Departmentdate ofwhich Employment,is Training5 andyears Rehabilitationafter onthe Julydate 1on ofwhich eachthe fiscalabatement year;becomes effective;

(3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year;

and (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Director by regulation pur(e)pursuant Ifto theNRS facility701A.390. will be located in a county whose population is less than 100,000, in an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or in a city whose population is less than 60,000, the facility meets the following requirements:

(e) If the facility will be located in a county whose population is less than 100,000, in an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or in a city whose population is less than 60,000, the facility meets the following requirements:

(2) Establishing the facility will require the facility to make a capital investment of at least $3,000,000 in this State in capital assets that will be retained at the location of the facility until at least becomes effective;5 years after the date on which the abatement (3) The average hourly wage that will be paid by the facility to its employees in this State is at5 leastyears 110after percent of the averagedate statewideon hourlywhich wage, excluding management and administrative employees, as established by the Employmentabatement Securitybecomes Divisioneffective; of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year;

and(3) (4)The Exceptaverage ashourly otherwisewage providedthat inwill subsectionbe 6,paid by the averagefacility hourlyto wageits of the employees workingin onthis theState constructionis ofat theleast -110 81stpercent Sessionof (2021)the –average 9statewide –hourly wage, excluding management and administrative employees, asideas hourly established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal yearyear; and:

and (4) Except as otherwise provided in subsection 6, the average hourly wage of the employees working on the construction of the facility will be at least 175 Senate Amendment No.

698 to Senate Bill No.

448 Page 9 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

(g) The facility is consistent with the State Plan for Economic Development developed by the Executive Director of the Office oficof Economic Development pursuant to subsection 2 of NRS 231.053.

(a) Shall, in considering an application pursuant to this subsection, make a recommendation to the Director regarding the application;

or -(2) 81stThe Sessionprojected (2021)financial –benefits 10that –will result to the county from the employment by the facility of the residents of this State and from capital investments by the facility in the county will not exceed the projected loss of tax revenue that will result from the abatement;

 If the board of county commissioners does not approve or deny the application within 30 days after the board receives from the Director a copy of the application, the application shall be deemed app3.vedNotwithstandingapproved. the provisions of subsection 1, the Director, in consultation with the Office of Economic Development, may, if the Director, in consultation with the Office, determines that such action is necessary:

(a)3. Approve an application for a partial abatement for a facility that does not meet any requirement set forth in subparagraph (1) or (2) of paragraph (d) of subsection 1 or subparagraph (1) or (2) of paragraph (e) of subsection 1;

Notwithstanding the provisions of subsection 1, the Director, in consultation with the Office of Economic Development, may, if the Director, in consultation with the Office, determines that such action is necessary:

Senate Amendment No.

698 to Senate Bill No.

448 Page 10 (a) Approve an application for a partial abatement for a facility that does not meet any requirement set forth in subparagraph (1) or (2) of paragraph (d) of subsection 1 or subparagraph (1) or (2) of paragraph (e) of subsection 1;

The Director shall submit to the Office of Economic Development an annual report, at such a time and containing such information as the Office may require, regarding the partial aba6.abatements granted pursuant to this section.

6.

(a) Means [the]the :basic hourly rate of pay.

(1)(b) TheDoes basicnot hourlyinclude ratethe amount of payany [.]health ;insurance plan, pension or other bona fide fringe benefits which are a benefit to the employee.

and - 81st Session (2021) – 11 – (2) The amount of any hourly contribution made to a third- party administrator pursuant to a pension plan or vacation plan which is for the benefit of the employee.

(b) [Does] Except as provided in paragraph (a), does not bona fide fringe benefits which are a benefit to the employee.her Sec.

8.5.

NRS 701A.450 is hereby amended to read as follows:

701A.450 1.

The Renewable Energy Account is hereby created in the State General Fund.

2.

The Director of the Office of Energy appointed pursuant to NRS 701.150 shall administer the Account.

3.

The interest and income earned on the money in the Account must be credited to the Account.

4.

[Not less than 75 percent of the] The money in the Account must be used [to offset the cost of electricity to or the use of electricity by retail customers of a public utility that is subject to the portfolio standard established by the Public Utilities Commission of Nevada pursuant to NRS 704.7821.] for such purposes as the Director of the Office of Energy may establish by regulation.

5.

Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

6.

The Director [of the Office of Energy] may by regulation establish [:

(a) Other uses of the money in the Account;

and (b) A] a procedure by which any officer or employee of the money from the Account may enter into an agreement with theution of Director pursuant to which repayment of the loan or other distribution of money may be made through payroll deductions.

Subject to the limitation prescribed by subsection 3, the Commission may authorize the payment of an incentive pursuant to the Solar Energy Systems Incentive Program created by NRS 701B.240, the Wind Energy Systems Demonstration Program - 81st Session (2021) – 12 – created by NRS 701B.580 [, the Electric Vehicle Infrastructure Demonstration Program created by NRS 701B.670] and the Waterpower Energy Systems Demonstration Program created by NRS 701B.820 if the payment of the incentive would not cause the total amount of incentives paid by all utilities in this State for the installation of [electric vehicle infrastructure,] solar energy systems, solar distributed generation systems, energy storage systems, wind energy systems and waterpower energy systems to exceed $295,270,000 for the period beginning on July 1, 2010, and ending on December 31, 2025.

For the period beginning on January 1, 2018, and ending on December 31, 2023, the Commission shall, from the money allocated for the payment of an incentive pursuant to subsection 2, authorize the payment of incentives in an amount of not more than $1,000,000 per year for the installation of solar energy systems and distributed generation systems at locations throughout the service territories of utilities in this State that benefit low-income customers, including, without limitation, homeless shelters, low-low-income income housing developments and public entities, other than municipalities, that serve significant populations of low-income residents.

The Commission shall review and approve any plan submitted pursuant to this subsection in accordance with the requirements of NRS 701B.230, 701B.610 and 701B.850, as applicable.

6.Senate Amendment No.

698 to Senate Bill No.

448 Page 11 6.

The Legislature hereby finds and declares that it is the policy of this State to expand and accelerate the deployment -of 81stelectric Session (2021) – 13 – State.ctric vehicles and supporting infrastructure throughout this 2.State.

2.

(c) The imposition of a rate by the utility to require the purchase of electric service for the charging of an electric vehicle at a rate which is based on the time of day, day of the week or time of yearateyear during which the electricity is used, or which otherwise varies based upon the time during which the electricity is used, if a customer of the utility participates in the Electric Vehicle Infrastructure Demonstration Program;

and (e) The payment of an incentive to a customer of the utility that is a public school, as defined in NRS 385.007, that installs electric vehicle infrastructure on the property of the public school or purchases electric vehicles dedicated to the transportation of students, not to exceed 75 percent of the cost to install such infrastructure or purchase such vehicles.] 4.

and (b) Approve each annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or -appropriate 81stto Sessionfacilitate (2021) – 14 – Demonstration Program.ate the Electric Vehicle Infrastructure 5.]Demonstration EachProgram. utility:

5.] Each utility:

[pursuant to subsection 4;] and (b)Senate MayAmendment recoverNo. its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.

698 to Senate Bill No.

448 Page 12 (b) May recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.

(b) “Electric vehicle infrastructure” includes, without limitation, electric vehicles and the charging stations for the recharging of eleSec.electric vehicles.

Sec.

or (2) In which, in the immediately preceding census, at least 20 percent of households were not proficient in the English language;language [.] ;

or (2) That participates in universal meal service in high poverty areas pursuant to Section 104 of the Healthy, Hunger-Hunger-Free Free Kids Act of 2010, Public Law 111-296;111-296 [.] ;

- 81st Session (2021) – 15 – (b) “Block group” means a combination of blocks whose numbers begin with the same digit.

“Low-income household” means a household, which may include one or more persons, with a median household income of not more than 80 percent of the area medianhouseholdmedian household income, based on the guidelines published by the United States Department of Housing and Urban Development.

encourageSenate theAmendment chargingNo. of vehicles in a manner that supports the operation and optimal integration of transportation electrification into the electric grid, including, without limitation, proposed schedules necessary to implement the rate designs or programs;

698 to Senate Bill No.

448 Page 13 (d) Rate designs, programs or management systems that encourage the charging of vehicles in a manner that supports the operation and optimal integration of transportation electrification into the electric grid, including, without limitation, proposed schedules necessary to implement the rate designs or programs;

During the 9 months immediately before an electric utility files its first plan pursuant to subsection 1 and during the 12 months immediately before an electric utility files any subsequent plan pursuant to subsection 1, the electric utility shall conduct at least one stakeholder engagement meeting each calendar quarter - 81st Session (2021) – 16 – to discuss the development of the plan and to solicit comments and gather ideas for improvements or additions to the plan which support transportation electrification.

Each stakeholder engagement meeting must be open to participation by the Regulatory Operations Staff of the Commission, personnel from the Bureau of Consumer Protection in the Office of the Attorney General and any other interested person.

[4.] 5.

The Commission shall adopt regulations necessary to carry out the provisions of this section.section, including, without limitation, regulations prescribing a process for the electric utility to recover all costs that it prudently and reasonably incurs to develop and implement a plan submitted pursuant to this section and approved by the Commission pursuant to NRS 704.751.

[5.] 6.

To the extent that a plan submitted pursuant to subsection includes programs in which customers may participate, eligibility for participation by customers in such programs must be offered by the electric utility on a nondiscriminatory basis to both NRS 704B.080, who purchase or plan to purchase electricity from a provider of new electric resources, as defined in NRS 704B.130.

7.

-(I) 81stDesignated Sessionas (2021)a –qualified 17census –tract by the Secretary of Housing and Urban Development pursuant to 26e26 U.S.C.

or (II) In which, in the immediately preceding census, at least 20 percent of households were not proficient in the English language;language [.] ;

(I)Senate InAmendment whichNo. 75 percent or more of the enrolled pupils in the school are eligible for free or reduced-price lunches pursuant to 42 U.S.C.

698 to Senate Bill No.

448 Page 14 (I) In which 75 percent or more of the enrolled pupils in the school are eligible for free or reduced-price lunches pursuant to 42 U.S.C.

or (II) That participates in universal meal service in high poverty areas pursuant to Section 104 of the Healthy, Hunger-Hunger-Free Free Kids Act of 2010, Public Law 111-296;111-296 [.] ;

(f) “Transportation electrification” means the use of electricity from external sources to power, wholly or in part, passenger vehicles, trucks, buses, trains, boats or other equipment that traSec.transports goods or people.

Sec.

“High-voltage transmission infrastructure” means bulk transmission lines capable of transmitting electricity at a voltage of 345 kilovolts or more, and associated electrical transmissionsubstations lines.stationand substation expansions to accommodate the Sec.transmission lines.

Sec.

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 - 81st Session (2021) – 18 – 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 ser(b)service Assistobligations theof utility in meeting the portfolioelectric standardutility; established by NRS 704.7821 and the goals for the reduction of greenhouse gas emissions set forth in NRS 445B.380 and 704.7820;

(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;

ownershipSenate andAmendment thatNo. have an interconnected system for theon transmission of electricity shall submit a joint plan.

698 to Senate Bill No.

448 Page 15  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.

(b) A project for the implementation of high-voltage transmission infrastructure located in southern Nevada and accessing a federally designated renewable energy transmission -corridor 81stthat Sessionwill (2021)accommodate –future 19renewable –energy development and increased demand for electricity.nergyelectricity. 3.

3.

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 of such costs.inancial incentive will be provided on the recovery 4.

(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;

(g) The ability of the utility to reliably integrate into its supply portfolio larger amounts of electricity from variable renewable -energy 81stresources, Sessionincluding, (2021)without –limitation, 20solar –and wind energy resources;

including, without limitation, solar and wind (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 utility’s 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 theSenate demandAmendment forNo. electricity by the customers of the utility exceeds the availability of electricity from renewable generation in this State;

(j)698 The utility’s provision of open access to interstateSenate andBill intrastateNo. transmission services, in accordance with the utility’s open access transmission tariff, to other persons in this State using the utility’s transmission network, including, without limitation, eligible customers, as defined in NRS 704B.080, and who are or intend to become customers of the utility’s interstate transmission services;

448 Page 16 the demand for electricity by the customers of the utility exceeds the availability of electricity from renewable generation in this State;

(j) The utility’s provision of open access to interstate and intrastate transmission services , in accordance with the utility’s open access transmission tariff, to other persons in this State using the utility’s 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 utility’s interstate transmission services;

and (n) The financial risk to the [bundled retail] customers of the utility.

the5. 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.

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.

In implementing a transmission infrastructure for a clean energy economy plan, an electric utility shall mitigate costs to the extent possible by utilizing available federal tax - 81st Session (2021) – 21 – incentives and federal funding, including, without limitation, direct and indirect grants and loan guarantees.

If, in any general rate proceeding filed by an electric utility pursuant to NRS 704.110 or 704.7621, the electric utility includes a request for recovery of any amount related to the implementation of a transmission infrastructure for a clean energy economy plan and the recovery of such an amount would result in an increase in the electric utility’s total revenue requirement of more than 10 percent, the utility must propose a method or mechanism by which such an increase may be mitigated.

Nothing in this subsection shall be construed as requiring the Commission to provide a financial incentive to an electric utility.

If the Commission deems inadequate any portion of a transmission infrastructure for a clean energy economy plan or any amendment to the plan, the Commission, as provided in NRS 704.751, may recommend to the electric utility a modification of that portion of the plan or amendment, and the electric utility may1.may:

1.

Sec.Senate Amendment No.

698 to Senate Bill No.

448 Page 17 Sec.

- 81st Session (2021) – 22 – 3.

Achieves the objectives of an open and competitive wholesale electric generation marketplace, elimination of barriers to market entry and preclusion of control of bottleneck electricrselectric transmission facilities in the provision of retail electric service;

“Task Force” means the Regional Transmission CooSec.Coordination Task Force created by section 31 of this act.

Sec.

-(a) 81stThe Sessiontransmission (2021)provider –files 23an –application with the Commission on or before January 1, 2027, requesting the waiver or delay;

or (2)Senate ThatAmendment itNo. would not be in the best interests of the transmission provider and its customers to join a regional transmission organization on or before January 1, 2030;

698 to Senate Bill No.

448 Page 18 (2) That it would not be in the best interests of the transmission provider and its customers to join a regional transmission organization on or before January 1, 2030;

The Cha3.Chair is a voting member of the Task Force.

isIn3. addition to the Chair, the Task Force consists of:

In addition to the Chair, the Task Force consists of:

(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;

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

- 81st Session (2021) – 24 – (12) A representative of the NevadaOffice Indianof Commission;Energy;

(13) A representative of the Office of Energy;Economic Development;

(14) A[One representativemember] Two members of the OfficeSenate, nominated by the Majority Leader of Economicthe Development;Senate [;] , at least one of whom must be a member of the minority political party;

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

and (16) TwoNot membersmore ofthan thethree Assembly,persons nominatedwho byrepresent the Speakergeneral ofpublic. 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.

The Chair shall identify and approve the scope of work and issues to be addressed by 4.e A majority of the voting members of the Task Force constitutes a quorum, and aany quorumworking maygroup. exercise all the powers conferred on the Task Force.

Senate Amendment No.

698 to Senate Bill No.

448 Page 19 4.

A majority of the voting members of the Task Force constitutes a quorum, and a quorum may exercise all the powers conferred on the Task Force.

-(b) 81stPolicies Sessionthat (2021)will –accommodate 25entrance –by transmission providers in this State into a regional transmission organization by January 1, 2030;

The Task Force shall, not later than November 30, 2022, and every 2 years thereafter, submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report on its activities, including any recommended legislation needed to enable entrance by transmission providers in this State into a regionalentranceregional transmission organization.

Except as otherwise provided in this chapter, when the Commission reviews an application to make changes in any schedule, there is no presumption that any recorded expenses, investments or other costs included in the application weres,were prudently incurred, unless the Commission has previously determined that such expenses, investments or other costs were prudently incurred.

- 81st Session (2021) – 26 – 1.

compensation,2. water or services for the disposal of sewage, or both, to persons within this State if:

Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if:

Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish waterSenate orAmendment servicesNo. for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.

698 to Senate Bill No.

448 Page 20 water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.

and7. treatment facilities if those facilities are for the storage,n transmission or treatment of water from mining operations.

Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.

- 81st Session (2021) – 27 – (a) The electricity is delivered only to persons, units or spaces located on the premises on which the net metering system or systems are located;

(b) The residential or commercial units or spaces do not have individual meters measuring electricity use by an individual unit or space;

andtersand measuring electricity use by an individual unit (c) Persons occupying the individual units or spaces are not charged for electricity based upon volumetric usage at the person’s individual unit or space.

Any plant or equipment that is used by a data center to produce, deliver or furnish electricity at agreed-upon prices for or to persons on the premises of the data center for the sole purpose oforof those persons storing, processing or distributing data, but only with regard to those operations which consist of providing electric service.

Sec.Senate Amendment No.

698 to Senate Bill No.

448 Page 21 Sec.

-(a) 81stA Session (2021) – 28 – unless the public utility:allutility shall not make changes in any schedule, (1)unless Files with the Commissionpublic anutility: application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110;

(1) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110;

(b) A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS 704.110 based on changes in the public utility’s recorded costs of natural gas purchased for resale.

(d) A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.

(1) The public utility may file the proposed change with the andmissionCommission using a letter of advice in lieu of filing an application;

and (2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

 A letter of advice filed pursuant to this paragraph must include a certification by the attorney for the public utility or an affidavit by an authorized representative of the public utility that to the best of the signatory’s knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not - 81st Session (2021) – 29 – revenue of the public utility in an amount that exceeds $15,000.rating (g) If the applicant is a small-scale provider of last resort and the proposed change in any schedulerate willor result in an increase in the annual gross operating revenue in an amount that does not exceed $50,000 or 10 percent of the applicant’spublic annualutility grossin operatingan revenue,amount whicheverthat isexceeds less:$15,000.

(g) If the applicant is a small-scale provider of last resort and the proposed change in any schedule will result in an increase in annual gross operating revenue in an amount that does not exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less:

(I) Includes with the letter of advice a certification by the attorney for the small-scale provider of last resort or an affidavit by an authorized representative ofSenate theAmendment small-scaleNo. provider of last resort that to the best of the signatory’s knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the small-scale provider of last resort in an amount tha(II) Demonstrates that the proposed change in schedule is required by or directly related to a regulation or order of the Federal Communications Commission;

698 to Senate Bill No.

448 Page 22 of the small-scale provider of last resort that to the best of the signatory’s knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the small-scale provider of last resort in an amount that exceeds $50,000 or 10 percent, whichever is less;

(II) Demonstrates that the proposed change in schedule is required by or directly related to a regulation or order of the Federal Communications Commission;

The Commission may hold a hearing to consider such a r(h)request. In making the determination pursuant to paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.

(h) In making the determination pursuant to paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.

An applicant that is a small-scale provider of last resort may submit to the Commission a written request for a waiver of the 5-5-year year period specified in sub-subparagraphsub- subparagraph (III) of subparagraph (1) of paragraph (g) of subsection 1.

The Commission shall, not later - 81st Session (2021) – 30 – than 90 days after receipt of such a request, issue an order approving or denying the request.

The Commission may approve the request if the applicant provides proof satisfactory to the Commission that the applicant is not earning more than the rate of return authorized by the Commission and that it is in the public interest for the Commission to grant the request for a waiver.

If the Commission approves a request for a waiver submitted pursuant to this subsection, the applicant shall file the letter of advice pursuant to subparagraph (1) of paragraph (g) of subsection 1 not earlier than 120 days after the date on which the applicant submitted the request for a waiver pursuant to this subsection, unless the order issued by the Commission approving the request for a waiver specifies a different period for the filing of the letter of advice.

Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall sub2.submit a joint plan.

2.

(1)Senate ForecastAmendment theNo. 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] 5 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;

698 to Senate Bill No.

448 Page 23 (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] 5 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 -(b) 81stDesignate Sessionrenewable (2021)energy –zones 31and –revise the designated renewable energy zones as the Commission deems necessary.signatednecessary. 3.

3.

(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 at least one scenario of low carbon [intensity] dioxide emissions that [includes] :

(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 Commission shall require the utility or utilities to include in the plan a plan for construction or expansion of -transmission 81stfacilities Sessionto (2021)serve –renewable 32energy –zones and to facilitate the utility or utilities in meeting the portfolio standard established by NRS 704.7821.

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

(c)698 Propose cost-effective methods of effectively coordinating tariffs to maximizeSenate theBill locationalNo. benefits and minimize the incremental costs of distributed resources.

(d)448 IdentifyPage any24 additional(b) spendingPropose necessaryor toidentify integratestandard cost-tariffs, effectivecontracts distributedor resourcesother intomechanisms distributionfor planning consistent with the goaldeployment of yieldingcost-effective adistributed netresources benefitthat tosatisfy the customersobjectives offor thedistribution electricplanning. utility or utilities.

(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.

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.

- 81st Session (2021) – 33 – (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 res(d)resources; Proposals to ensure the stability of rates and the availability and reliability of electric service;

and(d) (e)Proposals Forto eachensure year of the plan,stability impactof feesrates applicableand to each megawatt or each megawatt hour to account for costs reflected in the baseavailability tariff general rate and basereliability tariff energy rate paid by end- use customers of the electric utility.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.

NRS[(d)] 704B.080.“Eligible(c) “Eligible customer” has the meaning ascribed to it in [(e)] (d) “Energy” has the meaning ascribed to it in NRS 704B.090.704B.080.

[(e)] (d) “Energy” has the meaning ascribed to it in NRS 704B.090.

(g)Senate “NewAmendment electricNo. resource” has the meaning ascribed to it in NRS 704B.110.

[(g)]698 (h) “Provider of new electric resources” has the meaning ascribed to itSenate inBill NRSNo. 704B.130.

[(h)]448 (i)Page “Renewable25 energy(g) zones”“New meanselectric specificresource” geographichas zonesthe wheremeaning renewableascribed energy resources are sufficient to developit generationin capacityNRS and704B.110. where transmission constrains the delivery of electricity from those resources to customers.

-[(g) 81st(f)] Session(h) (2021)“Provider – 34 – [(i)] (j) “Sensitivity analysis” means a set of methodsnew orelectric proceduresresources” whichhas results in a determination or estimation of the sensitivitymeaning ofascribed a result to ait change in givenNRS data704B.130. or a given assumption.

704.746[(h) 1.RS(g)] 70After(i) a“Renewable utilityenergy haszones” filedmeans itsspecific plangeographic pursuantzones towhere NRSrenewable 704.741,energy theresources Commissionare shallsufficient conveneto adevelop publicgeneration hearingcapacity onand where transmission constrains the adequacydelivery of theelectricity plan.from those resources to customers.

[(i) (h)] (j) “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.

Sec.

40.

NRS 704.746 is hereby amended to read as follows:

704.746 1.

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.

(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.

-(6) 81st Session (2021) – 35 – (7) Other transmissiongeneration facilities.ndfacilities; 5.

and (7) Other transmission facilities.

5.

Senate InAmendment consideringNo. 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 cus6.

The698 Commissionto shall:tilitySenate orBill utilities.No.

448 Page 26  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.

6.

The Commission shall:

The Commission shall, after a hearing, review and accept or modify an emissions reduction and capacity replacement plan which whetherincludes toeach acceptelement orrequired modifyby anNRS emissions704.7316. reduction and capacity replacement plan, the Commission shall consider:

In considering whether to accept or modify an emissions reduction and capacity replacement plan, the Commission shall consider:

and - 81st Session (2021) – 36 – (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] 5 of NRS 704.741, the Commission shall consider whether the proposed annual limits:

(4)Senate ImproveAmendment airNo. quality in communities most affected by air pollution from the transportation sector;

698 to Senate Bill No.

448 Page 27 (4) Improve air quality in communities most affected by air pollution from the transportation sector;

and -(8) 81stProvide Sessioninformation (2021)and –education 37on –the benefits of transportation electrification to customers.

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

and(b)and (b) Within 210 days for all portions of the plan not described in paragraph (a).

or (b) Within 180 days after the filing of the amendment for all portions of the amendment which contain an element of the emissions reduction and capacity replacement plan.

of the  If the Commission issues an order modifying the amendment, the utility or utilities may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect.

- 81st Session (2021) – 38 – 3.

Any order issued by the Commission accepting or modifying a plan required pursuant to NRS 704.741 or an amendment to such a plan must include the justification of the Commission for the preferences given pursuant to subsection 5 of NRS 704.746 to the subsectionmeasures 4and sources of NRSsupply 704.746.ly set forth in paragraph (c) of 4.subsection 4 of NRS 704.746.

4.

5.Senate Amendment No.

698 to Senate Bill No.

448 Page 28 5.

6.

The Commission may accept [:

8.] Any order issued by the Commission accepting or modifying an element of an emissions reduction and capacity replacement plan must include provisions authorizing the electric utility or utilities to construct or acquire and own electric generating -plants 81stnecessary Sessionto (2021)meet –the 39capacity –amounts approved in, and carry out the provisions of, the plan.

assets704.7591 pursuant1. to a merger, acquisition or transaction that isn authorized pursuant to NRS 704.329 or pursuant to a transfer of its certificate of public convenience and necessity that is authorized pursuant to NRS 704.410, if:

An electric utility may dispose of its generation assets pursuant to a merger, acquisition or transaction that is authorized pursuant to NRS 704.329 or pursuant to a transfer of its certificate of public convenience and necessity that is authorized pursuant to NRS 704.410, if:

and (b) The [other person in the merger, acquisition, transaction or transfer is not a subsidiary or affiliate of the electric utility or a holding company or other person thatSenate holdsAmendment aNo. controlling interest in the electric utility.] Commission approves of the disposal of the generation assets in an order issued pursuant to NRS 704.7588.

698 to Senate Bill No.

448 Page 29 that holds a controlling interest in the electric utility.] Commission approves of the disposal of the generation assets in an order issued pursuant to NRS 704.7588.

Any person who assumes or has assumed ownership, possession, control, operation, administration or maintenance of a generation asset pursuant to a merger, acquisition, transaction or NRStransfer 704.7561described toin 704.7595,subsection inclusive.s1 is subject to the provisions of Sec.NRS 704.7561 to 704.7595, inclusive.

Sec.

- 81st Session (2021) – 40 – Sec.

The Commission shall establish by regulation for each electric utility goals for energy savings resulting from energy efficiency programs implemented by the electric utility each electricyear, utilitywhich pursuantmust tobe NRSincluded 704.741.rcein the resource plan filed by the 2.electric utility pursuant to NRS 704.741.

2.

electric5. utility to meet the goals for energy savings established by the Commission pursuant to this section, the Commission shall approve an energy efficiency plan that is:

In approving an energy efficiency plan developed by an electric utility to meet the goals for energy savings established by the Commission pursuant to this section, the Commission shall approve an energy efficiency plan that is:

Unless the Commission determines that it is not cost effective, any energy efficiency plan approved by the Commission must provide that not less than [5] 10 percent of the total expenditures related to energy efficiency programs must be -[directed 81stto] Sessionspent (2021)on –energy 41efficiency –[programs] measures for [low-income] 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.

For the purposes of this subsection, programs that can offerSenate variableAmendment incentiveNo. levels must offer higher incentive levels for low-income households.

698 to Senate Bill No.

448 Page 30 offer variable incentive levels must offer higher incentive levels for low-income households.

704.7881 The Commission, in consultation with the Office of Eco1.micShallEconomic adoptDevelopment: regulations:

1.

Shall adopt regulations:

[and] (3) In the fifth, sixth, seventh and eighth year of a contract entered into pursuant to NRS 704.7877, the reduction in the rates as a result of the discount must not exceed [10] 20 percent of the base tariff energy rate;

andtand must not exceed [10] 20 percent of the base (4) In the ninth and tenth year of a contract entered into pursuant to NRS 704.7877, the reduction in the rates as a result of the discount must not exceed 10 percent of the base tariff energy rate;

(c) Prescribing the procedure by which an electric utility is authorized to recover through a deferred energy accounting -adjustment 81stapplication Sessionthe (2021)amount –of 42the –discount provided to a participant in the Program;

andntand of the discount provided to a (d) Prescribing any additional information which must be submitted by an applicant for participation in the Program.

The remaining amount of electricity available for allocation purSec.pursuant to the Program.

Sec.

(a) The eligible customer files an application with the Commission between January 2 and February 1 of any year and not later than 280 days before the date on whichSenate theAmendment eligibleNo. customer intends to begin purchasing energy, capacity or ancillary services from the provider;

698 to Senate Bill No.

448 Page 31 which the eligible customer intends to begin purchasing energy, capacity or ancillary services from the provider;

(a) Specific information demonstrating that the person filing the app(b)application Informationis demonstratingan thateligible thecustomer; proposed provider will provide energy, capacity or ancillary services from a new electric resource;

(c)(b) SpecificInformation informationdemonstrating concerning the terms and conditions of the proposed transaction that is necessary for the Commission to evaluate the impact of the proposed transactionprovider onwill customersprovide and the public interest, including, without limitation, information concerning the duration of the proposed transaction, the point of receipt of the energy, capacity or ancillary services and the amount - 81st Session (2021) – 43 – provider;, capacity or ancillary services to be purchased from thea (d)new Specificelectric informationresource; identifying transmission requirements associated with the proposed transaction and the extent to which the proposed transaction requires transmission import capacity;

(c) Specific information concerning the terms and conditions of the proposed transaction that is necessary for the Commission to evaluate the impact of the proposed transaction on customers and the public interest, including, without limitation, information concerning the duration of the proposed transaction, the point of receipt of the energy, capacity or ancillary services and the amount of energy, capacity or ancillary services to be purchased from the provider;

(d) Specific information identifying transmission requirements associated with the proposed transaction and the extent to which the proposed transaction requires transmission import capacity;

eligible5. customer unless the Commission finds that the proposed transaction:

The Commission shall not approve the application of the eligible customer unless the Commission finds that the proposed transaction:

(a) Whether the electric utility that has been providing electric service to the eligible customer will experience increased costs as a res(b) Whether any remaining customer of the electric utility will pay increased costs for electric service or forgo the benefit of a reduction of costs for electric service as a result of the proposed transaction;

(b) Whether any remaining customer of the electric utility will pay increased costs for electric service or forgo the benefit of a reduction of costs for electric service as a result of the proposed transaction;

-Senate 81stAmendment SessionNo. (2021) – 44 – capacity or ancillary services from the provider pursuant to the proposed transaction sooner than 280 days after the date on which the application was filed, unless the Commission allows the eligible customer to begin purchasing energy, capacity or ancillary services from the provider at an earlier date;

698 to Senate Bill No.

448 Page 32 (a) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than 280 days after the date on which the application was filed, unless the Commission allows the eligible customer to begin purchasing energy, capacity or ancillary services from the provider at an earlier date;

(I) Payment by the eligible customer to the electric utility of the eligible customer’s load-share portion of any unrecovered balance in the deferred accounts of the electric utility;

andredand (II) Payment by the eligible customer, or the provider of new electric resources, as applicable, of the annual assessment and any other tax, fee or assessment required by NRS 704B.360;

and (4) Must ensure that the eligible customer pays its load-ratio share of the costs associated with the electric utility’s obligations that were incurred as deviations from least-cost resource planning pursuant to the laws of this State including, without limitation, costs incurred to satisfy the requirements of NRS 704.7821 and implement the provisions of NRS 701B.240, 701B.336, 701B.580, [701B.670,] 701B.820, 702.160, 704.773, 704.7827, 704.7836, 704.785, 704.7865, 704.7983 and 704.7985.04.7827,704.7985. 704.7836, 8.

8.

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, - 81stis Sessionrequired (2021)to –pay 45only –those costs, fees, charges or rates which apply to current and ongoing legislatively mandated public policychpolicy programs, as determined by 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 pursuant to this acceleratesection. transportation electrification in an amount not to exceed $100,000,000.

The joint plan must include a plan for Senate Amendment No.

698 to Senate Bill No.

448 Page 33 investments to accelerate transportation electrification in an amount not to exceed $100,000,000.

The Interstate Corrid(1)Corridor MustCharging includeDepot theProgram: establishment of direct-current fast chargers and level 2 chargers, which may be owned by the electric utility or a third-party provider.

(1) Must include the establishment of direct-current fast chargers and level 2 chargers, which may be owned by the electric utility or a third-party provider.

(b) An Urban Charging Depot Program aimed at providing increased access to public electric vehicle charging infrastructure in - 81st Session (2021) – 46 – metropolitan areas of this State, particularly for customers who are unable to charge vehicles at their home or business.

The Urban Charging Depot Program must also be designed to address the needs of tourists, delivery services and businesses that require access to intendedpublic scopecharging and general location for eachfleet proposedelectrification. chargingorth the depot.

The plan must set forth the intended scope and general location for each proposed charging depot.

An electric vehicle charging station which is installed under the Program may be owned by a public agency, the electric utility or a third-party provider.

The electric utility shall not allow a nongovernmental commercial customer to participate in the Transit, School Bus and Transportation Electrification Custom Program unless, as a condition of participation, the nongovernmental commercial customer electrifies more than 50 companySenate vehiclesAmendment orNo. more than 25 percent of its fleet, and satisfies such additional qualifications as the electric utility may establish.

As698 part of the Transit, School Bus and Transportation Electrification - 81st Session (2021) – 47 – site to allowSenate forBill multipleNo. ownership options for the electrical supply, storage and charging equipment, including, without limitation, ownership by the electric utility.

448 Page 34 company vehicles or more than 25 percent of its fleet, and satisfies such additional qualifications as the electric utility may establish.

As part of the Transit, School Bus and Transportation Electrification Custom Program, an electric utility may partner with a commercial site to allow for multiple ownership options for the electrical supply, storage and charging equipment, including, without limitation, ownership by the electric utility.

Eligibility for any customer participation[participation] incentives in the Outdoor Recreation and Tourism Program must be offered by the electric utility on a nondiscriminatory basis to both the utility’s bundled retail customers and eligible customers, as defined in NRS 704B.080, who purchase or plan to purchase electricity from a provider of new electric resources, as defined in NRS 704B.130.

As part of the Outdoor Recreation and Tourism Program, an electric utility may partner with a commercial site to allow for multiple ownership options for the electrical supply, storage and charging equipment, including, without limitation, ownership by the electric uti4.utility.

4.

(c)6. Twenty percent of the total program expenditures proposed in a plan submitted pursuant to this section must be dedicated to incentives for behind-the-meter investments in electric vehicle cha6.ingAn electric utility shall submit to the Commission any program, software, contract or other instrument that may be used for the billing, control, operation or maintenance of the public and private chargers installed under a plan filed pursuant to this section.

TheAn prudent and reasonable expenditures made by the electric utility toshall evaluatesubmit to the needCommission for any program, software, contract or other instrument tothat facilitatemay be used for the billing, control, operation or maintenance of the public and private chargers installed under thea plan mayfiled bepursuant -to 81stthis Sessionsection. (2021) – 48 – the utility.

The prudent and reasonable expenditures made by the electric utility to evaluate the need for any program, software, contract or other instrument to facilitate the billing, control, operation or maintenance of the public and private chargers installed under the plan may be recovered by the utility through rates charged to the customers of 7.the utility.

7.

If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

10.Senate Amendment No.

698 to Senate Bill No.

448 Page 35 10.

Acceptance by the Commission of a plan submitted pursuant to this section constitutes a finding that the investments contained in the plan, including, without limitation, any proposed incentives to be provided to customers, are prudent and that the utility may recover from the rates charged to the utility’s customers all costs that the utility prudently and reasonably incurs to operate, maintain, develop and implement the plan, including, without limitation, any costs associated with acquiring the right to use and develop private or public land.

[Notwithstanding the provisions of NRS 704.100, as amended by section 38 of this act, an] An electric utility may recover the costs that it prudently and reasonably incurs as follows:

-(2) 81stThe Sessionelectric (2021)utility’s –authorized 49rate – (3) Any depreciation of thereturn; utility’s investment in the facilities;

(3) Any depreciation of the utility’s investment in the facilities;

The rate must be charged to all of the customers in the service territory of the electric utility in which the plan assets reside and reflect all costs incurred in the12.the electric utility’s service territory.

As12. used in this section:territory.

As used in this section:

A resource plan filed by an electric utility pursuant to NRS 704.741, as amended by section 39 of this act, on or before June 1, 2021, is not required to include, at the time the plan is filed, the transportation electrification plan required by section 14 of this act and NRS 704.741, as amended by section 39by39 of this act.

3.Senate Amendment No.

698 to Senate Bill No.

448 Page 36 3.

- 81st Session (2021) – 50 – Sec.

The amendatory provisions of section 46 of this act sectiondo 46not ofapply thisto act.acta contract entered into before the effective date of Sec.section 46 of this act.

53.5.

The provisions of section 35 of this act apply prospectively.

The provisions of this section shall not be construed as a statement, clarification or interpretation of Nevada law as it existed prior to the effective date of this section or a statement of the intent of the Nevada Legislature concerning Nevada law as it existed prior to the effective date of this section.

An electric utility in this State shall, on or before July 1, 2022, file with the Public Utilities Commission of Nevada an amendment to its most recently filed energy efficiency plan filed pursuant to NRS 704.7836 to ensure the energy efficiency plan complies with the amendatory provisions of [section] sections 39 and 44 of this act.

Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committeecommittee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475.

This section applies retroactively from and after MarSec.March 22, 2021.

Sec.

This section and sections 1 to 8.5,8, inclusive, 11 to 47, inclusive, 49 to 55, inclusive, and 57 of this act become effective upon passage and approval.

Sections 45, 46 and 47 of this act expire by limitation on the date on which the last contract entered into pursuant to the Program, - 81st Session (2021) – 51 – as defined in NRS 704.7874, terminates, whether termination is by expiration of the terms of the contract or otherwise.

~~~~~LEADLINES 21OF -REPEALED 81stSECTIONS Session701.090 (2021)“Task Force” defined.

701.500 Creation;

membership.

701.505 Chair;

meetings;

regulations;

quorum;

terms;

members serve without compensation.

701.510 Powers and duties.

701.515 Support and assistance to be provided by Director.

701B.670 Legislative findings and declarations;

creation of Program;

regulations;

payment of incentives;

purchase of electric service based on time of usage;

promotion of electric vehicle infrastructure;

review and approval by Commission of annual plans from utilities;

recovery of costs by utility.