Nevada 2025 Regular Session Status: Enacted

SB 440 — Revises provisions relating to electricity. (BDR 10-950)

Last action — Chapter 262.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 24, 2025. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 05, 2025.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

975 added · 936 removed

975 line(s) added, 936 removed.

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(Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT S.B.
Senate Bill No.
440 S ENATE BILL NO .
440–Committee on Commerce and Labor CHAPTER..........
440–COMMITTEE ON COMMERCE AND L ABOR M ARCH 24, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to electricity.
(BDR 10-950) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
establishing certain powers and duties of certain unit- owners’ associations with respect to the installation of distributed generation systems;
establishing certain powers and duties of certain unit-owners’ associations with respect to the installation of distributed generation systems;
imposing certain requirements upon a solar installation company;
(NRS 598.9801- 598.9822) Section 14 of this bill makes a power purchase agreement voidable by the host customer for a certain period if the solar installation company that is a party to the agreement does not hold the proper contractor’s license or is not acting within the monetary limit of that license.
(NRS 598.9801- 598.9822) Sections 14.1-14.3 and 14.5 of this bill define certain terms for the purposes of these provisions governing such agreements.
distributed generation system, a power purchase agreement and the cover page forf a such agreements to:
Section 14.4 of this bill makes a power purchase agreement voidable by the host customer for a certain period if the solar installation company that is a party to the agreement does not hold the proper contractor’s license or is not acting within the monetary limit of provisions of sections 14.1-14.4 are enforced in the same manner as other the provisions governing solar installation companies and distributed generation systems.
Sections 15-20 of this bill require an agreement for the lease or purchase of a distributed generation system, a power purchase agreement and the cover page for such agreements to:
and (3) impose certain duties and liabilities on lessees, purchasers and host customers.
and (3) impose certain duties and liabilities on lessees, purcExisting law requires a solar installation company to maintain a recording of certain communications with a purchaser, lessee or host customer for not less than years after the final inspection of the distributed generation system of the purchaser, lessee or host customer.
Existing law requires a solar installation company to maintain a recording of 4 years after the final inspection of the distributed generation system of thethan - *SB440_R1* – 2 – installation company to provide a copy of that recording within 5 days after receipt of a request from the purchaser, lessee or host customer or a governmental entity.
(NRS 598.98213) Section 21 of this bill requires the solar installation company to provide a copy of that recording within business days after receipt of a request from the purchaser, lessee, host customer, distributed generation system financier, Attorney General, Division of Financial Institutions of the Department of Business and Industry, State or a law enforcement agency.
Existing law sets forth a prohibition against covenants, restrictions or conditions contained in deeds, contracts or other legal instruments which prohibit or unreasonably restrict an owner of a property from using a system for obtaining solar energy on his or her property.
Section 21 also requires a solar installation company to submit proof to the purchaser, lessee or host customer that the solar installation company is properly licensed before the commencement of the installation of a distributed generation system.
(NRS 111.239, 278.0208) Section 13.3 of this whose governing documents authorize the association to impose restrictions onon architectural improvements may submit a request to install a distributed generation system.
- 83rd Session (2025) – 2 – Existing law sets forth a prohibition against covenants, restrictions or conditions contained in deeds, contracts or other legal instruments which prohibit or unreasonably restrict an owner of a property from using a system for obtaining bill sets forth a process by which a unit’s owner in a unit-owners’ associationis whose governing documents authorize the association to impose restrictions on architectural improvements may submit a request to install a distributed generation system.
Under section 13.3, if such an association has not adopted such rules owner to install a distributed generation system or imposing conditions upon thet’s installation.
Under section 13.3, if such an association has not adopted such rules and regulations, the association is prohibited from denying the request of a unit’s owner to install a distributed generation system or imposing conditions upon the installation.
Section 13.7 additionally prohibits certain activities of an association with respect to certain accessories for a distributed generation system.
Section 13.7 additionally prohibits certain activities of an association withExisting law sets forth various requirements for:
Existing law sets forth various requirements for:
and (2) a net metering system, which is defined under existing law to mean, in general, certain facilities or systems for the generation of electricity, including a facility or energy system installed on and meets certain other requirements.
and (2) a net metering system, which is defined under existing law to mean, in general, certain facilities or systems for the generation of electricity, including a facility or energy system installed on the premises of a customer-generator that uses solar energy to generate electricity and meets certain other requirements.
(NRS 704.766-704.776) Section 25 of thisicity bill imposes certain timing requirements upon a public utility for the carrying out of certain requests relating to a net metering system submitted by a customer- generator.
(NRS 704.766-704.776) Section 25 of this bill imposes certain timing requirements upon a public utility for the carrying out of certain requests relating to a net metering system submitted by a customer- generator.
Section 28 of this bill requires the regulations adopted by the Public Utilities Commission of Nevada relating to net metering tariffs and standard net metering contracts to set forth procedures and requirements concerning the process for applying for and installing a net metering system, which must include:
Section 28 of this bill requires the regulations adopted by the Public Utilities Commission of Nevada relating to net metering tariffs and standard net metering contracts to set forth procedures and requirements concerning the process reasonable and appropriate timelines for the process;
(1) reasonable and appropriate timelines for the process;
and (2) the requirement for a utility that denies the application of a net metering applicant to provide to the net metering applicant a notice detailing the reasons for the denial.
and (2) the requirement for a utility that denies the application of a net metering applicant to provide to the net metExisting law:
Existing law:
Under section 29, a utility is prohibited from imposing various the net metering system complies with the safety standards set forth under existing law.
Under section 29, a utility is prohibited from imposing various additional requirements if the customer-generator satisfies such requirements and law.net metering system complies with the safety standards set forth under existing - 83rd Session (2025) – 3 – EXPLANATION – Matter in bolded italics is new;
- *SB440_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter between brackets [omitted material] is material to be omitted.
Section 1.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-12.
2.
(Deleted by amendment.) Sec.
3.
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The unit’s owner shall not install the distributed generation system unless the association has approved the request.
The unit’s owner shall has approved the request.ed generation system unless the association 2.
2.
If the unit’s owner a notice that details the reasons for the denial, which must be based on the rules and regulations adopted by the association pursuant to section 13.7 of this act.
If the association denies the request, the association shall provide the unit’s owner a notice that details the reasons for the denial, which must be based on the rules and regulations adopted by the association pursuant to section 13.7 of this act.
If the association denies the request, the association shall provide the unit’s owner notice that details the reasons for the denial, which must be based on the rules and regulations adopted by the - *SB440_R1* – 4 – association pursuant to section 13.7 of this act.
If the association denies the request, the association shall provide the unit’s owner notice that details the reasons for the denial, which must be based on the rules and regulations adopted by the association pursuant to section 13.7 of this act.
4.
governing the installation of a distributed generation systemons pursuant to section 13.7 of this act that receives a request submitted pursuant to subsection 1 shall approve the request - 83rd Session (2025) – 4 – within 15 days after the receipt of the request.
An association that has not adopted rules and regulations governing the installation of a distributed generation system pursuant to section 13.7 of this act that receives a request submitted pursuant to subsection 1 shall approve the request within 15 days after the receipt of the request.
If the association fails to approve the request within 15 days after the receipt of the request, the request shall be deemed to be approved.
If an association has adopted rules and regulations governing the installation of a distributed generation system pursuant to section 13.7 of this act, the association and each unit’s owner shall comply with the rules and regulations.
If an association has adopted rules and regulations pursuant to section 13.7 of this act, the association and each unit’s owner shall comply with the rules and regulations.
(b) Require a unit’s owner to submit to the association a plan for the distributed generation system before installation.
(b) Require the solar installation company that will install the distributed generation system to be properly licensed.
(c) Require a structural analysis to be conducted concerning snow load and wind resistance, where applicable.
(c) Not require a unit’s owner to comply with any provision of the rules and regulations adopted pursuant to paragraphs (a) and (b) of subsection 3 if the costs of complying with the provision exceeds 3 percent of the cash cost of the installation of the that the costs of complying with the provision exceed 3 percent of the cash cost of the installation of the distributed generation system by delivering to the association a written estimate that:
(d) Require a unit’s owner to submit to the association proof that the solar installation company that will install the distributed generation system is properly licensed, is in compliance with all requirements relating to insurance and bonding and has established a plan to ensure the safety of the installation.
(1) Is prepared by a solar installation company that is properly licensed pursuant to chapter 624 of NRS and is not affiliated with either the unit’s owner or the association;
(e) Not require a unit’s owner to comply with any provisions of the rules and regulations adopted pursuant to paragraphs (a) to (d), inclusive, of subsection 3 if the costs of complying with the provision exceeds 3 percent of the cash cost of the installation of the distributed generation system.
(2) Is dated not more than 60 days before delivery of the written estimate to the association;
- *SB440_R1* – 5 – 3.
(3) Itemizes all costs of complying with the provision, including, without limitation, labor, materials, professional fees, permit fees, inspection fees, financing charges and the costs of change orders;
Except as otherwise provided in paragraphs (a) and (e) of subsection 2, in addition to the requirements set forth in subsection 2, if an association adopts rules and regulations governing the installation of a distributed generation system pursuant to subsection 1, the rules and regulations may require a unit’s owner to:
and (4) Shows that the costs of complying with the provision exceed 3 percent of the contract price for the installation of the distributed generation system.
- 83rd Session (2025) – 5 – subsection 2, in addition to the requirements set forth in (c) of subsection 2, if an association adopts rules and regulations governing the installation of a distributed generation system pursuant to subsection 1, the rules and regulations may require a unit’s owner to:
(d) Place all inverters of the distributed generation system outside of any street and reasonably out of view of other unit’s owners.
outside of any street and reasonably out of view of other unit’s owners.
(2) Require the unit’s owner, at his or her expense, to remove the distributed generation system from the roof or exterior portion if the association determines such action to be necessary for the maintenance, repair or replacement of the roof or exterior portion.
(2) Require the unit’s owner, at his or her expense, to portion if the association determines such action to be necessaryr for the maintenance, repair or replacement of the roof or exterior portion.
(3) Authorize the association to cause the distributed generation system to be removed from the roof or exterior portion if, after reasonable notice has been provided to the unit’s owner, the unit’s owner fails to remove the distributed generation system as required pursuant to subparagraph (2) and assess the costs of the removal, relocation, storage and replacement against the unit’s owner.
(3) Authorize the association to cause the distributed generation system to be removed from the roof or exterior portion if, after reasonable notice has been provided to the unit’s owner, the unit’s owner fails to remove the distributed generation system as required pursuant to subparagraph (2) and assess the costs of - 83rd Session (2025) – 6 – unit’s owner.relocation, storage and replacement against the (4) Require the unit’s owner to install the distributed generation system in accordance with the terms of the request submitted by the unit’s owner to the association and approved by the association.
- *SB440_R1* – 6 – (4) Require the unit’s owner to install the distributed generation system in accordance with the terms of the request submitted by the unit’s owner to the association and approved by the association.
(7) Provide the association the right to inspect the condition of the distributed generation system.
(7) Provide the association the right to inspect the condition of the(8) Require the unit’s owner to disclose to potential purchasers of the unit all rights and responsibilities concerning the distributed generation system.
(8) Require the unit’s owner to disclose to potential purchasers of the unit all rights and responsibilities concerning the distributed generation system.
The association may require such a physical barrier to be painted a particular color if the paint of that color is commercially available as a stock item, rather than an item requiring specialization or customization.
The association may require such a physical barrier to be a particular color if the color is commercially available as a stock item, rather than an item requiring specialization or customization.
If the paint is not so available, the association may require the physical barrier to be painted black or a color complementary to the solar panels or racking system of the distributed generation system.
If the color is not so available, the association may require the physical barrier to be black or a color distributed generation system.els or racking system of the 5.
5.
Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:
Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 14.1 to 14.4, inclusive, of this act.
Sec.
14.1.
“Borrower” means a person who receives a distributed generation system loan from a distributed generation system financier.
- 83rd Session (2025) – 7 – Sec.
14.2.
“Distributed generation system financier” means a person who:
1.
Provides a distributed generation system loan to a borrower in this State;
to a lessee in this State;
orgeneration system or any part thereof 3.
Contracts for a power purchase agreement with a host customer in this State.
 The term does not include a third party who is a passive investor or a tax equity partner of a distributed generation system financier that provides money to the distributed generation system financier and who is not directly involved in the sale or lease of or the contracting for a distributed generation system.
Sec.
14.3.
“Distributed generation system loan” means a loan made for the express purpose of financing the purchase of a distributed generation system or any part thereof.
Sec.
14.4.
- *SB440_R1* – 7 – Sec.
Sec.
14.5.
NRS 598.9801 is hereby amended to read as follows:
598.9801 As used in NRS 598.9801 to 598.9822, inclusive, and sections 14.1 to 14.4, inclusive, of this act, unless the context 598.9808, inclusive, and sections 14.1, 14.2 and 14.3 of this acto have the meanings ascribed to them in those sections.
Sec.
(d) Notice that, before the installation of the distributed generation system, the lessee will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the lease of the distributed generation system other than what is contained in the agreement.
- 83rd Session (2025) – 8 – generation system, the lessee will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the lease of the distributed generation system other than what is contained in the agreement.
(g) The identification of any state or federal tax incentives that are included in calculating the amount of the monthly payments due under the lease.
are included in calculating the amount of the monthly payments duehat under the lease.
- *SB440_R1* – 8 – (k) Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.
(k) Notice of the existence of the Recovery Fund administered by (l) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.
(l) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.
(o) Notice that the lessee, before the execution of the agreement, may request any document used in the solicitation, offer or transaction for the agreement in any language.
- 83rd Session (2025) – 9 – (o) Notice that the lessee, before the execution of the agreement, may request any document used in the solicitation, offer or transaction for the agreement in any language.
(1) Whether the solar installation company:
(1)(I) Maintains a physical office in this State at which employees, as defined in subsection 6 of NRS 624.020, of the solar installation company conduct business;
(I) Maintains a physical office in this State at which employees, as defined in subsection 6 of NRS 624.020, of the solar installation company conduct business;
and (3) Whether the person who initially presented the lessee with the lease agreement is an employee, as defined in subsection 6 of NRS 624.020, of the solar installation company.
and (3) Whether the person who initially presented the lessee with the lease agreement is an employee, as defined in subsection of NRS 624.020, of the solar installation company.
3.
generation system.ed timeline for the installation of the distributed 4.
An estimated timeline for the installation of the distributed generation system.
4.
- *SB440_R1* – 9 – 8.
8.
11.
- 83rd Session (2025) – 10 – construction of and insurance for the distributed generation system.
A description of any obligation the lessor has regarding construction of and insurance for the distributed generation system.
17.
Any terms for renewal of the lease.
An estimate of the amount of electricity that could be generated by the distributed generation system in the first year of operation.
An estimate of the amount of electricity that could be operation.by the distributed generation system in the first year of 23.
23.
- *SB440_R1* – 10 – (a) The make and model of all inverters of the distributed generation system;
(a) The make and model of all inverters of the distributed generation system;
24.
- 83rd Session (2025) – 11 – disclose all material information relating to the property to which the distributed generation system will be affixed that may affect the installation of the distributed generation system, including, without limitation, any relevant modifications to the electrical service of the property.
A provision requiring the lessee to fully and accurately disclose all material information relating to the property to which the distributed generation system will be affixed that may affect the installation of the distributed generation system, including, without limitation, any relevant modifications to the electrical service of the property.
598.9813 An agreement for the purchase of a distributed generation system must include a cover page that:
generation system must include a cover page that:stributed 1.
1.
(d) Notice that, before the installation of the distributed generation system, the purchaser will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the purchase of the distributed generation system other than what is contained in the agreement.
(d) Notice that, before the installation of the distributed generation system, the purchaser will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the purchase of the distributed generation system oth2.
2.
thProvide the following information in at least 10-point font:
Provide the following information in at least 10-point font:
- *SB440_R1* – 11 – (c) An estimated timeline for the installation of the distributed generation system.
(c) An estimated timeline for the installation of the distributed generation system.
(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.
- 83rd Session (2025) – 12 – (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.
(g) The amounts due at the signing for and at the completion of the installation of the distributed generation system.
(g) The amounts due at the signing for and at the completion of the(h) The estimated production of the distributed generation system in the first year of operation and an explanation that:
(h) The estimated production of the distributed generation system in the first year of operation and an explanation that:
(1) Whether the solar installation company:
(1) (I) Maintains a physical office in this State at which employees, as defined in subsection 6 of NRS 624.020, of the solar installation company conduct business;
(I) Maintains a physical office in this State at which employees, as defined in subsection 6 of NRS 624.020, of the solar installation company conduct business;
- *SB440_R1* – 12 – Sec.
Sec.
1.
- 83rd Session (2025) – 13 – 1.
The name, mailing address, telephone number and electronic mail address of:
The name, mailing address, telephone number and electronic mai(a) The purchaser of the distributed generation system;
(a) The purchaser of the distributed generation system;
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.
The granting to the purchaser the right to rescind the agreement is signed.od ending not less than 3 business days after the 8.
8.
- *SB440_R1* – 13 – (b) The make, model and power class of the solar modules of the distributed generation system;
(b) The make, model and power class of the solar modules of the distributed generation system;
(c) The manufacturer of any racking system of the distributed generation system;
and - 83rd Session (2025) – 14 – generation system.turer of any racking system of the distributed 13.
and (d) Whether the parts described in paragraphs (a), (b) and (c) satisfy any guidelines set forth by the Internal Revenue Service to qualify for a domestic content bonus credit under the Inflation Reduction Act of 2022, Public Law 117-169.
13.
A signature block that is signed and dated by the purchaser of the distributed generation system and the solar installation company.
A signature block that is signed and dated by the purchaser company.istributed generation system and the solar installation [13.] 17.
[13.] 17.
(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice that the host customer may send such a notice to that electronic mail address.
(b) An electronic mail address to which a notice of rescission or the host customer may send such a notice to that electronic mailat address.
- *SB440_R1* – 14 – (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.
(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.
2.
- 83rd Session (2025) – 15 – (a) The rate of any increase in the payments to be made duringont:
Provides the following information in at least 10-point font:
the term of the agreement and, if applicable, the date of the first such increase.
(a) 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.
(2) The estimated production or offset is based on available data on prior consumption;
(2) The estimated production or offset is based on available data on(3) Any change in consumption by the host customer will impact the estimated offset, or savings, in relation to the production.
and (3) Any change in consumption by the host customer will impact the estimated offset, or savings, in relation to the production.
(l) Contact information for the State Contractors’ Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.
(l) Contact information for the State Contractors’ Board and the Public Utilities Commission of Nevada, including, without lim(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 any language.
(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 any language.
- *SB440_R1* – 15 – (I) Maintains a physical office in this State at which employees, as defined in subsection 6 of NRS 624.020, of the solar installation company conduct business;
(I) Maintains a physical office in this State at which employees, as defined in subsection 6 of NRS 624.020, of the solar installation company conduct business;
and (II) Has at least one motor vehicle registered in this State;
and - 83rd Session (2025) – 16 – (II) Has at least one motor vehicle registered in this State;
(2) Whether the solar installation company is in compliance with all applicable federal, state and local laws and regulations;
(2) Whether the solar installation company is in compliance with all applicable federal, state and local laws and regulat(3) Whether the person who initially presented the host customer with the power purchase agreement is an employee, as defined in subsection 6 of NRS 624.020, of the solar installation company.
and (3) Whether the person who initially presented the host customer with the power purchase agreement is an employee, as defined in subsection 6 of NRS 624.020, of the solar installation company.
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 payments made during the first year of the agreement price per kilowatt-hour of electricity and the price per monthly, the system electrical output.
- *SB440_R1* – 16 – (a) Taxes due at the commencement of the agreement;
(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.
and - 83rd Session (2025) – 17 – of the agreement, subject to a change in the state or local tax rate or tax structure.
16.
agreement for a period ending not less than 3 business days after the agreement is signed.
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.
(b) The make, model and power class of the solar modules of the distributed generation system;
(b) The make, model and power class of the solar modules of the(c) The manufacturer of any racking system of the distributed generation system.
(c) The manufacturer of any racking system of the distributed generation system;
and (d) Whether the parts described in paragraphs (a), (b) and (c) satisfy any guidelines set forth by the Internal Revenue Service to qualify for a domestic content bonus credit under the Inflation Reduction Act of 2022, Public Law 117-169.
A provision requiring the host customer to fully and accurately disclose all material information relating to the property to which the distributed generation system will be affixed that may affect the installation of the distributed generation - *SB440_R1* – 17 – system, including, without limitation, any relevant modifications to the electrical service of the property.
A provision requiring the host customer to fully and accurately disclose all material information relating to the property to which the distributed generation system will be affixed that may affect the installation of the distributed generation system, including, without limitation, any relevant modifications to the electrical service of the property.
22.
- 83rd Session (2025) – 18 – 22.
A provision requiring the host customer to promptly execute any agreements with a public utility that are necessary and provide to the solar installation company any information that is necessary for the completion of the installation of the distributed generation system.
A provision requiring the host customer to promptly execute any agreements with a public utility that are necessary and provide to the solar installation company any information that is necessary for the completion of the installation of the distributed gen23.
23.
(a) Recorded by the solar installation company;
(b) Conducted at the time of the execution of the agreement or within 48 hours after the execution of the agreement.
and (b) Conducted at the time of the execution of the agreement or within 48 hours after the execution of the agreement.
If, at any time during that period, a purchaser, lessee or host customer or any governmental entity requests that a copy of the recording be provided to the person or entity, the solar installation company shall provide the copy within 5 days after receipt of the request.
If, at any time during that period:
If a solar installation fails to provide the copy within that time, the purchase or lease agreement or power - *SB440_R1* – 18 – purchase agreement is voidable by the purchaser, lessee or host customer, as applicable.
(a) A purchaser, lessee, host customer or distributed generation system financier requests, in an electronic communication or in writing pursuant to the terms of the power purchase agreement, as applicable;
or - 83rd Session (2025) – 19 – (b) The Attorney General, the Division of Financial Institutions of the Department of Business and Industry, the State Contractors’ Board, the Housing Division of the Department of Business and Industry or a law enforcement agency requests, in  that a copy of the recording be provided to the requesting person or entity, as applicable, the solar installation company shall provide the copy within 10 business days after receipt of the request.
If a solar installation company fails to provide the copy within that time, the purchase or lease agreement or power purchase agreement is voidable by the purchaser, lessee or host customer, as applicable.
5.
A solar installation company shall, before the commencement of the installation of a distributed generation system, submit proof to the purchaser, lessee or host customer that the solar installation company is properly licensed.
21.5.
NRS 598.9822 is hereby amended to read as follows:
598.9822 1.
A host customer may file a complaint concerning a solar installation company with the Public Utilities Commission of Nevada.
Upon receipt of a complaint, the Commission may direct the host customer to the appropriate agency or person to resolve the complaint.
2.
The failure of a person to comply with NRS 598.9801 to 598.9822, inclusive, and sections 14.1 to 14.4, inclusive, of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
lessee an agreement for the purchase or lease of a distributeder or 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 14.1 to 14.4, 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 14.1 to 14.4, inclusive, of this act, or knowingly failing to maintain a recording of a verbal communication as required by NRS 598.98213, the agreement is voidable by the purchaser, lessee or host customer.
The actions of persons who solely conduct administrative duties or provide administrative services directly to and for the benefit of the solar installation company are not imputed to the solar installation company for the purposes of this subsection.
- 83rd Session (2025) – 20 – 4.
A violation of any provision of NRS 598.9801 to 598.9822, inclusive, and sections 14.1 to 14.4, inclusive, of this act constitutes consumer fraud for the purposes of NRS 41.600.
5.
Any document described in NRS 598.9809 to 598.9821, provided in:nd sections 14.1 to 14.4, inclusive, of this act must be (a) English;
or (b) Any other language, if any person so requests before the execution of the relevant document.
6.
If a solar installation company advertises its services or negotiates orally or in writing any of the requirements of NRS 598.9801 to 598.9822, inclusive, and sections 14.1 to 14.4, inclusive, of this act 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, and sections 14.1 to 14.4, inclusive, of this act resulting from such advertising or negotiations in the language in which such advertising was made or such negotiations occurred to a person who is a party to such a contract or agreement, or who may sign the contract or agreement, or who is entitled to receive such 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.
Sec.
Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 and 25 of this act.
Chapter 704 of NRS is hereby amended by adding theSec.
Sec.
(Deleted by amendment.) Sec.
(Deleted by amendment.) sections 24 and 25 of this act.
Sec.
Sec.
- 83rd Session (2025) – 21 – Sec.
26.
(Deleted by amendment.) Sec.
(b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.
customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.
- *SB440_R1* – 19 – (d) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.
(d) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.
(1) An energy meter that is capable of measuring generation output and customer load;
(1) An energy meter that is capable of measuring generation output (2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.
and (2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.
(b) Except as otherwise provided in paragraph (d) and subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, - 83rd Session (2025) – 22 – including, without limitation, customer, demand and facility charges.
(b) Except as otherwise provided in paragraph (d) and subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, customer, demand and facility charges.
(c) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the cus(d) Shall not charge the customer-generator any standby charge.
(c) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.
(d) Shall not charge the customer-generator any standby charge.
7.
(a) If applicable, the universal energy charge imposed pursuant to NRS 702.160;
A utility shall assess against a customer-generator:
- *SB440_R1* – 20 – (a) If applicable, the universal energy charge imposed pursuant to NRS 702.160;
(a) Retaining the percentage set forth in subsection 3 of NRS 704.7732 to be used to determine the credit for electricity governed by paragraph (c) of subsection 2 of NRS 704.775, which is applicable to the customer-generator;
- 83rd Session (2025) – 23 – 704.7732 to be used to determine the credit for electricity governed by paragraph (c) of subsection 2 of NRS 704.775, which is applicable to the customer-generator;
(b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.
a customer-generator and the utility which must be included in aes of standard net metering contract.
- *SB440_R1* – 21 – (III) The processing of a request to temporarily disconnect and subsequently reconnect electric service in relation to the installation of a net metering system;
(III) The processing of a request to temporarily disconnect and subsequently reconnect electric service in relation to the installation of a net metering system;
and (IV) Obtaining the permission of the utility to operate the net metering system.
and the net metering system.
(2) The requirement that a utility that denies the application of a net metering applicant provide to the net metering applicant a notice detailing the reasons for the denial.
the permission of the utility to operate (2) The requirement that a utility that denies the application of a net metering applicant provide to the net metering applicant a notice detailing the reasons for the denial.
Sec.
- 83rd Session (2025) – 24 – Sec.
A customer-generator must obtain all necessary permits and approvals required by any governmental entity for the installation of his or her net metering system and install the net metering system in compliance with the permits and approvals.
A customer-generator must obtain all necessary permits and approvals required by any governmental entity for the installation of his or her net metering system and install the net met2.ingA net metering system used by a customer-generator must meet all applicable safety and power quality standards established by:
2.
A net metering system used by a customer-generator must meet all applicable safety and power quality standards established by:
This act becomes effective:
Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
This section becomes effective upon passage and approval.
and 2.
2.
On October 1, 2025, for all other purposes.
Sections 1 to 29, inclusive, of this act become effective:
H - *SB440_R1*
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
and (b) On October 1, 2025, for all other purposes.
~~~~~ 25 - 83rd Session (2025)
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Amendments

2 amendments

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Action History

  1. Chapter 262.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Assembly Amendment No. 708 concurred in. To enrollment.

  5. From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 40, Nays: 2.) To Senate. In Senate.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 708.) To printer.

  7. In Assembly. Read first time. Referred to Committee on Growth and Infrastructure. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 343.) To printer.

  10. From printer. To committee.

  11. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

  • Senate Committee on Commerce and Labor · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on · 2 voted No

Sponsors (1)

  • Senate Committee on Commerce and Labor

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Assembly (2nd Reprint)

Passed 40 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 27000
Republican 12200
Unaffiliated 1000
Total 40200
% of votes cast 95%5%0%0%
How each member voted (42)
Member Party Vote
O’Neill, PK — Yea
Anderson, Natha C. Democratic Yea
Backus, Shea M. Democratic Yea
Brown-May, Tracy Democratic Yea
Carter, Max E., II Democratic Yea
Considine, Venicia Democratic Yea
D'Silva, Reuben Democratic Yea
Dalia, Joe Democratic Yea
Flanagan, Tanya P. Democratic Yea
González, Cecelia Democratic Yea
Goulding, Heather Democratic Yea
Hunt, Linda F. Democratic Yea
Jackson, Jovan A. Democratic Yea
Jauregui, Sandra Democratic Yea
Karris, Venise Democratic Yea
La Rue Hatch, Selena Democratic Yea
Marzola, Elaine H. Democratic Yea
Miller, Brittney M. Democratic Yea
Monroe-Moreno, Daniele Democratic Yea
Moore, Cinthia Zermeño Democratic Yea
Mosca, Erica Democratic Yea
Nadeem, Hanadi Democratic Yea
Nguyen, Duy Democratic Yea
Orentlicher, David Democratic Yea
Roth, Erica P. Democratic Yea
Torres-Fossett, Selena Democratic Yea
Watts, Howard Democratic Yea
Yeager, Steve Democratic Yea
Cole, Lisa K. Republican Nay
DeLong, Rich Republican Yea
Dickman, Jill Republican Yea
Edgeworth, Rebecca Republican Yea
Gallant, Danielle Republican Yea
Gray, Ken Republican Yea
Gurr, Bert K. Republican Yea
Hafen, Gregory T., II Republican Nay
Hansen, Alexis M. Republican Yea
Hardy, Melissa R.. Republican Yea
Hibbetts, Brian Republican Yea
Kasama, Heidi Republican Yea
Koenig, Gregory S. Republican Yea
Yurek, Toby Republican Yea

Official roll call →

Senate (1st Reprint)

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 8000
Democratic 13000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Cannizzaro, Nicole J. Democratic Yea
Cruz-Crawford, Michelee "Shelly" Democratic Yea
Daly, Skip Democratic Yea
Dondero Loop, Marilyn Democratic Yea
Doñate, Fabian Democratic Yea
Flores, Edgar Democratic Yea
Lange, Roberta Democratic Yea
Neal, Dina Democratic Yea
Nguyen, Rochelle T. Democratic Yea
Ohrenschall, James Democratic Yea
Pazina, Julie Democratic Yea
Scheible, Melanie Democratic Yea
Taylor, Angela D. Democratic Yea
Buck, Carrie Ann Republican Yea
Ellison, John Republican Yea
Hansen, Ira Republican Yea
Krasner, Lisa Republican Yea
Rogich, Lori Republican Yea
Steinbeck, John C. Republican Yea
Stone, Jeff Republican Yea
Titus, Robin L. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 440?
SB 440 is sponsored by Senate Committee on Commerce and Labor.
What is the current status of SB 440?
This bill has been enacted into law. Introduced March 24, 2025. Enacted.
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