SB 293 — Revises provisions relating to distributed generation systems. (BDR 52-459)

(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).

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

- *SB293_R1*82nd Session (2023) – 3 – (1)3. At the time of the execution of the agreement or within 48 hours after the execution of the agreement;

andA (2)solar Beforeinstallation company shall not commence the installation of any distributed generation system under an agreement until the agreement.recording required pursuant to this section has been made.

3.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.

A solar installation company shall maintain the recording of a verbal communication made pursuant to this section for not less than 10 years after the recording is made.

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 agreementagreement, 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 company’s place of businessbusiness, 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.

598.9801 As used in NRS 598.9801 to 598.9822, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.9802 to 598.9808, inclusive, and sections 1.3 and 1.7 of this act have the meanings ascribed to them in those sections.

598.9804 “Distributed generation system” means a system or facility for the residential generation of electricity [:

The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems- used82nd bySession customer-generators(2023) – 4 – 704.776, inclusive.]omer-generators pursuant to NRS 704.766 to 704.776, inclusive.] Sec.

5.5.

NRS 598.9808 is hereby amended to read as follows:

598.9808 1.

“Solar installation company” means any form of business organization or any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization, that [transacts] 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, and sections 1.3 to 3, inclusive, of this act;

or (c) Transacts business [directly with a residential customer of an [(a)] (1) Sell and install a distributed generation system;

or [(b)] (2) Install a distributed generation system owned by a third party from whom the customer:

[(1)] (I) Leases a distributed generation system;

or [(2)] (II) Purchases electricity generated by a distributed generation system.

2.

The term does not include [entities that are third party:

(a) Owners of a distributed generation system;

or (b) Financiers of a distributed generation system who do not sell or install the distributed generation system.] 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;

license issued pursuant to chapter 624 of NRS to a prospective a purchaser or lessee;

(c) Setting up appointments on behalf of a person who holds a license issued pursuant to chapter 624 of NRS;

or (d) Advertising through print media.

Sec.

- *SB293_R1*82nd Session (2023) – 45 – 1.of the cover page in at least 16-point font:nformation at the top (a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days after the execution of the agreement, as provided in section 3 of this act.

Prominently(b) displaysAn theelectronic followingmail informationaddress atto thewhich topa notice of rescission or cancellation may be sent pursuant to section 3 of this act and notice that the coverlessee pagemay insend atsuch leasta 16-pointnotice font:to that electronic mail address.

(a)(c) Notice of the rightrequirement to cancelmake theand agreementmaintain witha 3recording businesspursuant daysto after the execution of the agreement, as provided in section 32 of this act.

(b)(d) AnNotice electronicthat, mailbefore addressthe toinstallation whichof athe noticedistributed ofgeneration cancellationsystem, maythe belessee sentwill pursuanthave the opportunity to sectionconfirm 3that ofno thisrepresentations, actoffers andor noticepromises thatwere made at any time concerning the lesseelease mayof sendthe suchdistributed ageneration noticesystem toother thatthan electronicwhat mailis address.contained in the agreement.

[1.] (a) The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.

[8.] (h) The estimated production of the distributed generation system in the first year of operation.operation [.

[9.]9.] (i)(1) AThe descriptionlessee ofwill thealways termsreceive fora renewalpower orbill anyif other options available at the endpremises of the termlessee ofare connected to the lease.power grid;

[10.](2) (j)The Aestimated descriptionproduction ofor anyoffset optionis tobased purchaseon theavailable distributeddata generationon systemprior beforeconsumption; the end of the term of the lease.

[11.]and (k)(3) NoticeAny ofchange thein existenceconsumption ofby the Recoverylessee Fundwill administeredimpact by the Stateestimated Contractors’offset, Boardor pursuantsavings, in relation to NRSthe 624.470.production.

(i) A description of the terms for renewal or any other options available at the end of the term of the lease.

- 82nd Session (2023) – 6 – generation system before the end of the term of the lease.istributed [11.] (k) Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.

- *SB293_R1* – 5 – Sec.

598.9813 An agreement for the purchase of a distributed generation system must include a cover page that [provides] :

(a) Notice of the right to rescind or cancel the agreementagreement, withwithout any penalty or obligation, within 3 business days after the execution of the agreement, as provided in section 3 of this act.

(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to section 3 of this act and notice that the purchaser may send such a notice to that electronic mail address.

2.(c) Notice of the requirement to make and maintain a recording pursuant to section 2 of this act.

(d) Notice that, before the installation of the distributed generation system, the purchaser will have the opportunity to confirm that no representations, offers or promises were made at system other than what is contained in the agreement.eneration 2.

- 82nd Session (2023) – 7 – [6.] (f) The estimated value of any portfolio energy credits and rebates of any incentives included in the calculation of the total cost of the distributed generation system.

[7.] (g) The amounts due at the signing for and at the completioncom[8.] of(h) theThe installationestimated production of the distributed generationgenerationm. system.

[8.] (h) The estimated production of the distributed generation system in the first year of operation.operation [.

[9.]9.] (i)and Noticean ofexplanation thethat: existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.

(1) The purchaser will always receive a power bill if the premises of the purchaser are connected to the power grid;

(2) The estimated production or offset is based on available data on prior consumption;

and (3) Any change in consumption by the purchaser will impact the estimated offset, or savings, in relation to the production.

(i) Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.

(m) Notice that the purchaser, before the execution of the agreement, may request any document used in the solicitation, offer or transaction for the agreement in any language.language.ation, Sec.

Sec.

- *SB293_R1* – 6 – 1.

(a) Notice of the right to rescind or cancel the agreementagreement, withwithout any penalty or obligation, within 3 business days after the execution of the agreement, as provided in section 3 of this act.

(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to section 3 of this act and notice that the host customer may send such a notice to that electronic mail address.

- 82nd Session (2023) – 8 – recording pursuant to section 2 of this act.

maintain a (d) Notice that, before the installation of the distributed generation system, the host customer will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the sale of the output of the distributed generation system other than what is contained in the agreement.

[5.] (e) The amounts due at the signing for and at the completiongeneration system.installation or any inspection of the installationdistributed or[6.] any(f) inspectionThe estimated production of the distributed generation system.system in the first year of operation [.

[6.]7.] (f)and Thean estimatedexplanation productionthat: of the distributed generation system in the first year of operation.

[7.](1) (g)The Ahost descriptioncustomer ofwill thealways optionsreceive availablea atpower bill if the endpremises of the termhost ofcustomer are connected to the agreement.power grid;

(2) The estimated production or offset is based on available data on prior consumption;

and (3) Any change in consumption by the host customer will impact the estimated offset, or savings, in relation to the production.

(g) A description of the options available at the end of the term of the agreement.

[9.] (i) Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.

- 82nd Session (2023) – 9 – [12.] (l) Contact information for the State Contractors’ Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.

(m) Notice that the host customer, before execution of the agreement, may request any document used in the solicitation, offer or transaction for the power purchase agreement in anyany, language.

A host customer may file a complaint concerning a solar installation company with the Public Utilities - *SB293_R1* – 7 – Commission of Nevada.

The failure of a person to comply with NRS 598.9801 to 598.9822, inclusive, and sections 21.3 andto 33, inclusive, of this act 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, and sections 21.3 andto 33, inclusive, of this act, including, without limitation, by failing to include any disclosure or information required by NRS 598.9801 to 598.9822, inclusive, and sections 21.3 andto 33, inclusive, of this act, or knowingly failing to maintain a recording of a verbal communication as required by section 2 of this act, the agreement isof voidablepersons bywho thesolely purchaser,conduct lesseeadministrative duties or hostprovideions customer.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, and sections 21.3 andto 33, inclusive, of this act constitutes consumer fraud for the purposes of NRS 41.600.

Any document described in NRS 598.9809 to 598.9821, inclusive, and sections 21.3 andto 33, inclusive, of this act must be provided in:

or (b) [Spanish,] Any other language, if any person so requests.requests [.] before the execution of the relevant document.

AIf a solar installation company,company beforeadvertises its services or negotiates orally or in writing any of the executionrequirements of an- agreement82nd forSession the(2023) purchase– or10 lease– NRS 598.9801 to 598.9822, inclusive, and sections 1.3 to 3, inclusive, of this act in a distributedlanguage generationother systemthan English or apermits poweran purchaseemployee agreement,or shallagent provideof the purchaser,solar lesseeinstallation company to so advertise or hostnegotiate, customer,the assolar applicable,installation company must deliver a copytranslation of theany covercontract, pageagreement requiredor bynotice described in NRS 598.9809,598.9801 598.9813to or598.9822, 598.9816,inclusive, asand applicable,sections 1.3 to 3, inclusive, of this act resulting from such advertising or negotiations in the language thatin thewhich majoritysuch ofadvertising thewas solicitation,made offer or transactionsuch fornegotiations theoccurred agreementto occurred,a ifperson thewho majorityis ofa party to such a contract or agreement, or who may sign the languagecontract thator wasagreement, usedor waswho ais languageentitled otherto thanreceive English.such notice.

The before the execution of the contract or agreement and include,ded without limitation, every term and condition in the contract, agreement or notice.

624.860 1.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 person shall not, directly or indirectly [,] on his or her own behalf or on behalf of another, perform or offer to perform any work concerning a residential photovoltaic system used to produce electricity , or advertise, solicit or offer to enter into an agreement described in NRS 598.9801 to 598.9822, inclusive, and sections 2 and 3 of this act unless the person [holds:

(a)1. Holds a license issued pursuant to this chapter which authorizes the person to perform [such] work [;

or]Holds concerning a residentiallicense photovoltaicissued systempursuant usedto this chapter which authorizes the person to produceperform electricity;[such] work [;

or (b)2. Is an employee of a person described in paragraph (a).

-Any *SB293_R1*other –license, 8certificate, –registration 2.or permit under state law which authorizes the person to perform such work.] concerning a residential photovoltaic system used to produce electricity;

[Any other license, certificate, registration or permit2. under state law which authorizes the person to perform such work.] The provisions of this section do not prohibit a person who does not hold a license issued pursuant to this chapter and who is not an employee of a person who holds a license issued pursuant to this photovoltaic system used to produce electricity if the person does not provide a quote or offer for the sale or installation of such a residential photovoltaic system.

HIs -an *SB293_R1*employee of a person described in subsection 1.

Sec.

10.5.

This act becomes effective on January 1, 2024.

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