[Rev. 2/11/2015 12:29:00
PM--2014R2]
CHAPTER 701B - RENEWABLE ENERGY PROGRAMS
GENERAL PROVISIONS
NRS 701B.003 Definitions.
[Effective through December 31, 2025.]
NRS 701B.005 Minimum
capacity for Solar Program; limitations on incentives paid to renewable energy
programs; performance-based incentives; filing of combined annual plan.
[Effective through December 31, 2025.]
NRS 701B.007 Applications
to participate in renewable energy programs: False or misleading statements
prohibited. [Effective through December 31, 2025.]
SOLAR ENERGY SYSTEMS INCENTIVE PROGRAM
General Provisions
NRS 701B.010 Applicability.
[Effective through December 31, 2025.]
NRS 701B.020 Definitions.
[Effective through December 31, 2025.]
NRS 701B.030 “Applicant”
defined. [Effective through December 31, 2025.]
NRS 701B.040 “Category”
defined. [Effective through December 31, 2025.]
NRS 701B.050 “Commission”
defined. [Effective through December 31, 2025.]
NRS 701B.055 “Distributed
generation system” defined. [Effective through December 31, 2025.]
NRS 701B.060 “Institution
of higher education” defined. [Repealed.]
NRS 701B.070 “Owned,
leased or occupied” defined. [Effective through December 31, 2025.]
NRS 701B.080 “Participant”
defined. [Effective through December 31, 2025.]
NRS 701B.090 “Person”
defined. [Effective through December 31, 2025.]
NRS 701B.100 “Program
year” defined. [Repealed.]
NRS 701B.110 “Public
and other property” defined. [Repealed.]
NRS 701B.120 “Public
entity” defined. [Repealed.]
NRS 701B.130 “School
property” defined. [Repealed.]
NRS 701B.140 “Small
business” defined. [Repealed.]
NRS 701B.150 “Solar
energy system” defined. [Effective through December 31, 2025.]
NRS 701B.160 “Solar
Program” defined. [Effective through December 31, 2025.]
NRS 701B.180 “Utility”
defined. [Effective through December 31, 2025.]
Administration of Program
NRS 701B.190 Legislative
findings and declaration. [Effective through December 31, 2025.]
NRS 701B.200 Regulations:
Establishment of incentives and requirements for utility’s annual plan;
recovery of costs by utility. [Effective through December 31, 2025.]
NRS 701B.210 Regulations:
Establishment of qualifications and requirements for participation; form and
content of utility’s master application; process for accepting and approving
applications; utility’s certification of compliance required; process for
transmittal of application to Commission required. [Effective through December
31, 2025.]
NRS 701B.220 Regulations:
Establishment of incentives for participation; reporting requirements and
decline over time of incentives; Commission authorized to adjust amount of
incentives; continued payment of incentive. [Effective through December 31,
2025.]
NRS 701B.230 Duty
of utility to file annual plan; review and approval of annual plan by
Commission; recovery of costs by utility. [Effective through December 31,
2025.]
NRS 701B.240 Creation
of Solar Program; Commission required to establish categories of participation;
eligibility requirements. [Effective through December 31, 2025.]
NRS 701B.250 Application
to participate; review of application by utility. [Effective through December
31, 2025.]
NRS 701B.255 Procedure
for selection and notification of participants; authorization to install and
energize solar energy system; submission of incentive claim form; determination
of amount and type of incentive; withdrawal of participant; forfeiture of
incentive. [Effective through December 31, 2025.]
NRS 701B.260 Capacity
allocated to each category; reallocation of capacity; limitations on
incentives. [Repealed.]
NRS 701B.265 Installation
of solar energy system deemed public work under certain circumstances.
[Effective through December 31, 2025.]
NRS 701B.280 Participation
in net metering. [Effective through December 31, 2025.]
NRS 701B.290 Issuance
of portfolio energy credits. [Effective through December 31, 2025.]
SOLAR THERMAL SYSTEMS DEMONSTRATION PROGRAM
General Provisions
NRS 701B.300 Definitions.
NRS 701B.303 “Category”
defined.
NRS 701B.306 “Commission”
defined.
NRS 701B.309 “Demonstration
Program” defined.
NRS 701B.312 “Institution
of higher education” defined.
NRS 701B.315 “Participant”
defined.
NRS 701B.318 “Person”
defined.
NRS 701B.321 “Public
and other property” defined.
NRS 701B.324 “School
property” defined.
NRS 701B.327 “Small
business” defined.
NRS 701B.330 “Solar
thermal system” defined.
NRS 701B.333 “Utility”
defined.
Administration of Program
NRS 701B.336 Establishment
of Demonstration Program; categories of participation; eligibility
requirements; notification of participants; regulations.
NRS 701B.339 Recovery
of costs by utility.
NRS 701B.342 Regulations:
Establishment of program milestones and rebate program for participants.
NRS 701B.345 Withdrawal
of participant for noncompliance; forfeiture of rebates.
RENEWABLE ENERGY SCHOOL PILOT PROGRAM
NRS 701B.350 Creation;
regulations; conditions and limitations; reports.
WIND ENERGY SYSTEMS DEMONSTRATION PROGRAM
General Provisions
NRS 701B.400 Short
title. [Effective through December 31, 2025.]
NRS 701B.410 Definitions.
[Effective through December 31, 2025.]
NRS 701B.420 “Agricultural
property” defined. [Effective through December 31, 2025.]
NRS 701B.430 “Applicant”
defined. [Effective through December 31, 2025.]
NRS 701B.440 “Category”
defined. [Effective through December 31, 2025.]
NRS 701B.450 “Commission”
defined. [Effective through December 31, 2025.]
NRS 701B.460 “Institution
of higher education” defined. [Effective through December 31, 2025.]
NRS 701B.470 “Participant”
defined. [Effective through December 31, 2025.]
NRS 701B.480 “Person”
defined. [Effective through December 31, 2025.]
NRS 701B.490 “Program
year” defined. [Repealed.]
NRS 701B.500 “Public
property” defined. [Effective through December 31, 2025.]
NRS 701B.510 “School
property” defined. [Effective through December 31, 2025.]
NRS 701B.520 “Small
business” defined. [Effective through December 31, 2025.]
NRS 701B.540 “Utility”
defined. [Effective through December 31, 2025.]
NRS 701B.550 “Wind
Demonstration Program” or “Program” defined. [Effective through December 31,
2025.]
NRS 701B.560 “Wind
energy system” defined. [Effective through December 31, 2025.]
Administration of Program
NRS 701B.580 Creation
of Program; Commission required to establish categories of participation;
eligibility requirements. [Effective through December 31, 2025.]
NRS 701B.590 Regulations:
Establishment of capacity goals and incentives; continued payment of
incentives. [Effective through December 31, 2025.]
NRS 701B.600 Duty
of utility to administer Program according to annual plan; recovery of costs by
utility. [Effective through December 31, 2025.]
NRS 701B.610 Duty
of utility to file annual plan; review and approval of annual plan by
Commission. [Effective through December 31, 2025.]
NRS 701B.615 Procedure
for selection and notification of participants; authorization to install and
energize wind energy system; submission of incentive claim form; determination
of amount of incentive; withdrawal of participant; forfeiture of incentive.
[Effective through December 31, 2025.]
NRS 701B.625 Installation
of wind energy system deemed public work under certain circumstances.
[Effective through December 31, 2025.]
NRS 701B.640 Issuance
of portfolio energy credits. [Effective through December 31, 2025.]
NRS 701B.650 Participation
in net metering. [Effective through December 31, 2025.]
WATERPOWER ENERGY SYSTEMS DEMONSTRATION PROGRAM
General Provisions
NRS 701B.700 Short
title. [Effective through December 31, 2025.]
NRS 701B.710 Definitions.
[Effective through December 31, 2025.]
NRS 701B.720 “Applicant”
defined. [Effective through December 31, 2025.]
NRS 701B.730 “Commission”
defined. [Effective through December 31, 2025.]
NRS 701B.740 “Participant”
defined. [Effective through December 31, 2025.]
NRS 701B.750 “Person”
defined. [Effective through December 31, 2025.]
NRS 701B.760 “Program
year” defined. [Repealed.]
NRS 701B.780 “Utility”
defined. [Effective through December 31, 2025.]
NRS 701B.790 “Waterpower”
defined. [Effective through December 31, 2025.]
NRS 701B.800 “Waterpower
energy system” defined. [Effective through December 31, 2025.]
NRS 701B.810 “Waterpower
Demonstration Program” or “Program” defined. [Effective through December 31,
2025.]
Administration of Program
NRS 701B.820 Creation
of Program; categories of participation; eligibility requirements; regulations
establishing qualifications of applicant. [Effective through December 31,
2025.]
NRS 701B.830 Duty
of utility to administer Program. [Effective through December 31, 2025.]
NRS 701B.840 Regulations:
Establishment of capacity goals and incentives. [Effective through December 31,
2025.]
NRS 701B.850 Duty
of utility to file annual plan; review and approval of annual plan by
Commission. [Effective through December 31, 2025.]
NRS 701B.860 Recovery
of costs by utility. [Effective through December 31, 2025.]
NRS 701B.865 Procedure
for selection and notification of participants; authorization to construct
waterpower energy system; submission of incentive claim form and supporting
information; determination of amount of incentive; withdrawal of participant;
forfeiture of incentive; certification of compliance; regulations. [Effective
through December 31, 2025.]
NRS 701B.870 Issuance
of portfolio energy credits. [Effective through December 31, 2025.]
NRS 701B.880 Participation
in net metering. [Effective through December 31, 2025.]
GREEN JOBS INITIATIVE
General Provisions
NRS 701B.900 Short
title.
NRS 701B.903 Definitions.
NRS 701B.906 “Department”
defined.
NRS 701B.909 “Division”
defined.
NRS 701B.912 “Renewable
energy” defined.
NRS 701B.915 “Retrofitting”
defined.
NRS 701B.918 “Weatherization”
defined.
Administration of Initiative
NRS 701B.921 Establishment
of contractual relationships with nonprofit collaboratives; requirements
relating to job training, career development and apprenticeship programs;
requests for proposals and contracts; funding; reports to Interim Finance
Committee.
NRS 701B.924 Determination
of projects for weatherization and retrofitting; criteria for prioritizing and
selecting projects; requests for proposals and contracts; reports to Interim
Finance Committee. [Effective through December 31, 2025.]
NRS 701B.924 Determination
of projects for weatherization and retrofitting; criteria for prioritizing and
selecting projects; requests for proposals and contracts; reports to Interim
Finance Committee. [Effective January 1, 2026.]
_________
GENERAL PROVISIONS
NRS 701B.003 Definitions. [Effective through December 31, 2025.]
1. As used in this chapter, unless the
context otherwise requires, “installed cost” means the actual, documented cost
of tangible materials and labor for the installation of a solar energy system,
distributed generation system, wind energy system or waterpower energy system.
2. As used in this section:
(a) “Distributed generation system” has the
meaning ascribed to it in NRS 701B.055.
(b) “Solar energy system” has the meaning ascribed
to it in NRS 701B.150.
(c) “Waterpower energy system” has the meaning
ascribed to it in NRS 701B.800.
(d) “Wind energy system” has the meaning ascribed
to it in NRS 701B.560.
(Added to NRS by 2013, 3331)
NRS 701B.005 Minimum capacity for Solar Program; limitations on incentives
paid to renewable energy programs; performance-based incentives; filing of
combined annual plan. [Effective through December 31, 2025.]
1. For the purposes of carrying out the
Solar Energy Systems Incentive Program created by NRS
701B.240, and subject to the limitations prescribed by subsection 2, the
Public Utilities Commission of Nevada shall set incentive levels and schedules,
with a goal of approving solar energy systems totaling at least 250,000
kilowatts of capacity in this State for the period beginning on July 1, 2010,
and ending on December 31, 2021.
2. The Commission shall not authorize the
payment of an incentive pursuant to:
(a) The Solar Energy Systems Incentive Program if
the payment of the incentive would cause the total amount of incentives paid by
all utilities in this State for the installation of solar energy systems and
solar distributed generation systems to exceed $255,270,000 for the period
beginning on July 1, 2010, and ending on December 31, 2025.
(b) The Wind Energy Systems Demonstration Program
created by NRS 701B.580 and the Waterpower Energy
Systems Demonstration Program created by NRS 701B.820
if the payment of the incentive would cause the total amount of incentives paid
by all utilities in this State for the installation of wind energy systems and
waterpower energy systems to exceed $40,000,000 for the period beginning on
July 1, 2009, and ending on December 31, 2025. The Commission shall by
regulation determine the allocation of incentives for each Program.
3. The Commission may, subject to the
limitations prescribed by subsection 2, authorize the payment of
performance-based incentives for the period ending on December 31, 2025.
4. A utility may file with the Commission
one combined annual plan which meets the requirements set forth in NRS 701B.230, 701B.610
and 701B.850. The Commission shall review and
approve any plan submitted pursuant to this subsection in accordance with the
requirements of NRS 701B.230, 701B.610 and 701B.850,
as applicable.
5. As used in this section:
(a) “Distributed generation system” has the
meaning ascribed to it in NRS 701B.055.
(b) “Utility” means a public utility that
supplies electricity in this State.
(Added to NRS by 2013, 3331)
NRS 701B.007 Applications to participate in renewable energy programs: False
or misleading statements prohibited. [Effective through December 31, 2025.] A person who submits an application to a
utility pursuant to this chapter shall not make any false or misleading
statement in the application or in any material which is required to be
submitted with the application. As used in this section, “utility” means a
public utility that supplies electricity or natural gas in this State.
(Added to NRS by 2013, 3332)
SOLAR ENERGY SYSTEMS INCENTIVE PROGRAM
General Provisions
NRS 701B.010 Applicability. [Effective through December 31, 2025.] The provisions of NRS
701B.010 to 701B.290, inclusive, apply to the
Solar Energy Systems Incentive Program.
(Added to NRS by 2007, 2968; R 2011, 2563;
R 2013,
3347, effective January 1, 2026)
NRS 701B.020 Definitions. [Effective through December 31, 2025.] As used in NRS
701B.010 to 701B.290, inclusive, unless the
context otherwise requires, the words and terms defined in NRS 701B.030 to 701B.180,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 2968; A 2009, 1382;
R 2011,
2563; R 2013,
3347, effective January 1, 2026)
NRS 701B.030 “Applicant” defined. [Effective through December 31, 2025.] “Applicant” means a person who is applying to
participate in the Solar Program.
(Added to NRS by 2007, 2968; R 2011, 2563;
R 2013,
3347, effective January 1, 2026)
NRS 701B.040 “Category” defined. [Effective through December 31, 2025.] “Category” means one of the categories of
participation in the Solar Program as set forth in regulations adopted by the
Commission.
(Added to NRS by 2007, 2968; R 2011, 2563;
A 2013,
3332; R 2013,
3347, effective January 1, 2026)
NRS 701B.050 “Commission” defined. [Effective through December 31, 2025.] “Commission” means the Public Utilities
Commission of Nevada.
(Added to NRS by 2007, 2968; R 2011, 2563;
R 2013,
3347, effective January 1, 2026)
NRS 701B.055 “Distributed generation system” defined. [Effective through
December 31, 2025.] “Distributed
generation system” means a system or facility for the generation of
electricity:
1. That uses solar energy to generate
electricity;
2. That is located on the property of a
customer of an electric utility;
3. That is connected on the customer’s
side of the electricity meter;
4. That provides electricity primarily to
offset customer load on that property; and
5. The excess generation from which is
periodically exported to the grid in accordance with the provisions governing
net metering systems used by customer-generators pursuant to NRS 704.766 to 704.775, inclusive.
(Added to NRS by 2009, 1379;
R 2011,
2563; R 2013,
3347, effective January 1, 2026)
NRS 701B.060 “Institution of higher education” defined. Repealed. (See chapter 510, Statutes of Nevada
2013, at page 3347.)
NRS 701B.070 “Owned, leased or occupied” defined. [Effective through December
31, 2025.] “Owned, leased or
occupied” includes, without limitation, any real property, building or
facilities which are owned, leased or occupied under a deed, lease, contract,
license, permit, grant, patent or any other type of legal authorization.
(Added to NRS by 2007, 2968; R 2011, 2563;
R 2013,
3347, effective January 1, 2026)
NRS 701B.080 “Participant” defined. [Effective through December 31, 2025.] “Participant” means a person who has been
selected by a utility to participate in the Solar Program.
(Added to NRS by 2007, 2968; A 2009, 1382;
R 2011,
2563; R 2013,
3347, effective January 1, 2026)
NRS 701B.090 “Person” defined. [Effective through December 31, 2025.] “Person” includes, without limitation, a
public entity.
(Added to NRS by 2007, 2968; R 2011, 2563;
R 2013,
3347, effective January 1, 2026)
NRS 701B.100 “Program year” defined. Repealed.
(See chapter 510, Statutes of Nevada 2013, at page 3347.)
NRS 701B.110 “Public and other property” defined. Repealed.
(See chapter 510, Statutes of Nevada 2013, at page 3347.)
NRS 701B.120 “Public entity” defined. Repealed.
(See chapter 510, Statutes of Nevada 2013, at page 3347.)
NRS 701B.130 “School property” defined. Repealed.
(See chapter 510, Statutes of Nevada 2013, at page 3347.)
NRS 701B.140 “Small business” defined. Repealed.
(See chapter 510, Statutes of Nevada 2013, at page 3347.)
NRS 701B.150 “Solar energy system” defined. [Effective through December 31,
2025.] “Solar energy system” means
a facility or energy system that uses photovoltaic cells and solar energy to
generate electricity.
(Added to NRS by 2007, 2969; R 2011, 2563;
R 2013,
3347, effective January 1, 2026)
NRS 701B.160 “Solar Program” defined. [Effective through December 31, 2025.] “Solar Program” means the Solar Energy Systems
Incentive Program created by NRS 701B.240.
(Added to NRS by 2007, 2969; R 2011, 2563;
R 2013,
3347, effective January 1, 2026)
NRS 701B.180 “Utility” defined. [Effective through December 31, 2025.] “Utility” means a public utility that supplies
electricity in this State.
(Added to NRS by 2007, 2969; R 2011, 2563;
R 2013,
3347, effective January 1, 2026)
Administration of Program
NRS 701B.190 Legislative findings and declaration. [Effective through
December 31, 2025.] The Legislature
hereby finds and declares that it is the policy of this State to:
1. Expand and accelerate the development
of solar distributed generation systems in this State; and
2. Establish a sustainable and
self-sufficient solar renewable energy industry in this State in which solar
energy systems are a viable mainstream alternative for homes, businesses and
other public entities.
(Added to NRS by 2013, 3331)
NRS 701B.200 Regulations: Establishment of incentives and requirements for
utility’s annual plan; recovery of costs by utility. [Effective through
December 31, 2025.] The Commission
shall adopt regulations necessary to carry out the provisions of NRS 701B.010 to 701B.290,
inclusive, including, without limitation, regulations that:
1. Establish the type of incentives
available to participants in the Solar Program and the level or amount of those
incentives. The incentives must be market-based incentives that:
(a) Do not exceed 50 percent of the installed
cost of a solar energy system or distributed generation system, as determined
by using the average installed cost of the solar energy systems or distributed
generation systems, as applicable, installed in the immediately preceding year;
(b) Are designed to maximize the number of
customer categories participating in the Solar Program based on demographics
and location, including, without limitation, categories for public entities, customers
of lower socioeconomic status, nonprofit organizations and commercial,
industrial and residential customers; and
(c) Provide for a sustainable Solar Program that
maintains sufficient customer participation and that provides for the measured
award of incentives to as many participants as possible on or before December
31, 2021.
2. Establish the requirements for a
utility’s annual plan for carrying out and administering the Solar Program. A
utility’s annual plan must include, without limitation:
(a) A detailed plan for advertising the Solar
Program;
(b) A detailed budget and schedule for carrying
out and administering the Solar Program;
(c) A detailed account of administrative
processes and forms that will be used to carry out and administer the Solar
Program, including, without limitation, a description of the application
process and copies of all applications and any other forms that are necessary
to apply for and participate in the Solar Program;
(d) A detailed account of the procedures that
will be used for inspection and verification of a participant’s solar energy
system and compliance with the Solar Program;
(e) A detailed account of training and
educational activities that will be used to carry out and administer the Solar
Program;
(f) Any other information that the Commission
requires from the utility as part of the administration of the Solar Program;
and
(g) Any other information required by the
Commission.
3. Authorize a utility to recover the
reasonable costs incurred in carrying out and administering the installation of
distributed generation systems.
(Added to NRS by 2007, 2969; A 2009, 1383;
R 2011,
2563; A 2013,
3332; R 2013,
3347, effective January 1, 2026)
NRS 701B.210 Regulations: Establishment of qualifications and requirements
for participation; form and content of utility’s master application; process
for accepting and approving applications; utility’s certification of compliance
required; process for transmittal of application to Commission required.
[Effective through December 31, 2025.] The
Commission shall adopt regulations that establish:
1. The qualifications and requirements an
applicant must meet to be eligible to participate in the Solar Program.
2. The form and content of the master
application.
3. The process for accepting and approving
applications, which must provide that applications are approved based on the
order in which complete applications are submitted and not on a lottery process.
4. A requirement that an authorized
representative of any public entity participating in the Solar Program,
including participation through a third-party ownership structure, provide the
identifying number described in NRS 338.013
for such project and certify in the application and upon final completion of
the solar energy system or distributed generation system that the public entity
has complied with all applicable requirements of this chapter and chapter 338 of NRS.
5. A process pursuant to which the utility
must transmit to the Commission for inclusion in the public records of the
Commission a copy of any application by a public entity or any related material
requested by the Commission which includes any redacted personal identifying
information of a customer.
(Added to NRS by 2007, 2969; A 2009, 1383;
R 2011,
2563; A 2013,
3333; R 2013,
3347, effective January 1, 2026)
NRS 701B.220 Regulations: Establishment of incentives for participation;
reporting requirements and decline over time of incentives; Commission
authorized to adjust amount of incentives; continued payment of incentive.
[Effective through December 31, 2025.]
1. In adopting regulations for the Solar
Program, the Commission shall adopt regulations establishing the incentives for
participation in the Solar Program, shall consider whether such regulations
ensure, to the extent practicable, the cost-effective use of such incentives
and predictability for participants, rate payers and utilities and shall
maximize to the extent practicable the number of customer categories
participating in the Solar Program based on demographics and location,
including, without limitation, categories for public entities, customers of
lower socioeconomic status, nonprofit organizations and commercial, industrial
and residential customers. The regulations must:
(a) For a solar energy system that has a
generating capacity of not more than 25 kilowatts, provide for an incentive
that must be paid in one installment to a participant for a solar energy system
upon proof that the participant has installed and energized the solar energy
system;
(b) For a solar energy system that has a
generating capacity of more than 25 kilowatts, provide for an incentive that
must be paid to a participant over time and be based on the performance of the
solar energy system and the amount of electricity generated by the solar energy
system;
(c) For a solar energy system that has a
generating capacity of more than 25 kilowatts, provide for a contract to be
entered into between a participant and a utility, which must include, without
limitation, provisions specifying:
(1) The amount of the incentive the
participant will receive from the utility;
(2) The period in which the participant
will receive an incentive from the utility, which must not exceed 5 years;
(3) That the payments of an incentive to
the participant must be made not more frequently than quarterly; and
(4) That a utility must not be required to
issue any new incentive on or after January 1, 2021, or make an incentive
payment after December 31, 2025;
(d) Establish reporting requirements for each
utility that participates in the Solar Program, which must include, without
limitation, periodic reports of the average installed cost of the systems, the
cost to the utility of carrying out the Solar Program, the effect of the Solar
Program on the rates paid by customers of the utility and the annual
statistical data related to the amount of incentives granted and the number of
participants;
(e) Provide for a decline over time in the amount
of the incentives for participation in the Solar Program as the installed costs
of solar energy systems decrease and as variables, including, without
limitation, system size, installation costs, market conditions and access to
federal, state and other financial incentives, may require;
(f) Provide that the rate at which incentives
decline over time will be published by the Commission, including publication on
the Internet website maintained by the Commission, annually or on such other
schedule as necessary to reflect changes in the market; and
(g) Provide that incentives must be made
available only to solar energy systems with a nameplate capacity of not more
than 500 kilowatts.
2. The Commission shall review the
incentives for participation in the Solar Program and may adjust the amount of
the incentives not more frequently than annually, as determined necessary by
the Commission to reflect changes in the market for solar energy systems and
demand for incentives.
3. A contract that is executed between a
utility and a participant on or before December 31, 2021, providing for the
payment to the participant of an incentive pursuant to paragraph (b) of
subsection 1 may provide for the continued payment of such an incentive after
December 31, 2021, in accordance with regulations adopted by the Commission.
(Added to NRS by 2007, 2972; R 2011, 2563;
A 2013,
3333; R 2013,
3347, effective January 1, 2026)
NRS 701B.230 Duty of utility to file annual plan; review and approval of
annual plan by Commission; recovery of costs by utility. [Effective through
December 31, 2025.]
1. Each year on or before the date
established by the Commission, a utility shall file with the Commission its
annual plan for carrying out and administering the Solar Program within its
service area.
2. The Commission shall:
(a) Review each annual plan filed by a utility
for compliance with the requirements established by regulation of the
Commission; and
(b) Approve each annual plan with such
modifications and upon such terms and conditions as the Commission finds
necessary or appropriate to facilitate the Solar Program.
3. A utility shall carry out and
administer the Solar Program within its service area in accordance with the
utility’s annual plan as approved by the Commission.
4. A utility may recover its reasonable
and prudent costs, including, without limitation, customer incentives, that are
associated with carrying out and administering the Solar Program within its
service area by seeking recovery of those costs in an appropriate proceeding
before the Commission pursuant to NRS
704.110.
(Added to NRS by 2007, 2969; R 2011, 2563;
A 2013,
3334; R 2013,
3347, effective January 1, 2026)
NRS 701B.240 Creation of Solar Program; Commission required to establish
categories of participation; eligibility requirements. [Effective through
December 31, 2025.]
1. The Solar Energy Systems Incentive
Program is hereby created.
2. The Commission:
(a) Shall establish categories for participation
in the Solar Program with the goal of maximizing to the extent practicable the
number of customer categories participating in the Solar Program based on
demographics and location.
(b) May establish the criteria and capacity for
each category.
3. For the purpose of establishing
categories pursuant to subsection 2, the Commission may additionally establish
subcategories which may include, without limitation, schools, public property,
low-income customers and nonprofit organizations, and may establish the
criteria and capacity for each subcategory.
4. To be eligible to participate in the
Solar Program, a person must:
(a) Meet the qualifications established by the
Commission pursuant to NRS 701B.210;
(b) Submit an application to a utility and be
selected by the utility for inclusion in the Solar Program pursuant to NRS 701B.250 and 701B.255;
and
(c) When installing the solar energy system, use
an installer who has been issued a classification C-2 license with the
appropriate subclassification by the State Contractors’ Board pursuant to the
regulations adopted by the Board.
(Added to NRS by 2007, 2970; A 2009, 1383;
R 2011,
2563; A 2013,
3335; R 2013,
3347, effective January 1, 2026)
NRS 701B.250 Application to participate; review of application by utility.
[Effective through December 31, 2025.]
1. If an applicant desires to participate
in the Solar Program, the applicant must submit an application to a utility.
2. A utility shall review each application
submitted pursuant to subsection 1 to ensure that the applicant meets the
qualifications and requirements to be eligible to participate in the Solar
Program.
(Added to NRS by 2007, 2970; A 2009, 1384;
R 2011,
2563; R 2013,
3347, effective January 1, 2026)
NRS 701B.255 Procedure for selection and notification of participants;
authorization to install and energize solar energy system; submission of
incentive claim form; determination of amount and type of incentive; withdrawal
of participant; forfeiture of incentive. [Effective through December 31, 2025.]
1. After reviewing an application
submitted pursuant to NRS 701B.250 and ensuring
that the applicant meets the qualifications and requirements to be eligible to
participate in the Solar Program, a utility shall select the applicant for
participation in the Solar Program, subject to the limitations prescribed by NRS 701B.005.
2. Not later than 30 days after the date
on which the utility selects an applicant, the utility shall provide written
notice of the selection to the applicant.
3. After the utility selects an applicant
to participate in the Solar Program, the utility shall approve the solar energy
system proposed by the applicant. Upon the utility’s approval of the solar
energy system:
(a) The utility shall provide to the applicant
notice of the approval and the amount of incentive for which the solar energy
system is eligible; and
(b) The applicant may install and energize the
solar energy system.
4. Upon the completion of the installation
and energizing of the solar energy system, the participant must submit to the
utility an incentive claim form and any supporting information, including,
without limitation, a verification of the installed cost of the project and a
calculation of the expected system output.
5. Upon receipt of the completed incentive
claim form and verification that the solar energy system is properly connected,
the utility shall issue an incentive payment to the participant.
6. The amount and type of the incentive
for which an applicant is eligible must be determined on the date on which the
applicant is selected for participation in the Solar Program, except that an
applicant forfeits eligibility for that amount of incentive if the applicant
withdraws from participation in the Solar Program or does not complete the
installation of the solar energy system within 12 months after the date on
which the applicant is selected for participation in the Solar Program.
(Added to NRS by 2009, 1380;
R 2011,
2563; A 2013,
3335; R 2013,
3347, effective January 1, 2026)
NRS 701B.260 Capacity allocated to each category; reallocation of capacity;
limitations on incentives. Repealed.
(See chapter 510, Statutes of Nevada 2013, at page 3347.)
NRS 701B.265 Installation of solar energy system deemed public work under
certain circumstances. [Effective through December 31, 2025.]
1. The installation of a solar energy
system on property owned or occupied by a public body pursuant to NRS 701B.010 to 701B.290,
inclusive, shall be deemed to be a public work for the purposes of chapters 338 and 341
of NRS, regardless of whether the installation of the solar energy system is
financed in whole or in part by public money.
2. The amount of any incentive issued by a
utility relating to the installation of a solar energy system on property owned
or occupied by a public body may not be used to reduce the cost of the project
to an amount which would exempt the project from the requirements of NRS 338.020 to 338.090, inclusive.
3. As used in this section, “public body”
means the State or a county, city, town, school district or any public agency
of this State or its political subdivisions.
(Added to NRS by 2009, 1380;
R 2011,
2563; R 2013,
3347, effective January 1, 2026)
NRS 701B.280 Participation in net metering. [Effective through December 31,
2025.] To be eligible for an
incentive through the Solar Program, a solar energy system must meet the requirements
for participation in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.
(Added to NRS by 2007, 2972; R 2011, 2563;
A 2013,
3336; R 2013,
3347, effective January 1, 2026)
NRS 701B.290 Issuance of portfolio energy credits. [Effective through
December 31, 2025.]
1. After a participant installs a solar
energy system included in the Solar Program, the Commission shall issue
portfolio energy credits for use within the system of portfolio energy credits
adopted by the Commission pursuant to NRS
704.7821 and 704.78213.
2. The Commission shall designate the
portfolio energy credits issued pursuant to this section as portfolio energy
credits generated, acquired or saved from solar renewable energy systems for
the purposes of the portfolio standard.
3. All portfolio energy credits issued for
a solar energy system installed pursuant to the Solar Program must be assigned
to and become the property of the utility administering the Program.
(Added to NRS by 2007, 2972; A 2009, 991;
R 2011,
2563; R 2013,
3347, effective January 1, 2026)
SOLAR THERMAL SYSTEMS DEMONSTRATION PROGRAM
General Provisions
NRS 701B.300 Definitions. As
used in NRS 701B.300 to 701B.345,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 701B.303 to 701B.333,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 2263)
NRS 701B.303 “Category” defined. “Category”
means one of the categories of participants in the Demonstration Program as set
forth in NRS 701B.336.
(Added to NRS by 2009, 2263)
NRS 701B.306 “Commission” defined. “Commission”
means the Public Utilities Commission of Nevada.
(Added to NRS by 2009, 2263)
NRS 701B.309 “Demonstration Program” defined. “Demonstration
Program” means the Solar Thermal Systems Demonstration Program established by
the Commission pursuant to NRS 701B.336.
(Added to NRS by 2009, 2263)
NRS 701B.312 “Institution of higher education” defined. “Institution of higher education” means:
1. A university, college or community
college which is privately owned or which is part of the Nevada System of
Higher Education; or
2. A postsecondary educational
institution, as defined in NRS 394.099,
or any other institution of higher education.
(Added to NRS by 2009, 2263)
NRS 701B.315 “Participant” defined. “Participant”
means a person who has been approved by a utility pursuant to NRS 701B.336 to participate in the Demonstration
Program.
(Added to NRS by 2009, 2263)
NRS 701B.318 “Person” defined. “Person”
includes a government, governmental agency or political subdivision of a
government.
(Added to NRS by 2009, 2263)
NRS 701B.321 “Public and other property” defined.
1. “Public and other property” means any
real property, building or facility which is owned, leased or occupied by:
(a) A public entity;
(b) A nonprofit organization that is recognized
as exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue
Code, 26 U.S.C. § 501(c)(3), as amended; or
(c) A corporation for public benefit as defined
in NRS 82.021.
2. The term includes, without limitation,
any real property, building or facility which is owned, leased or occupied by:
(a) A church; or
(b) A benevolent, fraternal or charitable lodge,
society or organization.
3. The term does not include school
property.
(Added to NRS by 2009, 2263)
NRS 701B.324 “School property” defined. “School
property” means any real property, building or facility which is owned, leased
or occupied by:
1. A public school as defined in NRS 385.007;
2. A private school as defined in NRS 394.103; or
3. An institution of higher education.
(Added to NRS by 2009, 2263)
NRS 701B.327 “Small business” defined. “Small
business” means a business conducted for profit which employs 500 or fewer
full-time or part-time employees.
(Added to NRS by 2009, 2263)
NRS 701B.330 “Solar thermal system” defined. “Solar
thermal system” means a system of related components that uses solar energy to
heat water or air and is designed to work as an integral package such that the
system is not complete without one of its related components.
(Added to NRS by 2009, 2263)
NRS 701B.333 “Utility” defined. “Utility”
means a public utility that supplies natural gas in this State.
(Added to NRS by 2009, 2264)
Administration of Program
NRS 701B.336 Establishment of Demonstration Program; categories of
participation; eligibility requirements; notification of participants;
regulations.
1. The Commission shall establish the
Solar Thermal Systems Demonstration Program to carry out the intent of the
Legislature to promote the installation of at least 3,000 solar thermal systems
in homes, businesses, schools and other governmental buildings throughout this
State by 2019.
2. The Demonstration Program must have
four categories of participants as follows:
(a) School property;
(b) Public and other property;
(c) Private residential property; and
(d) Small business property.
3. To be eligible to participate in the
Demonstration Program, a person must:
(a) Apply to a utility on a form prescribed by
the Commission;
(b) Meet the qualifications established pursuant
to subsection 5 and be approved by the utility;
(c) When installing a solar thermal system, use
an installer who has been issued the appropriate license by the State
Contractors’ Board; and
(d) If the person participates in the category of
school property or public and other property, provide for the public display of
the solar thermal system, including, without limitation, providing for public
demonstrations of the solar thermal system and for hands-on experience of the
solar thermal system by the public.
4. The utility shall notify each applicant
who is approved to participate in the Demonstration Program not later than 10
days after the approval.
5. The Commission shall adopt regulations
which must include, without limitation, provisions which:
(a) Establish the qualifications an applicant
must meet to qualify to participate in the Demonstration Program.
(b) Establish specifications for the design,
installation, energy output and displacement standards of the solar thermal
systems that qualify for the Demonstration Program.
(c) Require that the components of any solar
thermal system be new and unused.
(d) Require that any solar thermal collector have
a warranty against defects and undue degradation of not less than 10 years.
(e) Require that a solar thermal system be
installed in a building which is connected to the existing distribution system
of a utility in this State.
(f) Require that a solar thermal system be
installed in conformity with the manufacturer’s specifications and all
applicable codes and standards.
(g) Establish siting and installation
requirements for solar thermal systems to ensure efficient and appropriate
installation and to promote maximized performance of such systems.
6. As used in this section, “applicant”
means a person who applies to the utility to participate in the Demonstration
Program.
(Added to NRS by 2009, 2264;
A 2011,
1020)
NRS 701B.339 Recovery of costs by utility. A
utility may recover its reasonable and prudent costs, including, without
limitation, customer incentives, that are associated with carrying out and
administering the Demonstration Program within its service area by seeking
recovery of those costs in an appropriate proceeding before the Commission
pursuant to NRS 704.110.
(Added to NRS by 2009, 2265)
NRS 701B.342 Regulations: Establishment of program milestones and rebate
program for participants.
1. The Commission shall adopt regulations
establishing program milestones and a rebate program for a participant who
installs a solar thermal system. The rebates provided by a utility pursuant to
this section must:
(a) Decline over time as the program milestones
are reached;
(b) Be structured to reduce the cost of solar
thermal systems; and
(c) Be based on the actual energy savings or
predicted energy savings of the solar thermal system as determined by the
Commission.
2. The regulations must require that to be
eligible for a rebate pursuant to the Demonstration Program, a solar thermal
system must have received an OG-100 or OG-300 performance certification from
the Solar Rating and Certification Corporation or any other performance
certification approved by the Commission.
3. In determining the amount of the
rebates provided through the Demonstration Program, the Commission shall
consider any federal tax credits and other incentives available to
participants.
(Added to NRS by 2009, 2265;
A 2011,
1021)
NRS 701B.345 Withdrawal of participant for noncompliance; forfeiture of
rebates.
1. Except as otherwise provided in this
section, if a utility determines that a participant has not complied with the
requirements for participation in the Demonstration Program, the utility shall,
after notice, withdraw the participant from the Demonstration Program.
2. The utility may, without notice,
withdraw from the Demonstration Program:
(a) A participant in the category of private
residential property and small business property if the participant does not
complete the installation of a solar thermal system within 12 months after the
date the participant receives notice of approval to participate in the
Demonstration Program.
(b) A participant in the category of school
property or public and other property if the participant does not complete the
installation of a solar thermal system within 30 months after the date the
participant receives notice of approval to participate in the Demonstration
Program.
3. A participant who is withdrawn from the
Demonstration Program pursuant to subsection 2 forfeits any rebates provided by
NRS 701B.300 to 701B.345,
inclusive.
(Added to NRS by 2009, 2265)
RENEWABLE ENERGY SCHOOL PILOT PROGRAM
NRS 701B.350 Creation; regulations; conditions and limitations; reports.
1. The Renewable Energy School Pilot
Program is hereby created. The goal of the Program is to encourage the
development of and determine the feasibility for the integration of renewable
energy systems on school properties.
2. The Commission shall adopt regulations
for the Program. Such regulations shall include, but not be limited to:
(a) A time frame for implementation of the
Program;
(b) The allowed renewable energy systems and
combinations of such renewable energy systems on school property;
(c) The amount of capacity that may be installed
at each school property that participates in the Program;
(d) A process by which a school district may
apply for participation in the Program;
(e) Requirements for participation by a school
district;
(f) The type of transactions allowed between a
renewable energy system generator, a school district and a utility;
(g) Incentives which may be provided to a school
district or school property to encourage participation; and
(h) Such other parameters as determined by the
Commission and are consistent with the development of renewable energy systems
at school properties.
3. The Program shall be limited to 10
school properties. Not more than 6 school properties from any one school
district may participate in the Program.
4. The Commission shall adopt the
regulations necessary to implement the Program not later than March 1, 2008.
5. The Commission shall prepare a report
detailing the results of the Program and shall submit the report to the
Legislature by December 1, 2008.
6. As used in this section:
(a) “Commission” means the Public Utilities
Commission of Nevada.
(b) “Owned, leased or occupied” includes, without
limitation, any real property, building or facilities which are owned, leased
or occupied under a deed, lease, contract, license, permit, grant, patent or
any other type of legal authorization.
(c) “Renewable energy system” has the meaning
ascribed to it in NRS 704.7815.
(d) “School district” has the meaning ascribed to
it in NRS 395.0075.
(e) “School property” means any real property,
building or facilities which are owned, leased or occupied by a public school
as defined in NRS 385.007.
(f) “Utility” has the meaning ascribed to it in NRS 701B.180.
(Added to NRS by 2007, 2972)
WIND ENERGY SYSTEMS DEMONSTRATION PROGRAM
General Provisions
NRS 701B.400 Short title. [Effective through December 31, 2025.] NRS 701B.400 to 701B.650, inclusive, may be cited as the Wind Energy
Systems Demonstration Program Act.
(Added to NRS by 2007, 2992; A 2011, 2562;
2013, 3346)
NRS 701B.410 Definitions. [Effective through December 31, 2025.] As used in NRS
701B.400 to 701B.650, inclusive, unless the
context otherwise requires, the words and terms defined in NRS 701B.420 to 701B.560,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 2992; A 2009, 1385;
2011, 2562,
2563; 2013, 3346,
3347, 3818)
NRS 701B.420 “Agricultural property” defined. [Effective through December 31,
2025.] “Agricultural property”
means any real property employed for an agricultural use as defined in NRS 361A.030.
(Added to NRS by 2007, 2992; A 2011, 2562;
2013, 3346)
NRS 701B.430 “Applicant” defined. [Effective through December 31, 2025.] “Applicant” means a person who is applying to
participate in the Wind Demonstration Program.
(Added to NRS by 2007, 2992; A 2011, 2562;
2013, 3346)
NRS 701B.440 “Category” defined. [Effective through December 31, 2025.] “Category” means one of the categories of
participation in the Wind Demonstration Program established by the Commission
pursuant to subsection 2 of NRS 701B.580.
(Added to NRS by 2007, 2993; A 2011, 2562;
2013, 3336,
3346)
NRS 701B.450 “Commission” defined. [Effective through December 31, 2025.] “Commission” means the Public Utilities
Commission of Nevada.
(Added to NRS by 2007, 2993; A 2011, 2562;
2013, 3346)
NRS 701B.460 “Institution of higher education” defined. [Effective through
December 31, 2025.] “Institution
of higher education” means:
1. A university, college or community
college which is privately owned or which is part of the Nevada System of Higher
Education; or
2. A postsecondary educational
institution, as defined in NRS 394.099,
or any other institution of higher education.
(Added to NRS by 2007, 2993; A 2011, 2562;
2013, 3346)
NRS 701B.470 “Participant” defined. [Effective through December 31, 2025.] “Participant” means a person who has been
selected by a utility to participate in the Wind Demonstration Program.
(Added to NRS by 2007, 2993; A 2009, 1386;
2011, 2562,
2563; 2013, 3346,
3347, 3818)
NRS 701B.480 “Person” defined. [Effective through December 31, 2025.] “Person” includes, without limitation, a
governmental entity.
(Added to NRS by 2007, 2993; A 2011, 2562;
2013, 3346)
NRS 701B.490 “Program year” defined. Repealed.
(See chapter 510, Statutes of Nevada 2013, at page 3347.)
NRS 701B.500 “Public property” defined. [Effective through December 31,
2025.] “Public property” means any
real property, building or facilities owned, leased or occupied by:
1. A department, agency or instrumentality
of the State or any of its political subdivisions which is used for the
transaction of public or quasi-public business; or
2. A nonprofit organization that is
recognized as exempt from taxation pursuant to section 501(c)(3) of the
Internal Revenue Code, 26 U.S.C. § 501(c)(3), as amended, or a corporation for
public benefit as defined in NRS 82.021.
(Added to NRS by 2007, 2993; A 2011, 2562;
2013, 3346)
NRS 701B.510 “School property” defined. [Effective through December 31,
2025.] “School property” means any
real property, building or facilities owned, leased or occupied by:
1. A public school as defined in NRS 385.007;
2. A private school as defined in NRS 394.103; or
3. An institution of higher education.
(Added to NRS by 2007, 2993; A 2011, 2562;
2013, 3346)
NRS 701B.520 “Small business” defined. [Effective through December 31, 2025.] “Small business” means a business conducted
for profit which employs 500 or fewer full-time or part-time employees.
(Added to NRS by 2007, 2993; A 2011, 2562;
2013, 3346)
NRS 701B.540 “Utility” defined. [Effective through December 31, 2025.] “Utility” means a public utility that supplies
electricity in this State.
(Added to NRS by 2007, 2993; A 2011, 2562;
2013, 3346,
3817)
NRS 701B.550 “Wind Demonstration Program” or “Program” defined. [Effective
through December 31, 2025.] “Wind
Demonstration Program” or “Program” means the Wind Energy Systems Demonstration
Program created by NRS 701B.580.
(Added to NRS by 2007, 2993; A 2011, 2562;
2013, 3346)
NRS 701B.560 “Wind energy system” defined. [Effective through December 31,
2025.] “Wind energy system” means
a facility or energy system for the generation of electricity that uses wind
energy to generate electricity.
(Added to NRS by 2007, 2993; A 2011, 2562;
2013, 3346)
Administration of Program
NRS 701B.580 Creation of Program; Commission required to establish categories
of participation; eligibility requirements. [Effective through December 31,
2025.]
1. The Wind Energy Systems Demonstration
Program is hereby created.
2. The Commission shall establish
categories for participation in the Program.
3. To be eligible to participate in the
Program, a person must:
(a) Meet the qualifications established by the
Commission pursuant to NRS 701B.590; and
(b) When installing the wind energy system, use
an installer who has been issued a classification C-2 license with the
appropriate subclassification by the State Contractors’ Board pursuant to the
regulations adopted by the Board.
(Added to NRS by 2007, 2993; A 2009, 1386;
2011, 2562,
2563; 2013, 3336,
3346, 3347, 3818)
NRS 701B.590 Regulations: Establishment of capacity goals and incentives;
continued payment of incentives. [Effective through December 31, 2025.]
1. The Commission shall adopt regulations
necessary to carry out the provisions of the Wind Energy Systems Demonstration
Program Act, including, without limitation, regulations that establish:
(a) The capacity goals for the Program.
(b) A system of incentives that are based on
rebates that decline as the installed cost of wind energy systems declines and
as variables, including, without limitation, system size, installation costs,
market conditions and access to federal, state and other financial incentives,
may require. The system of incentives must provide:
(1) Incentives for wind energy systems
with a nameplate capacity of not more than 500 kilowatts;
(2) That the amount of the incentive for a
participant must be paid over time and be based on the performance of the wind
energy system and the amount of electricity generated by the wind energy
system; and
(3) For a contract to be entered into
between a participant and a utility, which must include, without limitation,
provisions specifying:
(I) The amount of the incentive the
participant will receive from the utility;
(II) The period in which the
participant will receive an incentive from the utility, which must not exceed 5
years;
(III) That the payments of an
incentive to the participant must be made not more frequently than quarterly;
and
(IV) That a utility is not required
to issue any new incentive on or after January 1, 2021, or make an incentive
payment after December 31, 2025.
(c) Reporting requirements for each utility that
participates in the Program, which must include, without limitation, periodic
reports of the average installed cost of the wind energy system, the cost to
the utility of carrying out the Program and the effect of the Program on the
rates paid by customers of the utility.
(d) The procedure for claiming incentives,
including, without limitation, the form and content of the incentive claim
form.
(e) The period for accepting applications, which
must include a period during which a utility must accept additional
applications if a previously approved applicant fails to install and energize a
wind energy system within the time allowed by NRS
701B.615.
(f) The total incentive paid to a participant in
the Program, which must not exceed 50 percent of the total installed cost of
the wind energy system of the participant.
(g) A requirement that an authorized
representative of any public entity participating in the Program, including
participation through a third-party ownership structure, must provide the
identifying number described in NRS 338.013
for such project and certify in the application and upon final completion of
the wind energy system that the public entity has complied with all applicable
requirements of this chapter and chapter 338
of NRS.
(h) A process pursuant to which the utility shall
transmit to the Commission for inclusion in the public records of the
Commission a copy of any application by a public entity or any related material
requested by the Commission which includes any redacted personal identifying
information of a customer.
2. A contract that is executed between a
utility and a participant on or before December 31, 2021, providing for the
payment to the participant of an incentive pursuant to subparagraph (2) of
paragraph (b) of subsection 1 may provide for the continued payment of such an
incentive after December 31, 2021, subject to the limitations prescribed by NRS 701B.005 and in accordance with regulations
adopted by the Commission.
(Added to NRS by 2007, 2994; A 2009, 1386;
2011, 2562,
2563; 2013, 3337,
3346, 3347, 3818)
NRS 701B.600 Duty of utility to administer Program according to annual plan;
recovery of costs by utility. [Effective through December 31, 2025.]
1. Each utility shall carry out and
administer the Wind Demonstration Program within its service area in accordance
with its annual plan as approved by the Commission pursuant to NRS 701B.610.
2. A utility may recover its reasonable
and prudent costs, including, without limitation, customer incentives, that are
associated with carrying out and administering the Program within its service
area by seeking recovery of those costs in an appropriate proceeding before the
Commission pursuant to NRS 704.110.
(Added to NRS by 2007, 2994; A 2011, 2562;
2013, 3346)
NRS 701B.610 Duty of utility to file annual plan; review and approval of
annual plan by Commission. [Effective through December 31, 2025.]
1. On or before February 1, 2008, and on or before February 1 of each year thereafter, each utility shall file with
the Commission its annual plan for carrying out and administering the Wind
Demonstration Program within its service area.
2. On or before July 1, 2008, and on or before July 1 of each year thereafter, the Commission shall:
(a) Review the annual plan filed by each utility for
compliance with the requirements established by regulation; and
(b) Approve the annual plan with such
modifications and upon such terms and conditions as the Commission finds
necessary or appropriate to facilitate the Program.
(Added to NRS by 2007, 2994; A 2009, 1387;
2011, 2562,
2563; 2013, 3338,
3346, 3347, 3818)
NRS 701B.615 Procedure for selection and notification of participants;
authorization to install and energize wind energy system; submission of
incentive claim form; determination of amount of incentive; withdrawal of
participant; forfeiture of incentive. [Effective through December 31, 2025.]
1. An applicant who wishes to participate
in the Wind Demonstration Program must submit an application to a utility.
2. After reviewing an application
submitted pursuant to subsection 1 and ensuring that the applicant meets the
qualifications and requirements to be eligible to participate in the Program, a
utility may select the applicant for participation in the Program.
3. Not later than 30 days after the date
on which the utility selects an applicant, the utility shall provide written
notice of the selection to the applicant.
4. After the utility selects an applicant
to participate in the Program, the utility may approve the wind energy system
proposed by the applicant. Upon the utility’s approval of the wind energy
system:
(a) The utility shall provide to the applicant
notice of the approval and the amount of incentive for which the wind energy
system is eligible; and
(b) The applicant may install and energize the
wind energy system.
5. Upon the completion of the installation
and energizing of the wind energy system, the participant must submit to the
utility an incentive claim form and any supporting information, including,
without limitation, a verification of the installed cost of the project and a
calculation of the expected system output.
6. Upon receipt of the incentive claim
form and verification that the wind energy system is properly connected, the
utility shall issue an incentive payment to the participant.
7. The amount of the incentive for which
an applicant is eligible must be determined on the date on which the applicant
is selected for participation in the Wind Demonstration Program, except that an
applicant forfeits eligibility for that amount of incentive if the applicant
withdraws from participation in the Program or does not complete the
installation of the wind energy system within 12 months after the date on which
the applicant is selected for participation in the Program.
(Added to NRS by 2009, 1381;
A 2011,
2563; 2013,
3338, 3347,
3818)
NRS 701B.625 Installation of wind energy system deemed public work under
certain circumstances. [Effective through December 31, 2025.]
1. The installation of a wind energy
system on property owned or occupied by a public body pursuant to NRS 701B.400 to 701B.650,
inclusive, shall be deemed to be a public work for the purposes of chapters 338 and 341
of NRS, regardless of whether the installation of the wind energy system is
financed in whole or in part by public money.
2. The amount of any incentive issued by a
utility relating to the installation of a wind energy system on property owned
or occupied by a public body may not be used to reduce the cost of the project
to an amount which would exempt the project from the requirements of NRS 338.020 to 338.090, inclusive.
3. As used in this section, “public body”
means the State or a county, city, town, school district or any public agency
of this State or its political subdivisions.
(Added to NRS by 2009, 1381;
A 2011,
2563; 2013,
3347, 3818)
NRS 701B.640 Issuance of portfolio energy credits. [Effective through
December 31, 2025.]
1. After a participant installs a wind
energy system included in the Wind Demonstration Program, the Commission shall
issue portfolio energy credits for use within the system of portfolio energy
credits adopted by the Commission pursuant to NRS 704.7821 and 704.78213 equal to the actual or
estimated kilowatt-hour production of the wind energy system.
2. All portfolio energy credits issued for
a wind energy system installed pursuant to the Wind Demonstration Program must
be assigned to and become the property of the utility administering the
Program.
(Added to NRS by 2007, 2996; A 2009, 992; 2011, 2562,
2563; 2013, 3346,
3347)
NRS 701B.650 Participation in net metering. [Effective through December 31,
2025.] To be eligible for an
incentive through the Wind Demonstration Program, a wind energy system must
meet the requirements for participation in net metering pursuant to the
provisions of NRS 704.766 to 704.775, inclusive.
(Added to NRS by 2007, 2996; A 2011, 2562;
2013, 3339,
3346)
WATERPOWER ENERGY SYSTEMS DEMONSTRATION PROGRAM
General Provisions
NRS 701B.700 Short title. [Effective through December 31, 2025.] NRS 701B.700 to 701B.880, inclusive, may be cited as the Waterpower
Energy Systems Demonstration Program Act.
(Added to NRS by 2007, 2996; A 2009, 1388;
2011, 1944,
2562, 2563; 2013, 3346,
3347, 3818)
NRS 701B.710 Definitions. [Effective through December 31, 2025.] As used in NRS
701B.700 to 701B.880, inclusive, unless the
context otherwise requires, the words and terms defined in NRS 701B.720 to 701B.810,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 2996; A 2009, 1388;
2011, 1944,
2562, 2563; 2013, 3346,
3347, 3818)
NRS 701B.720 “Applicant” defined. [Effective through December 31, 2025.] “Applicant” means a person who is applying to
participate in the Waterpower Demonstration Program.
(Added to NRS by 2007, 2996; A 2011, 1944,
2562; 2013, 3346,
3818)
NRS 701B.730 “Commission” defined. [Effective through December 31, 2025.] “Commission” means the Public Utilities
Commission of Nevada.
(Added to NRS by 2007, 2996; A 2011, 1944,
2562; 2013, 3346,
3818)
NRS 701B.740 “Participant” defined. [Effective through December 31, 2025.] “Participant” means a person who has been
selected by a utility to participate in the Waterpower Demonstration Program.
(Added to NRS by 2007, 2997; A 2009, 1388;
2011, 1944,
2562, 2563; 2013, 3346,
3347, 3818)
NRS 701B.750 “Person” defined. [Effective through December 31, 2025.] “Person” includes, without limitation, a
public entity.
(Added to NRS by 2007, 2997; A 2011, 1944,
2562; 2013, 3346,
3818)
NRS 701B.760 “Program year” defined. Repealed.
(See chapter 510, Statutes of Nevada 2013, at page 3347.)
NRS 701B.780 “Utility” defined. [Effective through December 31, 2025.] “Utility” means a public utility that supplies
electricity in this State.
(Added to NRS by 2007, 2997; A 2011, 1944,
2562; 2013, 3346,
3818)
NRS 701B.790 “Waterpower” defined. [Effective through December 31, 2025.] “Waterpower” has the meaning ascribed to it in
subsection 3 of NRS 704.7811.
(Added to NRS by 2007, 2997; A 2011, 1944,
2562; 2013, 3346,
3818)
NRS 701B.800 “Waterpower energy system” defined. [Effective through December
31, 2025.] “Waterpower energy
system” means a facility or energy system for the generation of electricity
that uses waterpower to generate electricity.
(Added to NRS by 2007, 2997; A 2011, 1944,
2562; 2013, 3346,
3818)
NRS 701B.810 “Waterpower Demonstration Program” or “Program” defined.
[Effective through December 31, 2025.] “Waterpower
Demonstration Program” or “Program” means the Waterpower Energy Systems
Demonstration Program created by NRS 701B.820.
(Added to NRS by 2007, 2997; A 2011, 1944,
2562; 2013, 3346,
3818)
Administration of Program
NRS 701B.820 Creation of Program; categories of participation; eligibility
requirements; regulations establishing qualifications of applicant. [Effective
through December 31, 2025.]
1. The Waterpower Energy Systems
Demonstration Program is hereby created.
2. The Waterpower Demonstration Program is
created for:
(a) Agricultural uses; and
(b) Indian tribes and tribal organizations that
are customers of a utility.
3. To be eligible to participate in the
Waterpower Demonstration Program, a person must meet the qualifications
established pursuant to subsection 4, apply to a utility and be selected by the
utility for inclusion in the Waterpower Demonstration Program.
4. The Commission shall adopt regulations
providing for the qualifications an applicant must meet to qualify to
participate in the Waterpower Demonstration Program.
(Added to NRS by 2007, 2997; A 2009, 1388;
2011, 1939,
1944, 2562, 2563; 2013, 3346,
3347, 3818)
NRS 701B.830 Duty of utility to administer Program. [Effective through
December 31, 2025.] Each utility
is responsible for the administration and delivery of the Waterpower
Demonstration Program as approved by the Commission.
(Added to NRS by 2007, 2997; A 2009, 1388;
2011, 1944,
2562, 2563; 2013, 3346,
3347, 3818)
NRS 701B.840 Regulations: Establishment of capacity goals and incentives.
[Effective through December 31, 2025.] The
Commission shall adopt regulations that establish:
1. The capacity goals for the Program,
which must provide that not less than 1 megawatt of capacity be set aside for
the installation of waterpower energy systems with a nameplate capacity of 100
kilowatts or less.
2. A system of incentives for waterpower
energy systems with a nameplate capacity of not more than 500 kilowatts.
3. A system of incentives that are based
on rebates that decline as the capacity goals for the Program are met. The
rebates must be based on predicted energy savings.
4. The procedure for claiming incentives,
including, without limitation, the form and content of the incentive claim
form.
(Added to NRS by 2007, 2997; A 2009, 1388;
2011, 1940,
1944, 2562, 2563; 2013, 3339,
3346, 3347, 3818)
NRS 701B.850 Duty of utility to file annual plan; review and approval of
annual plan by Commission. [Effective through December 31, 2025.]
1. Each year on or before a date
established by the Commission, each utility shall file with the Commission the
utility’s annual plan for carrying out and administering the Waterpower
Demonstration Program in its service area for the immediately following
12-month period prescribed by the Commission.
2. The Commission shall:
(a) Review the annual plan for compliance with
the requirements established by regulation of the Commission; and
(b) Approve the annual plan with such
modifications and upon such terms and conditions as the Commission finds
necessary or appropriate to facilitate the Program.
(Added to NRS by 2007, 2997; A 2009, 1389;
2011, 1944,
2562, 2563; 2013, 3339,
3346, 3347, 3818)
NRS 701B.860 Recovery of costs by utility. [Effective through December 31,
2025.] Each utility may recover
its reasonable and prudent costs, including, without limitation, customer
incentives, that are associated with carrying out and administering the
Waterpower Demonstration Program within its service area by seeking recovery of
those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.
(Added to NRS by 2007, 2998; A 2011, 1944,
2562; 2013, 3346,
3818)
NRS 701B.865 Procedure for selection and notification of participants;
authorization to construct waterpower energy system; submission of incentive
claim form and supporting information; determination of amount of incentive;
withdrawal of participant; forfeiture of incentive; certification of
compliance; regulations. [Effective through December 31, 2025.]
1. An applicant who wishes to participate
in the Waterpower Demonstration Program must submit an application to a
utility.
2. After reviewing an application
submitted pursuant to subsection 1 and ensuring that the applicant meets the
qualifications and requirements to be eligible to participate in the Program, a
utility may select the applicant for participation in the Program.
3. Not later than 30 days after the date
on which the utility selects an applicant, the utility shall provide written
notice of the selection to the applicant.
4. After the utility selects an applicant
to participate in the Program, the utility may approve the waterpower energy
system proposed by the applicant. Upon the utility’s approval of the waterpower
energy system:
(a) The utility shall provide to the applicant
notice of the approval and the amount of incentive for which the waterpower
energy system is eligible; and
(b) The applicant may construct the waterpower
energy system.
5. Upon the completion of the construction
of a waterpower energy system, the participant must submit to the utility an
incentive claim form and any supporting information, including, without
limitation, a verification of the installed cost of the project and a
calculation of the expected system output.
6. Upon receipt of the incentive claim
form and verification that the waterpower energy system is properly connected,
the utility shall issue an incentive payment to the participant.
7. The amount of the incentive for which
an applicant is eligible must be determined on the date on which the applicant
is selected for participation in the Waterpower Demonstration Program, except
that:
(a) An applicant forfeits eligibility for that
amount of incentive if the applicant withdraws from participation in the
Program or does not complete the construction of the waterpower energy system
within 12 months after the date on which the applicant is selected for
participation in the Program; and
(b) No payment may be made by a utility after
December 31, 2025, or made if such payment would otherwise cause the utility to
exceed the limitations prescribed by NRS 701B.005.
8. The total incentive paid to a participant
in the Waterpower Demonstration Program must not exceed 50 percent of the total
installed cost of the waterpower energy system of the participant.
9. An authorized representative of any
public entity participating in the Waterpower Demonstration Program, including
participation through a third-party ownership structure, shall provide the
identifying number described in NRS 338.013
for such project and certify in the application and upon final completion of
the waterpower energy system that the public entity has complied with all
applicable requirements of this chapter and chapter
338 of NRS.
10. The Commission shall adopt regulations
prescribing a process pursuant to which the utility must transmit to the
Commission for inclusion in the public records of the Commission a copy of any
application by a public entity or any related material requested by the
Commission with any redacted personal identifying information of a customer.
(Added to NRS by 2009, 1382;
A 2011,
1944, 2563;
2013, 3340,
3347, 3818)
NRS 701B.870 Issuance of portfolio energy credits. [Effective through December
31, 2025.]
1. After a participant installs a
waterpower energy system included in the Waterpower Demonstration Program, the
Commission shall issue portfolio energy credits for use within the system of
portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 and 704.78213 equal to the actual or
estimated kilowatt-hour production of the waterpower energy system of the
participant.
2. All portfolio energy credits issued for
a waterpower energy system installed pursuant to the Waterpower Demonstration
Program are assigned to and become the property of the utility administering
the Program.
(Added to NRS by 2007, 2998; A 2009, 992; 2011, 1944,
2562, 2563; 2013, 3346,
3347, 3818)
NRS 701B.880 Participation in net metering. [Effective through December 31,
2025.] To be eligible for an incentive
through the Waterpower Demonstration Program, the waterpower energy system must
meet the requirements for participation in net metering pursuant to the
provisions of NRS 704.766 to 704.775, inclusive.
(Added to NRS by 2007, 2998; A 2011, 1944,
2562; 2013, 3341,
3346, 3818)
GREEN JOBS INITIATIVE
General Provisions
NRS 701B.900 Short title. NRS 701B.900 to 701B.924,
inclusive, may be cited as the Green Jobs Initiative.
(Added to NRS by 2009, 2867)
NRS 701B.903 Definitions. As
used in NRS 701B.900 to 701B.924,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 701B.906 to 701B.918,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 2867)
NRS 701B.906 “Department” defined. “Department”
means the Department of Employment, Training and Rehabilitation.
(Added to NRS by 2009, 2867)
NRS 701B.909 “Division” defined. “Division”
means the Housing Division of the Department of Business and Industry.
(Added to NRS by 2009, 2867)
NRS 701B.912 “Renewable energy” defined.
1. “Renewable energy” means a source of
energy that occurs naturally or is regenerated naturally, including, without
limitation:
(a) Biomass;
(b) Fuel cells;
(c) Geothermal energy;
(d) Solar energy;
(e) Waste heat;
(f) Waterpower; and
(g) Wind.
2. The term does not include coal, natural
gas, oil, propane or any other fossil fuel, or nuclear energy.
(Added to NRS by 2009, 2867)
NRS 701B.915 “Retrofitting” defined. “Retrofitting”
means the alteration, improvement, modification, remodeling or renovation of a
building, facility, residence or structure to make that building, facility,
residence or structure more energy efficient.
(Added to NRS by 2009, 2867)
NRS 701B.918 “Weatherization” defined. “Weatherization”
means materials or measures, and their installation, that are used to improve
the thermal efficiency of a building, facility, residence or structure.
(Added to NRS by 2009, 2867)
Administration of Initiative
NRS 701B.921 Establishment of contractual relationships with nonprofit
collaboratives; requirements relating to job training, career development and
apprenticeship programs; requests for proposals and contracts; funding; reports
to Interim Finance Committee.
1. The Department of Employment, Training
and Rehabilitation and the Housing Division of the Department of Business and
Industry shall establish contractual relationships with one or more nonprofit
collaboratives to carry out the State’s mission of creating new jobs in the
fields of energy efficiency and renewable energy by combining job training with
weatherization, energy retrofit applications or the development of renewable
energy plants.
2. To qualify as a nonprofit collaborative
for the purposes of this section, a nonprofit entity:
(a) Must enter into a written agreement relating
to job training and career development activities with:
(1) A labor management agency or other
affiliated agency which has established an apprenticeship program that is
registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS; and
(2) A community college or another
institution of higher education; and
(b) Must conduct or have the ability to conduct
training programs in at least one of the three geographic regions of this
State, including southern Nevada, northern Nevada and rural Nevada.
Ê Such a
nonprofit entity may also enter into a written agreement relating to job
training and career development activities with a trade association which has
an accredited job skills training program.
3. Within the limits of money available to
the Department for this purpose, the Department shall contract with one or more
qualified nonprofit collaboratives to:
(a) Carry out programs for job training in fields
relating to energy efficiency and the use of renewable energy.
(b) In concert with a labor management agency or
other affiliated agency which has established an apprenticeship program that is
registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS, develop apprenticeship
programs to train laborers in skills related to:
(1) The implementation of energy
efficiency measures.
(2) The use of renewable energy.
(3) Performing audits of the energy
efficiency of buildings, facilities, residences and structures.
(4) The weatherization of buildings,
facilities, residences and structures.
(5) The retrofitting of buildings, facilities,
residences and structures.
(6) The construction and operation of
centralized renewable energy plants.
(7) The manufacturing of components
relating to work performed pursuant to subparagraphs (1) to (6), inclusive.
4. The job training described in
subsection 3 must be sufficiently detailed to allow workers, as applicable, to
perform:
(a) The services set forth in NRS 702.270.
(b) The services set forth in NRS 618.910 to 618.936, inclusive.
(c) Such other vocational or professional
services, or both, as the Department deems appropriate.
5. Funding provided for the job training
described in subsection 3:
(a) Must, to the extent money is available for
the purpose, include the cost of tuition and supplies.
(b) May include a cost-of-living stipend which
may or may not be in addition to any available unemployment compensation.
6. Within the limits of money available to
the Division for the purpose, the Division shall contract with one or more
governmental entities, community action agencies or nonprofit organizations,
including, without limitation, qualified nonprofit collaboratives, to:
(a) Identify, in different regions of the State,
neighborhoods that will qualify for funding for residential weatherization
projects pursuant to federal programs focusing on residential weatherization;
and
(b) Issue requests for proposals for contractors
and award contracts for projects to promote energy efficiency through
weatherization. Any such requests for proposals and contracts must include,
without limitation:
(1) Provisions stipulating that all
employees of the outside contractors who work on the project must be paid
prevailing wages;
(2) Provisions requiring that each outside
contractor:
(I) Employ on each such project a
number of persons trained as described in paragraph (b) of subsection 3 that is
equal to or greater than 50 percent of the total workforce the contractor
employs on the project; or
(II) If the Director of the
Department determines in writing, pursuant to a request submitted by the
contractor, that the contractor cannot reasonably comply with the provisions of
sub-subparagraph (I) because there are not available a sufficient number of
such trained persons, employ a number of persons trained as described in
paragraph (b) of subsection 3 or trained through any apprenticeship program that
is registered and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS that is equal to or greater
than 50 percent of the total workforce the contractor employs on the project;
(3) A component pursuant to which persons
trained as described in paragraph (b) of subsection 3 must be classified and
paid prevailing wages depending upon the classification of the skill in which
they are trained; and
(4) A component that requires each
contractor to offer to employees working on the project, and to their
dependents, health care in the same manner as a policy of insurance pursuant to
chapters 689A and 689B of NRS or the Employee Retirement Income
Security Act of 1974.
7. The Department and the Division:
(a) Shall apply for and accept any grant,
appropriation, allocation or other money available pursuant to:
(1) The Green Jobs Act of 2007, 29 U.S.C. §
2916(e); and
(2) The American Recovery and Reinvestment
Act of 2009, Public Law 111-5; and
(b) May apply for and accept any other available
gift, grant, appropriation or donation from any public or private source,
Ê to assist
the Department and the Division in carrying out the provisions of this section.
8. The Department and the Division shall
each report to the Interim Finance Committee at each meeting held by the
Interim Finance Committee with respect to the activities in which they have
engaged pursuant to this section.
9. As used in this section, “community
action agencies” means private corporations or public agencies established
pursuant to the Economic Opportunity Act of 1964, Public Law 88-452, which are
authorized to administer money received from federal, state, local or private
funding entities to assess, design, operate, finance and oversee antipoverty
programs.
(Added to NRS by 2009, 2867)
NRS 701B.924 Determination of projects for weatherization and retrofitting;
criteria for prioritizing and selecting projects; requests for proposals and
contracts; reports to Interim Finance Committee. [Effective through December
31, 2025.]
1. The State Public Works Board shall,
within 90 days after June 9, 2009, determine the specific projects to
weatherize and retrofit public buildings, facilities and structures, including,
without limitation, traffic-control systems, and to otherwise use sources of
renewable energy to serve those buildings, facilities and structures pursuant
to the provisions of this section and NRS 701B.921.
The projects must be prioritized and selected on the basis of the following
criteria:
(a) The length of time necessary to commence the
project.
(b) The number of workers estimated to be
employed on the project.
(c) The effectiveness of the project in reducing
energy consumption.
(d) The estimated cost of the project.
(e) Whether the project is able to be powered by
or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for
participation in one or more of the following programs:
(1) The Solar Energy Systems Incentive
Program created by NRS 701B.240;
(2) The Renewable Energy School Pilot
Program created by NRS 701B.350;
(3) The Wind Energy Systems Demonstration
Program created by NRS 701B.580;
(4) The Waterpower Energy Systems
Demonstration Program created by NRS 701B.820; or
(5) An energy efficiency or energy
conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved
by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
2. The board of trustees of each school
district shall, within 90 days after June 9, 2009, determine the specific
projects to weatherize and retrofit public buildings, facilities and
structures, including, without limitation, traffic-control systems, and to
otherwise use sources of renewable energy to serve those buildings, facilities
and structures pursuant to the provisions of this section and NRS 701B.921. The projects must be prioritized and
selected on the basis of the following criteria:
(a) The length of time necessary to commence the
project.
(b) The number of workers estimated to be
employed on the project.
(c) The effectiveness of the project in reducing
energy consumption.
(d) The estimated cost of the project.
(e) Whether the project is able to be powered by
or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for
participation in one or more of the following programs:
(1) The Solar Energy Systems Incentive
Program created by NRS 701B.240;
(2) The Renewable Energy School Pilot
Program created by NRS 701B.350;
(3) The Wind Energy Systems Demonstration
Program created by NRS 701B.580;
(4) The Waterpower Energy Systems
Demonstration Program created by NRS 701B.820; or
(5) An energy efficiency or energy
conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved
by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
3. The Board of Regents of the University
of Nevada shall, within 90 days after June 9, 2009, determine the specific
projects to weatherize and retrofit public buildings, facilities and
structures, including, without limitation, traffic-control systems, and to
otherwise use sources of renewable energy to serve those buildings, facilities
and structures pursuant to the provisions of this section and NRS 701B.921. The projects must be prioritized and
selected on the basis of the following criteria:
(a) The length of time necessary to commence the
project.
(b) The number of workers estimated to be
employed on the project.
(c) The effectiveness of the project in reducing
energy consumption.
(d) The estimated cost of the project.
(e) Whether the project is able to be powered by
or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for participation
in one or more of the following programs:
(1) The Solar Energy Systems Incentive
Program created by NRS 701B.240;
(2) The Renewable Energy School Pilot
Program created by NRS 701B.350;
(3) The Wind Energy Systems Demonstration
Program created by NRS 701B.580;
(4) The Waterpower Energy Systems
Demonstration Program created by NRS 701B.820; or
(5) An energy efficiency or energy
conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved
by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
4. As soon as practicable after an entity described
in subsections 1, 2 and 3 selects a project, the entity shall proceed to enter
into a contract with one or more contractors to perform the work on the
project. The request for proposals and all contracts for each project must
include, without limitation:
(a) Provisions stipulating that all employees of
the contractors and subcontractors who work on the project must be paid
prevailing wages pursuant to the requirements of chapter
338 of NRS;
(b) Provisions requiring that each contractor and
subcontractor employed on each such project:
(1) Employ a number of persons trained as
described in paragraph (b) of subsection 3 of NRS
701B.921 that is equal to or greater than 50 percent of the total workforce
the contractor or subcontractor employs on the project; or
(2) If the Director of the Department
determines in writing, pursuant to a request submitted by the contractor or
subcontractor, that the contractor or subcontractor cannot reasonably comply
with the provisions of subparagraph (1) because there are not available a
sufficient number of such trained persons, employ a number of persons trained
as described in paragraph (b) of subsection 3 of NRS
701B.921 or trained through any apprenticeship program that is registered
and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS that is equal to or greater
than 50 percent of the total workforce the contractor or subcontractor employs
on the project;
(c) A component pursuant to which persons trained
as described in paragraph (b) of subsection 3 of NRS
701B.921 must be classified and paid prevailing wages depending upon the
classification of the skill in which they are trained; and
(d) A component that requires each contractor or
subcontractor to offer to employees working on the project, and to their
dependents, health care in the same manner as a policy of insurance pursuant to
chapters 689A and 689B of NRS or the Employee Retirement Income
Security Act of 1974.
5. The State Public Works Board, each of
the school districts and the Board of Regents of the University of Nevada shall
each provide a report to the Interim Finance Committee which describes the
projects selected pursuant to this section and a report of the dates on which
those projects are scheduled to be completed.
(Added to NRS by 2009, 2869)
NRS 701B.924 Determination of projects
for weatherization and retrofitting; criteria for prioritizing and selecting
projects; requests for proposals and contracts; reports to Interim Finance
Committee. [Effective January 1, 2026.]
1. The State Public Works Board shall,
within 90 days after June 9, 2009, determine the specific projects to
weatherize and retrofit public buildings, facilities and structures, including,
without limitation, traffic-control systems, and to otherwise use sources of
renewable energy to serve those buildings, facilities and structures pursuant
to the provisions of this section and NRS 701B.921.
The projects must be prioritized and selected on the basis of the following
criteria:
(a) The length of time necessary to commence the
project.
(b) The number of workers estimated to be
employed on the project.
(c) The effectiveness of the project in reducing
energy consumption.
(d) The estimated cost of the project.
(e) Whether the project is able to be powered by
or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for
participation in:
(1) The Renewable Energy School Pilot
Program created by NRS 701B.350; or
(2) An energy efficiency or energy
conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved
by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
2. The board of trustees of each school
district shall, within 90 days after June 9, 2009, determine the specific
projects to weatherize and retrofit public buildings, facilities and
structures, including, without limitation, traffic-control systems, and to
otherwise use sources of renewable energy to serve those buildings, facilities
and structures pursuant to the provisions of this section and NRS 701B.921. The projects must be prioritized and
selected on the basis of the following criteria:
(a) The length of time necessary to commence the
project.
(b) The number of workers estimated to be
employed on the project.
(c) The effectiveness of the project in reducing
energy consumption.
(d) The estimated cost of the project.
(e) Whether the project is able to be powered by
or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for
participation in:
(1) The Renewable Energy School Pilot
Program created by NRS 701B.350; or
(2) An energy efficiency or energy
conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved
by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
3. The Board of Regents of the University
of Nevada shall, within 90 days after June 9, 2009, determine the specific
projects to weatherize and retrofit public buildings, facilities and
structures, including, without limitation, traffic-control systems, and to
otherwise use sources of renewable energy to serve those buildings, facilities
and structures pursuant to the provisions of this section and NRS 701B.921. The projects must be prioritized and
selected on the basis of the following criteria:
(a) The length of time necessary to commence the
project.
(b) The number of workers estimated to be
employed on the project.
(c) The effectiveness of the project in reducing
energy consumption.
(d) The estimated cost of the project.
(e) Whether the project is able to be powered by
or to otherwise use sources of renewable energy.
(f) Whether the project has qualified for
participation in:
(1) The Renewable Energy School Pilot
Program created by NRS 701B.350; or
(2) An energy efficiency or energy
conservation program offered by a public utility, as defined in NRS 704.020, pursuant to a plan approved
by the Public Utilities Commission of Nevada pursuant to NRS 704.741.
4. As soon as practicable after an entity
described in subsections 1, 2 and 3 selects a project, the entity shall proceed
to enter into a contract with one or more contractors to perform the work on
the project. The request for proposals and all contracts for each project must
include, without limitation:
(a) Provisions stipulating that all employees of
the contractors and subcontractors who work on the project must be paid
prevailing wages pursuant to the requirements of chapter
338 of NRS;
(b) Provisions requiring that each contractor and
subcontractor employed on each such project:
(1) Employ a number of persons trained as
described in paragraph (b) of subsection 3 of NRS
701B.921 that is equal to or greater than 50 percent of the total workforce
the contractor or subcontractor employs on the project; or
(2) If the Director of the Department
determines in writing, pursuant to a request submitted by the contractor or
subcontractor, that the contractor or subcontractor cannot reasonably comply
with the provisions of subparagraph (1) because there are not available a
sufficient number of such trained persons, employ a number of persons trained
as described in paragraph (b) of subsection 3 of NRS
701B.921 or trained through any apprenticeship program that is registered
and approved by the State Apprenticeship Council pursuant to chapter 610 of NRS that is equal to or greater
than 50 percent of the total workforce the contractor or subcontractor employs
on the project;
(c) A component pursuant to which persons trained
as described in paragraph (b) of subsection 3 of NRS
701B.921 must be classified and paid prevailing wages depending upon the
classification of the skill in which they are trained; and
(d) A component that requires each contractor or
subcontractor to offer to employees working on the project, and to their
dependents, health care in the same manner as a policy of insurance pursuant to
chapters 689A and 689B of NRS or the Employee Retirement Income
Security Act of 1974.
5. The State Public Works Board, each of
the school districts and the Board of Regents of the University of Nevada shall
each provide a report to the Interim Finance Committee which describes the
projects selected pursuant to this section and a report of the dates on which
those projects are scheduled to be completed.
(Added to NRS by 2009, 2869;
A 2011,
2559; 2013,
3347, effective January 1, 2026)
