[Rev. 11/21/2013 1:21:31 PM--2013]

CHAPTER 701B - RENEWABLE ENERGY PROGRAMS

GENERAL PROVISIONS

NRS 701B.003        Definitions. [Effective January 1, 2014, 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 January 1, 2014, through December 31, 2025.]

NRS 701B.007        Applications to participate in renewable energy programs: False or misleading statements prohibited. [Effective January 1, 2014, 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, 2013.]

NRS 701B.040        “Category” defined. [Effective January 1, 2014, 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. [Effective through December 31, 2013.]

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. [Effective through December 31, 2013.]

NRS 701B.110        “Public and other property” defined. [Effective through December 31, 2013.]

NRS 701B.120        “Public entity” defined. [Effective through December 31, 2013.]

NRS 701B.130        “School property” defined. [Effective through December 31, 2013.]

NRS 701B.140        “Small business” defined. [Effective through December 31, 2013.]

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 January 1, 2014, through December 31, 2025.]

NRS 701B.200        Regulations: Establishment of incentives and requirements for utility’s annual plan; exceptions; recovery of costs by utility. [Effective through December 31, 2013.]

NRS 701B.200        Regulations: Establishment of incentives and requirements for utility’s annual plan; recovery of costs by utility. [Effective January 1, 2014, through December 31, 2025.]

NRS 701B.210        Regulations: Establishment of qualifications and requirements for participation; form and content of utility’s master application. [Effective through December 31, 2013.]

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 January 1, 2014, through December 31, 2025.]

NRS 701B.220        Regulations: Establishment of incentives for participation. [Effective through December 31, 2013.]

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 January 1, 2014, 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, 2013.]

NRS 701B.230        Duty of utility to file annual plan; review and approval of annual plan by Commission; recovery of costs by utility. [Effective January 1, 2014, through December 31, 2025.]

NRS 701B.240        Creation of Solar Program; categories of participation; eligibility requirements. [Effective through December 31, 2013.]

NRS 701B.240        Creation of Solar Program; Commission required to establish categories of participation; eligibility requirements. [Effective January 1, 2014, 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 of incentive; withdrawal of participant; forfeiture of incentive. [Effective through December 31, 2013.]

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 January 1, 2014, through December 31, 2025.]

NRS 701B.260        Capacity allocated to each category; reallocation of capacity; limitations on incentives. [Effective through December 31, 2013.]

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, 2013.]

NRS 701B.280        Participation in net metering. [Effective January 1, 2014, 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, 2013.]

NRS 701B.440        “Category” defined. [Effective January 1, 2014, 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. [Effective through December 31, 2013.]

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; categories of participation; eligibility requirements. [Effective through December 31, 2013.]

NRS 701B.580        Creation of Program; Commission required to establish categories of participation; eligibility requirements. [Effective January 1, 2014, through December 31, 2025.]

NRS 701B.590        Regulations. [Effective through December 31, 2013.]

NRS 701B.590        Regulations: Establishment of capacity goals and incentives; continued payment of incentives. [Effective January 1, 2014, 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, 2013.]

NRS 701B.610        Duty of utility to file annual plan; review and approval of annual plan by Commission. [Effective January 1, 2014, 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, 2013.]

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 January 1, 2014, 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, 2013.]

NRS 701B.650        Participation in net metering. [Effective January 1, 2014, 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. [Effective through December 31, 2013.]

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. [Effective through December 31, 2013.]

NRS 701B.840        Regulations: Establishment of capacity goals and incentives. [Effective January 1, 2014, through December 31, 2025.]

NRS 701B.850        Duty of utility to file annual plan; review of annual plan by Commission. [Effective through December 31, 2013.]

NRS 701B.850        Duty of utility to file annual plan; review and approval of annual plan by Commission. [Effective January 1, 2014, 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. [Effective through December 31, 2013.]

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 January 1, 2014, 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, 2013.]

NRS 701B.880        Participation in net metering. [Effective January 1, 2014, 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 January 1, 2014, 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, effective January 1, 2014)

      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 January 1, 2014, 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, effective January 1, 2014)

      NRS 701B.007  Applications to participate in renewable energy programs: False or misleading statements prohibited. [Effective January 1, 2014, 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, effective January 1, 2014)

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, 2013.]  “Category” means one of the categories of participation in the Solar Program as set forth in NRS 701B.240.

      (Added to NRS by 2007, 2968; R 2011, 2563; R 2013, 3347, effective January 1, 2026)

      NRS 701B.040  “Category” defined. [Effective January 1, 2014, 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, effective January 1, 2014; 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. [Effective through December 31, 2013.]  “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, 2968; R 2011, 2563; R 2013, 3347, effective January 1, 2014)

      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. [Effective through December 31, 2013.]  “Program year” means the period of July 1 to June 30 of the following year.

      (Added to NRS by 2007, 2968; R 2011, 2563; R 2013, 3347, effective January 1, 2014)

      NRS 701B.110  “Public and other property” defined. [Effective through December 31, 2013.]

      1.  “Public and other property” means any real property, building or facilities which are 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 facilities which are owned, leased or occupied by:

      (a) A church; or

      (b) A benevolent, fraternal or charitable lodge, society or association.

      3.  The term does not include school property.

      (Added to NRS by 2007, 2968; R 2011, 2563; R 2013, 3347, effective January 1, 2014)

      NRS 701B.120  “Public entity” defined. [Effective through December 31, 2013.]  “Public entity” means a department, agency or instrumentality of the State or any of its political subdivisions.

      (Added to NRS by 2007, 2969; R 2011, 2563; R 2013, 3347, effective January 1, 2014)

      NRS 701B.130  “School property” defined. [Effective through December 31, 2013.]  “School property” means any real property, building or facilities which are 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, 2969; R 2011, 2563; R 2013, 3347, effective January 1, 2014)

      NRS 701B.140  “Small business” defined. [Effective through December 31, 2013.]  “Small business” means a business conducted for profit which employs 500 or fewer full-time or part-time employees.

      (Added to NRS by 2007, 2969; R 2011, 2563; R 2013, 3347, effective January 1, 2014)

      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 January 1, 2014, 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, effective January 1, 2014)

      NRS 701B.200  Regulations: Establishment of incentives and requirements for utility’s annual plan; exceptions; recovery of costs by utility. [Effective through December 31, 2013.]  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, except that the level or amount of an incentive available in a particular program year must not be based upon whether the incentive is for unused capacity reallocated from a past program year pursuant to paragraph (b) of subsection 2 of NRS 701B.260. The regulations must provide that the level or amount of the incentives must decline over time as the cost of solar energy systems and distributed generation systems decline.

      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; and

      (f) 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 pursuant to paragraph (b) of subsection 1 of NRS 701B.260.

      (Added to NRS by 2007, 2969; A 2009, 1383; R 2011, 2563; R 2013, 3347, effective January 1, 2026)

      NRS 701B.200  Regulations: Establishment of incentives and requirements for utility’s annual plan; recovery of costs by utility. [Effective January 1, 2014, 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, effective January 1, 2014; 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. [Effective through December 31, 2013.]  The Commission shall adopt regulations that establish:

      1.  The qualifications and requirements an applicant must meet to be eligible to participate in each applicable category of:

      (a) School property;

      (b) Public and other property; and

      (c) Private residential property and small business property; and

      2.  The form and content of the master application.

      (Added to NRS by 2007, 2969; A 2009, 1383; R 2011, 2563; 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 January 1, 2014, 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, effective January 1, 2014; R 2013, 3347, effective January 1, 2026)

      NRS 701B.220  Regulations: Establishment of incentives for participation. [Effective through December 31, 2013.]  In adopting regulations for the Solar Program, the Commission shall adopt regulations establishing an incentive for participation in the Solar Program.

      (Added to NRS by 2007, 2972; R 2011, 2563; 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 January 1, 2014, 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, effective January 1, 2014; 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, 2013.]

      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 for a program year.

      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; 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 January 1, 2014, 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, effective January 1, 2014; R 2013, 3347, effective January 1, 2026)

      NRS 701B.240  Creation of Solar Program; categories of participation; eligibility requirements. [Effective through December 31, 2013.]

      1.  The Solar Energy Systems Incentive Program is hereby created.

      2.  The Solar Program must have three categories as follows:

      (a) School property;

      (b) Public and other property; and

      (c) Private residential property and small business property.

      3.  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 Commission for inclusion in the Solar Program pursuant to NRS 701B.250 and 701B.255;

      (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; and

      (d) If the person will be participating in the Solar Program in the category of school property or public and other property, provide for the public display of the solar energy system, including, without limitation, providing for public demonstrations of the solar energy system and for hands-on experience of the solar energy system by the public.

      (Added to NRS by 2007, 2970; A 2009, 1383; R 2011, 2563; R 2013, 3347, effective January 1, 2026)

      NRS 701B.240  Creation of Solar Program; Commission required to establish categories of participation; eligibility requirements. [Effective January 1, 2014, 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, effective January 1, 2014; 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 of incentive; withdrawal of participant; forfeiture of incentive. [Effective through December 31, 2013.]

      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 may select the applicant for participation in the Solar Program.

      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 may 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 cost of the project and a calculation of the expected system output.

      5.  Upon receipt of the 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 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. An applicant who forfeits eligibility for the incentive for which the applicant was originally determined to be eligible may become eligible for an incentive only on the date on which the applicant completes the installation of the solar energy system, and the amount of the incentive for which such an applicant is eligible must be determined on the date on which the applicant completes the installation of the solar energy system.

      (Added to NRS by 2009, 1380; 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 January 1, 2014, 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, effective January 1, 2014; R 2013, 3347, effective January 1, 2026)

      NRS 701B.260  Capacity allocated to each category; reallocation of capacity; limitations on incentives. [Effective through December 31, 2013.]

      1.  Except as otherwise provided in this section, the Commission may approve, for:

      (a) The program year beginning July 1, 2009, solar energy systems:

             (1) Totaling 2,000 kilowatts of capacity for school property;

             (2) Totaling 760 kilowatts of capacity for public and other property; and

             (3) Totaling 1,000 kilowatts of capacity for private residential property and small business property; and

      (b) Each program year for the period beginning July 1, 2010, and ending on June 30, 2021, an additional 9 percent of the sum of the total allocated capacities of all the categories described in paragraph (a) which must be approved for distributed generation systems.

      2.  If the capacity allocated to any category for a program year is not fully subscribed by participants in that category, the Commission may, in any combination it deems appropriate:

      (a) Reallocate any of the unused capacity in that category to any of the other categories; or

      (b) Reallocate any of the unused capacity in that category to future program years within the same category.

      3.  To promote the installation of solar energy systems on as many school properties as possible, the Commission may not approve for use in the Solar Program a solar energy system having a generating capacity of more than 50 kilowatts if the solar energy system is or will be installed on school property on or after July 1, 2007, unless the Commission determines that approval of a solar energy system with a greater generating capacity is more practicable for a particular school property.

      4.  The Commission shall not authorize the payment of an incentive for the installation of a solar energy system or distributed generation system if:

      (a) For the period beginning July 1, 2010, and ending June 30, 2013, inclusive, the payment of the incentive would cause the total amount of incentives paid by a utility for the installation of solar energy systems and distributed generation systems to exceed $78,260,000; and

      (b) For the period beginning July 1, 2010, and ending June 30, 2021, the payment of the incentive would cause the total amount of incentives paid by a utility for the installation of solar energy systems and distributed generation systems to exceed $255,270,000.

      (Added to NRS by 2007, 2971; A 2009, 1384; R 2011, 2563; R 2013, 3347, effective January 1, 2014)

      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, 2013.]  If a solar energy system used by a participant in the Solar Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.

      (Added to NRS by 2007, 2972; R 2011, 2563; R 2013, 3347, effective January 1, 2026)

      NRS 701B.280  Participation in net metering. [Effective January 1, 2014, 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, effective January 1, 2014; 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, 2013.]  “Category” means one of the categories of participation in the Wind Demonstration Program as set forth in NRS 701B.580.

      (Added to NRS by 2007, 2993; A 2011, 2562; 2013, 3346)

      NRS 701B.440  “Category” defined. [Effective January 1, 2014, 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, effective January 1, 2014)

      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. [Effective through December 31, 2013.]  “Program year” means the period of July 1 to June 30 of the following year.

      (Added to NRS by 2007, 2993; A 2011, 2562; 2013, 3346; R 2013, 3347, effective January 1, 2014)

      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; categories of participation; eligibility requirements. [Effective through December 31, 2013.]

      1.  The Wind Energy Systems Demonstration Program is hereby created.

      2.  The Program must have four categories as follows:

      (a) School property;

      (b) Other public property;

      (c) Private residential property and small business property; and

      (d) Agricultural property.

      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;

      (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; and

      (c) If the person will be participating in the Program in the category of school property or other public property, provide for the public display of the wind energy system, including, without limitation, providing for public demonstrations of the wind energy system and for hands-on experience of the wind energy system by the public.

      (Added to NRS by 2007, 2993; A 2009, 1386; 2011, 2562, 2563; 2013, 3346, 3347, 3818)

      NRS 701B.580  Creation of Program; Commission required to establish categories of participation; eligibility requirements. [Effective January 1, 2014, 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, effective January 1, 2014)

      NRS 701B.590  Regulations. [Effective through December 31, 2013.]  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:

      1.  The capacity goals for the Program, which must be designed to meet the goal of the Legislature of the installation of not less than 5 megawatts of wind energy systems in this State by 2012 and the goals for each category of the Program.

      2.  A system of incentives that are based on rebates that decline as the capacity goals for the Program and the goals for each category of the Program are met. The rebates must be based on predicted energy savings.

      3.  The procedure for claiming incentives, including, without limitation, the form and content of the incentive claim form.

      (Added to NRS by 2007, 2994; A 2009, 1386; 2011, 2562, 2563; 2013, 3346, 3347, 3818)

      NRS 701B.590  Regulations: Establishment of capacity goals and incentives; continued payment of incentives. [Effective January 1, 2014, 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, effective January 1, 2014)

      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, 2013.]

      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 for the following program year.

      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, 3346, 3347, 3818)

      NRS 701B.610  Duty of utility to file annual plan; review and approval of annual plan by Commission. [Effective January 1, 2014, 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, effective January 1, 2014)

      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, 2013.]

      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 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. An applicant who forfeits eligibility for the incentive for which the applicant was originally determined to be eligible may become eligible for an incentive only on the date on which the applicant completes the installation of the wind energy system, and the amount of the incentive for which such an applicant is eligible must be determined on the date on which the applicant completes the installation of the wind energy system.

      (Added to NRS by 2009, 1381; A 2011, 2563; 2013, 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 January 1, 2014, 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, effective January 1, 2014)

      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, 2013.]  If a wind energy system used by a participant in the Wind Demonstration Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate 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, 3346)

      NRS 701B.650  Participation in net metering. [Effective January 1, 2014, 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, effective January 1, 2014)

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. [Effective through December 31, 2013.]  “Program year” means the period of July 1 to June 30 of the following year.

      (Added to NRS by 2007, 2997; A 2011, 1944, 2562; 2013, 3346, 3818; R 2013, 3347, effective January 1, 2014)

      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. [Effective through December 31, 2013.]  The Commission shall adopt regulations that establish:

      1.  The capacity goals for the Program, which must be designed to meet the goal of the Legislature of the installation of not less than 5 megawatts of waterpower energy systems in this State by 2016 and the goals for each category of the Program. The regulations must provide that not less than 1 megawatt of capacity must be set aside for the installation of waterpower energy systems with a nameplate capacity of 100 kilowatts or less.

      2.  A system of incentives that are based on rebates that decline as the capacity goals for the Program and the goals for each category of the Program are met. The rebates must be based on predicted energy savings.

      3.  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, 3346, 3347, 3818)

      NRS 701B.840  Regulations: Establishment of capacity goals and incentives. [Effective January 1, 2014, 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, effective January 1, 2014)

      NRS 701B.850  Duty of utility to file annual plan; review of annual plan by Commission. [Effective through December 31, 2013.]

      1.  On or before February 21, 2008, and on or before February 1 of each subsequent year, each utility shall file with the Commission for approval an annual plan for the administration and delivery of the Waterpower Demonstration Program for the program year beginning July 1, 2008, and each subsequent year thereafter.

      2.  On or before July 1, 2008, and on or before each July 1 of each subsequent year, the Commission shall review the annual plan for compliance with the requirements set forth by regulation of the Commission.

      (Added to NRS by 2007, 2997; A 2009, 1389; 2011, 1944, 2562, 2563; 2013, 3346, 3347, 3818)

      NRS 701B.850  Duty of utility to file annual plan; review and approval of annual plan by Commission. [Effective January 1, 2014, 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, effective January 1, 2014)

      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. [Effective through December 31, 2013.]

      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 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 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. An applicant who forfeits eligibility for the incentive for which the applicant was originally determined to be eligible may become eligible for an incentive only on the date on which the applicant completes the construction of the waterpower energy system, and the amount of the incentive for which such an applicant is eligible must be determined on the date on which the applicant completes the construction of the waterpower energy system.

      (Added to NRS by 2009, 1382; A 2011, 1944, 2563; 2013, 3347, 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 January 1, 2014, 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, effective January 1, 2014)

      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, 2013.]  If the waterpower energy system used by a participant in the Waterpower Demonstration Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate 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, 3346, 3818)

      NRS 701B.880  Participation in net metering. [Effective January 1, 2014, 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, effective January 1, 2014)

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)