SB 379 — Revises provisions relating to commerce. (BDR 55-336)

Sectionsperson 8,who 9,generates 23.2leads and 32 of this bill also provide a borrower, lessee or purchaserreferrals the right to rescindperform suchwork anconcerning agreement if the results of a required on-site physical survey of the premises conducted after the execution of the agreement would require the alteration of the terms of the agreement to increase the price of the distributed generationa system or change the type of equipment used for the distributed generation system.

person who generates leads or referrals to perform work concerning a distributeda generation system.

Section 23.8 of this bill prohibits a solar installation company, a person who generates leads or referrals to perform work concerning a distributed generation system or a distributed generation system financier from engaging in certain conduct, including, without limitation, certain specified deceptive or fraudulent conduct in connection with the lease or purchase of a distributed generation system or Sectionthe 24contracting offor this bill makes a conformingpower changepurchase soagreement. that the definitions applicable to the provisions of existing law governing distributed generation systems apply to sections 23.2-23.8.

Section 3324 of this bill providesmakes a conforming change so that athe violationdefinitions applicable to the provisions of sectionsexisting 23.2-23.8law constitutesgoverning adistributed deceptivegeneration tradesystems practiceapply andto consumersections fraud.23.1-23.8.

-Section *SB379_R1*33 –of 4this –bill Sectionsprovides 7, 27 and 29 also provide that a borrower,violation lesseeof orsections purchaser23.1-23.8 isconstitutes not required to pay any money to a distributeddeceptive generationtrade systempractice financier or solar installation company before the distributed generation system has received permission from the appropriate public utility to connect to the power grid or, if the system will not be connected to the power grid, has passed a final inspection and becomeconsumer operational.fraud.

Sections 2723.6, and27, 29 additionallyand impose30 certainalso dutiesprovide onthat a solarborrower, installationlessee, productionpurchaser inor host customer is not required to pay any money to a distributed generation system payment that does not exceed a certain amount, before the firstdistributed yeargeneration ofsystem operationhas ofreceived permission from the system.appropriate public utility to connect to the power grid or, if the system will not be connected to the power grid, has passed a final inspection and become operational.

Sections 7,27 29 and 3029 ofadditionally thisimpose billcertain requireduties anon agreement for the provision of a distributedsolar generationinstallation systemcompany loan,if an agreement for the lease of a distributed generation system orfails a power purchase agreement to containmeet informationthe concerningestimated whetheramount aof borrower,production lessee or host customer may transfer the agreement in the eventfirst ofyear a sale of theoperation property to which the distributed generation system is affixed and the process to complete a payoff of any amount owed under the agreement.system.

Sections 27,23.14, 29 and 30 additionallyof this bill require certainan otheragreement provisionsfor andthe disclosuresprovision toof bea includeddistributed ingeneration system loan, an agreement for the agreement.r lease of a distributed generation system andor a power purchase Existingagreement lawto excludescontain frominformation theconcerning definitionwhether ofa “solarborrower, installationlessee company”or ahost personcustomer whomay generatestransfer leadsthe oragreement referralsin tothe performevent workof concerning a sale of the property to which the distributed generation system,system ifis affixed and the person’sprocess activitiesto arecomplete limiteda topayoff certainof specifiedany activities.amount owed under the agreement.

Sections 27, 29 and 30 additionally require certain other provisions and disclosures to be included in an agreement for the purchase or lease of a distributed generation system and a power purchase agreement.

Existing law excludes from the definition of “solar installation company” a generation system, if the person’s activities are limited to certain specifieded activities.

Section 25 additionally prohibits such a person froSectionsfrom 7engaging andin 26advertising requirethrough anany agreementmedia forother thethan provisionprint ofmedia. a distributed generation system loan and the cover page for an agreement for the lease of a distributed generation system to prominently display at the top of the agreement or cover page the length of the term of the loan or lease and a description of the consequences if the borrower or lessee dies during the term of the loan or lease.

SectionsSection 26,23.7 28 and 29.5 of this bill requireauthorizes the coverState pageContractors’ ofBoard anto agreementadopt forregulations thethat leaserequire orany purchaseemployee of a distributedsolar generationinstallation systemcompany orto asubmit power purchase agreement to containa certainbackground informationcheck relatingand towhich theset amountforth paidrequirements byfor thesuch thebackground agreement.checks.

Sections 26,23.14, 2826 and 29.5 of this bill also require suchan agreement for the provision of a distributed generation system loan and the cover page tofor containan agreement for the lease of a statementdistributed providinggeneration certainsystem informationor concerningpower financialpurchase covenantsagreement andto restrictions- that83rd maySession affect(2025) – 4 – prominently display at the futuretop saleof the agreement or transferabilitycover page the length of the propertyterm host customer dies during the term of the purchaser,agreement.es if the borrower, lessee or hostSections customer.26, 28 and 29.5 of this bill require the cover page of an agreement for the lease or purchase of a distributed generation system or a power purchase agreement to contain certain information relating to the amount paid by the the agreement.

Sections 26, 28 and 29.5 also require such a cover page to contain a statement providing certain information concerning financial covenants and restrictions that may affect the future sale or transferability of the property of the purchaser, lessee or host customer.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Chapter 675 of NRS is hereby amended by adding thereto thea provisionsnew setsection forth as sections 2 to 17,read inclusive,as offollows: this act.

A licensee shall not engage in any deceptive trade practice as defined in chapter 598 of NRS.

Secs.

2, 3, 3.5, 4, 4.5 and 5-22.

(Deleted by amendment.) Sec.

23.

Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 23.1 to 23.8, inclusive, of this act.

2.23.1.

As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

- *SB379_R1* – 5 – Sec.

3.

3.5.23.11.

“Host1. customer” has the meaning ascribed to it in NRS 598.9805.

“Distributed generation system financier” means a person who:

(a) Provides a distributed generation system loan to a borrower in this State;

(b) Leases a distributed generation system or any part thereof to a lessee in this State;

or (c) Enters into a contract for a power purchase agreement with a host customer in this State.

2.

The term does not include a third party who is a passive investor or a tax equity partner of a distributed generation system financier that provides money to a distributed generation system financier and who is not directly involved in the sale or lease of or the contracting for a distributed generation system.

4.23.12.

“Lessee”“Distributed generation system loan” means a personloan whomade leasesfor athe distributedexpress generationpurpose systemof orfinancing anythe partpurchase thereofof from a distributed generation system financier.or any part thereof.

- 83rd Session (2025) – 5 – not charge a borrower, lessee, host customer or prospectiveshall borrower, lessee or host customer any fee in connection with the provision of a distributed generation system loan, the lease of a distributed generation system or the contracting for a power purchase agreement that is attributable to a fee imposed on the distributed generation system financier by a third party, including, without limitation, a fee imposed for the performance of a credit check, in an amount that exceeds the actual amount of the fee charged to the distributed generation system financier by the third party.

4.5.23.14.

“Power purchase agreement” has the meaning ascribed to it in NRS 598.9807.

Sec.

5.

“Solar installation company” has the meaning ascribed to it in NRS 598.9808.

Sec.

6.

A distributed generation system financier shall not charge a borrower, lessee, host customer or prospective borrower, lessee or host customer any fee in connection with the provision of a distributed generation system loan, the lease of a distributed generation system or the contracting for a power purchase agreement that is attributable to a fee imposed on the distributed generation system financier by a third party, including, without limitation, a fee imposed for the performance of a credit check, in an amount that exceeds the actual amount of the fee charged to the distributed generation system financier by the third party.

Sec.

7.

The following information prominently displayed at the top of the first page of the agreement in at least a 16-point font:

(a)(b) NoticeA description of the termconsequences ofif the loan;borrower dies before the loan is repaid.

and (b) A description of the consequences if the borrower dies before the loan is repaid.

The following information in at least a 10-point font:

(b) A provision that provides that the borrower is not required to pay any money to the distributed generation system financier under the agreement, other than an initial down payment or deposit that may be charged in an amount that does not exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, if the borrower has not paid that amount to the solar installation company under the agreement for the purchase of the distributed generation system, until:

(1) If the distributed generation system will be connected to the power grid, the distributed generation system receives permissionpower fromgrid.from the appropriate public utility to connect to the (2) If the distributed generation system will not be connected to the power grid.grid, the distributed generation system passes a final inspection and becomes operational.

(2)(c) IfThe thegranting distributedto generationthe systemborrower willof notthe beright connected to therescind power grid, the distributedagreement generationfor system passes a finalperiod inspectionof: and becomes operational.

-(1) *SB379_R1*For –a 6borrower –who (c)is Theless grantingthan to60 theyears borrower of theage, right3 tobusiness rescinddays after the agreement foris asigned. period of:

(1)- 83rd Session (2025) – 6 – (2) For a borrower who is under 60 years of age,age 3or older, 10 business days after the agreement is signed.

(2)(d) ForThe agranting borrowerto whothe isborrower 60of yearsthe ofright ageto orrescind older,the 10agreement businesspursuant daysto aftersection the23.2 agreementof isthis signed.act.

(d)the Theevent grantingof a sale or transfer of the property to which therower in distributed generation system is affixed, including, without limitation, whether the borrower ofmay transfer the rightagreement to rescindthe purchaser or transferee of the agreementproperty, pursuantthe conditions of any such transfer and the process to sectioncomplete 8a payoff of thisthe act.amount owed under the agreement.

(e) A description of all the options available to the borrower in the event of a sale or transfer of the property to which the distributed generation system is affixed, including, without limitation, whether the borrower may transfer the agreement to the purchaser or transferee of the property, the conditions of any such transfer and the process to complete a payoff of the amount owed under the agreement.

8.23.15.

A borrower who is entitled to rescind an agreement for the purchase of a distributed generation system pursuant to section 23.2 of this act is also entitled to rescind an agreement for the provision of a distributed generation system loan for that system within 3 business days after the receipt of the results of the physical survey.

Sec.

9.

(b) For a borrower who is 60 years of age or older, thetenth 10th business day after the date the agreement was entered into or signed.

(c) ThirdFor a rescission pursuant to section 23.2 of this act, third business day after the receipt of the results of an on-on-site site physical survey described in section 23.2 of this act.

2.the distributed generation system financier at the financier’s place of business, or another place designated in the agreement, or sent to the electronic mail address set forth in the agreement and must contain words indicating the intent of the borrower to rescind or cancel the transaction previously entered into.

The notice must be addressed to the distributed generation system financier at the financier’s place of business, another place designated in the agreement or sent to the electronic mail address set forth in the agreement and must contain words indicating the intent of the borrower to rescind or cancel the transaction previously entered into.

10.23.16.

A distributed generation system financier shall provide to a borrowerborrower, lessee or lesseehost customer a copy of an agreement for the provision of a distributed generation system loanloan, oran agreement for the lease of a -distributed *SB379_R1*generation –system 7or –a distributedpower generationpurchase system,agreement, as applicable, immediately after it is signed by the borrowerborrower, lessee or lessee.host customer.

11.23.17.

If a distributed generation system will be installed on the roof of a manufactured home, the distributed generation system financier must not execute an agreement for the provision of a distributed generation system loan or the lease of a distributed generation system unless the distributed generation system financier has:

VerifiedIf thata distributed generation system will be installed on the solarroof installationof companya thatmanufactured willhome, installthe distributed generation system financier must not execute an agreement for the provision of a distributed generation system,system inloan, additionan to- being83rd properlySession licensed(2025) pursuant– to7 chapter– 624agreement for the lease of NRS,a holdsdistributed generation system or a licensepower issuedpurchase pursuantagreement tounless NRSthe 489.311;distributed generation system financier has:

and(a) 2.Verified that the solar installation company that will install licensed pursuant to chapter 624 of NRS, holds a license issuedy pursuant to NRS 489.311;

and (b) Obtained from the solar installation company that will install the distributed generation system an inspection report indicating that the roof of the manufactured home is able to safely withstand the weight of the distributed generation system.

2.

As used in this section, “manufactured home” has the meaning ascribed to it in NRS 489.113.

12.23.18.

A distributed generation system financier shall ensure that any solar installation company that installs a distributed generation system for which the distributed generation system financier has executed an agreement for the provision of a distributed generation system loanloan, oran agreement for the lease of a distributed generation system or a power purchase agreement is properly licensed pursuant to chapter 624 of NRS and acting within the monetary limit of the license.

If a distributed generation system financier fails to comply with the provisions of subsection 1, the agreement for the provision of the distributed generation system loanloan, orthe agreement for the lease of the distributed generation system or the power purchase agreement is voidable by the borrowerborrower, lessee or lesseehost customer for 3 years after the date on which:

(a) If the distributed generation system will be connected to the power grid, the distributed generation system receives permissionpermissionthe from the appropriate public utility to connect to the power grid.

A distributed generation system financier who,shall pursuantnot toprovide anany agreementmoney for the provisioninstallation of a distributed generation system loanpursuant orto an agreement for the leaseprovision of a distributed generation system,system providesloan, anyan moneyagreement for the installationlease of a distributed generation system or a power purchase agreement to a solar installation company that is not properly licensed pursuant to chapter 624 of NRS or that is acting outside the monetary limit of the licenselicense. commits a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

13.23.19.

A distributed generation system financier shall, in person or by telephone or videoconference:videoconference, verbally:

- *SB379_R1*83rd Session (2025) – 8 – (a) Confirm the identity of a borrower under an agreement for the provision of a distributed generation system loan;loan or a lessee under an agreement for the lease of a distributed generation system;

(b) Communicate to the borrower the terms and conditions of the agreement for the provision of a distributed generation system loan, including, without limitation, any fees charged by the distributed generation system financier;

and (c) ConfirmFor thata thelessee, borrowercommunicate understandsto the lessee the information communicatedrequired to be included in a cover page pursuant to paragraphNRS (b).598.9809;

and (d) Confirm that the borrower or lessee understands the information communicated pursuant to paragraphs (b) and (c).

14.23.2.

ABefore distributedor generationafter system financier shall not pay to a solar installation company pursuant to an agreement for the provisionlease or purchase of a distributed generation system loan or thea leasepower ofpurchase aagreement distributedhas generationbeen systemexecuted, anthe amountsolar thatinstallation exceedscompany theshall amountperform setan forthon-site inphysical paragraphsurvey (g) of subsectionthe 2premises at which the results of NRSthe 624.875physical beforesurvey to the datelessee, onpurchaser which:or host customer.

(a) If the distributed generation system will be connected to the power grid, the distributed generation system receives permission from the appropriate public utility to connect to the power grid.

(b) If the distributed generation system will not be connected to the power grid, the distributed generation system passes a final inspection and becomes operational.

IfExcept aas distributedotherwise generationprovided systemin financiersubsection violates3, if the provisionsresults of the physical survey performed pursuant to subsection 1,1 after an agreement for the lease or purchase of a distributed generation system financieror becomespower responsiblepurchase foragreement ensuringhas been executed reveal any condition that would necessitate the alteration of the provisions of the agreement to increase the price of the distributed generation system receivesor permissionchange from the appropriatetype publicof utilityequipment toused connectfor the distributed generation systemsystem, to the powerlessee, gridpurchaser or passeshost acustomer finalmay, inspectionwithin and3 becomesbusiness operational,days asafter applicable.the receipt of the results of the on-site physical survey, rescind:

(a) The agreement for the lease or purchase of the distributed generation system or the power purchase agreement, as applicable;

and - 83rd Session (2025) – 9 – (b) For a purchaser who has entered into an agreement for the provision of a distributed generation system loan for the purchase of the distributed generation system, the agreement for the provision of the distributed generation system loan.

substitution of any equipment used for the distributed generation system if:

(a) The substituted equipment is of equal or superior quality to that of the equipment being substituted;

(b) The substitution does not require the lessee, purchaser or host customer to incur any additional costs as a result of the substitution;

and (c) The substitution does not cause the estimated amount of production in the first year of operation to be reduced by more than 5 percent.

15.23.21.

A1. distributed generation system financier shall not cause a distributed generation system to be disconnected or otherwise prevent a borrower, lessee or host customer from using the distributed generation system because the borrower, lessee or host customer failed to make a payment as required under an agreement for the provision of a distributed generation system loan, an agreement for the lease of a distributed generation system or a power purchase agreement unless the borrower, lessee or host - *SB379_R1* – 9 – customer, as applicable, has failed to make three consecutive monthly payments required under the agreement.

A distributed generation system financier shall not pay to a solar installation company pursuant to an agreement for the provision of a distributed generation system loan, an agreement for the lease of a distributed generation system or a power purchase agreement an amount that exceeds the amount set forth in paragraph (g) of subsection 2 of NRS 624.875 before the date on which:

(a) If the distributed generation system will be connected to the power grid, the distributed generation system receives permission from the appropriate public utility to connect to the power grid.

(b) If the distributed generation system will not be connected to the power grid, the distributed generation system passes a final ins2.ctIf a distributed generation system financier violates the provisions of subsection 1, the distributed generation system financier becomes responsible for ensuring that the distributed generation system receives permission from the appropriate public utility to connect the distributed generation system to the power grid or passes a final inspection and becomes operational, as applicable.

16.23.22.

TheA assigneedistributed ofgeneration ansystem agreementfinancier forshall thenot provisioncause of a distributed generation system loanto orbe thedisconnected leaseor ofotherwise prevent a borrower, lessee or host customer from using the distributed generation system isbecause subjectthe toborrower, alllessee claimsor andhost defensescustomer offailed theto borrowermake ora lesseepayment againstas required under an agreement for the provision of a distributed generation system financierloan, whoan providedagreement for the loanlease orof entereda intodistributed thegeneration lease,system exceptor thata thepower liabilitypurchase ofagreement unless the assigneeborrower, pursuantlessee toor thishost section- must83rd notSession exceed(2025) the– amount10 owed– tocustomer, theas assigneeapplicable, athas thefailed timeto themake claimthree orconsecutive defensemonthly ispayments assertedrequired againstunder the assignee.agreement.

17.23.23.

The assignee of an agreement for the provision of a distributed generation system loan, an agreement for the lease of subject to all claims and defenses of the borrower, lessee or host customer against the distributed generation system financier who provided the loan or entered into the lease agreement or power purchase agreement, except that the liability of the assignee pursuant to this section must not exceed the amount owed to the assignee at the time the claim or defense is asserted against the assignee.

Sec.

23.24.

A distributed generation system financier shall not advertise or permit to be advertised in any manner whatsoever any false, misleading or deceptive statement or representation with regard to any rate that may be charged by a public utility for electricity.

Sec.

23.3.

18.

NRS 675.020 is hereby amended to read as follows:

675.020 As used in this chapter, unless the context otherwise requires:

1.

“Amount of cash advance” means the amount of cash or its equivalent actually received by a borrower or paid out at his or her direction or on his or her behalf.

2.

“Amount of loan obligation” means the amount of cash advance plus the aggregate of charges added thereto pursuant to authority of this chapter.

3.

“Breach of the security of the computerized data system” or “breach” means the unauthorized acquisition of computerized data from the computerized data system of the licensee that compromises the security, confidentiality or integrity of personal information maintained by the licensee.

The term does not include the good faith acquisition of personal information by an employee or agent of a licensee for a legitimate purpose of the licensee, so long as the personal information is not used for a purpose unrelated to the licensee or subject to further authorized disclosure.

4.

“Business of lending in this State” means that a person:

(a) Solicits loans in this State or makes loans to persons in this State, unless these are isolated, incidental or occasional transactions;

or (b) Is located in this State and solicits loans outside of this State or makes loans to persons located outside of this State, unless these are isolated, incidental or occasional transactions.

5.

“Commissioner” means the Commissioner of Financial Institutions.

6.

“Community” means a contiguous area of the same economic unit or metropolitan area as determined by the - *SB379_R1* – 10 – Commissioner, and may include all or part of a city or several towns or cities.

7.

“Computerized data system” means a system of software, hardware or firmware, including, without limitation, a system of web-based applications, that:

(a) Is owned, leased or licensed by a licensee;

(b) Is located at the place of business of the licensee or hosted remotely;

and (c) Stores or provides access to personal information, financial information or other data related to borrowers or potential borrowers.

8.

“Consumer credit” has the meaning ascribed to it in NRS 604A.036.

9.

“Covered service member” has the meaning ascribed to it in NRS 604A.038.

10.

“Dependent” has the meaning ascribed to it in NRS 604A.057.

11.

“Distributed generation system” has the meaning ascribed to it in NRS 598.9804.

12.

“Distributed generation system financier” means a person who:

(a) Provides a distributed generation system loan to a borrower, as defined in section 3 of this act, in this State;

(b) Leases a distributed generation system or any part thereof to a lessee, as defined in section 4 of this act, in this State:

or (c) Contracts for a power purchase agreement with a host customer, as defined in NRS 598.9805, 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 a distributed generation system financier and who is not directly involved in the sale or lease of or the contracting for a distributed generation system.

13.

“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.

14.

“Internet business lender” means a person who makes business loans exclusively through the Internet.

[12.] 15.

“License” means a license, issued under the authority of this chapter, to make loans in accordance with the provisions of this chapter, at a single place of business.

[13.] 16.

“Licensee” means a person to whom one or more licenses have been issued.

[14.] 17.

“Manufactured home” has the meaning ascribed to it in NRS 489.113.

18.

“Manufactured home financier” means a person who:

- *SB379_R1* – 11 – (a) Provides a loan in this State for the express purpose of financing the purchase of a manufactured home that is not permanently attached to land;

or (b) Leases to another person a manufactured home in this State that is not permanently attached to land.

19.

“Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in NRS 604A.083.

[15.] 20.

“Personal information” has the meaning ascribed to it in NRS 603A.040.

[16.] 21.

“Remote location” means a location other than an office or place of business for which a license has been issued pursuant to this chapter and at which an employee of a licensee engages in the business of lending in this State pursuant to NRS 675.2965 to 675.299, inclusive.

Sec.

19.

(Deleted by amendment.) Sec.

20.

NRS 675.060 is hereby amended to read as follows:

675.060 No person may engage in the business of lending , the business of a manufactured home financier or the business of a distributed generation system financier in this State without first having obtained a license from the Commissioner pursuant to this chapter for each office or other place of business at which the person engages in such business, except that:

1.

If a person intends to engage in the business of lending in this State as a deferred deposit loan service, high-interest loan service or title loan service, as those terms are defined in chapter 604A of NRS, the person must obtain a license from the Commissioner pursuant to chapter 604A of NRS before the person may engage in any such business.

2.

An employee of a licensee may engage in the business of lending in this State at a remote location in accordance with NRS 675.2965 to 675.299, inclusive.

Sec.

21.

NRS 675.280 is hereby amended to read as follows:

675.280 A licensee shall not advertise or permit to be advertised in any manner whatsoever any false, misleading or deceptive statement or representation with regard to the rates, terms or conditions for loans [.] or applicable leases, including, without limitation, for a distributed generation system financier, any false, misleading or deceptive statement or representation with regard to any rate that may be charged by a public utility for electricity.

Sec.

22.

NRS 97.125 is hereby amended to read as follows:

97.125 1.

“Retail seller” or “seller” means:

(a) A person engaged in the business of selling or leasing goods or services to retail buyers or a licensee, franchisee, assignee or corporate affiliate or subsidiary of such a person;

- *SB379_R1* – 12 – (b) A person, other than a financial institution, who enters into agreements prescribing the terms for the extension of credit pursuant to which the person may, with the buyer’s consent, purchase or acquire one or more obligations of the buyer to a retail seller if the purchase, lease, loan or other obligation to be paid in accordance with the agreement is evidenced by a sales slip or memorandum;

or (c) A person, other than a financial institution, who regularly extends, whether in connection with sales or leases of goods or services, credit which is payable by agreement in more than four installments or for which the payment of a finance charge may be required.

2.

As used in this section, “financial institution” means:

(a) A bank, credit union, savings institution or trust company organized under, or supervised pursuant to, the laws of the United States or of any state, or any affiliate or subsidiary thereof;

or (b) A person licensed pursuant to chapter 675 of NRS [.] other than a distributed generation system financier or a manufactured home financier, as those terms are defined in NRS 675.020.

Sec.

23.

Chapter 598 of NRS is hereby amended by adding thereto [a new section to read as follows:] the provisions set forth as sections 23.2 to 23.8, inclusive, of this act.

Sec.

23.2.

1.

Before or after an agreement for the lease or purchase of a distributed generation system has been executed, the solar installation company shall perform an on-site physical survey of the premises at which the distributed generation system will be installed and provide the results of the physical survey to the lessee or purchaser.

2.

If the results of the physical survey performed pursuant to subsection 1 after an agreement for the lease or purchase of a distributed generation system has been executed reveal any condition that would necessitate the alteration of the provisions of the agreement to increase the price of the distributed generation system or change the type of equipment used for the distributed generation system, the lessee or purchaser may rescind the agreement within 3 business days after the receipt of the results of the on-site physical survey.

Sec.

(a) Accept any compensation for such a lead or referral in amountamo(b) thatSell exceedsany $2,000.such lead or referral to a person who does not hold a license issued pursuant to chapter 624 of NRS authorizing the performance of such work.

(b)2. Sell any such lead or referral to a person who does not hold a license issued pursuant to chapter 624 of NRS authorizing the performance of such work.

- *SB379_R1* – 13 – 2.

6 “This is a commercial solicitation that is not affiliated with any government agency or electric utility.” 9 3.

For a written or electronic communication, the statement required by subsection 2 must be made in a clear and conspicuous manner preceding any other text of the written or electronic - 83rd Session (2025) – 11 – communication.

A1. solar installation company shall not accept any payment as an initial down payment or deposit to be paid for the installation of a distributed generation system from a purchaser, lessee, host customer, distributed generation system financier, as defined in NRS 675.020, or any other person in an amount that exceeds $1,000 or 10 percent of the aggregate contract price, whichever is less.

Except as otherwise provided in subsection 2, a solar installation company shall not accept any payment for the lessee, host customer, distributed generation system financier or any other person before the date on which:

(a) If the distributed generation system will be connected to the power grid, the distributed generation system receives permission from the appropriate public utility to connect to the power grid.

(b) If the distributed generation system will not be connected to the power grid, the distributed generation system passes a final inspection and becomes operational.

2.

A solar installation company may, before the date specified in subsection 1, accept as an initial down payment or deposit to be paid for the installation of the distributed generation system a payment in an amount that does not exceed $1,000 or 10 percent of the aggregate contract price, whichever is less.

23.7.

The State Contractors’ Board may adopt regulations that:

1.

Require any employee of a solar installation company to submit to a background check;

and 2.

Set forth requirements for such background checks.

Sec.

(a) Include in any written or electronic marketing materials any material term for the lease or purchase of a distributeddistributedals generation system or a power purchase agreement that is not included in the agreement itself.

(3)- Making83rd anySession statement(2025) or– representation12 that– the person is an employee, representative or agent of this State or a political subdivision of this State.

(4) Using any official logo, seal, insignia, branding or uniform of a public utility or any logo, seal, insignia, branding or - *SB379_R1* – 14 – uniform that tends to mislead a person into believing that it is official.

(6) Making any statement or representation concerning or including in any written or electronic marketing material any statement or representation concerning any incentives, legislation, rebates or tax credits relating to a distributed generation system without including the statement required by subsection 2.

(7) Making any statement or representation that indicates or implies that the person is a participant in a governmental program related to incentives, tax credits or financial assistance for a distributed generation system unless the person has been expressly authorized in writing by the governmental entityentitybeen administering the program to make such statementsa statement or representations.representation.

A solar installation company, a person who generates leads or referrals to perform work concerning a distributed generation system or a distributed generation system financier shall include in any commercial communication, including, without limitation, any marketing materials, that provides information concerning any incentive, legislation, rebate or tax credit relating to a distributed generation system a statement indicating that it is recommended that the recipient of the communication consult withwitSec. an independent tax professional.

3.

As used in this section, “distributed generation system financier” has the meaning ascribed to it in NRS 675.020.

Sec.

598.9801 As used in NRS 598.9801 to 598.9822, inclusive, and sections 23.223.1 to 23.8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 598.9802 to 598.9808, inclusive, and sections 23.1, 23.11 and 23.12 of this act have the meanings ascribed to them in those sections.

“Solar installation company” means any form of business organization or any other nongovernmental legal entity, including,- without83rd limitation,Session a(2025) corporation,– partnership,13 association,– trust or unincorporated organization, that holds a license issuedissuedation, 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:

- *SB379_R1* – 15 – (a) Performs or offers to perform any work concerning a distributed generation system;

(b) Advertises, solicits or offers to enter into an agreement described[described in NRS 598.9801 to 598.9822, inclusiveinclusive;] [;]for ,the andpurchase sectionsor 23.2lease toof 23.8,a inclusive,distributed ofgeneration thissystem act;or a power purchase agreement or (c) Transacts business to:

or (c) Transacts business to:

or (II) Purchases electricity generated by a distributed generationgen2. system.

2.The term does not include a person who generates leads or referrals to perform work concerning a distributed generation system for persons who hold a license issued pursuant to chapter of NRS authorizing the performance of such work, if such activity is limited to:

The term does not include a person who generates leads or referrals to perform work concerning a distributed generation system for persons who hold a license issued pursuant to chapter 624 of NRS authorizing the performance of such work, if such activity is limited to:

or [(d)] (e) Advertising only through print media [.] and not through any electronic means, including, without limitation, through a mobile application, Internet website, online service, electronic mail or any other form of electronic media.

(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 or 10 business days , as applicable,- after83rd Session (2025) – 14 – NRS 598.98216.ter the execution of the agreement, as provided in (b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216.598.98216 and notice that the lessee may send such a notice to that electronic mail address.

(b)(c) AnNotice electronicof mailthe addressrequirement to whichmake aand noticemaintain ofa rescissionrecording or cancellation may be sent pursuant to NRS[NRS 598.98216598.98213.] andsection notice23.19 thatof thethis lesseeact. may send such a notice to that electronic mail address.

(c)(d) Notice that, before the installation of the requirementdistributed togeneration makesystem, andthe maintainlessee awill recordinghave pursuantthe opportunity to NRSconfirm 598.98213.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.

- *SB379_R1* – 16 – (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.

(f) A description of the consequences if the lessee dies during the term of the lease.

(g) A statement indicating that certain financial covenants and restrictions for distributed generation systems affixed to a property may have an impact or effect on the future sale or transferability of the property and that it is recommended that the lessee seek the advice of a real estate professional, attorney or financial adviser before entering into the lease.

[(g)] (f) The identification of any state or federal tax incentives that are included in calculating the amount of the monthly paymentspaymentsves due under the lease.

and (3)- Any83rd changeSession (2025) – 15 – estimated offset, or savings, in consumptionrelation byto the lesseeproduction.ct willthe impact(i)] (h) A description of the estimatedterms offset,for renewal or savings,any inother relationoptions toavailable at the production.end of the term of the lease.

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

- *SB379_R1* – 17 – [(l)] (k) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.

[(o)] (n) Notice that the lessee, before the execution of the agreement, may request any document used in the solicitation, offer or transaction for the agreement in any language.

The name, mailing address, telephone number and number of the2. contractor’s license of the solar installation company.

2.The name, mailing address and telephone number of:mpany.

The name, mailing address and telephone number of:

6.- 83rd Session (2025) – 16 – the installation or any inspection of the distributed generationf system.

The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.

- *SB379_R1* – 18 – 10.

and (b) Estimation of taxes known to be applicable during the term ofstructure.se, the lease, subject to any change in the state or local tax rate or tax structure.13.

13.

19.lessee, in connection with the continuation, termination or transfer of the lease in the event of the:

A description of all options available to the [host customer] lessee, in connection with the continuation, termination or transfer of the lease in the event of the:

20.- 83rd Session (2025) – 17 – the modification or transfer of the property to which the distributed generation system is affixed.

A description of any restrictions that the lease imposes on the modification or transfer of the property to which the distributed generation system is affixed.

(a) For a lessee who is underless than 60 years of age, 3 business days after the lease is signed.

- *SB379_R1* – 19 – 23.

25.make any payments under the lease, other than an initial downred to payment or deposit that may be charged in an amount that does not exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, until:

A provision that provides that the lessee is not required to make any payments under the lease until:

Such duties must include, without limitation, the duty to, if the distributed generation system has not met that amount of production 1 year after the date on which the distributed generation system received permission from the appropriate public utility to connect to the power grid or, if the distributed generation system is not connected to the power grid, 1 year after the date on which the distributed generation system passes a final inspection and becomes operational:

(a) Take any actions necessary to ensure that the distributed generation system will meet that amount of production in the following- year,83rd including,Session without(2025) limitation,– by18 the– installation of additional equipment or repair to any existing equipment;

ororlation of (b) Take both of the following actions:

(b) Of the effects of the behavior of the lessee with respect to the amount of the offset, including, without limitation, the fact - *SB379_R1* – 20 – that any change in consumption by the lessee will impact the fact estimated offset, or savings, in relation to the production and the possibility that the power bill of the lessee may increase based on his or her consumption;

(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 or 10 business days , as applicable,NRS after598.98216.ter the execution of the agreement, as provided in (b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216.598.98216 and notice that the purchaser may send such a notice to that electronic mail address.

(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice that the purchaser may send such a notice to that electronic mail address.

(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- concerning83rd theSession purchase(2025) of– 19 – other than what is contained in the agreement.d generation system (e) A statement indicating that certain financial covenants and restrictions for a distributed generation system otheraffixed thanto whata property may have an impact or effect on the future sale or transferability of the property and that it is containedrecommended inthat the purchaser seek the advice of a real estate professional, attorney or financial adviser before entering into the agreement.

(e) A statement indicating that certain financial covenants and restrictions for a distributed generation system affixed to a property may have an impact or effect on the future sale or transferability of the property and that it is recommended that the purchaser seek the advice of a real estate professional, attorney or financial adviser before entering into the agreement.

(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.

-the *SB379_R1*calculation –of 21the –total cost (g) The amounts due at the signing for and at the completion of the installation of the distributed generation system.

(j) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recoverrec(k) certainNotice financialthat damagesa fromhost customer may file a complaint with the RecoveryPublic Fund.Utilities Commission of Nevada.

(k) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.

(n)- If83rd theSession solar(2025) installation– company20 paid– any amount for a lead or referral that resulted in the agreement being provided to the purchaser, the amount paid for the lead or referral.

The name, mailing address, telephone number and electronic mailmai(a) addressThe of:purchaser of the distributed generation system;

(a)and (b) The purchasername, mailing address, telephone number and electronic mail address of the person responsible for all maintenance of the distributed generation system;system, if different from the solar installation company.

and (b) The name, mailing address, telephone number and electronic mail address of the person responsible for all maintenance of the - *SB379_R1* – 22 – distributed generation system, if different from the solar installation company.

5.generation system.ed timeline for the installation of the distributed 6.

An estimated timeline for the installation of the distributed generation system.

6.

- 83rd Session (2025) – 21 – 8.

A disclosure notifying the purchaser of the transferability of thethe10. obligations under the warranty to a subsequent purchaser.

10.The identification of any incentives included in ther.

The identification of any incentives included in the calculation of the total cost of the distributed generation system.

A provision that provides that the purchaser is not required to pay any money to the solar installation company, other than an initial down payment or deposit that may be charged in an amount that does not exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, if the purchaser has not paid that amount to a distributed generation system financier under an agreement for the provision of a distributed generation system loan for the distributed generation system, until:

(a) If the distributed generation system will be connected to the from the appropriate public utility to connect to the power grid.

(b) If the distributed generation system will not be connected to the power grid, the distributed generation system passes a final inspection and becomes operational.

17.

-18. *SB379_R1* – 23 – 17.

Such duties must include, without limitation, the duty to, if the distributed generation- system83rd hasSession not(2025) met– that22 amount– of production 1 year after the date on which the distributed generation system received permission from the appropriate public utility to connect to the power grid or, if the distributed generation system is not connected to the power grid, 1 year after the date on which the distributed generation system received a final inspection:

18.estimated production of the distributed generation system and offset, which must include, without limitation, an explanation:

On a separate page, a thorough explanation of the estimated production of the distributed generation system and offset, which must include, without limitation, an explanation:

NRS 598.9816 is hereby amended to read as follows:fol598.9816 A power purchase agreement for the sale of the output of a distributed generation system must include a cover page that:

598.9816 A power purchase agreement for the sale of the output of a distributed generation system must include a cover page that:

- *SB379_R1* – 24 – (a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days , as applicable, after the execution of the agreement, as provided in NRS 598.98216.

(b)- An83rd electronicSession mail(2025) address– to23 which– a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice thatthator the host customer may send such a notice to that electronic mail address.

(e) AThe statementlength indicating that certain financial covenants and restrictions for a distributed generation system affixed to a property may have an impact or effect on the future sale or transferability of the propertyterm and that it is recommended that the host customer seek the advice of a real estate professional, attorney or financial adviser before entering into the agreement.

(f) A description of the consequences if the host customer dies during the term of the agreement.

(g) A statement indicating that certain financial covenants and restrictions for a distributed generation system affixed to a property may have an impact or effect on the future sale or host customer seek the advice of a real estate professional,hat the attorney or financial adviser before entering into the agreement.

(d) The[The length of the term of the agreement.

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

(f)[(f)] (e) The estimated production of the distributed generation system in(1) theThe firsthost yearcustomer will always receive a power bill if the premises of operationthe andhost ancustomer explanationare that:connected to the power grid;

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

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

(h)- A83rd descriptionSession of(2025) any– option24 to– purchase the distributed generation system before the end of the term of the agreement.agreement.ibuted [(i)] (h) Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.

-[(j)] *SB379_R1*(i) –Notice 25that –a (i)person Noticefinancially ofdamaged theby existencea oflicensed thecontractor Recoverywho Fundperforms administeredwork byon thea Stateresidence Contractors’may Boardbe pursuanteligible to NRSrecover 624.470.certain financial damages from the Recovery Fund.

[(k)] (j) Notice that a personhost financiallycustomer damagedmay byfile a licensedcomplaint contractorwith whothe performsPublic workUtilities onCommission aof residenceNevada. may be eligible to recover certain financial damages from the Recovery Fund.

[(l)] (k) NoticeContact thatinformation afor hostthe customerState mayContractors’ fileBoard aand complaint with the Public Utilities Commission of Nevada.Nevada, including, without limitation, a telephone number.

[(m)] (l) ContactNotice informationthat forthe host customer, before execution of the Stateagreement, Contractors’may Boardrequest andany document used in the Publicsolicitation, Utilitiesoffer Commissionor oftransaction Nevada,for including,the withoutpower limitation,purchase aagreement telephonein number.any language.

(m) NoticeIf that the hostsolar customer,installation beforecompany executionpaid ofany theamount agreement,for maya requestbeing anyprovided documentto used in the solicitation,host offercustomer, orthe transactionamount paid for the powerlead purchaseor agreementreferral. in any language.

(n) If the solar installation company paidincluded any amountmaterial forterm of a leadpower orpurchase referralagreement that resulted in theany powerwritten purchaseor agreementelectronic beingmarketing materials provided to the host customer,customer before or contemporaneously with the amountagreement, paidnotice forthat the leadmaterial orterm referral.used in the marketing materials is the same as the corresponding term included in the agreement.

(o) If the solar installation company included any material term of a power purchase agreement in any written or electronic marketing materials provided to the host customer before or contemporaneously with the agreement, notice that the material term used in the marketing materials is the same as the corresponding term included in the agreement.

2.mail address of:mailing address, telephone number and electronic (a) The provider of the distributed generation system;

The name, mailing address, telephone number and electronic mail address of:

(a) The provider of the distributed generation system;

5.- 83rd Session (2025) – 25 – for the price of electricity, which includes, without limitation, the price per kilowatt-hour of electricity and the price per monthly system electrical output.

The6. 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.

- *SB379_R1* – 26 – 6.

and (b) Estimation of taxes known to be applicable during the term of the agreement, subject to a change in the state or local tax rate or tax structure.

(a) Sale or transfer of the property to which the distributed generation system is affixed [;] , including, without limitation, whether the host customer may transfer the obligations under the agreement to the purchaser or transferee of the property, thethethe conditions for any such transfer and the process to complete a payoff of any amount owed under the agreement;

The granting to the purchaser of the right to rescind the agreement for a period ending not less than 3: business days after the agreement is signed.

(a) For a host customer who is less than 60 years of age, 3 business days after the agreement is signed.

- 83rd Session (2025) – 26 – (b) For a host customer who is 60 years of age or older, 10 business days after the agreement is signed.

A description of any restrictions that the agreement imposes on the modification or transfer of the property to which the distributeddis18. generation system is affixed.

18.

- *SB379_R1* – 27 – 20.

AThe signaturegranting blockto thatthe ishost signedcustomer andof datedthe byright to rescind the purchaseragreement andpursuant theto solarsection installation23.2 company.of this act.

A provision that provides that the host customer is not required to pay any money under the agreement, other than an initial down payment or deposit in an amount that does not exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, until:

(a) If the distributed generation system will be connected to the power grid, the distributed generation system receives permission from the appropriate public utility to connect to the power grid.

(b) If the distributed generation system will not be connected to the power grid, the distributed generation system passes a final inspection and becomes operational.

22.

A signature block that is signed and dated by the purchaser and the solar installation company.

[21.] 23.

Sec.follows:31.

31.NRS 598.98213 is hereby amended to read as 598.98213 1.

NRS 598.98213 is hereby amended to read as follows:

598.98213 1.

(a) Confirm the identity of a purchaser or[or lesseelessee] under an agreement for the purchase or[or leaselease] of a distributed generation system or a host customer under a power purchase agreement;

(b) Communicate to the purchaser,purchaser lessee[, lessee] or host customer the information required to be included in a cover page pursuant to NRS 598.9809,[598.9809,] 598.9813 or 598.9816, as applicable;

and (c) Confirm that the purchaser,purchaser lessee[, lessee] or host customer understands the information communicated pursuant to paragraph (b).

and - 83rd Session (2025) – 27 – (b) Conducted at the time of the execution of the agreement or within 48 hours after the execution of the agreement.

A solar installation company shall not commence the installation of any distributed generation system under an agreement untilunt4. the recording required pursuant to this section has been made.

4.thA solar installation company shall maintain the recordingde.

A solar installation company shall maintain the recording required pursuant to this section for not less than [4] 5 years after the date of the final inspection of the distributed generation system within the jurisdiction in which the distributed generation system is located.

(a) For a powerpurchaser, purchaselessee agreement,or host customer who is less than years of age, third business day after the date the agreement was entered into or signed [.] ;

(b) For an agreement for the purchase or lease of a distributedpurchaser, generationlessee system, third business day or, for a purchaser or lesseehost customer who is 60 years of age or older, tenth business day,day after the date the agreement was entered into or signed;

or - *SB379_R1* – 28 – (c) For a rescission pursuant to section 23.2 of this act, third business day after the receipt of the results of an on-site physical survey described in section 23.2 of this act.

of an on-site physical 2.

- 83rd Session (2025) – 28 – 2.

The failure of a person to comply with NRS 598.9801 to 598.9822, inclusive, and sections 23.223.1 to 23.8, inclusive, of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

3.lessee an agreement for the purchase or lease of a distributedser 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 23.1 to 23.8, inclusive, of this act, including, without limitation, by failing to include any disclosure or information required by NRS 598.9801 to 598.9822, inclusive, and sections 23.1 to 23.8, inclusive, of this act, or knowingly failing to maintain a recording of a verbal communication as required by NRS 598.98213, the agreement is voidable by the purchaser, lessee or host customer.

If a solar installation company executes with a purchaser or lessee an agreement for the purchase or lease of a distributed generation system or with a host customer a power purchase agreement and knowingly fails to comply with any requirement of NRS 598.9801 to 598.9822, inclusive, and sections 23.2 to 23.8, inclusive, of this act, including, without limitation, by failing to include any disclosure or information required by NRS 598.9801 to 598.9822, inclusive, and sections 23.2 to 23.8, inclusive, of this act, or knowingly failing to maintain a recording of a verbal communication as required by NRS 598.98213, the agreement is voidable by the purchaser, lessee or host customer.

A violation of any provision of NRS 598.9801 to 598.9822, inclusive, and sections 23.223.1 to 23.8, inclusive, of this act, constitutes consumer fraud for the purposes of NRS 41.600.

-negotiates *SB379_R1*orally –or 29in –writing 6.any of the requirements of NRSs or 598.9801 to 598.9822, inclusive, and sections 23.1 to 23.8, inclusive, of this act in a language other than English or permits an employee or agent of the solar 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 23.1 to 23.8, inclusive, of this act resulting from such advertising or negotiations in the language in which such advertising was made or such negotiations occurred to a person who is a party to such a contract or agreement, or who may sign the contract or agreement, or who is entitled to receive such notice.

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 23.2 to 23.8, 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 23.2 to 23.8, inclusive, of this act resulting from such advertising or negotiations in the language in which such advertising was made or such negotiations occurred to a person who is a party to such a contract or agreement, or who may sign the contract or agreement, or who is entitled to receive such notice.

- 83rd Session (2025) – 29 – Sec.

34.

1.

A person who, on October 1, 2025, is engaged in the business of a distributed generation system financier or manufactured home financier and who is not otherwise required to be licensed pursuant to NRS 675.060, as that section existed before October 1, 2025, may continue to engage in the business of a distributed generation system financier or manufactured home financier without any license required by NRS 675.060, as amended by section 20 of this act, until January 1, 2026.

2.

As used in this section:

(a) “Distributed generation system financier” has the meaning ascribed to it in NRS 675.020, as amended by section 18 of this act.

(b) “Manufactured home financier” has the meaning ascribed to it in NRS 675.020, as amended by section 18 of this act.

Sec.

(b) “Distributed generation system loan” has the meaning ascribed to it in NRS 675.020, as amended by section 1823.12 of this act.

H~~~~~ 25 - *SB379_R1*83rd Session (2025)