Struck = removed from the bill ·
added = the amendment's new text.
SenateSession Bill(83rd) A SB379 317 Amendment No.
379–Senators317 Doñate;Senate Amendment to Senate Bill No.
Cruz-Crawford,379 Daly,(BDR Flores,55-336) SteinbeckProposed andby: Stone Joint Sponsors:
AssemblymembersSenate Moore;Committee on Commerce and Labor Amends:
andSummary: Watts CHAPTER..........
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will MAINTAIN the 2/3s majority vote requirement for final passage of S.B.
379 (§ 20 & NRS 675.100, 675.140, 675.400).
ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
SJQ/BAW - Date:
4/19/2025 S.B.
No.
379—Revises provisions relating to commerce.
(BDR 55-336) Page 1 of 25 *A_SB379_317* Senate Amendment No.
317 to Senate Bill No.
379 Page 3 SENATE B ILLN O.
379–SENATORS D OÑATE ;
RUZ -CRAWFORD , DALY, LORES , S TEINBECK AND STONE M ARCH 17,2025 _______________ JOINT SPONSORS :
ASSEMBLYMEMBERS M OORE;
AND W ATTS _______________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to commerce.
(BDR 55-336) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
imposingrequiring variouscertain requirementspersons uponto aobtain distributed generation system financier who finances the purchase of or leases a distributedlicense generationas systeman orinstallment contractslender; for a power purchase agreement;
imposing various requirements upon a distributed generation system financier who finances the purchase of or leases a distributed generation system [;] or contracts for a power purchase agreement;
(Chapter 675 of NRS) SectionWith 1certain ofexceptions, thisexisting billlaw prohibits ana installmentperson lender from engaging in anythe deceptivebusiness tradeof practice.lending without being licensed by the Commissioner as an installment lender.
sell(NRS and675.060) installSection 20 of this bill additionally prohibits a person from engaging in the business of a distributed generation systemssystem infinancier this[,] State.or a manufactured home financier [or a covered lessor] without being licensed by the Commissioner as an installment lender.
Section 18 of this bill defines:
(1) “distributed generation system financier,” in general, to mean a person who provides a loan to finance the purchase of a distributed generation system, which section 18 designates as a “distributed generation system loan,” [or] leases a distributed generation system [;] or mean, in general, a person who provides a loan to finance the purchase of or leases a Senate Amendment No.
317 to Senate Bill No.
379 Page 4 manufactured home that is not permanently attached to land .
[;
and (3) “covered lessor” to mean a person who leases personal property to another person pursuant to a lease agreement with an option to purchase.
Existing law exempts from the provisions of existing law governing installment lenders persons doing business as a pawnbroker, insurance company, bank or certain other financial institutions.
(NRS 675.040) Section 19 of this bill removes that exception if such a person is covered lessor.]istributed generation system financier, manufactured housing financier or Existing law imposes certain requirements on solar installation companies that sell and install distributed generation systems in this State.
(NRS 598.9801-598.9801-598.9822) 598.9822) Sections 23.1-23.32-17 of this bill impose various requirements on distributed generation system financiers and contractual requirements for an agreement for the provision of a distributed generation system loan,loan anor agreementlease Sectionfor 23.11 defines “distributed generation system financier” to mean, in general, a person who provides a distributed generation systemsystem. loan, leases a distributed generation system or enters into a contract for a power purchase agreement.
Section 23.126 definesprohibits “distributeda distributed generation system loan”financier tofrom meancharging a loanborrower, madelessee for, host customer or prospective borrower , [or] lessee or host customer certain fees that are attributable to a fee imposed on the expressfinancier purposeby ofa financingthird party in an amount that exceeds the purchaseactual amount of athe distributedfee generationcharged systemto orthe anyfinancier partby thereof.the third party.
aSection borrower,7 lessee,sets hostforth customercertain orrequirements prospectivefor borrower,the lesseecontents orof hostan customergagreement certainfor feesthe thatprovision areof attributable to a feedistributed imposedgeneration onborrower theor financierlessee by a thirdcopy partyof in an amountagreement thatfor exceedsthe provision of the actualdistributed amountgenerationa system loan or lease of thea feedistributed chargedgeneration tosystem theimmediately financierafter it is signed by the thirdborrower party.or lessee.
Section 23.1411 sets forth certain requirements for thea contentsdistributed ofgeneration ansystem agreementfinancier forwith therespect provisionto of a distributed generation system loan.that will be installed on the roof of a manufactured home.
Section 23.1612 requires a distributed generation system financier to provideensure tothat aany borrower,solar lesseeinstallation company that will install a distributed generation system loan,that anis agreementleased forby theor leasefor ofwhich a distributed generation system orloan ahas powerbeen purchaseissued agreementby immediatelythe afterfinancier itholds the proper contractor’s license and is signedacting bywithin the borrower,monetary lesseelimit orof hostthat customer.license.
-If 83rd Session (2025) – 2 – Section 23.17 sets forth certain requirements for a distributed generation system financier withfails respect to ado distributedso, generationthe systemloan thator willlease beagreement installedis onvoidable by the roofborrower ofor lessee for a manufacturedcertain home.period.
SectionAdditionally, 23.18section requires12 aprovides distributed generation system financier to ensure that any solar installation company that will install a distributed generation system that is leased by the financier orcommits for which a powerdeceptive purchasetrade agreementpractice orif agreementthe financier holdspays any the proper contractor’s license andor who is acting withinoutside the monetaryemonetary limit of thatsuch a license.
IfSection 14 additionally prohibits such a financier from making certain payments to a solar installation company before the distributed generation system financierhas failsreceived permission from the appropriate public utility to doconnect so,to the loanpower agreement,grid leaseor, agreementif orthe powersystem purchasewill agreementnot isbe voidableconnected byto the borrower,power lesseegrid, orhas host[received] customerpassed for a certainfinal period.inspection [.] and become operational.
Additionally,Section section13 23.18requires prohibits a distributed generation system financier from providing any money pursuant to amake loanand agreement,retain leasecertain agreementrecordings orwith power purchase agreement to a solarborrower installation company that does not have the proper contractor’s license or wholessee. is acting outside the monetary limit of such a license.
Section 23.2131 additionallyof prohibitsthis suchbill aincreases, financier from making4 certainyears payments to a5 solaryears, installation company before the distributedamount generationof systemtime hasa receivedsolar permissioninstallation fromcompany theis appropriaterequired public utility to connectmaintain tocertain therecordings. power grid or, if the system will not be connected to the power grid, has passed a final inspection and become operational.
Section 23.1915 requiresprohibits a distributed generation system financier from causing a distributed generation system to makebe anddisconnected retainor certainotherwise recordingsunusable withfor failure of a borrower , lessee or lessee.host customer to make any payment required under an agreement for the provision of a distributed generation system loan [.] , an agreement for the lease of a distributed customer, as applicable, has failed to make three consecutive monthly payments host required under the agreement.
Section 3117 ofrequires thisa bill:distributed generation system financier to comply with all applicable federal laws and regulations.
(1) removes the duty of a solar installation company to make certain recordings concerning a lessee which is imposed in section 23.19 on a distributed generation solar installation company is required to maintain certain recordings.nt of time a Section 23.2216 prohibitsprovides athat distributed generation system financier from causing a distributed generation system to be disconnected or otherwise unusable for the failureassignee of a borrower, lessee or host customer to make any payment required under an agreement for the provision of a distributed generation system loan,loan or an agreement for the lease of a distributed generation system oris asubject powerto purchaseall agreementclaims unlessand thedefenses borrower,of lesseethe borrower or hostlessee customer,against asthe applicable,distributed hasgeneration failedsystem tofinancier makewho threeprovided consecutivethe monthlyloan paymentsor requiredentered underinto the agreement.lease.
SectionUnder 23.3section requires16, athe distributedliability generationof systemthe financierassignee is limited to complythe withamount allowed applicableto federalthe lawsassignee andat regulations.the time the claim or defense is asserted against assignee.
SectionSenate 23.23Amendment providesNo. that the assignee of 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 is 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 or power purchase agreement.
Under317 section 23.23, the liability of the assignee is limited to theSenate amountBill owedNo. to the assignee at the time the claim or defense is asserted against assiSection 23.24 prohibits a distributed generation system financier from advertising any false, misleading or deceptive statement with regard to any rate that may be charged by a public utility for electricity.
Under379 existingPage law,5 aSection lessee21 orof purchaserthis bill revises provisions of existing law prohibiting a distributedlicensed generationinstallment systemlender from advertising certain false, misleading or adeceptive hoststatements customeror hasrepresentations to specify that the rightprohibition also applies to rescindapplicable theleases leaseand orspecifically purchaseincludes agreementsuch 3statements businessmade daysby aftera thedistributed agreementgeneration issystem signed.financier with regard to any rate that may be charged by a public utility for electricity.
(NRS 598.98216)675.280) SectionsSection 23.14,22 23.15, 26-30 and 32 of this bill providerevises aprovisions borrower,of lessee,existing purchaserlaw orrelating host customer the right to rescindretail aninstallment agreementsales formanufactured thehome provisionfinanciers of[and acovered distributedlessors] generationwho systemengage loan,in acertain leaseactivities. or purchase agreement or a power purchase agreement:
(1)(NRS 3and business97.125) daysUnder afterexisting signing,law, ifa lessee or purchaser of a distributed generation system has the personright isto lessrescind thanthe 60lease yearsor ofpurchase age;agreement 3 business days after the agreement is signed.
(NRS 598.98216) Sections 7, 9, 26-29 and (2)32 10of businessthis daysbill afterprovide signing,a ifborrower, lessee or purchaser the personright isto 60rescind yearsan agreement for the provision of agea distributed generation system loan or older.a lease or purchase agreement:
Sections(1) 23.15,three 23.2,business 26-30days -after 83rdsigning, Session (2025) – 3 – and 32 of this bill also provide a borrower, lessee, purchaser or host customer the right to rescind such an agreement if the resultsperson ofis aunder required60 on-siteyears physical survey of theage; 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 generation system or, with certain exceptions, change the type of equipment used for the distributed generation system.
personand who(2) generatesten leadsbusiness ordays referralsafter tosigning, performif workthe concerningperson ais distributed60 ayears generationof system.age or older.
Sections 8, 9, [23] 23.2 and 32 of this bill also provide a borrower, lessee or purchaser the right to rescind such an 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 [any of] the terms of the agreement [.] to increase the price of the distributed generation system or change the type of equipment used for the distributed geneSection 23.4 of this bill imposes certain requirements and restrictions upon a person who generates leads or referrals to perform work concerning a distributed generation system.
Section 24 of this bill makes a conforming change so that the definitions applicable to the provisions of existing law governing distributed generation systems apply to [section 23.] sections 23.1-23.8.23.2-23.8.
Section 33 of this bill provides that a violation of [section 23] sections 23.1-23.823.2Sections constitutes7, 27 and 29 also provide that a deceptiveborrower, tradelessee practiceor purchaser is not required to pay any money to a distributed generation system 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 [received] passed a final inspection [.] and consumerbecome fraud.operational.
Sections 23.6, 27, 29 and 30 also provide that a borrower, lessee, purchaser or host customer is not required to pay any money to a distributed generation system payment that does not exceed a certain amount, 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 become operational.
Sections 23.14,7, 29 and 30 of this bill require 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 to contain [provisions allowing] information concerning whether a borrower, lessee or host customer [to] may transfer the agreement in the event of a sale of the property to which the distributed generation system is affixed [.] and the process to complete a payoff of any amount owed under the disclosures to be included in an agreement for the purchase or lease of a distributed generation system and a power purchase agreement.
SectionsExisting 27,law 29excludes andfrom 30the additionallydefinition requireof certain“solar otherinstallation provisionscompany” anda disclosuresperson towho begenerates includedleads inor anreferrals agreementto forperform thework purchaseconcerning or lease of a distributed generation systemsystem, andif athe powerperson’s purchaseactivities agreement.are limited to certain specified activities.
Existing law excludes from the definition of “solar installation company” a generation system, if the person’s activities are limited to certain specifieded activities.
SectionSenate 23.7Amendment ofNo. this bill authorizes the State Contractors’ Board to adopt regulations that require any employee of a solar installation company to submit to a background check and which set forth requirements for such background checks.
Sections317 23.14, 26 and 29.5 of this bill require an agreement for the provision of a distributed generation system loan and the cover page for an agreement for the lease of a distributed generation system or power purchase agreement to -Senate 83rdBill SessionNo. (2025) – 4 – prominently display at the top of the agreement or cover page the length of the term host customer dies during the term of the agreement.es if the borrower, lessee or Sections 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.
Sections379 26,Page 286 system loan and 29.5the alsocover requirepage suchfor an agreement for the lease of a coverdistributed pagegeneration system to containprominently adisplay statementat providingthe certaintop informationof concerningthe financialagreement covenantsor andcover restrictionspage thatthe maylength affectof the futureterm saleof the loan or transferabilitylease and a description of the propertyconsequences ofif the purchaser,borrower or lessee ordies hostduring customer.the term of the loan or lease.
EXPLANATIONSections –26, Matter28 inand bolded29.5 italicsof isthis new;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 company for certain leads and referrals and certain notice relating to the terms of the agreement.
matterSections between26, bracketscertain [omittedinformation material]concerning isfinancial materialcovenants toand berestrictions omitted.that may affect theg future sale or transferability of the property of the purchaser, lessee or host customer.
Chapter 675 of NRS is hereby amended by adding thereto athe newprovisions sectionset forth as sections 2 to read17, asinclusive, follows:of 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.
23.1.2.
As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 [, 4 and] to 5, inclusive, of this act have the meanings ascribed to them in those sections.
Sec.
3.
23.11.3.5.
1.“Host 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.
23.12.4.
“Distributed“Lessee” generation system loan” means a loanperson madewho forleases thea expressdistributed purposegeneration ofsystem financingor theany purchasepart ofthereof from a distributed generation system orfinancier. 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.
23.14.4.5.
“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 , [or] lessee or host customer any fee in connection with the provision of a distributed generation system loan , [or] 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:
(b)(a) ANotice description of the consequencesterm ifof the borrowerloan; 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)Senate AAmendment provisionNo. 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)317 If the distributed generation system will be connected to theSenate powerBill grid,No. the distributed generation system receives power grid.from the appropriate public utility to connect to the (2) If the distributed generation system will not be connected to the power grid, the distributed generation system passes a final inspection and becomes operational.
379 Page 7 (b) A provision that provides that the borrower is not required to pay any money to the distributed generation system financier under the agreement until:
(1) 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.
(2) If the distributed generation system will not be connected to the power grid, the distributed generation system [receives] passes a final inspection [.] and becomes operational.
(1) For a borrower who is lessunder than 60 years of age, 3 business days after the agreement is signed.
- 83rd Session (2025) – 6 – (2) For a borrower who is 60 years of age or older, 10 business days after the agreement is signed.
(d) The granting to the borrower of the right to rescind the agreement pursuant to section 23.28 of this act.
the(e) event[A ofprovision aindicating salethat orthe transferprovisions of the propertyagreement toare whichbinding therowerand ininure distributed generation system is affixed, including, without limitation, whether the borrower may transfer the agreement to the purchaserbenefit or transferee of the property,successors the conditions of any such transfer and theassigns process to complete a payoff of the amountparties owedto under the agreement.
(f)] A [provision allowing the] 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, [to] 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.
23.15.8.
A borrower who is entitled to rescind an agreement for the purchase of a distributed generation system pursuant to section [23] 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, tenththe 10th business day after the date the agreement was entered into or signed.
(c) ForThird a rescission pursuant to section 23.2 of this act, third business day after the receipt of the results of [a] an on-site physical survey described in section [23] 23.2 of this act.
the2. 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.
23.16.10.
A distributed generation system financier shall provide to a borrower,borrower lessee or hostlessee customer a copy of an agreement for the provision of a distributed generation system loan,loan anor agreement for the lease of a distributed generation systemsystem, or a power purchase agreement, as applicable, immediately after it is signed by the borrower,borrower lessee or hostlessee. customer.
23.17.11.
If a distributed generation system will be installed on the roof of a manufactured home, the distributed generation system financier must not execute Senate Amendment No.
317 to Senate Bill No.
379 Page 8 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:
IfVerified athat distributed generation system will be installed on the roofsolar ofinstallation acompany manufacturedthat home,will theinstall distributed generation system financier must not execute an agreement for the provision of a distributed generation systemsystem, loan,in anaddition -to 83rdbeing Sessionproperly (2025)licensed –pursuant 7to –chapter agreement624 for the lease of aNRS, distributedholds generation system or a powerlicense purchaseissued agreementpursuant unlessto theNRS distributed489.311; generation system financier has:
(a)and Verified2. 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.
23.18.12.
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 loan,loan anor 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 loan,loan theor agreement for the lease of the distributed generation system or the power purchase agreement is voidable by the borrower,borrower lessee or hostlessee 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 permissionthepermission 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 [receives] passes a final inspection [.] and becomes operational.
A distributed generation system financier shallwho, notpursuant provideto anyan moneyagreement for the installationprovision of a distributed generation system pursuantloan toor an agreement for the provisionlease of a distributed generation systemsystem, loan,provides anany agreementmoney for the leaseinstallation 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 license.license commits a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
23.19.13.
A distributed generation system financier shall, in person or by telephone or videoconference,videoconference: verbally:
- 83rd Session (2025) – 8 – (a) Confirm the identity of a borrower under an agreement for the provision of a distributed generation system loanloan; 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) ForConfirm athat lessee,the communicateborrower tounderstands the lessee the information requiredcommunicated to be included in a cover page pursuant to NRSparagraph 598.9809;(b).
and (d) Confirm that the borrower or lessee understands the information communicated pursuant to paragraphs (b) and (c).
and (b) Conducted [at the time of the execution of the agreement.] before the commencement of the installation of the distributed generation system.
23.2.14.
BeforeA or after an agreement for the lease or purchase of a distributed generation system orfinancier ashall powernot purchasepay agreementto hasa been executed, the solar installation company shallpursuant performto an on-siteagreement physicalfor surveythe provision of thea premisesdistributed atgeneration whichsystem theloan resultsor of the physicallease surveyof toa thedistributed lessee,generation purchasersystem orSenate hostAmendment customer.No.
317 to Senate Bill No.
379 Page 9 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 [receives ] passes a final inspection [.] and becomes operational.
ExceptIf asa otherwisedistributed providedgeneration insystem subsectionfinancier 3,violates if the resultsprovisions of the physical survey performed pursuant to subsection 11, after an agreement for the lease or purchase of a distributed generation system orfinancier powerbecomes purchaseresponsible agreementfor hasensuring beenthat executedthe revealdistributed anygeneration conditionsystem thatreceives would[, necessitateas theapplicable,] alterationpermission offrom the provisionsappropriate ofpublic theutility agreement to increaseconnect the price of the distributed generation system orto change the typepower ofgrid equipment used for the distributed generation system, the lessee, purchaser or hostpasses customera may,final withininspection 3[,] businessand daysbecomes afteroperational, theas receiptapplicable. 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.
23.21.15.
1.A 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 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.
23.22.16.
AThe distributedassignee generationof systeman financieragreement shallfor notthe causeprovision of a distributed generation system toloan be disconnected or otherwisethe preventlease of a borrower, lessee or host customer from using the distributed generation system becauseis thesubject borrower, lessee or host customer failed to makeall aclaims paymentand asdefenses requiredof underthe anborrower agreementor forlessee against the provision of a distributed generation system loan,financier anwho agreementprovided for the leaseloan ofor aentered distributedinto generationthe systemlease, orexcept athat powerthe purchaseliability agreementof unless the borrower,assignee lesseepursuant orto hostthis -section 83rdmust Sessionnot (2025)exceed –the 10amount –owed customer,to asthe applicable,assignee hasat failedthe totime makethe threeclaim consecutiveor monthlydefense paymentsis requiredasserted underagainst the agreement.assignee.
23.23.17.
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 Senate Amendment No.
317 to Senate Bill No.
379 Page 10 (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 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 lessor” means a person who leases to another person personal property which is to be used primarily for personal, family or household purposes pursuant to a lease agreement with an option to purchase, as defined in NRS 597.010.
10.] “Covered service member” has the meaning ascribed to it in NRS 604A.038.
10.
[11.] “Dependent” has the meaning ascribed to it in NRS 604A.057.
11.
[12.] “Distributed generation system” has the meaning ascribed to it in NRS 598.9804.
[13.] 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;
[or] (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.
[14.] 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.
[15.] 14.
“Internet business lender” means a person who makes business loans exclusively through the Internet.
[12.
16.] 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.
17.] 16.
“Licensee” means a person to whom one or more licenses have been issued.
[14.
18.] 17.
“Manufactured home” has the meaning ascribed to it in NRS 489.113.
[19.] 18.
“Manufactured home financier” means a person who:
(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.
[20.] 19.
“Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in NRS 604A.083.
Senate Amendment No.
317 to Senate Bill No.
379 Page 11 [15.
21.] 20.
“Personal information” has the meaning ascribed to it in NRS 603A.040.
[16.
22.] 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.
[NRS 675.040 is hereby amended to read as follows:
675.040 This chapter does not apply to:
1.
Except as otherwise provided in this subsection and NRS 675.035, a person doing business under the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, mortgage companies, thrift companies, pawnbrokers or insurance companies [.] , unless the person is a distributed generation system financier, a manufactured home financier or a covered lessor.
2.
A real estate investment trust, as defined in 26 U.S.C.
§ 856.
3.
An employee benefit plan, as defined in 29 U.S.C.
§ 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.
4.
An attorney at law rendering services in the performance of his or her duties as an attorney at law if the loan is secured by real property.
5.
A real estate broker rendering services in the performance of his or her duties as a real estate broker if the loan is secured by real property.
6.
Except as otherwise provided in this subsection, any firm or corporation:
(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;
(b) Approved by the Federal National Mortgage Association as a seller or servicer;
and (c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.
7.
A person who provides money for investment in loans secured by a lien on real property, on his or her own account.
8.
A seller of real property who offers credit secured by a mortgage of the property sold.
9.
A person holding a nonrestricted state gaming license issued pursuant to the provisions of chapter 463 of NRS.
10.
A person licensed to do business pursuant to chapter 604A of NRS with regard to those services regulated pursuant to chapter 604A of NRS.
11.
A person who exclusively extends credit to any person who is not a resident of this State for any business, commercial or agricultural purpose that is located outside of this State.
12.
Except as otherwise required by the Director of the Department of Business and Industry pursuant to NRS 657A.430 or 657A.620, a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to chapter 657A of NRS.
13.
A provider of earned wage access services who is licensed to provide earned wage access services pursuant to chapter 604D of NRS.] (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 [or the business of a covered lessor] in this State without first having obtained a license from the Commissioner pursuant to this chapter for each Senate Amendment No.
317 to Senate Bill No.
379 Page 12 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;
(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 , [or a covered lessor,] 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.
[After] Before or after an agreement for the lease or purchase of a distributed generation system has been executed, the solar installation company shall perform [a] 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 [any 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.
Senate Amendment No.
317 to Senate Bill No.
379 Page 13 Sec.
(a) Accept any compensation for such a lead or referral in amo(b)amount Sellthat anyexceeds such$2,000. 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) 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.
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.
1.A 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 distributedalsdistributed generation system or a power purchase agreement that is not included in the agreement itself.
-(3) 83rdMaking Sessionany (2025)statement –or 12representation –that the person is an employee, representative or agent of this State or a political subdivision of this State.
(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)Senate MakingAmendment anyNo. 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 expressly authorized in writing by the governmental entitybeen administering the program to make such a statement or representation.
317 to Senate Bill No.
379 Page 14 (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 entity administering the program to make such statements or representations.
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 witSec.with 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 [section 23] sections 23.123.2 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, 83rdwithout Sessionlimitation, (2025)a –corporation, 13partnership, –association, trust or unincorporated organization, that holds a license issuedation,issued pursuant to chapter 624 of NRS which authorizes the performance of work concerning a distributed generation system and, directly or indirectly, on its own behalf or on behalf of another:
(b) Advertises, solicits or offers to enter into an agreement [describeddescribed in NRS 598.9801 to 598.9822, inclusive;]inclusive for[;] the, purchaseand or[section lease23] ofsections a23.2 distributedto generation23.8, systeminclusive, orof athis poweract; purchase agreement or (c) Transacts business to:
or (c) Transacts business to:
or (II) Purchases electricity generated by a distributed gen2.generation system.
The2. 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)]Senate (e)Amendment AdvertisingNo. only through print media [.] and not through a mobile application, Internet website, online service, electronic mail or any other form of electronic media.
317 to Senate Bill No.
379 Page 15 [(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, 83rdafter 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 598.98216598.98216. and notice that the lessee may send such a notice to that electronic mail address.
(c)(b) NoticeAn ofelectronic themail requirementaddress to makewhich anda maintainnotice aof recordingrescission or cancellation may be sent pursuant to [NRSNRS 598.98213.]598.98216 sectionand 23.19notice ofthat thisthe act.lessee may send such a notice to that electronic mail address.
(c) Notice of the requirement to make and maintain a recording pursuant to NRS 598.98213.
(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 paymentsvespayments due under the lease.
and -(3) 83rdAny Sessionchange (2025) – 15 – estimated offset, or savings, in relationconsumption toby the production.ctlessee thewill (i)]impact (h) A description of the termsestimated foroffset, renewal or anysavings, otherin optionsrelation availableto at the endproduction. 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.
[(k)]Senate (j)Amendment NoticeNo. of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.
317 to Senate Bill No.
379 Page 16 [(k)] (j) Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.
[(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 2.the contractor’s license of the solar installation company.
The2. 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.
and (b) Estimation of taxes known to be applicable during the term structure.se,of the lease, subject to any change in the state or local tax rate or tax 13.structure.
13.
15.Senate Amendment No.
317 to Senate Bill No.
379 Page 17 15.
lessee,19. 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, [including, without limitation, the option set forth in subsection 20,] 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 provision allowing the lessee, in the event of a sale of the property to which the distributed generation system is affixed, to transfer the agreement to the purchaser of the property.
21.] 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.
[22.] The granting to the lessee of the right to rescind the lease for a period ending not less than :
(a) For a lessee who is lessunder than 60 years of age, 3 business days after the lease is signed.
[23.] An estimate of the amount of electricity that could be generated by the distributed generation system in the first year of operation.
[24.] 23.
The granting to the lessee of the right to rescind the lease pursuant to section [23] 23.2 of this act.
[25.] 24.
make[26.] any25. 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:
(b) If the distributed generation system will not be connected to the power grid, the distributed generation system [receives] passes a final inspection [.] and becomes operational.
[27.] 26.
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 whichSenate theAmendment distributedNo. generation system passes a final inspection and becomes operational:
(a)317 Take any actions necessary to ensureSenate thatBill theNo. distributed generation system will meet that amount of production in the - 83rd Session (2025) – 18 – additional equipment or repair to any existing equipment;
orlation379 ofPage (b)18 Takewhich boththe ofdistributed thegeneration followingsystem actions:[received] 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, including, without limitation, by the installation of additional equipment or repair to any existing equipment;
or (b) Take both of the following actions:
[28.] 27.
(b) Of the effects of the behavior of the lessee with respect to the amount of the offset, including, without limitation, the fact 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;
[23.][23. 28.
29.] 28.
(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 or 10 business days , as NRSapplicable, 598.98216.terafter 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 598.98216598.98216. 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 83rdconcerning Sessionthe (2025)purchase –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 affixedother tothan awhat property may have an impact or effect on the future sale or transferability of the property and that it is recommendedcontained thatin 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.
(b)Senate TheAmendment lengthNo. of the term of the warranty for the distributed generation system.
317 to Senate Bill No.
379 Page 19 (b) The length of the term of the warranty for 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.
the calculation of the 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 rec(k)recover Noticecertain thatfinancial adamages hostfrom customer may file a complaint with the PublicRecovery UtilitiesFund. Commission of Nevada.
(k) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.
-(n) 83rdIf Sessionthe (2025)solar –installation 20company –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 mai(a)mail Theaddress purchaserof: of the distributed generation system;
(a) The purchaser of the distributed generation system;
3.Senate Amendment No.
317 to Senate Bill No.
379 Page 20 3.
generation5. 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 the10.the obligations under the warranty to a subsequent purchaser.
The10. 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.
The granting to the purchaser of the right to rescind the agreement pursuant to section [23] 23.2 of this act.
A[A provision thatindicating provides that the purchaserprovisions isof notthe requiredagreement toare paybinding anyand moneyinure to the solarbenefit 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 aggregatesuccessors contractand price,assigns whicheverof is less, if the purchaserparties has not paid that amount to a distributed generation system financier under an agreement for the provisionagreement. of a distributed generation system loan for the distributed generation system, until:
(a)17.] If the purchaser is financing the purchase of the distributed generation system willor behas connectedprovided financial information to the fromsolar installation company to obtain approval for the appropriatefinancing publicof utilitythe topurchase connectof tothe distributed generation system, the powercash grid.price of the system and the financed price of the system.
(b)[18.] If17. the distributed generation system will not be connected to the power grid, the distributed generation system passes a final inspection and becomes operational.
17.
If the purchaser is financing the purchase of the distributed generation system or has provided financial information to the solar installation company to obtain approval for the financing of the purchase of the distributed generation system, the cash price of the system and the financed price of the system.
18.
Such duties must include, without limitation, the duty to, if the distributed -generation 83rdsystem Sessionhas (2025)not –met 22that –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:
or (b)Senate TakeAmendment bothNo. of the following actions:
317 to Senate Bill No.
379 Page 21 (b) Take both of the following actions:
estimated[19.] production18. 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 fol598.9816follows: 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:
(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) 83rdAn Sessionelectronic (2025)mail –address 23to –which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice thatorthat the host customer may send such a notice to that electronic mail address.
(e) TheA lengthstatement 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 termproperty 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) [TheThe 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)]Senate (e)Amendment TheNo. estimated production of the distributed generation system (1) The host customer will always receive a power bill if the premises of the host customer are connected to the power grid;
317 to Senate Bill No.
379 Page 22 (f) The estimated production of the distributed generation system in the first year of operation and an explanation that:
(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) 83rdA Sessiondescription (2025)of –any 24option –to purchase the distributed generation system before the end of the term of the agreement.ibutedagreement. [(i)] (h) Notice of the existence of the Recovery Fund administered by the State Contractors’ Board pursuant to NRS 624.470.
[(j)] (i) Notice thatof athe personexistence financiallyof damagedthe byRecovery aFund licensedadministered contractorby whothe performsState workContractors’ onBoard apursuant residence may be eligible to recoverNRS certain624.470. financial damages from the Recovery Fund.
[(k)] (j) Notice that a hostperson customerfinancially maydamaged fileby a complaintlicensed withcontractor thewho Publicperforms Utilitieswork Commissionon ofa Nevada.residence may be eligible to recover certain financial damages from the Recovery Fund.
[(l)] (k) ContactNotice informationthat fora thehost Statecustomer Contractors’may Boardfile anda complaint with the Public Utilities Commission of Nevada,Nevada. including, without limitation, a telephone number.
[(m)] (l) NoticeContact thatinformation thefor host customer, before execution of the agreement,State mayContractors’ requestBoard anyand document used in the solicitation,Public offerUtilities orCommission transactionof forNevada, theincluding, powerwithout purchaselimitation, agreementa intelephone anynumber. language.
(m) IfNotice that the solarhost installationcustomer, companybefore paidexecution anyof amountthe foragreement, amay beingrequest providedany todocument theused hostin customer, the amountsolicitation, paidoffer or transaction for the leadpower orpurchase referral.agreement in any language.
(n) If the solar installation company includedpaid any materialamount termfor of a powerlead purchaseor agreementreferral inthat anyresulted writtenin orthe electronicpower marketingpurchase materialsagreement being provided to the host customercustomer, before or contemporaneously with the agreement,amount noticepaid thatfor the materiallead termor usedreferral. 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.
mail2. 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.
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.
8.Senate Amendment No.
317 to Senate Bill No.
379 Page 23 8.
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 description of all options available to the host customer [, including, without limitation, the option set forth in subsection 16,] in connection with the continuation, termination or transfer of the agreement in the event of the:
(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[A grantingprovision toallowing the purchaserhost customer, in the event of a sale of the rightproperty to rescindwhich the agreementdistributed forgeneration asystem periodis endingaffixed, notto lesstransfer thanthe :agreement to the purchaser of the property.
(a)17.] ForThe agranting hostto customerthe whopurchaser isof lessthe thanright 60to yearsrescind ofthe age,agreement for a period ending not less than 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.
[18.] A description of any restrictions that the agreement imposes on the modification or transfer of the property to which the dis18.distributed generation system is affixed.
A18. description of any guarantees of the performance of the distributed generation system.
[19.] A description of any guarantees of the performance of the distributed generation system.
[20.] A disclosure notifying the host customer of the transferability of the obligations under the warranty to a subsequent purchaser.
The[21.] grantingA tosignature theblock hostthat customeris ofsigned theand rightdated toby rescind the agreementpurchaser pursuantand tothe sectionsolar 23.2installation ofcompany. this act.
[22.] A provisionstatement thatdescribing provides that the hostdue customerdates isof not required to pay any moneypayments. 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)[23. 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)A Ifprovision indicating that the distributedprovisions generationof systemthe willagreement notare bebinding connectedand inure to the powerbenefit grid,of the distributedsuccessors generationand systemassigns passesof athe finalparties inspectionto andthe becomesagreement.] operational.Sec.
22.31.
ANRS signature598.98213 block that is signedhereby andamended datedto byread theas purchaserfollows: and the solar installation company.
[21.]598.98213 23.1.
A statement describing the due dates of any payments.
follows:31.
NRS 598.98213 is hereby amended to read as 598.98213 1.
(a) Confirm the identity of a purchaser [oror lessee]lessee under an agreement for the purchase [oror lease]lease of a distributed generation system or a host customer under a power purchase agreement;
(b) Communicate to the purchaserpurchaser, [,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)Senate ConfirmAmendment thatNo. the purchaser [, lessee] or host customer understands the information communicated pursuant to paragraph (b).
317 to Senate Bill No.
379 Page 24 (c) Confirm that the purchaser, 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 unt4.until the recording required pursuant to this section has been made.