[Rev. 8/22/2025 11:15:28 AM]
κ2025 Statutes of Nevada, Page 1723κ
Assembly Bill No. 458Assemblymember Watts
CHAPTER 254
[Approved: June 5, 2025]
AN ACT relating to energy; authorizing the users of a solar-powered affordable housing system to participate in net metering; exempting the owner or operator of a solar-powered affordable housing system from certain provisions of law; requiring the owner or landlord of a qualified multifamily affordable housing property to notify residents and new tenants of certain information relating to a solar-powered affordable housing system; making certain provisions governing public works applicable to contracts for construction work related to certain solar-powered affordable housing systems; establishing requirements for a tariff or contract relating to a solar-powered affordable housing system; revising provisions governing the administration of net metering; revising provisions relating to an expanded solar access program which certain electric utilities are required to offer; revising certain contractual requirements for an agreement for the purchase or lease of a solar-powered affordable housing system; imposing various requirements and restrictions on a contractor who performs work concerning a residential photovoltaic system used to produce electricity on a qualified multifamily affordable housing property; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each electric utility in this State to offer net metering to customer-generators operating in the service area of the utility. (NRS 704.773) Existing law defines net metering to mean measuring the difference between the electricity supplied by a utility and the electricity generated by certain customers which is fed back to the utility. (NRS 704.769) Sections 13 and 14 of this bill authorize the users of a solar-powered affordable housing system to participate in net metering. Sections 2-8 of this bill define certain terms related to solar-powered affordable housing systems. Section 11 of this bill excludes persons who own or operate a solar-powered affordable housing system from the definition of public utility. Section 12 of this bill makes a conforming change to make the definitions set forth in sections 2-8 applicable to the provisions of existing law governing net metering.
Sections 15 and 16 of this bill revise existing provisions governing net metering to provide for the administration of net metering with respect to solar-powered affordable housing systems, including the measuring of net electricity produced or consumed and the awarding of credit for excess electricity produced by a solar-powered affordable housing system. Sections 9 and 10 of this bill establish certain requirements for any tariff or contract which relates to a solar-powered affordable housing system. Section 9.3 of this bill requires an application to qualify for the tariff submitted to the utility by an owner or operator of a solar-powered affordable housing system to include certain supporting documentation which shows that the system is part of a qualified multifamily affordable housing property. Section 9.7 of this bill requires the owner of a solar-powered affordable housing system, in the initial application for the tariff which the owner submits to the utility, to inform the utility of the proper allocation of capacity and its associated production to customer-generators of the system. Section 18 of this bill provides that, with certain exceptions, certain provisions governing the rates charged for the provision of electric service by the landlord of a manufactured home park or mobile home park or owner of a company town do not apply to the owner or operator of a solar-powered affordable housing system.
κ2025 Statutes of Nevada, Page 1724 (CHAPTER 254, AB 458)κ
Section 10.3 of this bill requires the owner or landlord of a qualified multifamily affordable housing property to notify residents and new tenants of certain information relating to a solar-powered affordable housing system that is on the premises or to be installed on the premises.
Section 10.7 of this bill provides that certain provisions governing public works apply to any contract for construction work related to a solar-powered affordable housing system financed in whole or in part by a state or local government, even if the construction work does not qualify as a public work.
Existing law requires: (1) certain electric utilities in this State to offer an expanded solar access program to residential customers and to certain nonresidential customers who consume less than 10,000 kilowatt-hours of electricity per month; (2) the Public Utilities Commission of Nevada to adopt certain regulations for the implementation of the expanded solar access program; and (3) an electric utility to submit a plan for the implementation of the expanded solar access program. Under existing law, the customers who are eligible to participate in an expanded solar access program are: (1) low-income residential customers; (2) certain disadvantaged businesses and nonprofit organizations; and (3) certain residential customers who cannot install solar resources on the premises of the customer. In implementing the expanded solar access program, an electric utility is required to: (1) make use of at least a certain number of community-based solar resources; and (2) provide participating low-income residential customers with a lower rate. (NRS 704.7865)
Section 17 of this bill: (1) revises the criteria for eligibility so that only low-income residential customers are eligible to participate in an expanded solar access program; and (2) requires customers who are supported with certain funding from the Nevada Clean Energy Fund to comply with certain requirements. Section 17 also authorizes such a participating customer to remain continuously enrolled in the program without having to reapply. For community-based solar resources, section 17: (1) increases the maximum nameplate capacity from not more than 1 megawatt to not more than 5 megawatts; (2) requires a process for open bidding or requests for proposals for the selection of sites; (3) requires prioritizing the selection of sites that provide resiliency for the electric grid and benefits for the community; and (4) requires construction of additional community-based solar resources in proportion to increased participation in the expanded solar access program.
Existing law: (1) imposes certain requirements on solar installation companies that sell and install distributed generation systems in this State; (2) prescribes certain contractual requirements for an agreement for the purchase or lease of a distributed generation system and a power purchase agreement; and (3) provides that the violation of those provisions relating to distributed generation systems constitutes a deceptive trade practice. (NRS 598.9801-598.9822) Sections 1 and 19-25 of this bill make these provisions applicable to solar-powered affordable housing systems.
Existing law: (1) prohibits a person from performing any work on, or providing a bid for or executing a contract to perform such work on, a residential photovoltaic system used to produce electricity on a single-family residence unless the person holds a license issued by the State Contractors Board or is an employee of such a person; (2) imposes certain requirements on contractors who perform work on such systems; (3) establishes requirements for contracts for such work; (4) prohibits or limits certain practices related to such work and contracts; and (5) authorizes certain penalties and disciplinary action for violations of these provisions. (NRS 624.830-624.895) Sections 23, 26 and 29-35 of this bill make these provisions applicable to a residential photovoltaic system, including a solar-powered affordable housing system, located on a qualified multifamily affordable housing property.
Section 28 of this bill requires a general building contractor, in the case of a contract for work concerning a residential photovoltaic system to produce electricity on a qualified multifamily affordable housing property, to provide to the owner of the property certain information relating to subcontractors on the project, certain persons who furnished material for the project and liens.
κ2025 Statutes of Nevada, Page 1725 (CHAPTER 254, AB 458)κ
Existing law authorizes the State Contractors Board to require a contractor who performs work concerning a residential photovoltaic system used to produce electricity to obtain performance and payment bonds if the contractor: (1) is determined by the Board to have committed certain violations; (2) enters into a contract that is later found to be void and unenforceable against an owner; or (3) has five valid complaints filed against him or her with the Board within a 15-day period. (NRS 624.270) Sections 23 and 28 make this provision applicable to a contractor who performs work on a solar-powered affordable housing system located on a qualified multifamily affordable housing property.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 701.540 is hereby amended to read as follows:
701.540 The Legislature hereby declares that each natural person who is a resident of this State has the right to:
1. Generate, consume and export renewable energy and reduce his or her use of electricity that is obtained from the grid.
2. Use technology to store energy at his or her residence.
3. If the person generates renewable energy pursuant to subsection 1, or stores energy pursuant to subsection 2, or any combination thereof, be allowed to connect his or her system that generates renewable energy or stores energy, or any combination thereof, with the electricity meter on the customers side that is provided by an electric utility or any other person named and defined in chapters 704, 704A and 704B of NRS:
(a) In a timely manner;
(b) In accordance with requirements established by the electric utility to ensure the safety of utility workers; and
(c) After providing written notice to the electric utility providing service in the service territory and installing a nomenclature plate on the electrical meter panel indicating that a system that generates renewable energy or stores energy, or any combination thereof, is present if the system:
(1) Is not used for exporting renewable energy past the electric utility meter on the customers side; and
(2) Meets all applicable state and local safety and electrical code requirements.
4. Fair credit for any energy exported to the grid.
5. Consumer protections in contracts for renewable energy pursuant to NRS 598.9801 to 598.9822, inclusive [.] , and sections 20 and 21 of this act.
6. Have his or her generation of renewable energy given priority in planning and acquisition of energy resources by an electric utility.
7. Except as otherwise provided in NRS 704.7725 or 704.7732, remain within the existing broad rate class to which the resident would belong in the absence of a net metering system or a system that generates renewable energy or stores energy, or any combination thereof, without any fees or charges that are different than the fees and charges assessed to customers of the same rate class, regardless of the technologies on the customers side of the electricity meter, including, without limitation, energy production, energy savings, energy consumption, energy storage or energy shifting technologies, provided that such technologies do not compromise the safety and reliability of the utility grid.
κ2025 Statutes of Nevada, Page 1726 (CHAPTER 254, AB 458)κ
Sec. 1.5. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10.7, inclusive, of this act.
Sec. 2. Active affordability covenant means a covenant, condition or restriction contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property, which:
1. Establishes a period during which the covenant, condition or restriction is active; and
2. During the period described in subsection 1, limits the amount of any rent and utility charges that may be charged to a natural person or household:
(a) Who has an income of:
(1) Not more than 80 percent of the area median income based on the guidelines published by the United States Department of Housing and Urban Development; or
(2) Not more than 150 percent of the federally designated level signifying poverty as provided in the most recent federal poverty guidelines published in the Federal Register by the United States Department of Health and Human Services; or
(b) Which qualifies as a low-income family pursuant to 42 U.S.C. § 1437a(b)(2).
Sec. 3. Allocation means the net metering credits for each kilowatt-hour of excess electricity generated by the solar-powered affordable housing system that are attributed to one of the users of the solar-powered affordable housing system.
Sec. 4. Net metering credits means the credit, expressed in terms of the number of kilowatt-hours, that the utility is required to allocate to a customer-generator for each kilowatt-hour of excess electricity governed by paragraph (c) of subsection 2 of NRS 704.775 that is generated by the customer-generator.
Sec. 5. Qualified low-income residential building means a residential rental building which participates in:
1. A federal covered housing program, as defined in 34 U.S.C. § 12491(a)(3), and is wholly or partially financed by or otherwise connected to a grant or program under:
(a) Section 202 of the Housing Act of 1959, as amended, 12 U.S.C. § 1701q;
(b) Section 811 or sections 851 to 863, inclusive, of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. § 8013 or §§ 12901 et seq.;
(c) The McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. §§ 11360 et seq., including, without limitation, the Emergency Solutions Grants Program, Continuum of Care Program and Rural Housing Stability Assistance Program;
(d) The HOME Investment Partnerships Act, 42 U.S.C. §§ 12741 et seq.;
(e) Section 8 or 9 of the United States Housing Act of 1937, 42 U.S.C. § 1437f or 1437g, and any regulations adopted pursuant thereto, or pursuant to any successor program, including, without limitation, programs for project-based rental assistance, moderate rehabilitation and moderate rehabilitation single-room occupancy;
κ2025 Statutes of Nevada, Page 1727 (CHAPTER 254, AB 458)κ
(f) A low-income housing credit received pursuant to 26 U.S.C. § 42;
(g) Section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, 12 U.S.C. § 4568; or
(h) The following programs administered by the Secretary of Veterans Affairs:
(1) The programs for comprehensive services to homeless veterans set forth in 38 U.S.C. §§ 2011-2016;
(2) The program to assist homeless veterans set forth in 38 U.S.C. § 2061; and
(3) The programs to provide financial assistance and supportive services for very low-income veteran families in permanent housing set forth in 38 U.S.C. §§ 2041 et seq.;
2. A housing assistance program administered by the United States Department of Agriculture under Title V of the federal Housing Act of 1949, Public Law 81-171, as amended, and is wholly or partially financed by or otherwise connected to a grant or program under section 514, 515, 516, 521, 533 or 538 of the Housing Act of 1949, 42 U.S.C. § 1484, 1485, 1486, 1490a, 1490m or 1490p-2, including, without limitation, programs for multifamily preservation and revitalization or multifamily housing rental assistance;
3. A housing program administered by a tribally designated housing entity, as defined in 25 U.S.C. § 4103(22); or
4. Such other affordable housing programs as federal, state or local law may provide.
Sec. 6. Qualified low-income residential building project means an energy facility that:
1. Is installed on the premises of a qualified low-income residential building; and
2. For which the financial benefits of the electricity produced by the energy facility are allocated equitably among the occupants of the dwelling units of the qualified low-income residential building.
Sec. 7. Qualified multifamily affordable housing property:
1. Means a multifamily residential property with at least five rental housing units or, for a housing program administered by a tribally designated housing entity, as defined in 25 U.S.C. § 4103(22), two rental housing units, that:
(a) Contains one or more qualified low-income residential buildings:
(1) That are part of a single low-income housing development; and
(2) In which not less than 80 percent of the rental housing units have active affordability covenants; and
(b) Consists of tenant housing units, which may be individually metered and the occupants of which may maintain individual customer accounts with the utility, along with common areas served by one or more common meters under the customer account of the property owner.
2. In the case of a mixed-use property, does not include any independent commercial units on the premises that are not appurtenant to the housing use.
Sec. 8. Solar-powered affordable housing system means an energy system for the generation of electricity that:
1. Uses renewable energy as its primary source of energy to generate electricity;
κ2025 Statutes of Nevada, Page 1728 (CHAPTER 254, AB 458)κ
2. Has a generating capacity of not more than 1 megawatt;
3. Is a qualified low-income residential building project that is located on a qualified multifamily affordable housing property;
4. Operates in parallel with the utilitys transmission and distribution facilities;
5. Is owned by the landlord or another third party that equitably allocates the capacity and associated production of the energy system to each of the individually metered units or common areas within the qualified multifamily affordable housing property;
6. Is intended primarily to offset part or all of the qualified multifamily affordable housing propertys requirements for electricity, subject to the following maximum allocations:
(a) In the case of common-area meters, a capacity that is sized to supply not more than 100 percent of the metered historic usage or reasonably expected future usage; and
(b) In the case of meters serving tenant units, a capacity of not more than 25 kilowatts per unit; and
7. Is net metered by the utility by allocating net metering credits either to common-area meters or to individually metered accounts, or both, that receive an allocation, according to the allocation schedule provided by the owner of the energy system, without requiring the energy system to be physically interconnected with the meter of each user.
Sec. 9. Any tariff or contract which relates to a solar-powered affordable housing system must include, without limitation:
1. The particular limitations and responsibilities of a customer-generator who is an owner of a solar-powered affordable housing system, a customer-generator who is a user of a solar-powered affordable housing system and the utility.
2. A provision authorizing the allocation by the owner of a solar-powered affordable housing system, in consultation with the owner of the qualified multifamily affordable housing property where the solar-powered affordable housing system is located, of the financial benefits of the electricity produced by the solar-powered affordable housing system in a manner which ensures net metering credits are equitably allocated among the tenant units:
(a) As a percentage of system production in proportion to the size of each tenant unit measured in square feet; or
(b) In equal proportion to all tenant units, regardless of the size of each tenant unit.
Κ An equitable allocation of the financial benefits of the electricity produced by the solar-powered affordable housing system to the occupants does not preclude any allocation of the generation output to common-area accounts.
3. The manner in which the owner of a solar-powered affordable housing system is required to inform and update the utility on the proper allocation of capacity and its associated production to customer-generators of the solar-powered affordable housing system pursuant to section 9.7 of this act. The allocation of capacity and its associated production to customer-generators of the solar-powered affordable housing system must:
(a) Ensure that not less than 80 percent of the total allocation is reserved for tenant units. In the event a tenant unit is vacant, unallocated net metering credits for that unit that are designated for assignment to the account of the owner or a common-area account pursuant to paragraph (b) must not be considered for the purposes of this paragraph.
κ2025 Statutes of Nevada, Page 1729 (CHAPTER 254, AB 458)κ
net metering credits for that unit that are designated for assignment to the account of the owner or a common-area account pursuant to paragraph (b) must not be considered for the purposes of this paragraph.
(b) Provide the owner with the option to designate the assignment of unallocated net metering credits to either the account of the owner or a common-area account.
4. The manner in which a utility is required to meter and bill customer-generators who are allocated shares of the capacity of a solar-powered affordable housing system by way of the provision of net metering credits on the bill of a customer-generator.
5. Provisions governing the interconnection of a solar-powered affordable housing system to the system of the utility without requiring the meters of individual users, common-area meters or owners of the solar-powered affordable housing system to be directly interconnected to the solar-powered affordable housing system, including, without limitation, fees for interconnections, procedures and timelines that are consistent with the procedures and timelines established for other net metering systems.
6. Provisions for the allocation of net metering credits for each kilowatt-hour of excess electricity, for a system that has a capacity of:
(a) Not more than 25 kilowatts, in accordance with NRS 704.7732; and
(b) More than 25 kilowatts but not more than 1 megawatt, in accordance with applicable requirements for a net metering tariff and a standard net metering contract established by the Commission pursuant to NRS 704.773.
7. Provisions governing fees or other charges which the utility may impose on an owner or user of a solar-powered affordable housing system, which:
(a) Must prohibit the utility from imposing any:
(1) Monthly fee or charge on an owner or user of a solar-powered affordable housing system for the provision of net metering credits.
(2) Fee or charge on a user of a solar-powered affordable housing system to initiate the allocation of net metering credits.
(3) Fee or charge on the owner of a qualified multifamily affordable housing property, if the person is not the owner of the solar-powered affordable housing system, for the application to install a net metering system or to initiate the allocation of net metering credits.
(4) Fee or charge for a change to the occupancy of a tenant unit, unless there are two or more such changes to the same tenant unit in a 12-month period for which a fee or charge may be imposed pursuant to subparagraph (1) of paragraph (b).
(b) May impose:
(1) For the second and any subsequent change to the occupancy of the same tenant unit in a 12-month period, a fee or charge for remote connection of the tenant unit to the system which is associated with establishing service, billed to the owner of the solar-powered affordable housing system.
(2) A one-time fee or charge on the owner of a solar-powered affordable housing system to initiate the allocation of net metering credits for the solar-powered affordable housing system, in an amount which represents the lesser of $25 for each user or $500 for each solar-powered affordable housing system.
κ2025 Statutes of Nevada, Page 1730 (CHAPTER 254, AB 458)κ
8. Provisions governing the manner in which the utility will provide aggregated and anonymized data relating to net metering credits to the owner of the solar-powered affordable housing system, which must require the utility to provide such data on an annual basis and in a form which is sufficient to enable the owner to verify that users of the solar-powered affordable housing system are provided net metering credits accurately.
Sec. 9.3. An application to qualify for a tariff which relates to a solar-powered affordable housing system described in section 9 of this act submitted to the utility by an owner or operator of a solar-powered affordable housing system must include supporting documentation which shows that the system is part of a qualified multifamily affordable housing property. The documentation must include, without limitation:
1. A declaration of active affordability covenants and a statement regarding the portion of rental housing units that have active affordability covenants; or
2. A letter of verification from the appropriate entity with the authority and responsibility to grant federal, state or local funds pursuant to a program, law or regulation as described in section 5 of this act. The letter of verification must include, without limitation:
(a) A statement that the solar-powered affordable housing system is part of a qualified multifamily affordable housing property;
(b) A description of the type of funding which is granted;
(c) The date on which the funding was granted; and
(d) The number of rental housing units associated with the funding.
Sec. 9.7. 1. The owner of a solar-powered affordable housing system shall, in the initial application for a tariff which relates to a solar-powered affordable housing system described in section 9 of this act which the owner submits to the utility, inform the utility of the proper allocation of capacity and its associated production to customer-generators of the solar-powered affordable housing system.
2. The utility shall allow the owner of a solar-powered affordable housing system to submit at least annually updates on the proper allocation of capacity and its associated production to customer-generators of the solar-powered affordable housing system to reflect changes in occupancy, square footage, number of tenant units and other relevant factors.
Sec. 10. For any tariff or tariffs which relate to a solar-powered affordable housing system described in section 9 of this act, eligibility must be limited to a total capacity of not more than 50 megawatts.
Sec. 10.3. 1. In whatever manner is typically used by the owner or landlord of a qualified multifamily affordable housing property to communicate with residents and new tenants, as applicable, on matters related to common areas and utilities for the property, the owner or landlord shall:
(a) Not less than 30 days before a solar-powered affordable housing system is installed on an existing qualified multifamily affordable housing property, notify residents of occupied tenant units that a solar-powered affordable housing system will be installed on the premises of the qualified multifamily affordable housing property; and
(b) Notify each new tenant of the presence of the solar-powered affordable housing system on the premises.
κ2025 Statutes of Nevada, Page 1731 (CHAPTER 254, AB 458)κ
2. A notification required by subsection 1 must include, without limitation:
(a) The nameplate capacity of the solar-powered affordable housing system, the expected energy production of the system and a summary of the manner of making the equitable allocations required by the provisions described in subsection 2 of section 9 of this act;
(b) The particular limitations and responsibilities of a user of a solar-powered affordable housing system;
(c) The contact information for the utility; and
(d) The contact information for the appropriate entity with the authority and responsibility to grant federal, state or local funds pursuant to a program, law or regulation as described in section 5 of this act.
Sec. 10.7. The provisions of NRS 338.01165 and 338.013 to 338.090, inclusive, apply to any contract for construction work related to a solar-powered affordable housing system financed in whole or in part by a state or local government, even if the construction work does not qualify as a public work, as defined in NRS 338.010.
Sec. 11. NRS 704.021 is hereby amended to read as follows:
704.021 Public utility or utility does not include:
1. Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.
2. Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if:
(a) They serve 25 persons or less; and
(b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $25,000 or less during the immediately preceding 12 months.
3. Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.
4. Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.
5. Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive.
6. Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.
7. Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.
8. Persons who are video service providers, as defined in NRS 711.151, except for those operations of the video service provider which consist of providing a telecommunication service to the public, in which case the video service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.
κ2025 Statutes of Nevada, Page 1732 (CHAPTER 254, AB 458)κ
service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.
9. Persons who own or operate a net metering system described in paragraph (c) or (d) of subsection 1 of NRS 704.771.
10. Persons who own or operate a net metering system or systems described in paragraph (a) of subsection 1 of NRS 704.771 and deliver electricity to multiple persons, units or spaces on the premises if:
(a) The electricity is delivered only to persons, units or spaces located on the premises on which the net metering system or systems are located;
(b) The residential or commercial units or spaces do not have individual meters measuring electricity use by an individual unit or space; and
(c) Persons occupying the individual units or spaces are not charged for electricity based upon volumetric usage at the persons individual unit or space.
11. Persons who for compensation own or operate individual systems which use renewable energy to generate electricity and sell the electricity generated from those systems to not more than one customer of the public utility per individual system if each individual system is:
(a) Located on the premises of another person;
(b) Used to produce not more than 150 percent of that other persons requirements for electricity on an annual basis for the premises on which the individual system is located; and
(c) Not part of a larger system that aggregates electricity generated from renewable energy for resale or use on premises other than the premises on which the individual system is located.
Κ As used in this subsection, renewable energy has the meaning ascribed to it in NRS 704.7715.
12. Persons who own, control, operate or manage a facility that supplies electricity only for use to charge electric vehicles.
13. Any plant or equipment that is used by a data center to produce, deliver or furnish electricity at agreed-upon prices for or to persons on the premises of the data center for the sole purpose of those persons storing, processing or distributing data, but only with regard to those operations which consist of providing electric service. As used in this subsection, data center has the meaning ascribed to it in NRS 360.754.
Sec. 12. NRS 704.767 is hereby amended to read as follows:
704.767 As used in NRS 704.766 to 704.776, inclusive, and sections 2 to 10.7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7675 to 704.772, inclusive, and sections 2 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 13. NRS 704.768 is hereby amended to read as follows:
704.768 Customer-generator means a user of a net metering system [.] , including, without limitation:
1. The owner of a solar-powered affordable housing system; and
2. Any user of a solar-powered affordable housing system that includes, without limitation, tenant meters and common-area meters that receive an allocation of the capacity and associated production of the solar-powered affordable housing system, regardless of the legal ownership of the solar-powered affordable housing system.
κ2025 Statutes of Nevada, Page 1733 (CHAPTER 254, AB 458)κ
Sec. 14. NRS 704.771 is hereby amended to read as follows:
704.771 1. Net metering system means:
(a) A facility or energy system for the generation of electricity that:
(1) Uses renewable energy as its primary source of energy to generate electricity;
(2) Has a generating capacity of not more than 1 megawatt;
(3) Is located on the customer-generators premises;
(4) Operates in parallel with the utilitys transmission and distribution facilities; and
(5) Is intended primarily to offset part or all of the customer-generators requirements for electricity;
(b) A facility or energy system for the generation of electricity that:
(1) Uses waterpower as its primary source of energy to generate electricity;
(2) Is located on property owned by the customer-generator;
(3) Has a generating capacity of not more than 1 megawatt;
(4) Generates electricity that is delivered to the transmission and distribution facilities of the utility; and
(5) Is intended primarily to offset all or part of the customer-generators requirements for electricity on that property or contiguous property owned by the customer-generator; [or]
(c) A facility or energy system for the generation of electricity:
(1) Which uses wind power as its primary source of energy to generate electricity;
(2) Which is located on property owned or leased by an institution of higher education in this State;
(3) Which has a generating capacity of not more than 1 megawatt;
(4) Which operates in parallel with the utilitys transmission and distribution facilities;
(5) Which is intended primarily to offset all or part of the customer-generators requirements for electricity on that property or on contiguous property owned or leased by the customer-generator;
(6) Which is used for research and workforce training; and
(7) The construction or installation of which is commenced on or before December 31, 2011, and is completed on or before December 31, 2012 [.] ; or
(d) A solar-powered affordable housing system.
2. The term does not include a facility or energy system for the generation of electricity , other than a solar-powered affordable housing system, which has a generating capacity that exceeds the greater of:
(a) The limit on the demand that the class of customer of the customer-generator may place on the system of the utility; or
(b) One hundred percent of the customer-generators annual requirements for electricity.
Sec. 15. NRS 704.773 is hereby amended to read as follows:
704.773 1. A utility shall offer net metering in accordance with the provisions of NRS 704.766 to 704.776, inclusive, and sections 2 to 10.7, inclusive, of this act to the customer-generators operating within its service area.
κ2025 Statutes of Nevada, Page 1734 (CHAPTER 254, AB 458)κ
2. If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than 25 kilowatts, the utility:
(a) Shall offer to make available to the customer-generator an energy meter that is capable of registering the flow of electricity in two directions.
(b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.
(c) Except as otherwise provided in subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system.
(d) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.
3. If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than 25 kilowatts, the utility:
(a) May require the customer-generator or, if the net metering system is a solar-powered affordable housing system, the owner of the solar-powered affordable housing system to install at its own cost:
(1) An energy meter that is capable of measuring generation output and customer load; and
(2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.
(b) Except as otherwise provided in paragraph (d) and subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, customer, demand and facility charges.
(c) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.
(d) Shall not charge the customer-generator any standby charge.
4. At the time of installation or upgrade of any portion of a net metering system, the utility must allow a customer-generator or owner of the solar-powered affordable housing system, if applicable, governed by subsection 3 to pay the entire cost of the installation or upgrade of the portion of the net metering system.
5. Except as otherwise provided in subsections 2, 3 and 6 and NRS 704.7732, the utility shall not for any purpose assign a customer-generator to a rate class other than the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, for the purpose of any fee or charge.
6. If the net metering system of a customer-generator is a net metering system described in paragraph (b) or (c) of subsection 1 of NRS 704.771 and:
κ2025 Statutes of Nevada, Page 1735 (CHAPTER 254, AB 458)κ
(a) The system is intended primarily to offset part or all of the customer-generators requirements for electricity on property contiguous to the property on which the net metering system is located; and
(b) The customer-generator sells or transfers his or her interest in the contiguous property,
Κ the net metering system ceases to be eligible to participate in net metering.
7. A utility shall assess against a customer-generator:
(a) If applicable, the universal energy charge imposed pursuant to NRS 702.160; and
(b) Any charges imposed pursuant to chapter 701B of NRS or NRS 704.7827 or 704.785 which are assessed against other customers in the same rate class as the customer-generator.
Κ For any such charges calculated on the basis of a kilowatt-hour rate, the customer-generator must only be charged with respect to kilowatt-hours of energy delivered by the utility to the customer-generator.
8. The Commission and the utility must allow a customer-generator who accepts the offer of the utility for net metering to continue net metering pursuant to NRS 704.766 to 704.776, inclusive, and sections 2 to 10.7, inclusive, of this act at the location at which the net metering system is originally installed for 20 years. For the purposes of this subsection, to continue net metering includes, without limitation:
(a) Retaining the percentage set forth in subsection 3 of NRS 704.7732 to be used to determine the credit for electricity governed by paragraph (c) of subsection 2 of NRS 704.775, which is applicable to the customer-generator; and
(b) Replacing the originally installed net metering system, as needed, at any time before 20 years after the date of the installation of the originally installed net metering system.
9. The Commission shall adopt regulations prescribing the form and substance for a net metering tariff and a standard net metering contract. The regulations must include, without limitation:
(a) The particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to:
(1) Metering equipment;
(2) Net energy metering and billing; and
(3) Interconnection,
Κ based on the allowable size of the net metering system.
(b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.
(c) A timeline for processing applications and contracts for net metering applicants.
(d) Any other provisions the Commission finds necessary to carry out the provisions of NRS 704.766 to 704.776, inclusive [.] , and sections 2 to 10, inclusive, of this act.
Sec. 16. NRS 704.775 is hereby amended to read as follows:
704.775 1. The billing period for net metering must be a monthly period.
2. The net energy measurement must be calculated in the following manner:
κ2025 Statutes of Nevada, Page 1736 (CHAPTER 254, AB 458)κ
(a) The utility shall measure, in kilowatt-hours, the net electricity produced or consumed during the billing period [,] :
(1) For a net metering system that serves only one meter, in accordance with normal metering practices.
(2) For a solar-powered affordable housing system that serves multiple meters, by measuring the total generation output of the solar-powered affordable housing system using a production meter. The utility shall, for capacity allocations, calculate the total kilowatt-hour output associated with each users allocated share of the solar-powered affordable housing systems production and deduct the allocated total kilowatt-hour output from each users total measured consumption.
(b) If the electricity supplied by the utility exceeds the electricity generated by the customer-generator , or the customer-generators allocated share of the electricity generated by a solar-powered affordable housing system, which is fed back to the utility during the billing period, the customer-generator must be billed for the net electricity supplied by the utility.
(c) Except as otherwise provided in NRS 704.7732, if the electricity generated by the customer-generator , or the customer-generators allocated share of the electricity generated by a solar-powered affordable housing system, which is fed back to the utility exceeds the electricity supplied by the utility during the billing period:
(1) Neither the utility nor the customer-generator is entitled to compensation for the electricity provided to the other during the billing period.
(2) The excess electricity which is fed back to the utility during the billing period is carried forward to the next billing period as an addition to the kilowatt-hours generated by the customer-generator in that billing period. If the customer-generator is billed for electricity pursuant to a time-of-use rate schedule, the excess electricity carried forward must be added to the same time-of-use period as the time-of-use period in which it was generated unless the subsequent billing period lacks a corresponding time-of-use period. In that case, the excess electricity carried forward must be apportioned evenly among the available time-of-use periods.
(3) Excess electricity may be carried forward to subsequent billing periods indefinitely, but a customer-generator is not entitled to receive compensation for any excess electricity that remains if:
(I) The net metering system ceases to operate or is disconnected from the utilitys transmission and distribution facilities;
(II) The customer-generator ceases to be a customer of the utility at the premises served by the net metering system; or
(III) The customer-generator transfers the net metering system to another person.
(4) The value of the excess electricity must not be used to reduce any other fee or charge imposed by the utility.
3. If the cost of purchasing and installing a net metering system was paid for:
(a) In whole or in part by a utility, the electricity generated by the net metering system shall be deemed to be electricity that the utility generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard pursuant to NRS 704.7801 to 704.7828, inclusive.
κ2025 Statutes of Nevada, Page 1737 (CHAPTER 254, AB 458)κ
(b) Entirely by a customer-generator, including, without limitation, a customer-generator that is the owner of a solar-powered affordable housing system, the Commission shall issue to the customer-generator 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 electricity generated by the net metering system.
4. A bill for electrical service is due at the time established pursuant to the terms of the contract between the utility and the customer-generator.
Sec. 17. NRS 704.7865 is hereby amended to read as follows:
704.7865 1. An electric utility shall offer an expanded solar access program to low-income eligible customers within its service area in accordance with the provisions of this section. The size of the expanded solar access program shall not exceed:
(a) For an electric utility that primarily serves densely populated counties, a total capacity of 240,000 megawatt-hours; and
(b) For an electric utility that primarily serves less densely populated counties, a total capacity of 160,000 megawatt-hours.
2. The Commission shall adopt regulations establishing standards for the expanded solar access program. The regulations must:
(a) Advance the development of solar energy resources in this State, including, without limitation, utility scale and community-based solar resources;
(b) Provide for the expanded solar access program to include a reasonable mixture of community-based solar resources and utility scale solar resources;
(c) [Provide a plan for community participation in the siting and naming of community-based solar resources;] For community-based solar resources:
(1) Require a process for open bidding or requests for proposals for the selection of sites for community-based solar resources;
(2) Prioritize the selection of sites for community-based solar resources that provide resiliency for the electric grid and benefits for the community; and
(3) Require construction of additional community-based solar resources in proportion to increased participation in the expanded solar access program;
(d) Provide for solar workforce innovations and opportunity programs related to the construction, maintenance and operation of solar resources, including opportunities for workforce training, apprenticeships or other job opportunities at community-based solar resources;
(e) Provide for equitably broadened access to solar energy;
(f) Provide for the creation of an expanded solar access program rate for participating low-income eligible customers that:
(1) Is based, among other factors, on a new utility scale solar resource accepted by the Commission in an order issued pursuant to NRS 704.751, as approved by the Commission;
(2) Is a fixed rate that replaces the base tariff energy rate and deferred accounting adjustment charged by the electric utility for participating low-income eligible customers and which is adjusted in accordance with the Commissions quarterly calculations;
κ2025 Statutes of Nevada, Page 1738 (CHAPTER 254, AB 458)κ
(3) [For low-income eligible customers, provides] Provides for a lower rate, the cost of which must be allocated across all of the rate classes of the utility; and
(4) [For eligible customers who are not low-income eligible customers, provides stability and predictability and the opportunity for a lower rate; and
(5)] Includes [for all participating customers] any other applicable charges including, without limitation, the universal energy charge, franchise fees, the renewable energy program rate and base tariff general rates, except that the Commission [may] :
(I) May reduce one or more of these charges for participating low-income eligible customers to ensure that such customers receive a lower rate pursuant to subparagraph (3); and
(II) For a participating low-income eligible customer who is supported with specific funding from the Nevada Clean Energy Fund established pursuant to NRS 701B.985 relating to a Solar for All program, shall require the participating low-income eligible customer to achieve the energy savings required for such funding;
(g) Establish a process for identifying noncontiguous geographic locations for community-based solar resources which, to the extent practicable, must be located in communities with higher levels of low-income eligible customers;
(h) Provide for the use of at least one utility scale solar resource and at least three but not more than ten community-based solar resources within the service territory of the electric utility;
(i) Require not less than 50 percent of the employees engaged or anticipated to be engaged in construction of community-based solar resources to be residents of this State, which residency may be demonstrated, without limitation, by a notarized statement of the employee that he or she is a resident of this State;
(j) Provide for a mechanism for the host sites of community-based solar resources to receive compensation from the utility for the use of such site;
(k) Provide for the use of a combination of new and other renewable energy facilities, which may be either utility scale or community-based solar resources, that were submitted to the Commission for approval after May 1, 2018, and that were not placed into operation before April 1, 2020;
(l) Provide for an application and selection process for low-income eligible customers to participate in the program;
(m) Ensure reasonable and equitable participation by low-income eligible customers within the service area of the electric utility;
(n) Ensure that low-income eligible customers are able to participate in the program regardless of whether the customer owns, rents or leases the customers premises;
(o) [Require that:
(1) Twenty-five percent of the capacity of the program, as provided in subsection 1, be reserved for low-income eligible customers;
(2) Twenty-five percent of the capacity of the program, as provided in subsection 1, be reserved for disadvantaged businesses and nonprofit organizations; and
(3) Fifty percent of the capacity of the program, as provided in subsection 1, be reserved for eligible customers who are fully bundled residential customers who own, rent or lease their residence and who certify in a statement which satisfies the requirements established by the Commission pursuant to paragraph (p) that they cannot install solar resources on their premises; and
κ2025 Statutes of Nevada, Page 1739 (CHAPTER 254, AB 458)κ
residential customers who own, rent or lease their residence and who certify in a statement which satisfies the requirements established by the Commission pursuant to paragraph (p) that they cannot install solar resources on their premises; and
(p)] Establish the requirements for a fully bundled residential customer to certify that he or she cannot install solar resources on his or her premises; and
[(q)] (p) Establish standards for the form, content and manner of submission of an electric utilitys plan for implementing the expanded solar access program.
3. An electric utility shall file a plan for implementing the expanded solar access program in accordance with the regulations adopted by the Commission pursuant to subsection 2.
4. The Commission shall review the plan for the implementation of the expanded solar access program submitted pursuant to subsection 3 and issue an order approving, with or without modifications, or denying the plan within 210 days. The Commission may approve the plan if it finds that the proposed expanded solar access program complies with the regulations adopted by the Commission pursuant to subsection 2.
5. In administering the provisions of this section, the electric utility and the Commission shall establish as the preferred sites for utility scale development of solar energy resources pursuant to this section brownfield sites and land designated by the Secretary of the Interior as Solar Energy Zones and held by the Bureau of Land Management.
6. As used in this section:
(a) Brownfield site has the meaning ascribed to it in 42 U.S.C. § 9601.
(b) Community-based solar resource means a solar resource which has a nameplate capacity of not more than [1 megawatt] 5 megawatts and is owned and operated by the electric utility and connected to and used as a component of the distribution system of the electric utility [.] , and may include resources for the storage of energy.
(c) [Disadvantaged business means a business for which:
(1) Fifty-one percent or more of the owners are women, veterans, members of a racial or ethnic minority group or otherwise part of a traditionally underrepresented group; and
(2) None of the owners has a net worth of more than $250,000, not including the equity held in the business or in a primary residence.
(d)] Electric utility has the meaning ascribed to it in NRS 704.187.
[(e)] (d) Electric utility that primarily serves densely populated counties has the meaning ascribed to it in NRS 704.110.
[(f)] (e) Electric utility that primarily serves less densely populated counties has the meaning ascribed to it in NRS 704.110.
[(g) Eligible customer means:
(1) A fully bundled general service customer; or
(2) A fully bundled residential customer of a utility.
(h)] (f) Fully bundled residential customer means a customer of an electric utility who receives energy, transmission, distribution and ancillary services from an electric utility [.
(i) Fully bundled general service customer means a fully bundled customer who is a nonresidential customer with a kilowatt-hour consumption that does not exceed 10,000 kilowatt-hours per month.
κ2025 Statutes of Nevada, Page 1740 (CHAPTER 254, AB 458)κ
(j) Fully bundled residential customer means a fully bundled customer who] and is a single-family or a multifamily residential customer.
[(k)] (g) Low-income eligible customer means a natural person or household who is a fully bundled residential customer of a utility and has an income of not more than 80 percent of the area median income based on the guidelines published by the United States Department of Housing and Urban Development.
[(l)] (h) Solar Energy Zone means an area identified and designated by the Bureau of Land Management as an area well-suited for utility-scale production of solar energy, and where the Bureau of Land Management will prioritize solar energy and associated transmission infrastructure development.
[(m)] (i) Solar resource means a facility or energy system that uses a solar photovoltaic device to generate electricity.
[(n)] (j) Solar workforce innovations and opportunity program means a workforce education, training and job placement program developed by the Department of Employment, Training and Rehabilitation and its appropriate regional industry or sector partnership, if applicable, in conjunction with potential employers and community stakeholders.
[(o)] (k) Utility scale solar resource means a solar resource which has a nameplate capacity of at least 50 megawatts and is interconnected directly to a substation of the electric utility through a generation step-up transformer.
Sec. 18. NRS 704.940 is hereby amended to read as follows:
704.940 1. In a manufactured home park, mobile home park or company town where the landlord or owner is billed by a gas or electric utility or an alternative seller and in turn charges the tenants or occupants of the dwellings for the service provided by the utility or alternative seller, and the park or town:
(a) Is equipped with individual meters for each lot, the landlord or owner shall not charge a tenant or occupant for that service at a rate higher than the rate paid by the landlord or owner.
(b) Is not equipped with individual meters for each lot, the landlord or owner shall prorate the cost of the service equally among the tenants of the park or occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord or owner.
2. In a manufactured home park, mobile home park or company town that:
(a) Is equipped with individual water meters for each lot, the individual meters must be read and billed by the purveyor of the water.
(b) Is not equipped with individual water meters for each lot and the landlord or owner is billed by the purveyor of the water and in turn charges the tenants or occupants of the dwellings for the service provided by the purveyor, the landlord or owner shall prorate the cost of the service equally among the tenants of the park or occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord or owner.
Κ The landlord or owner of a manufactured home park or mobile home park that converts from a master-metered water system to individual water meters for each mobile home lot shall not charge or receive any fee, surcharge or rent increase to recover from the landlords or owners tenants the costs of the conversion.
κ2025 Statutes of Nevada, Page 1741 (CHAPTER 254, AB 458)κ
rent increase to recover from the landlords or owners tenants the costs of the conversion. The owner of a company town that is not equipped with individual water meters shall not convert from the master-metered water system to individual water meters.
3. To the extent that the cost of providing a utility service to the common area of a manufactured home park, mobile home park or company town can be identified, the landlord or owner may not recover the cost of the utility service provided to the common area by directly charging a tenant or the occupant of a dwelling for those services.
4. The landlord of a manufactured home park or mobile home park or owner of a company town may assess and collect a charge to reimburse the landlord or owner for the actual cost of the service charge the landlord or owner is required to pay to a water utility serving the park or town. If the landlord or owner collects such a charge, the landlord or owner shall prorate the actual cost of the service charge to the tenants or occupants of dwellings who use the service. The landlord or owner shall not collect more than the aggregate cost of the service to the landlord or owner.
5. The landlord may assess and collect a service charge from the tenants of the park for the provision of gas and electric utility services, but the amount of the charge must not be more than the tenants would be required to pay the utility or alternative seller providing the service. The landlord shall:
(a) Keep the money from the service charges in a separate account and expend it only for federal income taxes which must be paid as a result of the collection of the service charge, for preventive maintenance or for repairing or replacing utility lines or equipment when ordered or granted permission to do so by the Commission; and
(b) Retain for at least 3 years a complete record of all deposits and withdrawals of money from the account and file the record with the Commission on or before March 30 of each year.
6. Money collected by the landlord or owner for service provided by a utility or an alternative seller to the tenants of a manufactured home park or mobile home park or occupants of the dwellings may not be used to maintain, repair or replace utility lines or equipment serving the common area of the manufactured home park, mobile home park or company town.
7. The owner of a company town who provides a utility service directly to the occupants of the town may charge the occupants their pro rata share of the owners cost of providing that service. Where meters are available, the pro rata share must be based on meter readings. Where meters are not available, the owner shall determine a fair allocation which must be explained in detail to the Commission in the reports required by NRS 704.960. The Commission may modify the allocation in accordance with its regulations if it determines the owners method not to be fair. The Commission shall adopt regulations governing the determination of the costs which an owner of a company town may recover for providing a utility service directly to the occupants of that town and the terms and conditions governing the provision of that service.
κ2025 Statutes of Nevada, Page 1742 (CHAPTER 254, AB 458)κ
8. The landlord or owner shall itemize all charges for utility services on all bills for rent or occupancy. The landlord or owner may pass through to the tenant or occupant any increase in a rate for a utility service and shall pass through any decrease in a charge for a utility service as it becomes effective.
9. The landlord or owner shall retain for at least 3 years a copy of all billings for utility services made to the tenants or the occupants of the landlords or owners dwellings and shall make these records available upon request to the Commission for verification of charges made for utility services.
10. A landlord whose interest in a manufactured home park or mobile home park terminates for any reason shall transfer to the landlords successor in interest any balance remaining in the account for service charges for utilities. Evidence of the transfer must be filed with the Commission.
11. The Commission may at any time examine all books and records which relate to the landlords or owners purchase of or billing for a service provided by a utility or an alternative seller if the landlord or owner is charging the tenants of the manufactured home park or mobile home park or occupants of the dwellings for that service.
12. The provisions of this section do not apply to a landlord or owner who is the owner or operator of a solar-powered affordable housing system, as defined in section 8 of this act, except that:
(a) If the owner of a solar-powered affordable housing system is the landlord of a qualified multifamily affordable housing property, as defined in section 7 of this act, in which the tenant units are equipped with individual meters, the owner of the solar-powered affordable housing system must follow any applicable federal laws or regulations to ensure that the owner of the solar-powered affordable housing system does not charge a tenant or occupant for utility service at a rate that is higher than the rate paid by the owner of the solar-powered affordable housing system.
(b) A landlord who is the owner or operator of a solar-powered affordable housing system shall ensure that the financial benefits of the electricity produced by the solar-powered affordable housing system are allocated among the tenant units in a manner that is equitable as required by NRS 704.773 and section 9 of this act.
Sec. 19. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 20 and 21 of this act.
Sec. 20. Customer-generator has the meaning ascribed to it in NRS 704.768.
Sec. 21. Solar-powered affordable housing system has the meaning ascribed to it in section 8 of this act.
Sec. 22. NRS 598.9801 is hereby amended to read as follows:
598.9801 As used in NRS 598.9801 to 598.9822, inclusive, and sections 20 and 21 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.9802 to 598.9808, inclusive, and sections 20 and 21 of this act have the meanings ascribed to them in those sections.
Sec. 23. NRS 598.9804 is hereby amended to read as follows:
598.9804 Distributed generation system means a system or facility for the residential generation of electricity that uses solar energy to generate electricity. The term includes a solar-powered affordable housing system.
κ2025 Statutes of Nevada, Page 1743 (CHAPTER 254, AB 458)κ
Sec. 24. NRS 598.9805 is hereby amended to read as follows:
598.9805 Host customer means : [either:]
1. The customer of record of an electric utility at the location where an energy system that uses photovoltaic cells and solar energy to generate electricity will be located; [or]
2. A person who has been designated by the customer of record of an electric utility in a letter to the utility explaining the relationship between that person and the customer of record [.] ; or
3. A customer-generator of a solar-powered affordable housing system.
Sec. 25. NRS 598.9822 is hereby amended to read as follows:
598.9822 1. A host customer may file a complaint concerning a solar installation company with the Public Utilities Commission of Nevada. Upon receipt of a complaint, the Commission may direct the host customer to the appropriate agency or person to resolve the complaint.
2. The failure of a person to comply with NRS 598.9801 to 598.9822, inclusive, and sections 20 and 21 of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
3. If a solar installation company executes with a purchaser or lessee an agreement for the purchase or lease of a distributed generation system or with a host customer a power purchase agreement and knowingly fails to comply with any requirement of NRS 598.9801 to 598.9822, inclusive, and sections 20 and 21 of this act, including, without limitation, by failing to include any disclosure or information required by NRS 598.9801 to 598.9822, inclusive, and sections 20 and 21 of this act or knowingly failing to maintain a recording of a verbal communication as required by NRS 598.98213, the agreement is voidable by the purchaser, lessee or host customer. The actions of persons who solely conduct administrative duties or provide administrative services directly to and for the benefit of the solar installation company are not imputed to the solar installation company for the purposes of this subsection.
4. A violation of any provision of NRS 598.9801 to 598.9822, inclusive, and sections 20 and 21 of this act constitutes consumer fraud for the purposes of NRS 41.600.
5. Any document described in NRS 598.9809 to 598.9821, inclusive, must be provided in:
(a) English; or
(b) Any other language, if any person so requests before the execution of the relevant document.
6. If a solar installation company advertises its services or negotiates orally or in writing any of the requirements of NRS 598.9801 to 598.9822, inclusive, and sections 20 and 21 of this act in a language other than English or permits an employee or agent of the solar installation company to so advertise or negotiate, the solar installation company must deliver a translation of any contract, agreement or notice described in NRS 598.9801 to 598.9822, inclusive, and sections 20 and 21 of this act resulting from such advertising or negotiations in the language in which such advertising was made or such negotiations occurred to a person who is a party to such a contract or agreement, or who may sign the contract or agreement, or who is entitled to receive such notice. The translation of the contract, agreement or notice must be provided before the execution of the contract or agreement and include, without limitation, every term and condition in the contract, agreement or notice.
κ2025 Statutes of Nevada, Page 1744 (CHAPTER 254, AB 458)κ
notice must be provided before the execution of the contract or agreement and include, without limitation, every term and condition in the contract, agreement or notice.
Sec. 26. Chapter 624 of NRS is hereby amended by adding thereto a new section to read as follows:
Qualified multifamily affordable housing property has the meaning ascribed to it in section 7 of this act.
Sec. 27. NRS 624.270 is hereby amended to read as follows:
624.270 1. Before issuing a contractors license to any applicant, the Board shall require that the applicant:
(a) File with the Board a surety bond in a form acceptable to the Board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or
(b) In lieu of such a bond, establish with the Board a cash deposit as provided in this section.
2. Before granting renewal of a contractors license to any applicant, the Board shall require that the applicant file with the Board satisfactory evidence that the applicants surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.
3. Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the Board to deny, revoke, suspend or refuse to renew a license.
4. Except as otherwise provided in subsection 6, the amount of each bond or cash deposit required by this section must be fixed by the Board with reference to the contractors financial and professional responsibility and the magnitude of the contractors operations, but must be not less than $1,000 or more than $500,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. A bond required by this section must be provided by a person whose long-term debt obligations are rated A or better by a nationally recognized rating agency. The Board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the Board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.2545 or 624.291. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the Board after termination of the license, whichever occurs later, if there is no outstanding claim against it.
5. After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the Board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the Board. The Board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4:
(a) If evidence is presented to the Board supporting this requirement;
(b) Pursuant to subsection 6, after notification of a final written decision by the Labor Commissioner; or
κ2025 Statutes of Nevada, Page 1745 (CHAPTER 254, AB 458)κ
(c) Pursuant to subsection 7.
Κ If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.
6. If the Board is notified by the Labor Commissioner pursuant to NRS 607.165 or otherwise receives notification that three substantiated claims for wages have been filed against a contractor within a 2-year period, the Board shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the Board. The contractor shall maintain the bond or cash deposit for the period required by the Board.
7. If a contractor who performs work concerning a residential pool or spa or work concerning a residential photovoltaic system used to produce electricity:
(a) Is determined by the Board to have violated one or more of the provisions of NRS 624.301 to 624.305, inclusive;
(b) Enters into a contract that is later found to be void and unenforceable against the owner pursuant to subsection 5 of NRS 624.940 or pursuant to any regulation adopted by the Board with respect to contracts for work concerning a residential pool or spa;
(c) Enters into a contract on or after October 1, 2021, that is later voided by the owner of the single-family residence pursuant to subsection 6 of NRS 624.875 or pursuant to any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity; [or]
(d) Enters into a contract on or after October 1, 2025, that is later voided by the owner of the qualified multifamily affordable housing property pursuant to subsection 6 of NRS 624.875 or pursuant to any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity; or
(e) Has five valid complaints filed against him or her with the Board within any 15-day period,
Κ the Board may require the contractor to comply with the provisions of subsection 8.
8. If the Board requires a contractor described in subsection 7 to comply with the provisions of this subsection, the contractor shall, before commencing work concerning a residential pool or spa or work concerning a residential photovoltaic system used to produce electricity, obtain:
(a) Except as otherwise provided in this subsection, a performance bond in an amount equal to not less than 50 percent of the amount of the contract, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions set forth in the contract. The performance bond must be solely for the protection of the owner of the property to be improved.
(b) Except as otherwise provided in this subsection, a payment bond in an amount equal to not less than 50 percent of the amount of the contract. The payment bond must be solely for the protection of persons supplying labor or materials to the contractor, or to any of his or her subcontractors, in carrying out the provisions of the contract.
Κ A bond required pursuant to this subsection must be provided by a person whose long-term debt obligations are rated A or better by a nationally recognized rating agency. The contractor shall maintain the bond for the period required by the Board.
κ2025 Statutes of Nevada, Page 1746 (CHAPTER 254, AB 458)κ
period required by the Board. The contractor shall furnish to the building department of the city or county, as applicable, in which the work will be carried out, a copy of any bond. In lieu of a performance or payment bond, the contractor may obtain an equivalent form of security approved by the Board.
9. As used in this section [, substantiated] :
(a) Qualified multifamily affordable housing property has the meaning ascribed to it in section 7 of this act.
(b) Substantiated claim for wages has the meaning ascribed to it in NRS 607.165.
Sec. 28. NRS 624.600 is hereby amended to read as follows:
624.600 1. A general building contractor shall provide in writing to the owner of a single-family residence or, in the case of a contract for work concerning a residential photovoltaic system used to produce electricity on a qualified multifamily affordable housing property, the owner of the qualified multifamily affordable housing property with whom he or she has contracted:
[1.] (a) The name, license number, business address and telephone number of:
[(a)] (1) All subcontractors with whom he or she has contracted on the project; and
[(b)] (2) All persons who furnish material of the value of $500 or more to be used in the project.
[2.] (b) A notice that a person described in [subsection 1] paragraph (a) may record a notice of lien upon the residence of the owner and any building, structure and improvement thereon pursuant to the provisions of NRS 108.226.
[3.] (c) An informational form, whose contents must be prescribed by the Board, regarding:
[(a)] (1) Contractors pursuant to this chapter; and
[(b)] (2) Mechanics and materialmens liens pursuant to chapter 108 of NRS.
2. As used in this section, qualified multifamily affordable housing property has the meaning ascribed to it in section 7 of this act.
Sec. 29. NRS 624.830 is hereby amended to read as follows:
624.830 As used in NRS 624.830 to 624.895, inclusive, and section 26 of this act, unless the context otherwise requires, the words and terms defined in NRS 624.835 to 624.855, inclusive, and section 26 of this act have the meanings ascribed to them in those sections.
Sec. 30. NRS 624.855 is hereby amended to read as follows:
624.855 1. Work concerning a residential photovoltaic system used to produce electricity or work means any of the following acts:
(a) The construction, repair, maintenance, restoration, alteration or improvement of any photovoltaic system used to produce or store electricity on the customers side of an electric meter on a single-family residence [,] or qualified multifamily affordable housing property, including, without limitation, the repair or replacement of existing equipment or the installation of new equipment, as necessary; or
(b) Any activity for the supervision concerning such work.
2. The scope of such work includes the installation, alteration and repair of photovoltaic cells, batteries, inverters and storage systems used in the conversion of solar energy into electricity and the storage of that electricity on the customers side of an electric meter on a single-family residence [.]
κ2025 Statutes of Nevada, Page 1747 (CHAPTER 254, AB 458)κ
the conversion of solar energy into electricity and the storage of that electricity on the customers side of an electric meter on a single-family residence [.] or qualified multifamily affordable housing property.
3. The term does not include:
(a) Education regarding solar photovoltaics;
(b) Energy audits; or
(c) The advertising or solicitation of such work.
Sec. 31. NRS 624.865 is hereby amended to read as follows:
624.865 1. Any contractor who performs work concerning a residential photovoltaic system used to produce electricity shall, regardless of whether the work is performed under the direction of a builder who is also the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, on which the work is being performed:
(a) Apply for and obtain all applicable permits for the work;
(b) Meet all applicable requirements imposed pursuant to this chapter and any regulations adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity; and
(c) Meet all applicable requirements imposed by the Public Utilities Commission of Nevada or any system for the distribution of electricity to which the work will interconnect.
2. If a contractor performs work concerning a residential photovoltaic system used to produce electricity and the work is performed under the direction of a builder who is also the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, on which the work is being performed, the owner shall comply with all state and local laws and ordinances for the submission of names, licenses and information concerning any required bonds and insurance with respect to the contractors working on the work.
3. If work concerning a residential photovoltaic system used to produce electricity is performed under the direction of a builder who is exempt from having to obtain a license as a contractor because the builder is also the owner of the single-family residence on which the work is being performed, a person shall not, directly or indirectly, perform or offer to perform any act as a consultant, adviser, assistant or aide to the builder for the purposes of the project, including, without limitation, any act associated with obtaining permits for the project, or otherwise hold himself or herself out as being able to perform such acts, unless the person holds:
(a) A license issued pursuant to this chapter which authorizes the person to perform such acts; or
(b) Any other license, certificate, registration or permit under state law which authorizes the person to perform such acts.
Sec. 32. NRS 624.870 is hereby amended to read as follows:
624.870 1. A contractor who receives an initial down payment or deposit of $1,000 or 10 percent of the aggregate contract price, whichever is less, for work concerning a residential photovoltaic system used to produce electricity shall start the work within 30 days after the date all necessary permits for the work and all necessary approvals from an electric utility into whose system the residential photovoltaic system used to produce electricity will interconnect, if any, are issued, unless the person who made the payment agrees in writing to a longer period.
κ2025 Statutes of Nevada, Page 1748 (CHAPTER 254, AB 458)κ
2. A contractor who receives money for work concerning a residential photovoltaic system used to produce electricity shall complete the work diligently and shall not refuse to perform any work agreed to in the contract for any 30-day period.
3. Except as otherwise provided in subsection 4, if satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish to the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, on which the work was performed a full and unconditional release of the contractors claim for a mechanics lien for that portion of the work for which payment has been made.
4. The requirements of subsection 3 do not apply if the contract for the work provides for the contractor to furnish a bond for payment and performance or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.
5. A contract for work concerning a residential photovoltaic system used to produce electricity must contain a written statement explaining the rights of the customer under NRS 624.830 to 624.895, inclusive, and section 26 of this act and other relevant statutes, including, without limitation, NRS 598.9801 to 598.9822, inclusive [.] , and sections 20 and 21 of this act.
6. A contractor may require final payment for the final stage or phase of the construction of a residential photovoltaic system used to produce electricity after the system is deemed complete and any required inspections are completed.
Sec. 33. NRS 624.875 is hereby amended to read as follows:
624.875 1. The Board may adopt by regulation mandatory elements to be included in all contracts to be used by contractors for work concerning a residential photovoltaic system used to produce electricity. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2021, any contract entered into between a contractor and the owner of a single-family residence for work concerning a residential photovoltaic system used to produce electricity must comply with the provisions of NRS 624.830 to 624.895, inclusive, and section 26 of this act and all applicable regulations adopted by the Board. On and after October 1, 2025, any contract entered into between a contractor and the owner of a qualified multifamily affordable housing property for work concerning a residential photovoltaic system used to produce electricity must comply with the provisions of NRS 624.830 to 624.895, inclusive, and section 26 of this act and all applicable regulations adopted by the Board. A contract that does not comply with the provisions of NRS 624.830 to 624.895, inclusive, and section 26 of this act and all applicable regulations adopted by the Board is voidable by the owner of the single-family residence [.] or qualified multifamily affordable housing property, as applicable.
2. Any contract for work concerning a residential photovoltaic system used to produce electricity must contain in writing at least the following information:
(a) The name of the contractor, his or her address and contractors license number and the monetary limit on that license.
κ2025 Statutes of Nevada, Page 1749 (CHAPTER 254, AB 458)κ
(b) The name and mailing address of the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, on which the work is being performed and the address or legal description of the property.
(c) The date of execution of the contract.
(d) The estimated date of completion of all work to be performed under the contract.
(e) A description of the work to be performed under the contract.
(f) The total amount to be paid to the contractor by the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, for all work to be performed under the contract, including all applicable taxes.
(g) The amount, not to exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, of any initial down payment or deposit paid or promised to be paid to the contractor by the owner before the start of construction.
(h) A statement that the contractor has provided the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, with the notice and informational form required by NRS 624.600.
(i) A statement that any change in the scope or price of the work to be performed under the contract must be agreed to in writing by the parties and incorporated into the original contract as a change order. A change order is not enforceable against the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, who is contracting for work concerning a residential photovoltaic system used to produce electricity unless the change order sets forth all changes in the scope and price of the work and is accepted by the owner of the single-family residence [.] or qualified multifamily affordable housing property, as applicable.
(j) For a project of new work concerning a residential photovoltaic system used to produce electricity, a plan and scale drawing showing the shape, size and dimensions of and the specifications for the construction and equipment for the work specified in the contract, and a description of the work to be done, the materials to be used and the equipment to be installed, and the agreed consideration for the work. For projects which consist exclusively of repairs to existing work concerning a residential photovoltaic system used to produce electricity, plans, scale drawings, equipment specifications and lists of materials and equipment are not required to be contained in or included with the contract.
(k) Except as otherwise provided in this subsection and subsection 3, the dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments from the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, during the course of construction under a contract for the installation of a residential photovoltaic system used to produce electricity. The schedule of payments must show the amount of each payment as a sum in dollars and cents. The schedule of payments must not provide for the contractor to receive, nor may the contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment or deposit.
κ2025 Statutes of Nevada, Page 1750 (CHAPTER 254, AB 458)κ
(l) With respect to a contract with the owner of a single-family residence executed before October 1, 2021, if any schedule of payments set forth in the contract does not comply with the provisions of this chapter or any regulations adopted pursuant thereto:
(1) The obligation of the owner of the single-family residence to make payments in accordance with the payment schedule is voidable; and
(2) The lender, if any, may not initiate proceedings to enforce the payment of any applicable loan unless and until the contract is reformed or otherwise amended to comply with those provisions of law.
[(l)] (m) With respect to a contract with the owner of a qualified multifamily affordable housing property executed before October 1, 2025, if any schedule of payments set forth in the contract does not comply with the provisions of this chapter or any regulations adopted pursuant thereto:
(1) The obligation of the owner of the qualified multifamily affordable housing property to make payments in accordance with the payment schedule is voidable; and
(2) The lender, if any, may not initiate proceedings to enforce the payment of any applicable loan unless and until the contract is reformed or otherwise amended to comply with those provisions of law.
(n) If a contract with the owner of a single-family residence or qualified multifamily affordable housing property for the installation of a residential photovoltaic system used to produce electricity provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with the provisions of paragraph (k).
[(m)] (o) A disclosure of the retail price of a kilowatt-hour, any offsetting tariff and the identity of the electric utility that furnishes electric service to the single-family residence or qualified multifamily affordable housing property, as applicable, at the time the contract is executed.
Κ Except as otherwise provided in subsection 6, the contract may contain such other conditions, stipulations or provisions as to which the parties may agree.
3. The provisions of [paragraph] paragraphs (k) , (l) and (m) of subsection 2 do not apply if:
(a) The contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project;
(b) The contractor builds a residential photovoltaic system used to produce electricity as part of the original building plan pursuant to which the contractor builds a single-family residence or qualified multifamily affordable housing property on the premises; or
(c) The owner of the single-family residence or qualified multifamily affordable housing property, as applicable, has:
(1) Purchased the residential photovoltaic system used to produce electricity pursuant to a power purchase agreement as defined in NRS 598.9807; or
(2) Leased the residential photovoltaic system used to produce electricity pursuant to a monthly lease contract.
κ2025 Statutes of Nevada, Page 1751 (CHAPTER 254, AB 458)κ
4. The contract must contain:
(a) A method whereby the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.
(b) In close proximity to the signatures of the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, and the contractor, a notice stating that the owner of the single-family residence [:] or qualified multifamily affordable housing property, as applicable:
(1) May contact the Board or the Public Utilities Commission of Nevada if assistance is needed to clarify any of the provisions of the contract that the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, does not fully understand;
(2) Has the right to request a bond for payment and performance if such a bond is not otherwise required pursuant to NRS 624.270;
(3) May contact an attorney for an explanation of the rights of the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, under the contract; and
(4) May, if the contract was explained in a language other than the language in which the contract is written, ask for a contract that is written in the language in which the contract was explained.
5. At the time the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, signs the contract, the contractor shall furnish to the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner of the single-family residence [.] or qualified multifamily affordable housing property, as applicable. All written information provided in the contract must be printed in at least 10-point type. The contract, receipt and other documents referenced in this subsection may be delivered by electronic means.
6. A condition, stipulation or provision in a contract that requires a person to waive any right provided by this chapter or any regulations adopted pursuant thereto or relieves a person of an obligation or liability imposed by this chapter or those regulations is void. Failure to comply with the requirements of this section renders a contract voidable by the owner of the single-family residence [.] or qualified multifamily affordable housing property, as applicable.
7. The contractor shall apply for and obtain all necessary permits and approvals from an electric utility into whose system the residential photovoltaic system used to produce electricity will interconnect.
Sec. 34. NRS 624.885 is hereby amended to read as follows:
624.885 1. A contract for work concerning a residential photovoltaic system used to produce electricity is not enforceable against the owner of a single-family residence or qualified multifamily affordable housing property, as applicable, on which the work is being performed if the obtaining of a loan for all or a portion of the contract price is a condition precedent to the contract unless both of the following requirements are satisfied:
κ2025 Statutes of Nevada, Page 1752 (CHAPTER 254, AB 458)κ
(a) The owner of the single-family residence or qualified multifamily affordable housing property, as applicable, agrees to accept the loan or financing.
(b) The owner of the single-family residence or qualified multifamily affordable housing property, as applicable, does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.
2. Unless and until all applicable requirements of subsection 1 are satisfied, a contractor shall not:
(a) Perform or deliver any work, labor, material or services; or
(b) Represent in any manner that the contract is enforceable or that the owner of the single-family residence or qualified multifamily affordable housing property, as applicable, has any obligation under the contract.
Sec. 35. NRS 624.895 is hereby amended to read as follows:
624.895 1. A violation of any provision of NRS 624.830 to 624.895, inclusive, and section 26 of this act or any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity by a contractor:
(a) Constitutes cause for disciplinary action pursuant to NRS 624.300; and
(b) May be reported to the Office of the Attorney General as a potential deceptive trade practice pursuant to chapter 598 of NRS.
2. It is unlawful for a person to violate any provision of NRS 624.830 to 624.895, inclusive [.] , and section 26 of this act.
3. Any person who violates any provision of NRS 624.830 to 624.895, inclusive, and section 26 of this act shall be penalized pursuant to the applicable provisions of NRS 624.700 and 624.750.
4. The imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.
Sec. 36. 1. Not later than December 31, 2025, a utility shall file with the Public Utilities Commission of Nevada any amendments to its tariff or tariffs that are necessary to comply with the provisions of this act.
2. As used in this section, utility has the meaning ascribed to it in NRS 704.772.
Sec. 37. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 36, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2025, for all other purposes.
3. Section 10 of this act expires by limitation on December 31, 2029.
________
κ2025 Statutes of Nevada, Page 1753κ
Assembly Bill No. 497Assemblymember Yeager
CHAPTER 255
[Approved: June 5, 2025]
AN ACT relating to campaign finance; authorizing a committee for political action to use money in its campaign finance account for certain purposes; providing that a labor union and certain business organizations and corporations are not a committee for political action for purposes of campaign finance requirements; revising provisions relating to the disposal of unspent campaign contributions; requiring certain persons that are not committees for political action to report certain expenditures; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires every committee for political action to, not later than 1 week after receiving contributions the sum of which, in the aggregate is $1,000 or more, open and maintain a separate account in a financial institution located in the United States for the deposit of any contributions received. (NRS 294A.130) Section 1 of this bill authorizes a committee for political action to use money in the account for certain purposes.
Existing law provides that, except in certain circumstances, certain corporations and other business organizations as well as labor unions are excluded from the definition of a committee for political action. (NRS 294A.0055) Section 2 of this bill revises the definition of a committee for political action to exclude from the definition: (1) any nonprofit organization or nonprofit corporation duly organized under federal law or under the laws of this State, any other state, the District of Columbia or any territory of the United States; (2) all individual corporations and business organizations that have filed certain organizational information with the Secretary of State; and (3) all labor unions.
Existing law requires certain persons, committees and political parties to report certain independent expenditures or other expenditures. (NRS 294A.210) Section 3.5 of this bill requires any entity excluded from the definition of committee for political action pursuant to section 2 that makes certain expenditures in excess of $1,000 to report such expenditures.
Existing law governs the disposition of unspent campaign contributions by a candidate or former public officer. Under existing law, a candidate who is elected to office may use unspent contributions in the candidates next election, but a candidate who is defeated is required to dispose of unspent contributions. (NRS 294A.160) Section 3 of this bill authorizes a candidate who is defeated to use unspent contributions in the candidates next election. If, within 4 years, such a candidate doesnt file a declaration of candidacy or appear on an official ballot at any election, section 3 requires the defeated candidate to dispose of unspent contributions.
Existing law authorizes certain former public officers who resigned or did not run for reelection to use unspent contributions in a future election. In such a circumstance, existing law requires such unspent contributions to be disposed of within 4 years if the former public officer does not file a declaration of candidacy or appear on the ballot. (NRS 294A.160) Section 3 of this bill instead requires any former public officer to dispose of unspent contributions not later than 15 days after the 4-year period immediately following leaving office.
Section 4 of this bill requires any candidate who was defeated and any former officer who resigned or did not run for reelection who have unspent contributions, and for whom the time period in which he or she is required to dispose of such contributions has yet to expire, to dispose of such contributions not later than October 1, 2029.
κ2025 Statutes of Nevada, Page 1754 (CHAPTER 255, AB 497)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:
A committee for political action may use money in the separate account opened and maintained pursuant to subsection 3 of NRS 294A.130 to:
1. Subject to the limitations set forth in NRS 294A.100, make a contribution to a candidate;
2. Make a contribution to a legal defense fund;
3. Make a contribution to a nonprofit corporation;
4. Make a contribution to another committee for political action;
5. Make a contribution to a committee for the recall of a public officer;
6. Make a contribution to a political party or a committee sponsored by a political party; or
7. Make any expenditure, including, without limitation, an independent expenditure.
Sec. 2. NRS 294A.0055 is hereby amended to read as follows:
294A.0055 1. Committee for political action means:
(a) Any group of natural persons or entities that solicits or receives contributions from any other person, group or entity and:
(1) Makes or intends to make contributions to candidates or other persons; or
(2) Makes or intends to make expenditures,
Κ designed to affect the outcome of any primary election, general election, special election or question on the ballot.
(b) [Any] Except as otherwise provided in subsection 2, any business or social organization, corporation, partnership, association, trust [,] or unincorporated organization : [or labor union:]
(1) Which has as its primary purpose affecting the outcome of any primary election, general election, special election or any question on the ballot and for that purpose receives contributions in excess of $1,500 in a calendar year or makes expenditures in excess of $1,500 in a calendar year; or
(2) Which does not have as its primary purpose affecting the outcome of any primary election, general election, special election or any question on the ballot, but for the purpose of affecting the outcome of any election or question on the ballot receives contributions in excess of $5,000 in a calendar year or makes independent expenditures in excess of $5,000 in a calendar year.
2. Committee for political action does not include:
(a) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts.
(b) An entity solely because it provides goods or services to a candidate or committee in the regular course of its business at the same price that would be provided to the general public.
(c) An individual natural person.
(d) [Except as otherwise provided in paragraph (b) of subsection 1, an] An individual corporation or other business organization who has filed articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS.
κ2025 Statutes of Nevada, Page 1755 (CHAPTER 255, AB 497)κ
articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS.
(e) [Except as otherwise provided in paragraph (b) of subsection 1, a] A labor union.
(f) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as contributions or expenditures by the candidate.
(g) A committee for the recall of a public officer.
(h) A major or minor political party or any committee sponsored by a major or minor political party.
(i) Any nonprofit organization or nonprofit corporation duly organized under federal law or under the laws of this State, any other state, the District of Columbia or any territory of the United States.
Sec. 3. NRS 294A.160 is hereby amended to read as follows:
294A.160 1. It is unlawful for:
(a) A candidate to spend money received as a contribution:
(1) For the candidates personal use; or
(2) To pay himself or herself a salary.
(b) A public officer to spend unspent contributions:
(1) For the public officers personal use; or
(2) To pay himself or herself a salary.
2. Notwithstanding the provisions of NRS 294A.286, a candidate or public officer may use contributions to pay for any legal expenses that the candidate or public officer incurs in relation to a campaign or serving in public office without establishing a legal defense fund. Any such candidate or public officer shall report any expenditure of contributions to pay for legal expenses in the same manner and at the same time as the report filed pursuant to NRS 294A.120 or 294A.200. A candidate or public officer shall not use contributions to satisfy a civil or criminal penalty imposed by law.
3. Except as otherwise provided in [subsection 5,] this section, every candidate for office at a primary election, general election or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall dispose of the money through one or any combination of the following methods:
(a) Return the unspent money to contributors;
(b) Use the money in the candidates next election or for the payment of other expenses related to public office or his or her campaign, regardless of whether he or she is a candidate for a different office in the candidates next election;
(c) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) If the candidate was elected to the office of a Legislator, another member of the Legislature who is authorized to solicit or accept contributions pursuant to NRS 294A.117;
(3) A political party; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(d) Donate the money to any tax-exempt nonprofit entity; or
(e) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.
κ2025 Statutes of Nevada, Page 1756 (CHAPTER 255, AB 497)κ
4. Except as otherwise provided in subsection 5, every candidate for office at a primary election, general election or special election who withdraws pursuant to NRS 293.202 or 293C.195 after filing a declaration of candidacy [,] or is removed from the ballot by court order [or is defeated for or otherwise not elected to that office] and who received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall, not later than the 15th day of the second month after the election, dispose of the money through one or any combination of the following methods:
(a) Return the unspent money to contributors;
(b) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party; or
(3) Any combination of persons or groups set forth in subparagraphs (1) and (2);
(c) Donate the money to any tax-exempt nonprofit entity; or
(d) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.
5. Every candidate for office at a special election to recall a public officer shall dispose of the unspent contributions through one or any combination of the methods set forth in subsection 4 not later than the 15th day of the second month following the last day for the candidate to receive a contribution pursuant to NRS 294A.115.
6. Every candidate for office who withdraws after filing a declaration of candidacy, is defeated for that office at a primary election or is removed from the ballot by court order before a primary election or general election and who received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after the primary election or general election, as applicable, return any money in excess of $5,000 to the contributor.
7. Except [for a former public officer who is subject to the provisions of subsection 11, every person who qualifies as a] as otherwise provided in this subsection, every candidate [by receiving one or more qualifying contributions in excess of $100 but who,] who appears on the ballot but is defeated at a primary election or general election may use unspent contributions in the candidates next election. Such a candidate is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200 and 294A.362 for as long as the candidate has unspent contributions. If, within 4 years [after the date of receiving the first of those qualifying contributions,] , the candidate does not:
(a) File a declaration of candidacy; or
(b) Appear on an official ballot at any election,
Κ the candidate shall, not later than the 15th day of the month after the end of the 4-year period, dispose of all contributions that have not been spent or committed for expenditure through one or any combination of the methods set forth in subsection 4.
8. [Except as otherwise provided in subsection 9, every] Every former public officer who [:
κ2025 Statutes of Nevada, Page 1757 (CHAPTER 255, AB 497)κ
(a) Does not run for reelection to the office which he or she holds;
(b) Is not a candidate for any other office and does not qualify as a candidate by receiving one or more qualifying contributions in excess of $100; and
(c) Has] has contributions that are not spent or committed for expenditure remaining from a previous election [,
Κ] shall, not later than [the 15th day of the second month] 15 days after [the expiration of the public officers term of] the 4-year period immediately following leaving office, dispose of those contributions in the manner provided in subsection 4.
9. [Every public officer who:
(a) Resigns from his or her office;
(b) Is not a candidate for any other office and does not qualify as a candidate by receiving one or more qualifying contributions in excess of $100; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
Κ shall, not later than the 15th day of the second month after the effective date of the resignation, dispose of those contributions in the manner provided in subsection 4.
10. Except as otherwise provided in subsection 11, every public officer who:
(a) Does not run for reelection to the office which he or she holds or who resigns from his or her office;
(b) Is a candidate for any other office or qualifies as a candidate by receiving one or more qualifying contributions in excess of $100; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
Κ may use the unspent contributions in a future election. Such a public officer is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200 and 294A.362 for as long as the public officer is a candidate for any office or qualifies as a candidate by receiving one or more qualifying contributions in excess of $100.
11. Every former public officer described in subsection 10 who qualifies as a candidate by receiving one or more qualifying contributions in excess of $100 but who, within 4 years after the date of receiving the first of those qualifying contributions, does not:
(a) File a declaration of candidacy; or
(b) Appear on an official ballot at any election,
Κ shall, not later than the 15th day of the month after the end of the 4-year period, dispose of all contributions that have not been spent or committed for expenditure through one or any combination of the methods set forth in subsection 4.
12.] In addition to the methods for disposing of the unspent money set forth in this section, a Legislator may donate not more than $500 of that money to the Nevada Silver Haired Legislative Forum created pursuant to NRS 427A.320.
[13.] 10. Any contributions received before a candidate for office at a primary election, general election or special election dies that were not spent or committed for expenditure before the death of the candidate must be disposed of in the manner provided in subsection 4.
κ2025 Statutes of Nevada, Page 1758 (CHAPTER 255, AB 497)κ
[14.] 11. The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.
[15.] 12. As used in this section [:
(a) Contribution] , contribution includes, without limitation, any interest and other income earned on a contribution.
[(b) Qualifying contribution means the receipt of a contribution that causes a person to qualify as a candidate pursuant to subsection 3 of NRS 294A.005.]
Sec. 3.5. NRS 294A.210 is hereby amended to read as follows:
294A.210 1. The provisions of this section apply to:
(a) Every person who makes an independent expenditure in excess of $1,000; [and]
(b) Every committee for political action, political party and committee sponsored by a political party which receives contributions in excess of $1,000 or makes an expenditure for or against a candidate for office or a group of such candidates [.] ; and
(c) Every person that makes expenditures in excess of $1,000 designed to affect the outcome of any primary election, general election or special election or question on the ballot and that is:
(1) An individual corporation or other business organization that has filed articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS;
(2) A nonprofit organization or nonprofit corporation duly organized under federal law or under the laws of this State, any other state, the District of Columbia or any territory of the United States; or
(3) A labor union.
2. Every person, committee and political party described in subsection 1 shall, not later than January 15 of the election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report each independent expenditure or other expenditure, as applicable, made during the period in excess of $1,000 and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.
3. In addition to the requirements set forth in subsection 2, every person, committee and political party described in subsection 1 shall, not later than:
(a) April 15 of the election year, for the period beginning January 1 and ending on March 31 of the election year;
(b) July 15 of the election year, for the period beginning April 1 and ending on June 30 of the election year;
(c) October 15 of the election year, for the period beginning July 1 and ending on September 30 of the election year; and
(d) January 15 of the year immediately following the election year, for the period beginning October 1 and ending on December 31 of the election year,
Κ report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.
4. Except as otherwise provided in subsections 5, 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election or for or against a group of such candidates shall, not later than:
κ2025 Statutes of Nevada, Page 1759 (CHAPTER 255, AB 497)κ
as applicable, for or against a candidate for office at a special election or for or against a group of such candidates shall, not later than:
(a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the nomination of the candidate through 5 days before the beginning of early voting by personal appearance for the special election;
(b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and
(c) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.
5. Except as otherwise provided in subsections 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than:
(a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;
(b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and
(c) Thirty days after the special election, for the remaining period through the date of the special election,
Κ report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.
6. Except as otherwise provided in subsection 7, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each of the campaign expenses described in subsection 1 incurred during the period. The provisions of this subsection apply to the person, committee and political party if the petition for recall:
(a) Is not submitted to the filing officer as required by chapter 306 of NRS;
κ2025 Statutes of Nevada, Page 1760 (CHAPTER 255, AB 497)κ
(b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or
(c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.
7. If the legal sufficiency of a petition for recall is challenged and a district court determines that the petition is legally:
(a) Sufficient pursuant to chapter 306 of NRS and the order of the district court is appealed, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall:
(1) Not later than 30 days after the date on which the notice of appeal is filed, for the period from the filing of the notice of intent to circulate the petition for recall through the date on which the notice of appeal is filed, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.
(2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date on which the notice of appeal is filed through the date on which all appeals regarding the petition are exhausted, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.
(b) Insufficient pursuant to chapter 306 of NRS, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall:
(1) Not later than 30 days after the date on which the district court orders the filing officer to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district courts order, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.
(2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date of the district courts order through the date on which all appeals regarding the petition are exhausted, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.
8. In addition to complying with the applicable requirements of subsections 2 to 7, inclusive, a person, committee or political party described in subsection 1 must, not later than January 15 of each year that is not an election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report each independent expenditure or other expenditure, as applicable, made during the period in excess of $1,000 and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.
κ2025 Statutes of Nevada, Page 1761 (CHAPTER 255, AB 497)κ
expenditure or other expenditure, as applicable, made during the period in excess of $1,000 and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000. Nothing in this subsection:
(a) Requires the person, committee or political party to report information that has previously been reported in a timely manner pursuant to subsections 2 to 7, inclusive; or
(b) Authorizes the person, committee or political party to not comply with any applicable requirement set forth in subsections 2 to 7, inclusive.
9. Independent expenditures and other expenditures made within the State or made elsewhere but for use within the State, including independent expenditures and other expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.
10. Except as otherwise provided in NRS 294A.3737, the reports must be filed electronically with the Secretary of State.
11. If an independent expenditure or other expenditure, as applicable, is made for or against a group of candidates, the reports must be itemized by the candidate.
12. A report shall be deemed to be filed on the date that it was received by the Secretary of State. Every person, committee or political party described in subsection 1 shall file a report required by this section even if the person, committee or political party receives no contributions.
Sec. 4. Any former public officer who on October 1, 2025, has unspent contributions pursuant to the former provisions of subsections 7 to 11, inclusive, of NRS 294A.160 as that section existed on September 30, 2025, shall dispose of such unspent contributions pursuant to NRS 294A.160, as amended by section 3 of this act, not later than October 1, 2029.
________
Assembly Bill No. 535Committee on Revenue
CHAPTER 256
[Approved: June 5, 2025]
AN ACT relating to taxation; revising provisions governing the administration of the exemption from sales and use taxes for organizations created for religious, charitable or educational purposes; requiring the Department of Taxation to report to the Legislature certain information concerning applications for such an exemption; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes upon each retailer a sales tax measured by the gross receipts of the retailer from the retail sale of tangible personal property in this State, and requires the retailer to collect the sales tax from the purchaser in a transaction to which the sales tax applies. (NRS 372.105, 372.110, 374.110, 374.111, 374.115) Existing law also imposes a use tax on the storage, use or other consumption in this State of tangible personal property purchased outside of this State from a retailer in a transaction that would have been subject to the sales tax in this State if it had occurred within this State. (NRS 372.185, 374.190, 374.191)
κ2025 Statutes of Nevada, Page 1762 (CHAPTER 256, AB 535)κ
Existing law exempts from such taxes the gross receipts from the sale of any tangible personal property sold by or to a nonprofit organization created for religious, charitable or educational purposes. (NRS 372.326, 374.3306) Under existing law, among other requirements, an organization that claims this exemption is required to establish that the sole or primary purpose of the organization is to further certain specified purposes deemed to be religious, charitable or educational. (NRS 372.3261, 374.3306) Sections 1 and 2 of this bill establish criteria for the Department of Taxation and the Nevada Tax Commission to use to determine whether an organization satisfies the requirements to be exempt from sales and use taxes as a charitable organization, including, without limitation, by the organization establishing that it: (1) operates exclusively for a purpose exempt under section 501(c)(3) of the Internal Revenue Code and is recognized as exempt by the Internal Revenue Service under the provision of that section; or (2) furthers at least one of certain specified purposes. Sections 1.5 and 2.3 of this bill require the Department to: (1) provide to an organization that does not qualify for the exemption as a religious, charitable or educational organization a full explanation outlining the reasons why the organization does not qualify and the procedure to appeal such a determination; and (2) submit to the Legislature every odd-numbered year a report concerning applications for the tax exemption.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 372.3261 is hereby amended to read as follows:
372.3261 1. For the purposes of NRS 372.326 [,] and 372.348, an organization is created for religious, charitable or educational purposes if it complies with the provisions of this section.
2. An organization is created for religious purposes if:
(a) It complies with the requirements set forth in subsection [5;] 6; and
(b) The sole or primary purpose of the organization is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted. Such an organization includes, without limitation, an integrated auxiliary or affiliate of the organization, mens, womens or youth groups established by the organization, a school or mission society operated by the organization, an organization of local units of a church and a convention or association of churches.
3. An organization is created for charitable purposes if:
(a) It complies with the requirements set forth in subsection [5;] 6;
(b) The sole or primary purpose of the organization , considering the factors set forth in subsection 5, is to:
(1) Advance a public purpose, donate or render gratuitously or at a reduced rate a substantial portion of its services to the persons who are the subjects of its charitable services, and benefit a substantial and indefinite class of persons who are the legitimate subjects of charity;
(2) Provide services that are otherwise required to be provided by a local government, this State or the Federal Government; or
(3) Operate a hospital or medical facility licensed pursuant to chapter 449 or 450 of NRS; and
(c) The organization is operating in this State.
4. An organization is created for educational purposes if:
(a) It complies with the requirements set forth in subsection [5;] 6; and
(b) The sole or primary purpose of the organization is to:
(1) Provide athletic, cultural or social activities for children;
κ2025 Statutes of Nevada, Page 1763 (CHAPTER 256, AB 535)κ
(2) Provide displays or performances of the visual or performing arts to members of the general public;
(3) Provide instruction and disseminate information on subjects beneficial to the community;
(4) Operate a school, college or university located in this State that conducts regular classes and provides courses of study required for accreditation or licensing by the State Board of Education or the Commission on Postsecondary Education, or for membership in the Northwest Association of Schools and of Colleges and Universities;
(5) Serve as a local or state apprenticeship committee to advance programs of apprenticeship in this State; or
(6) Sponsor programs of apprenticeship in this State through a trust created pursuant to 29 U.S.C. § 186.
5. In determining whether, for the purposes of subsection 3, an organization is created for charitable purposes, the Department and Nevada Tax Commission shall consider, without limitation, whether the organization:
(a) Operates exclusively for any exempt purpose under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), and the organization is recognized as exempt by the Internal Revenue Service pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3);
(b) Provides relief to the poor, distressed or underprivileged;
(c) Supports the advancement of religion;
(d) Provides for the advancement of education or science;
(e) Helps lessen the burden of government;
(f) Supports efforts to eliminate prejudice and discrimination;
(g) Aids in defending human and civil rights secured by law; or
(h) Combats community deterioration and juvenile delinquency.
6. In addition to the requirements set forth in [subsection] subsections 2 [, 3 or 4,] to 5, inclusive, an organization is created for religious, charitable or educational purposes if:
(a) No part of the net earnings of any such organization inures to the benefit of a private shareholder, individual or entity;
(b) The business of the organization is not conducted for profit;
(c) No substantial part of the business of the organization is devoted to the advocacy of any political principle or the defeat or passage of any state or federal legislation;
(d) The organization does not participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office; and
(e) Any property sold to the organization for which an exemption is claimed is used by the organization in this State in furtherance of the religious, charitable or educational purposes of the organization.
Sec. 1.5. NRS 372.348 is hereby amended to read as follows:
372.348 1. Any nonprofit organization created for religious, charitable or educational purposes that wishes to claim an exemption pursuant to NRS 372.326, must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department.
2. If the Department determines that the organization is created for religious, charitable or educational purposes, it shall issue a letter of exemption to the organization. The letter of exemption expires 5 years after the date on which it is issued by the Department.
κ2025 Statutes of Nevada, Page 1764 (CHAPTER 256, AB 535)κ
the date on which it is issued by the Department. At least 90 days before the expiration of the letter of exemption, the Department shall notify the organization to whom the letter was issued of the date on which the letter will expire. The organization may renew its letter of exemption for an additional 5 years by filing an application for renewal with the Department. The application for renewal must be on a form and contain such information as is required by the Department.
3. If the Department determines that the organization is not created for religious, charitable or educational purposes, or otherwise does not meet the requirements to receive the exemption, the Department shall provide the organization with a full explanation outlining the reasons why the organization does not qualify for the exemption and the procedure to appeal the determination.
4. The Department shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature a report which must include, for the immediately preceding biennium:
(a) Any processes and techniques for reviewing applications for an exemption submitted pursuant to this section;
(b) The number of applications submitted pursuant to this section;
(c) The number of applications approved;
(d) The number of applications denied;
(e) The total number of organizations that received an exemption pursuant to NRS 372.326; and
(f) Any other relevant information.
5. To claim an exemption pursuant to NRS 372.326 for the sale of tangible personal property to such an organization:
(a) The organization must give a copy of its letter of exemption to the retailer from whom the organization purchases the property; and
(b) The retailer must retain and present upon request a copy of the letter of exemption.
[4.] 6. The Department shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 2. NRS 374.3306 is hereby amended to read as follows:
374.3306 1. For the purposes of NRS 374.3305 [,] and 374.353, an organization is created for religious, charitable or educational purposes if it complies with the provisions of this section.
2. An organization is created for religious purposes if:
(a) It complies with the requirements set forth in subsection [5;] 6; and
(b) The sole or primary purpose of the organization is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted. Such an organization includes, without limitation, an integrated auxiliary or affiliate of the organization, mens, womens or youth groups established by the organization, a school or mission society operated by the organization, an organization of local units of a church and a convention or association of churches.
3. An organization is created for charitable purposes if:
(a) It complies with the requirements set forth in subsection [5;] 6;
(b) The sole or primary purpose of the organization , considering the factors set forth in subsection 5, is to:
(1) Advance a public purpose, donate or render gratuitously or at a reduced rate a substantial portion of its services to the persons who are the subjects of its charitable services, and benefit a substantial and indefinite class of persons who are the legitimate subjects of charity;
κ2025 Statutes of Nevada, Page 1765 (CHAPTER 256, AB 535)κ
subjects of its charitable services, and benefit a substantial and indefinite class of persons who are the legitimate subjects of charity;
(2) Provide services that are otherwise required to be provided by a local government, this State or the Federal Government; or
(3) Operate a hospital or medical facility licensed pursuant to chapter 449 or 450 of NRS; and
(c) The organization is operating in this State.
4. An organization is created for educational purposes if:
(a) It complies with the requirements set forth in subsection [5;] 6; and
(b) The sole or primary purpose of the organization is to:
(1) Provide athletic, cultural or social activities for children;
(2) Provide displays or performances of the visual or performing arts to members of the general public;
(3) Provide instruction and disseminate information on subjects beneficial to the community;
(4) Operate a school, college or university located in this State that conducts regular classes and provides courses of study required for accreditation or licensing by the State Board of Education or the Commission on Postsecondary Education, or for membership in the Northwest Association of Schools and of Colleges and Universities;
(5) Serve as a local or state apprenticeship committee to advance programs of apprenticeship in this State; or
(6) Sponsor programs of apprenticeship in this State through a trust created pursuant to 29 U.S.C. § 186.
5. In determining whether, for the purposes of subsection 3, an organization is created for charitable purposes, the Department and Nevada Tax Commission shall consider, without limitation, whether the organization:
(a) Operates exclusively for any exempt purpose under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), and the organization is recognized as exempt by the Internal Revenue Service pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3);
(b) Provides relief to the poor, distressed or underprivileged;
(c) Supports the advancement of religion;
(d) Provides for the advancement of education or science;
(e) Helps lessen the burden of government;
(f) Supports efforts to eliminate prejudice and discrimination;
(g) Aids in defending human and civil rights secured by law; or
(h) Combats community deterioration and juvenile delinquency.
6. In addition to the requirements set forth in [subsection] subsections 2 [, 3 or 4,] to 5, inclusive, an organization is created for religious, charitable or educational purposes if:
(a) No part of the net earnings of any such organization inures to the benefit of a private shareholder, individual or entity;
(b) The business of the organization is not conducted for profit;
(c) No substantial part of the business of the organization is devoted to the advocacy of any political principle or the defeat or passage of any state or federal legislation;
(d) The organization does not participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office; and
κ2025 Statutes of Nevada, Page 1766 (CHAPTER 256, AB 535)κ
(e) Any property sold to the organization for which an exemption is claimed is used by the organization in this State in furtherance of the religious, charitable or educational purposes of the organization.
Sec. 2.3. NRS 374.353 is hereby amended to read as follows:
374.353 1. Any nonprofit organization created for religious, charitable or educational purposes that wishes to claim an exemption pursuant to NRS 374.3305 must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department.
2. If the Department determines that the organization is created for religious, charitable or educational purposes, it shall issue a letter of exemption to the organization. The letter of exemption expires 5 years after the date on which it is issued by the Department. At least 90 days before the expiration of the letter of exemption, the Department shall notify the organization to whom the letter was issued of the date on which the letter will expire. The organization may renew its letter of exemption for an additional 5 years by filing an application for renewal with the Department. The application for renewal must be on a form and contain such information as is required by the Department.
3. If the Department determines that the organization is not created for religious, charitable or educational purposes, or otherwise does not meet the requirements to receive the exemption, the Department shall provide the organization with a full explanation outlining the reasons why the organization does not qualify for the exemption and the procedure to appeal the determination.
4. The Department shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature a report which must include, for the immediately preceding biennium:
(a) Any processes and techniques for reviewing applications for an exemption submitted pursuant to this section;
(b) The number of applications submitted pursuant to this section;
(c) The number of applications approved;
(d) The number of applications denied;
(e) The total number of organizations that received an exemption pursuant to NRS 374.3305; and
(f) Any other relevant information.
5. To claim an exemption pursuant to NRS 374.3305 for the sale of tangible personal property to such an organization:
(a) The organization must give a copy of its letter of exemption to the retailer from whom the organization purchases the property; and
(b) The retailer must retain and present upon request a copy of the letter of exemption.
[4.] 6. The Department shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 2.7. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 3. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 1767κ
Senate Bill No. 347Senators Scheible, Cannizzaro; Dondero Loop and Pazina
CHAPTER 257
[Approved: June 5, 2025]
AN ACT relating to public safety; establishing procedures governing the confiscation and return of firearms involving persons placed on a mental health crisis hold; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that an officer authorized to make arrests in this State and certain providers of health care who, based on personal observation of a person, have probable cause to believe that the person is in a mental health crisis, may place the person on a mental health crisis hold. (NRS 433A.160) Under existing law, a mental health crisis hold is the detention of a person alleged to be a person in a mental health crisis for transport, assessment, evaluation, intervention and treatment, which generally may last not more than 72 hours. (NRS 433A.0175, 433A.150)
Existing law also authorizes an officer who has probable cause to believe that a person poses a risk of causing a self-inflicted injury or a personal injury to another person by possessing or purchasing a firearm to file an application for an order for protection against high-risk behavior. (NRS 33.560) Under existing law, an order for protection against high-risk behavior, among other things, requires the person to surrender any firearm possessed or controlled by the person and prohibits the person from possessing or controlling a firearm while the order is in effect. (NRS 33.590)
This bill authorizes an officer to immediately confiscate a firearm that is on the person or in the immediate vicinity of a person placed on a mental health crisis hold and requires the officer, at the time that the firearm is confiscated, to provide the person with a receipt which describes the firearm and a notice which sets forth the procedures governing the return of the firearm.
This bill requires the law enforcement agency retaining custody of the confiscated firearm to, upon the release of the person from treatment, return the firearm to the person unless: (1) an officer of the law enforcement agency files a verified application for an order for protection against high-risk behavior; or (2) the person is prohibited by law from owning, possessing or having custody or control of the firearm.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 433A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An officer authorized to make arrests in the State of Nevada may immediately confiscate any firearm found to be on the person or in the immediate vicinity of a person placed on a mental health crisis hold pursuant to NRS 433A.160.
2. If an officer confiscates a firearm from a person placed on a mental health crisis hold pursuant to subsection 1, the officer shall immediately provide the person with:
κ2025 Statutes of Nevada, Page 1768 (CHAPTER 257, SB 347)κ
(a) A receipt which includes a description of the firearm; and
(b) A notice describing the procedures set forth in this section for the return of the firearm.
3. Upon the release of the person from treatment, the law enforcement agency retaining custody of the confiscated firearm shall make the firearm available for return to the person unless:
(a) An officer of the law enforcement agency files a verified application for an order for protection against high-risk behavior pursuant to NRS 33.560; or
(b) The person is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360.
Sec. 2. This act becomes effective on July 1, 2025.
________
Senate Bill No. 39Committee on Government Affairs
CHAPTER 258
[Approved: June 5, 2025]
AN ACT relating to emergency management; creating the Nevada Hazard Mitigation Revolving Loan Account in the State General Fund; requiring the Division of Emergency Management of the Office of the Military to develop and carry out a program to grant loans to certain eligible recipients to fund hazard mitigation projects; requiring the Division to adopt regulations relating to the loan program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The federal Safeguarding Tomorrow through Ongoing Risk Mitigation Act, more commonly known as the STORM Act, authorizes the Administrator of the Federal Emergency Management Agency to provide capitalization grants to a state for the purpose of providing financial assistance in the form of loans to local governments and tribal governments for hazard mitigation projects. The STORM Act requires a state which receives such a capitalization grant to establish a loan fund. (42 U.S.C. § 5135)
Existing state law creates the Division of Emergency Management within the Office of the Military, which has various powers and duties related to emergency management. (NRS 414.040)
Section 8 of this bill creates the Nevada Hazard Mitigation Revolving Loan Account in the State General Fund as a revolving loan account administered by the Division.
Section 9 of this bill requires the Division to develop and carry out a program for an eligible recipient to apply for a loan from the Account for the purpose of financing a hazard mitigation project. Section 9 further: (1) requires the Division to prioritize approving loans for hazard mitigation projects that will have the greatest impact on mitigating hazards in this State; (2) with certain exceptions, requires the Division to condition a loan of money from the Account on compliance by an eligible entity with certain provisions concerning prevailing wages and competitive bidding; and (3) authorizes the Division to provide certain technical assistance to eligible recipients.
Section 10 of this bill provides that any loan of money from the Account must not be used to replace or supplant any other money available to an eligible recipient for hazard mitigation.
κ2025 Statutes of Nevada, Page 1769 (CHAPTER 258, SB 39)κ
Section 11 of this bill requires the Division to adopt regulations to carry out the provisions of this bill, including: (1) the procedures by which an eligible recipient may apply for a loan from the Account; and (2) the criteria for an eligible recipient to receive a loan from the Account.
Sections 3-7 of this bill, respectively, define the terms Account, Division, eligible recipient, hazard mitigation project and STORM Act.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 414 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Account means the Nevada Hazard Mitigation Revolving Loan Account created by section 8 of this act.
Sec. 4. Division means the Division of Emergency Management of the Office of the Military.
Sec. 5. Eligible recipient means:
1. A local government; or
2. A tribal government.
Sec. 6. Hazard mitigation project means any hazard mitigation project of an eligible recipient that qualifies pursuant to the STORM Act for financial assistance in the form of a loan of money from the Account.
Sec. 7. STORM Act means the federal Safeguarding Tomorrow through Ongoing Risk Mitigation Act, 42 U.S.C. § 5135.
Sec. 8. 1. The Nevada Hazard Mitigation Revolving Loan Account is hereby created in the State General Fund as a revolving loan account. The Account must be administered by the Division.
2. The Account consists of:
(a) Capitalization grants received from the Federal Emergency Management Agency pursuant to the STORM Act;
(b) Money appropriated by the Legislature to satisfy any matching funding, as required by the STORM Act;
(c) Money from the repayment of any loan made by Division from the Account to an eligible recipient; and
(d) Interest and income earned on the money in the Account.
3. All interest and income earned on the money in the Account must be credited to the Account.
4. Any money in the Account at the end of a fiscal year does not revert to the State General Fund and the balance in the Account must be carried forward to the next fiscal year.
Sec. 9. 1. The Division shall develop and carry out a program for an eligible recipient to apply for a loan from the Account for the purpose of financing a hazard mitigation project. Any loan of money from the Account to an eligible recipient must be made in compliance with any applicable requirement set forth in the STORM Act.
κ2025 Statutes of Nevada, Page 1770 (CHAPTER 258, SB 39)κ
2. In carrying out the program, the Division shall:
(a) Prioritize approving loans for hazard mitigation projects that the Division determines will have the greatest impact on mitigating hazards in this State; and
(b) Except as otherwise prohibited by federal law, require as a condition of a loan of money from the Account to fund all or part of the costs of a hazard mitigation project, an eligible entity to comply with the provisions of NRS 338.013 to 338.090, inclusive, and the competitive bidding requirements of chapter 338 of NRS.
3. The Division may provide technical assistance to eligible recipients in applying for and administering loans from the Account.
Sec. 10. Any loan of money from the Account must not be used to replace or supplant any other money available to an eligible recipient for hazard mitigation.
Sec. 11. The Division shall adopt regulations to carry out the provisions of sections 2 to 11, inclusive, of this act. The regulations must include, without limitation:
1. The procedures by which an eligible recipient may apply for a loan from the Account; and
2. The criteria for an eligible recipient to receive a loan from the Account, including, without limitation, a requirement for the eligible recipient to demonstrate:
(a) The need for the loan;
(b) The ability of the eligible recipient to repay the loan over a fixed term; and
(c) That the eligible recipient has the technical, managerial and financial ability to comply with any applicable requirement of the STORM Act.
Sec. 12. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 11, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
________
κ2025 Statutes of Nevada, Page 1771κ
Senate Bill No. 177Senator Ohrenschall
CHAPTER 259
[Approved: June 5, 2025]
AN ACT relating to education; authorizing a principal to assign a homeless pupil or a pupil in foster care to a temporary alternative placement under certain circumstances; revising the requirement for the principal of a school to consult with certain persons before determining that a homeless pupil or a pupil in foster care is a habitual disciplinary problem; revising the procedure for the suspension of homeless pupils or pupils in foster care and the procedure for determining whether homelessness or placement in foster care is a factor in the behavior of certain pupils; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the process for the principal of a school to determine that a pupil who is 11 years of age or older and enrolled in the school is a habitual disciplinary problem. (NRS 392.4655) Under existing law, if a pupil who is 11 years of age or older is deemed a habitual disciplinary problem and the school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil, the principal is generally authorized to suspend the pupil, or under extraordinary circumstances, expel the pupil from the school. (NRS 392.466) Existing law provides that before a pupil who is homeless or in foster care may be determined to be a habitual disciplinary problem, the principal is required to consult with certain persons. (NRS 392.4655) Section 1.5 of this bill requires the principal to conduct a meeting with those persons rather than consult with those persons. Section 1.5 also requires such a meeting concerning a pupil who is in foster care to additionally include the educational decision maker appointed for the pupil by a court under existing law. (NRS 432B.462)
Existing law requires that, to suspend from school a pupil who is homeless or has been placed in foster care for not more than 5 days, a determination must be made, after consultation with certain persons, that homelessness or being in foster care was not a factor in the behavior of the pupil. Under existing law, the person responsible for making such a determination is required to presume that homelessness or being in foster care was not a factor in the behavior and make the determination in consultation with certain persons. (NRS 392.466, 392.467) Sections 2 and 3 of this bill authorize a principal to suspend a homeless pupil or a pupil in foster care for 5 days or less without consideration of whether being homeless or being in foster care was a factor in the behavior of the pupil and to consider such factors when the pupil is suspended for more than 5 days. As soon as practicable and not later than the 10th school day after the pupil is suspended, sections 2 and 3 require the principal to consider whether the behavior was caused by or had a substantial relationship to the pupil being in foster care or being homeless during a meeting with certain persons who have an interest in the education of the pupil. If during such a meeting it is determined that the conduct was caused by or had a substantial relationship to the pupil being in foster care or being homeless, sections 2 and 3 additionally require the principal to either: (1) end the period of suspension and provide the pupil with behavioral and academic support; or (2) assign the pupil to a temporary alternative placement for not more than 45 school days if the pupil is a habitual disciplinary problem or the behavior that led to the suspension consisted of, while at school or a school activity, possessing a dangerous weapon or firearm, engaging in certain actions relating to controlled substances or committing a battery intended to cause bodily injury.
κ2025 Statutes of Nevada, Page 1772 (CHAPTER 259, SB 177)κ
Section 1 of this bill authorizes a principal to continue the temporary alternative placement of such a pupil for more than 45 days if the principal determines that the continued temporary placement is necessary for the safety of the pupil or others. Section 1 requires the principal to make such a determination after holding a meeting with the local educational agency liaison for homeless pupils or educational decision maker of the pupil and a contact person at the school. If the principal makes such a determination, section 1 additionally requires the principal to provide targeted intervention to the pupil and notify the educational decision maker appointed for the pupil concerning the right to an evaluation to determine if the pupil is eligible for special education and related services. Additionally, section 1 requires the principal to hold a meeting to create a plan for the transition of the pupil from the temporary alternative placement if the pupil is assigned to a temporary alternative placement for more than 21 days.
Sections 1.5-3 additionally require that the school have been given notice that the pupil is homeless or in foster care before the school is required to perform the tasks set forth in those sections.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.4645 is hereby amended to read as follows:
392.4645 1. A pupil may be temporarily removed from a classroom or other premises of a public school if, in the judgment of the teacher or other staff member responsible for the classroom or other premises, as applicable, the pupil has engaged in behavior that seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of the other pupils to learn or with the ability of the staff member to discharge his or her duties. Upon the removal of a pupil from a classroom or any other premises of a public school pursuant to this section, the principal of the school shall provide a written explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation. Within 24 hours after the removal of a pupil pursuant to this section, the principal of the school shall notify the parent or legal guardian of the pupil of the removal.
2. Except as otherwise provided in subsection 3, a pupil who is removed from a classroom or any other premises of a public school pursuant to this section may be assigned to a temporary alternative placement pursuant to which the pupil:
(a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement;
(b) Studies or remains under the supervision of appropriate personnel of the school district; and
(c) Is prohibited from engaging in any extracurricular activity sponsored by the school.
3. [The] Except as otherwise provided in subsection 15 of NRS 392.466 or subsection 9 of NRS 392.467, the principal shall not assign a pupil to a temporary alternative placement if the suspension or expulsion of a pupil who is removed from the classroom pursuant to this section is:
(a) Required by NRS 392.466; or
(b) Authorized by NRS 392.467 and the principal decides to proceed in accordance with that section.
Κ If the principal proceeds in accordance with NRS 392.466 or 392.467, the pupil must be removed from school in accordance with those sections and the provisions of NRS 392.4642 to 392.4648, inclusive, do not apply to the pupil.
κ2025 Statutes of Nevada, Page 1773 (CHAPTER 259, SB 177)κ
4. A public school must, on or before August 1 of each year, develop or review and revise a plan to offer a pupil, including, without limitation, a pupil who is less than 11 years of age, who is removed from a classroom or any other premises of the public school pursuant to this section or NRS 392.466 for more than 2 school days:
(a) Education services to prevent the pupil from losing academic credit or becoming disengaged from school during the period the pupil is removed from a classroom or any other premises of the public school; and
(b) Appropriate positive behavioral interventions and support, trauma-informed support and a referral to a school social worker or school counselor.
5. A plan developed by a public school pursuant to subsection 4 must include:
(a) An option to provide such education and support services to a pupil in an in-person setting;
(b) The location where such services will be provided to the pupil; and
(c) A plan for the pupil to complete any assignments or course work missed during his or her removal.
6. Each public school shall, on or before August 1 of each year, submit the plan that is developed or reviewed and revised pursuant to subsection 4 to:
(a) The board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable;
(b) The State Board; and
(c) The Joint Interim Standing Committee on Education.
7. Upon removing a pupil from a classroom or any other premises of a public school pursuant to this section for more than 1 school day, the principal of the school must contact the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker, to make a determination of whether the pupil is a homeless pupil.
8. After a pupil has been assigned to a temporary alternative placement pursuant to subsection 15 of NRS 392.466 or subsection 9 of NRS 392.467, a principal may continue the assignment for more than 45 school days if the principal determines that the continued temporary alternative placement is necessary for the safety of the pupil or others. The principal shall make such a determination before the pupil has been in a temporary alternative placement for more than 45 days.
9. The principal shall make the determination required by subsection 8 after holding a meeting with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or the educational decision maker appointed to the pupil pursuant to NRS 432B.462, as applicable, and a contact person from the school, including, without limitation, a school counselor or social worker, to discuss whether the pupil is a risk to the safety of himself or herself or others if not in the temporary alternative placement.
10. If the principal determines that the temporary alternative placement is to be continued for more than 45 days pursuant to subsection 8, the principal shall provide:
(a) Targeted interventions to the pupil during the temporary alternative placement; and
κ2025 Statutes of Nevada, Page 1774 (CHAPTER 259, SB 177)κ
(b) If an educational decision maker has been appointed for the pupil pursuant to NRS 432B.462, notification to the educational decision maker appointed to the pupil concerning the right to an evaluation to determine whether the pupil is eligible for special education and related services.
11. If a pupil is assigned to a temporary alternative placement for more than 21 days, the principal shall develop a plan to assist the pupil in the transition out of the temporary alternative placement before the termination of the temporary alternative placement. The plan must include, without limitation:
(a) The school that the pupil will attend after the temporary alternative placement; and
(b) Appropriate targeted scientific, research-based interventions and behavioral supports for the pupil at the school pursuant to an intervention plan to remediate any academic or behavioral difficulty of the pupil.
12. The principal shall hold a meeting to develop the plan required by subsection 11 with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or the educational decision maker appointed to the pupil pursuant to NRS 432B.462, as applicable, and a contact person from the school, including, without limitation, a school counselor or social worker.
13. If the principal provides three written notices on 3 separate days requesting a person to attend a meeting required by subsection 9 or 12 and does not receive a response from the person within 24 hours after sending the third notice, the principal may hold the meeting without that person.
14. Each school district shall, on or before August 1 of each year, collect a representative sample of the plans developed pursuant to subsection 4 and submit a copy of the sampled plans to:
(a) The Joint Interim Standing Committee on Education;
(b) The Department; and
(c) The State Board.
[9.] 15. The sample of plans that is collected pursuant to subsection [8] 14 must correspond with the proportion of pupils within the school district who are:
(a) Economically disadvantaged;
(b) From major racial and ethnic groups;
(c) Pupils with disabilities;
(d) English learners;
(e) Migratory children;
(f) Of each gender;
(g) Homeless;
(h) In foster care; and
(i) Pupils whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.
[10.] 16. As used in this section, homeless pupil has the meaning ascribed to the term homeless children and youths in 42 U.S.C. § 11434a(2).
Sec. 1.5. NRS 392.4655 is hereby amended to read as follows:
392.4655 1. Except as otherwise provided in this section, a principal of a school shall deem a pupil who is at least 11 years of age and enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:
κ2025 Statutes of Nevada, Page 1775 (CHAPTER 259, SB 177)κ
(a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school two or more times or the pupil has a record of five significant suspensions from the school for any reason;
(b) The school has made reasonable efforts to develop a plan of behavior pursuant to subsection [5] 6 and the pupil has not made efforts to enter into or participate in such a plan of behavior;
(c) The homelessness of the pupil was not a factor in his or her behavior, as determined [in consultation] after conducting a meeting with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker; [and]
(d) The placement in foster care of the pupil was not a factor in his or her behavior, as determined [in consultation] after conducting a meeting with a contact person at the school, including, without limitation, a school counselor or school social worker [.] , and the educational decision maker appointed for the pupil pursuant to NRS 432B.462; and
(e) The school has been notified that the pupil is homeless or in foster care.
2. If the principal provides three written notices on 3 separate days requesting a person attend a meeting required by subsection 1 and does not receive a response from the person within 24 hours after sending the third notice, the principal may hold the meeting without that person.
3. At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupils record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable. Upon receipt of such a request, the superintendent or administrative head shall review the initial request and determination pursuant to the procedure established by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters.
[3.] 4. If a pupil is suspended, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil that contains:
(a) A description of the act committed by the pupil and the date on which the act was committed;
(b) An explanation that if the pupil receives five significant suspensions on his or her record during the current school year and has not entered into and participated in a plan of behavior pursuant to subsection [5,] 6, the pupil will be deemed a habitual disciplinary problem;
(c) An explanation that, pursuant to subsection 8 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem may be:
(1) Suspended from school; or
(2) Expelled from school under extraordinary circumstances as determined by the principal of the school;
κ2025 Statutes of Nevada, Page 1776 (CHAPTER 259, SB 177)κ
(d) If the pupil is a pupil with a disability, an explanation of the effect of subsection 12 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupils behavior is not a manifestation of the pupils disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and
(e) A summary of the provisions of subsection [5.] 6.
[4.] 5. A school shall provide the notice required by subsection [3] 4 for each suspension on the record of a pupil during a school year. Such notice must be provided at least 7 days before the school deems the pupil a habitual disciplinary problem.
[5.] 6. If a pupil, including, without limitation, a pupil who is less than 11 years of age, is suspended, the school in which the pupil is enrolled shall develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. The parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil may choose for the pupil not to participate in the plan of behavior. If the parent or legal guardian of the pupil or the pupil chooses for the pupil not to participate, the school shall inform the parent or legal guardian or the pupil of the consequences of not participating in the plan of behavior. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation:
(a) A plan for graduating if the pupil is deficient in credits and not likely to graduate according to schedule.
(b) Information regarding schools with a mission to serve pupils who have been:
(1) Expelled or suspended from a public school, including, without limitation, a charter school; or
(2) Deemed to be a habitual disciplinary problem pursuant to this section.
(c) A voluntary agreement by the parent or legal guardian to attend school with his or her child.
(d) A voluntary agreement by the pupil and, if the pupil is not an unaccompanied pupil, the pupils parent or legal guardian to attend counseling, programs or services available in the school, school district or community.
(e) A voluntary agreement by the pupil and, if the pupil is not an unaccompanied pupil, the pupils parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school or school district.
[6.] 7. If a pupil commits the same act for which notice was provided pursuant to subsection [3] 4 after he or she enters into a plan of behavior pursuant to subsection [5,] 6, the pupil shall be deemed to have not successfully completed the plan of behavior and may be deemed a habitual disciplinary problem.
[7.] 8. A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.
[8.] 9. The parent or legal guardian of a pupil or, if the pupil is an unaccompanied pupil, a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, shall review the determination in accordance with the procedure established by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters.
κ2025 Statutes of Nevada, Page 1777 (CHAPTER 259, SB 177)κ
charter school or university school for profoundly gifted pupils, as applicable, shall review the determination in accordance with the procedure established by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters.
[9.] 10. As used in this section:
(a) Foster care has the meaning ascribed to it in 45 C.F.R. § 1355.20.
(b) Significant suspension means the school in which the pupil is enrolled:
(1) Prohibits the pupil from attending school for 3 or more consecutive days; and
(2) Requires a conference or some other form of communication with the parent or legal guardian of the pupil before the pupil is allowed to return to school.
(c) Unaccompanied pupil has the meaning ascribed to the term unaccompanied youth in 42 U.S.C. § 11434a(6).
Sec. 2. NRS 392.466 is hereby amended to read as follows:
392.466 1. Except as otherwise provided in this section, any pupil who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus shall meet with the school and his or her parent or legal guardian. The school shall provide a plan of action based on restorative justice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil. The pupil may be suspended, expelled or permanently expelled from the school, except that:
(a) A pupil who is less than 11 years of age may not be expelled or permanently expelled pursuant to this subsection.
(b) A pupil who is less than 6 years of age may be suspended pursuant to this subsection, and the suspension must be reviewed and approved by the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.
(c) For a pupil with a disability who has been suspended or expelled pursuant to this subsection, the school in which the pupil is enrolled shall make available to the pupil a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.
2. Except as otherwise provided in this section, any pupil who commits a battery against an employee of the school while on the premises of any public school, at an activity sponsored by a public school or on any school bus shall meet with the school and his or her parent or legal guardian. The school shall provide a plan of action based on restorative justice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil. The pupil may be suspended, expelled or permanently expelled from the school, except that:
(a) A pupil who is less than 8 years of age may not be expelled or permanently expelled pursuant to this subsection.
(b) A pupil who is less than 6 years of age may be suspended pursuant to this subsection, and the suspension must be reviewed and approved by the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.
κ2025 Statutes of Nevada, Page 1778 (CHAPTER 259, SB 177)κ
(c) For a pupil with a disability who has been suspended or expelled pursuant to this subsection, the school in which the pupil is enrolled shall make available to the pupil a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.
3. Except as otherwise provided in this section, any pupil who commits a battery which is intended to result in the bodily injury of an employee of the school while on the premises of any public school, at an activity sponsored by a public school or on any school bus shall meet with the school and his or her parent or legal guardian. The school shall provide a plan of action based on restorative justice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil. The pupil must be suspended, expelled or permanently expelled from the school, except that:
(a) A pupil who is less than 8 years of age may not be expelled or permanently expelled pursuant to this subsection.
(b) A pupil who is less than 6 years of age may be suspended pursuant to this subsection, and the suspension must be reviewed and approved by the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.
(c) For a pupil with a disability who has been suspended or expelled pursuant to this subsection, the school in which the pupil is enrolled shall make available to the pupil a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.
4. An employee who is a victim of a battery which is intended to result in the bodily injury of an employee of the school may appeal to the school a plan of action provided pursuant to subsection 3 if:
(a) The employee feels any actions taken pursuant to such plan are inappropriate; and
(b) For a pupil with a disability who committed the battery, the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, or its designee has reviewed the circumstances and determined that such an appeal is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
5. Except as otherwise provided in this section, any pupil, including, without limitation, a pupil with a disability, who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is found in possession of a dangerous weapon other than a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus may be removed from the public school immediately upon being given an explanation of the reasons for the removal of the pupil and pending proceedings, which must be conducted as soon as practicable after removal, for his or her suspension, expulsion or permanent expulsion, except that:
(a) A pupil who is less than 11 years of age may not be expelled or permanently expelled pursuant to this subsection.
(b) A pupil who is less than 6 years of age may be suspended pursuant to this subsection only after the suspension is reviewed and approved by the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.
κ2025 Statutes of Nevada, Page 1779 (CHAPTER 259, SB 177)κ
superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.
(c) For a pupil with a disability who has been suspended or expelled pursuant to this subsection, the public school in which the pupil is enrolled shall make available to the pupil a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.
6. Except as otherwise provided in this section, any pupil, including, without limitation, a pupil with a disability, who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must be removed from the public school immediately upon being given an explanation of the reasons for the removal of the pupil and pending proceedings, which must be conducted as soon as practicable after removal, for his or her suspension, expulsion or permanent expulsion. A pupil who is:
(a) Eleven years of age or older shall be suspended, expelled or permanently expelled pursuant to this section.
(b) At least 8 but less than 11 years of age shall be suspended or expelled pursuant to this subsection.
(c) At least 6 but less than 8 years of age may be suspended pursuant to this subsection.
(d) Less than 6 years of age may be suspended pursuant to this subsection only after the suspension is reviewed and approved by the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.
(e) A pupil with a disability who has been suspended or expelled pursuant to this subsection must be provided with a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., by the public school in which the pupil is enrolled for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.
7. If a school is unable to retain a pupil in the school pursuant to subsections 1 to 6, inclusive, for the safety of any person or because doing so would not be in the best interest of the pupil, the pupil may be suspended, expelled or placed in another school. If a pupil, including, without limitation, a pupil who is less than 11 years of age, is placed in another school, the current school of the pupil shall explain what services will be provided to the pupil at the new school that the current school is unable to provide to address the specific needs and behaviors of the pupil. The current school of the pupil shall coordinate with the new school to create a plan of action based on restorative justice for the pupil and to ensure that any resources required to execute the plan of action based on restorative justice are available at the new school.
8. Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655 and the school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil, based on the seriousness of the acts which were the basis for the discipline, the pupil may be:
κ2025 Statutes of Nevada, Page 1780 (CHAPTER 259, SB 177)κ
(a) Suspended from the school; or
(b) Expelled from the school under extraordinary circumstances as determined by the principal of the school.
9. If the pupil is expelled, or the period of the pupils suspension is for one school semester, the pupil must:
(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled;
(b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program; or
(c) Enroll in a program of alternative education provided by the school district in which the pupil resides. Each school district shall, alone or through a partnership with another school district, provide a program of alternative education pursuant to this paragraph in an in-person setting that allows each pupil enrolled in the program to receive educational services in the least restrictive educational environment.
10. The superintendent of schools of a school district or the administrative head of a charter school or university school for profoundly gifted pupils, as applicable, may, for good cause shown in a particular case in that school district or public school, as applicable, allow a modification to a suspension or expulsion pursuant to subsections 1 to 8, inclusive, if such modification is set forth in writing. The superintendent or the administrative head of a charter school or university school for profoundly gifted pupils, as applicable, shall allow such a modification if he or she determines that a plan of action based on restorative justice may be used successfully.
11. This section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable.
12. Except as otherwise provided in subsection 5 or 6, a pupil with a disability who is at least 11 years of age may, in accordance with the procedural policy adopted by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters and only after the board of trustees of the school district or governing body, as applicable, or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:
(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
(b) Expelled from school pursuant to this section.
(c) Permanently expelled from school pursuant to this section.
13. [A] If a school has notice that the pupil is homeless or in foster care, a homeless pupil or a pupil in foster care may be suspended from school pursuant to this section for [not] more than 5 days if, following a review of all available information [,] and, if an educational decision maker has been appointed for the pupil pursuant to NRS 432B.462, a meeting with the educational decision maker for the pupil, the principal determines that the conduct of the pupil poses an ongoing threat to the pupil or other persons at the school and if a determination is made that homelessness or being in foster care was not a factor in the behavior that led to the consideration for suspension or expulsion.
κ2025 Statutes of Nevada, Page 1781 (CHAPTER 259, SB 177)κ
that the conduct of the pupil poses an ongoing threat to the pupil or other persons at the school and if a determination is made that homelessness or being in foster care was not a factor in the behavior that led to the consideration for suspension or expulsion. [The person responsible for making a determination of whether or not homelessness or being in foster care was a factor in the behavior shall presume that homelessness or being in foster care was not a factor in the behavior unless the person determines otherwise pursuant to this subsection. A determination that homelessness was not a factor in the behavior must be made in consultation with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker. A determination that being in foster care was not a factor in the behavior must be made in consultation with an advocate for pupils in foster care at the school in which the pupil is enrolled or the school counselor of the pupil.]
14. As soon as possible and not later than the 10th school day after the pupil was suspended from school pursuant to subsection 13, the principal shall review all relevant information to consider whether the behavior which led to the suspension was caused by or had a direct and substantial relationship to the pupil being in foster care or being homeless in a meeting with the educational decision maker for the pupil or surrogate parent, if one has been appointed pursuant to NRS 432B.462 or 34 C.F.R. § 300.519, as applicable, an advocate for pupils in foster care at the school and any other person the principal determines necessary. The relevant information to be reviewed during the meeting must include, without limitation:
(a) The pupils cumulative record;
(b) The pupils academic plan, if one exists;
(c) Observations by staff of the conduct leading to suspension and the pupil generally; and
(d) Any other information provided by a person at the meeting.
15. If during the meeting held pursuant to subsection 14, the principal determines that the behavior leading to suspension was caused by or had a substantial relationship to the pupil being in foster care or being homeless, the principal shall:
(a) Eliminate the period of suspension and provide the pupil with behavioral and academic support, including, without limitation, the development of or revisions to an academic plan; or
(b) Assign the pupil to a temporary alternative placement for not more than 45 school days pursuant to NRS 392.4645, if the pupil is a habitual disciplinary problem pursuant to NRS 392.4655 or the behavior that led to the suspension consisted of, while on the premises of any public school, at an activity sponsored by a public school or on any school bus:
(1) Possessing a dangerous weapon or firearm;
(2) Knowingly possessing, using, selling, distributing or soliciting for sale a controlled substance; or
(3) Committing a battery with the intent to cause bodily injury.
16. If the principal provides three written notices on 3 separate days requesting a person attend a meeting required by subsection 13 or 14 and does not receive a response from the person within 24 hours after sending the third notice, the principal may hold the meeting without that person.
κ2025 Statutes of Nevada, Page 1782 (CHAPTER 259, SB 177)κ
17. The principal of a public school may, at his or her discretion, reduce or eliminate the period of suspension, convert an expulsion to a suspension or otherwise reduce, eliminate or alter a disciplinary action imposed upon a pupil who commits a battery which results in the bodily injury of an employee of the school.
[15.] 18. The principal of a public school may reduce the period of suspension or convert an expulsion to a suspension for a pupil who distributes a controlled substance while on the premises of a public school, at an activity sponsored by a public school or on a school bus if:
(a) The pupil is less than 11 years of age;
(b) The pupil has not engaged in such proscribed conduct before; and
(c) After a thorough review of the facts and circumstances, the principal determines that the pupil did not know that the substance being distributed was a controlled substance.
[16.] 19. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such hearings or proceedings must be closed to the public.
[17.] 20. As used in this section:
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) Bodily injury means any actual damage or injury to a person that interferes with or is detrimental to the health of the person and is more than merely accidental, transient or trifling in nature.
(c) Dangerous weapon includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(d) Firearm includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a firearm in 18 U.S.C. § 921, as that section existed on July 1, 1995.
(e) Foster care has the meaning ascribed to it in 45 C.F.R. § 1355.20.
(f) Homeless pupil has the meaning ascribed to the term homeless children and youths in 42 U.S.C. § 11434a(2).
(g) Permanently expelled means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:
(1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district; and
(2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.
(h) Restorative justice has the meaning ascribed to it in NRS 392.472.
(i) Unaccompanied pupil has the meaning ascribed to the term unaccompanied youth in 42 U.S.C. § 11434a(6).
[18.] 21. The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupils suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.
κ2025 Statutes of Nevada, Page 1783 (CHAPTER 259, SB 177)κ
school must be provided with access to the records of the pupil relating to the pupils suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.
Sec. 3. NRS 392.467 is hereby amended to read as follows:
392.467 1. Except as otherwise provided in subsections 5 and 6 and NRS 392.466, the board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils, as applicable, or its designee may authorize the suspension or expulsion of any pupil who is at least 11 years of age from a public school. Except as otherwise provided in this subsection and subsections 5 and 6 of NRS 392.466, a pupil who is at least 6 years of age but less than 11 years of age must not be expelled or permanently expelled from school. In extraordinary circumstances, a school may request an exception to the prohibition set forth in this subsection against expelling or permanently expelling a pupil who is less than 11 years of age from school from the board of trustees of the school district or the governing body of the charter school or university school, as applicable.
2. A pupil who is less than 6 years of age must not be permanently expelled from school.
3. Except as otherwise provided in subsection 6, no pupil may be suspended or expelled until the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity to schedule a hearing, except that a pupil who:
(a) Poses a continuing danger to persons or property;
(b) Is an ongoing threat of disrupting the academic process;
(c) Is selling or distributing any controlled substance; or
(d) Is found to be in possession of a firearm or a dangerous weapon as provided in NRS 392.466,
Κ may be removed from the school immediately upon being given an explanation of the reasons for his or her removal and pending proceedings, to be conducted as soon as practicable after removal, for the pupils suspension or expulsion.
4. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such hearings or proceedings must be closed to the public.
5. The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils, as applicable, or its designee shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely for offenses related to attendance or because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.
6. A pupil with a disability may, in accordance with the procedural policy adopted by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters and only after an administrative review of the circumstances and a determination that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:
(a) Suspended from school pursuant to this section for not more than 10 days for each occurrence of proscribed conduct.
(b) Expelled from school pursuant to this section.
(c) Permanently expelled from school pursuant to this section.
κ2025 Statutes of Nevada, Page 1784 (CHAPTER 259, SB 177)κ
7. [A] If the school is on notice that a pupil is homeless or in foster care, a homeless pupil or a pupil in foster care may be suspended from school pursuant to this section for [not] more than 5 days if, following a review of all available information [,] and, if an educational decision maker has been appointed for the pupil pursuant to NRS 432B.462, a meeting with the educational decision maker for the pupil, the principal determines that the conduct of the pupil poses an ongoing threat to the pupil or other persons at the school and if a determination is made that homelessness or being in foster care was not a factor in the behavior that led to the consideration for suspension or expulsion. [The person responsible for making a determination of whether or not homelessness or being in foster care was a factor in the behavior shall presume that homelessness or being in foster care was not a factor in the behavior unless the person determines otherwise pursuant to this subsection. A determination that homelessness was not a factor in the behavior must be made in consultation with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker. A determination that being in foster care was not a factor in the behavior must be made in consultation with an advocate for pupils in foster care at the school in which the pupil is enrolled or the school counselor of the pupil.]
8. As soon as practicable and not later than the 10th school day after the pupil was suspended from school pursuant to subsection 7, the principal shall review all relevant information to consider whether the behavior which led to the suspension was caused by or had a direct and substantial relationship to the pupil being in foster care or being homeless in a meeting with the educational decision maker for the pupil or surrogate parent, if one has been appointed pursuant to NRS 432B.462 or 34 C.F.R. § 300.519, as applicable, an advocate for pupils in foster care at the school and any other person the principal determines necessary. The relevant information to be reviewed during the meeting must include, without limitation:
(a) The pupils cumulative record;
(b) The pupils academic plan, if one exists;
(c) Observations by staff of the conduct leading to suspension and the pupil generally; and
(d) Any other information provided by a person at the meeting.
9. If during the meeting held pursuant to subsection 8, the principal determines that the behavior leading to suspension was caused by or had a substantial relationship to the pupil being in foster care or being homeless, the principal shall:
(a) Eliminate the period of suspension and provide the pupil with behavioral and academic support, including, without limitation, the development of or revisions to an academic plan; or
(b) Assign the pupil to a temporary alternative placement for not more than 45 school days pursuant to NRS 392.4645, if the pupil is a habitual disciplinary problem pursuant to NRS 392.4655 or the behavior that led to the suspension consisted of, while on the premises of any public school, at an activity sponsored by a public school or on any school bus:
(1) Possessing a dangerous weapon or firearm;
(2) Knowingly possessing, using, selling, distributing or soliciting for sale a controlled substance; or
κ2025 Statutes of Nevada, Page 1785 (CHAPTER 259, SB 177)κ
(3) Committing a battery with intent to cause bodily injury.
10. If the principal provides three written notices on 3 separate days requesting a person attend a meeting required by subsection 7 or 8 and does not receive a response from the person, the principal may hold the meeting without that person.
11. As used in this section:
(a) Battery has the meaning ascribed to it in NRS 392.466.
(b) Bodily injury has the meaning ascribed to it in NRS 392.466.
(c) Dangerous weapon has the meaning ascribed to it in NRS 392.466.
(d) Firearm has the meaning ascribed to it in NRS 392.466.
(e) Foster care has the meaning ascribed to it in 45 C.F.R. § 1355.20.
[(b)] (f) Homeless pupil has the meaning ascribed to the term homeless children and youths in 42 U.S.C. § 11434a(2).
[(c)] (g) Permanently expelled means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:
(1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district; and
(2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.
Sec. 3.5. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. This act becomes effective on July 1, 2025.
________
Senate Bill No. 359Committee on Judiciary
CHAPTER 260
[Approved: June 5, 2025]
AN ACT relating to vehicles; revising provisions governing a hearing to contest the determination set forth in a civil infraction citation; authorizing a court to consolidate a criminal complaint for a misdemeanor offense and a civil infraction under certain circumstances; prescribing requirements for a consolidated hearing; clarifying that certain traffic and related offenses may be charged as misdemeanors if committed in conjunction with driving under the influence of alcohol or a controlled substance; requiring those offenses to be reduced to civil infractions if the charge of driving under the influence is dismissed unless an exception applies; revising provisions governing the reduction of certain moving traffic violations to nonmoving violations; authorizing a board of county commissioners to impose a civil penalty in lieu of a criminal penalty for the violation of a county ordinance under certain circumstances; clarifying the locations to which certain statutory duties of a driver involved in a crash apply; and providing other matters properly relating thereto.
κ2025 Statutes of Nevada, Page 1786 (CHAPTER 260, SB 359)κ
Legislative Counsels Digest:
Existing law establishes the procedures for a hearing at which a person may contest whether the person committed a violation set forth in a civil infraction citation. (NRS 484A.7041) Section 1 of this bill makes certain rules of evidence applicable to the adjudication of contested cases under the Nevada Administrative Procedure Act applicable to any such hearing. Section 4 of this bill replaces a requirement that, before any such hearing, the person must post a bond equal to the amount of the full payment of the monetary penalty, administrative assessment and any fees specified in the civil infraction citation with a requirement that the person must post a bond of not more than that amount. Section 4 also: (1) authorizes counsel to appear on behalf of a person who requests a hearing; and (2) provides that if counsel appears, the person is not required to attend the hearing and is deemed to have stipulated to his or her identity as the recipient of the civil infraction citation. Finally, section 4 requires a court to dismiss a civil infraction citation if the peace officer who issued the citation does not appear at the hearing or submit a written statement, unless sufficient evidence is otherwise presented to establish the infraction.
Under existing law, if a person is arrested for a misdemeanor offense arising out of the same facts and circumstances as certain violations of law that are punishable as civil infractions, the offense and the civil infraction may be included in the same criminal complaint. (NRS 484A.7033) Section 2 of this bill instead authorizes a court, under certain circumstances, to consolidate a criminal complaint for a misdemeanor offense and a civil infraction. Section 2 also prescribes procedures for holding a single, consolidated hearing and sets forth specific requirements for such a hearing.
Existing law requires that civil penalties imposed for civil infractions be paid to: (1) the treasurer of the city in which the civil infraction occurred; or (2) if the civil infraction did not occur in a city, the treasurer of the county in which the civil infraction occurred. (NRS 484A.7043) Section 4.5 of this bill instead requires that civil penalties collected by a: (1) municipal court be paid to the treasurer of the city in which the court is located; and (2) justice court be paid to the treasurer of the county in which the court is located. Section 4.5 also prohibits a court from awarding attorneys fees or costs to any party in a hearing to contest a civil infraction citation, regardless of the outcome.
Existing law: (1) authorizes a prosecuting attorney to elect to treat certain traffic and related offenses that are punishable as a misdemeanor instead as a civil infraction; and (2) provides a procedure for making such an election. Pursuant to this procedure, existing law requires the prosecuting attorney to make the election on or before the time scheduled for the first appearance of the defendant. (NRS 484A.7049) Section 5 of this bill eliminates this requirement and certain related procedural requirements. Section 3 of this bill makes a conforming change to remove a reference to provisions eliminated by section 5.
Under existing law, if a person commits a traffic or related offense punishable as a civil infraction while under the influence of alcohol or a controlled substance, the person may instead be charged with a misdemeanor for the traffic or related offense. (NRS 484A.705) Section 6 of this bill clarifies that this provision applies when a person commits a traffic or related offense and is also charged with driving under the influence of alcohol or a controlled substance. Section 6 further requires the misdemeanor charge to be reduced to a civil infraction if the charge of driving under the influence of alcohol or a controlled substance, is dismissed, unless the dismissal occurs pursuant to a plea agreement.
Existing law makes it unlawful to drive a vehicle at certain speeds. Existing law also: (1) authorizes a court, in its discretion, to reduce a violation of this prohibition to a nonmoving violation; and (2) establishes a presumption in favor of such a reduction if the person cited for the violation pays all applicable fines and fees before the date on which the person is first required to appear in court relating to the citation. (NRS 484B.600) Section 7 of this bill eliminates this presumption. Section 7 instead authorizes a court, in its discretion, to reduce a moving traffic violation for speeding to a nonmoving violation if the person cited: (1) admits to committing the violation and pays all applicable fines and fees on or before the date on which the person is first required to appear in court relating to the citation; and (2) provides the court with a copy of his or her driving record.
κ2025 Statutes of Nevada, Page 1787 (CHAPTER 260, SB 359)κ
and pays all applicable fines and fees on or before the date on which the person is first required to appear in court relating to the citation; and (2) provides the court with a copy of his or her driving record. Section 7 further prohibits a court from granting such a reduction if the driving record of the person indicates a pattern of moving traffic violations.
Existing law also authorizes a board of county commissioners to provide a civil penalty in lieu of a criminal penalty for the violation of certain types of ordinances. (NRS 244.189, 244.3575, 244.359) Section 12 of this bill authorizes a board of county commissioners to impose a civil penalty instead of a criminal penalty for the violation of a county ordinance unless state law expressly prohibits the imposition of a civil penalty or prescribes a criminal penalty for the same act or omission.
Existing law requires the driver of a vehicle involved in a crash to take certain actions, which vary depending on whether the crash involves injury or death or attended or unattended property and whether a police officer is present. (NRS 484E.020-484E.050) Sections 8-11 of this bill clarify the location-based requirements for the responsibilities of a driver following a crash on a highway or premises to which the public has access. Specifically, section 8 requires the driver of a vehicle involved in such a crash that results only in damage to a vehicle or other property driven or attended by a person to stop and, if the vehicle is obstructing traffic and can be moved safely, move it to a safe location. (NRS 484E.020) Section 9 requires the driver of a vehicle involved in such a crash that results in injury, death or damage to attended property to stop, provide certain information, render aid if needed and report the crash to law enforcement under certain circumstances. (NRS 484E.030) Section 10 clarifies that the duties of a driver who is involved in a crash with unattended property apply when the crash occurs on a highway or premises to which the public has access. (NRS 484E.040) Section 11 provides that the duty to report a crash involving unattended property applies when the crash occurs on a highway. (NRS 484E.050)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A hearing conducted pursuant to NRS 484A.7041 must be conducted by a court having jurisdiction of the offense, as specified in NRS 484A.750, in accordance with the provisions of this section and any rules adopted by the Nevada Supreme Court.
2. At a hearing conducted pursuant to NRS 484A.7041:
(a) The court, the defendant, the attorney for the defendant, if any, and the prosecuting attorney, if any, have the right to subpoena witnesses in accordance with applicable court rules.
(b) Oral evidence may be taken only upon oath or affirmation.
(c) Every party has the right to:
(1) Call and examine witnesses;
(2) Introduce exhibits relevant to the issues of the case;
(3) Cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;
(4) Impeach any witness regardless of which party first called the witness to testify; and
κ2025 Statutes of Nevada, Page 1788 (CHAPTER 260, SB 359)κ
(5) Offer rebuttal evidence.
3. A hearing conducted pursuant to NRS 484A.7041 is an informal proceeding. The court:
(a) Shall liberally construe the rules relating to evidence at any such hearing; and
(b) May admit evidence if the court determines that the evidence has probative value to a fact at issue in the case.
4. The court may:
(a) Conduct a hearing by telephone, audiovisual means or other electronic means.
(b) Permit a party or witness residing outside of the judicial district in which the court is located to testify by telephone, audiovisual means or other electronic means.
Sec. 2. NRS 484A.7033 is hereby amended to read as follows:
484A.7033 1. Except as otherwise provided by law, a peace officer in this State who has reasonable cause to believe that a person has violated a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is a civil infraction may halt and detain the person as is reasonably necessary to investigate the alleged violation and issue a civil infraction citation for the alleged violation. A peace officer who has halted and detained a person pursuant to this section may also:
(a) Detain the person in accordance with NRS 171.123 if circumstances exist that warrant such a detention;
(b) Search the person to ascertain the presence of a weapon in accordance with NRS 171.1232 and take any other action authorized pursuant to that section or any other provision of law; and
(c) Arrest the person in accordance with NRS 171.1231 if probable cause for the arrest exists.
2. [If] Except as otherwise provided in subsection 4, if a person is arrested [pursuant to paragraph (c) of subsection 1] or cited for [an] a misdemeanor offense [that arises out of] arising from the same facts and circumstances as [the] a violation for which a civil infraction [and] citation is [punishable as a misdemeanor,] issued, the [offense] court may, upon motion of either party or on its own motion, consolidate the criminal complaint and the civil infraction [may be included in] at any stage of the [same] proceedings. In a consolidated hearing:
(a) The rules governing the criminal complaint [.] apply, except that the court must determine whether a civil infraction was committed based on a preponderance of the evidence, as provided in subsection 5 of NRS 484A.7041.
(b) If the defendant is represented by an attorney appointed to provide indigent defense services for the criminal complaint, the hearing must be bifurcated, and the attorney for the defendant must not be required to represent the defendant during the portion of the hearing addressing the civil infraction.
3. If a misdemeanor offense and a civil infraction are included in the same criminal complaint or are consolidated pursuant to subsection 2, the court must consider the evidence and render judgment for both the misdemeanor offense and the civil infraction at the same hearing.
4. The provisions of subsection 2 that authorize the court to consolidate a misdemeanor offense and a civil infraction do not apply if the court has entered an order finding that the person committed the civil infraction pursuant to subsection 4 of NRS 484A.704.
κ2025 Statutes of Nevada, Page 1789 (CHAPTER 260, SB 359)κ
the court has entered an order finding that the person committed the civil infraction pursuant to subsection 4 of NRS 484A.704.
5. A consolidated hearing conducted pursuant to this section must be conducted by the court without a jury.
Sec. 3. NRS 484A.7035 is hereby amended to read as follows:
484A.7035 1. When a person is halted by a peace officer in this State for any violation of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is a civil infraction, or a prosecuting attorney elects to treat a violation of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a misdemeanor instead as a civil infraction in accordance with NRS 484A.7049, the peace officer or prosecuting attorney, as applicable, may prepare a civil infraction citation manually or electronically in the form of a complaint issuing in the name of The State of Nevada, containing : [, except as otherwise provided in paragraph (a) of subsection 2 of NRS 484A.7049:]
(a) A statement that the citation represents a determination by a peace officer or prosecuting attorney that a civil infraction has been committed by the person named in the citation and that the determination will be final unless contested as provided in NRS 484A.703 to 484A.705, inclusive;
(b) A statement that a civil infraction is not a criminal offense;
(c) The name, date of birth, residential address and mailing address, if different from the residential address, telephone number and electronic mail address of the person who is being issued the citation and an indication as to whether the person has agreed to receive communications relating to the civil infraction by text message;
(d) The state registration number of the persons vehicle, if any;
(e) The number of the persons drivers license, if any;
(f) The civil infraction for which the citation was issued;
(g) The personnel number or other unique agency identification number of the peace officer issuing the citation and the address and phone number of the agency which employs the peace officer or, if a prosecuting attorney is issuing the citation, the personnel number or other unique agency identification number of the peace officer who halted the person for the violation or the volunteer appointed pursuant to NRS 484B.470 who issued the citation and the address and phone number of the agency which employs the peace officer or volunteer, preprinted or printed legibly on the citation;
(h) A statement of the options provided pursuant to NRS 484A.703 to 484A.705, inclusive, for responding to the citation and the procedures necessary to exercise these options;
(i) A statement that, at any hearing to contest the determination set forth in the citation, the facts that constitute the infraction must be proved by a preponderance of the evidence and the person may subpoena witnesses, including, without limitation, the peace officer or duly authorized member or volunteer of a traffic enforcement agency who issued the citation or halted the person; and
(j) A statement that the person must respond to the citation as provided in NRS 484A.703 to 484A.705, inclusive, within 90 calendar days.
2. A peace officer who issues a civil infraction citation pursuant to subsection 1 shall sign the citation and deliver a copy of the citation to the person charged with the civil infraction. If the citation is prepared electronically, the peace officer shall sign the copy of the citation that is delivered to the person charged with the violation.
κ2025 Statutes of Nevada, Page 1790 (CHAPTER 260, SB 359)κ
3. A civil infraction citation may be served by delivering a copy of the citation to the person charged with the civil infraction pursuant to this section . [or NRS 484A.7049.] The acceptance of a civil infraction citation by the person charged with the civil infraction shall be deemed personal service of the citation and a copy of the citation signed by the peace officer or prosecuting attorney, as applicable, constitutes proof of service. If a person charged with a civil infraction refuses to accept a civil infraction citation, the copy of the citation signed by the peace officer or prosecuting attorney, as applicable, constitutes proof of service.
Sec. 4. NRS 484A.7041 is hereby amended to read as follows:
484A.7041 1. If, pursuant to subsection 3 of NRS 484A.704, a person receiving a civil infraction citation requests a hearing to contest the determination that the person has committed the civil infraction set forth in the citation, the hearing must be conducted in accordance with this section.
2. Except as otherwise provided in this subsection, before a hearing to contest the determination that a person has committed a civil infraction, the court shall require the person to post a bond [equal to] or deposit cash with the court. The court shall fix the amount of the bond or cash deposit at not more than the amount of the full payment of the monetary penalty, the administrative assessment and any fees specified in the civil infraction citation. [In lieu of posting such a bond, the person may instead deposit cash with the court in the amount of the bond required pursuant to this subsection.] Any bond posted or cash deposited with the court pursuant to this subsection must be forfeited upon the courts finding that the person committed the civil infraction. Any person whom the court determines is unable to pay the costs of defending the action or is a client of a program for legal aid in accordance with NRS 12.015 must not be required to post a bond or deposit cash with the court in accordance with this subsection.
3. The person who requested the hearing may, at his or her expense, be represented by counsel . [, and a city attorney or district attorney,] A prosecuting attorney may, in his or her discretion [and as applicable, may represent] , represent the plaintiff. If counsel appears on behalf of the person who requested the hearing, that person is not required to attend the hearing and is deemed to have stipulated to his or her identity as the [plaintiff.] person who received the civil infraction citation.
4. A hearing conducted pursuant to this section must be conducted by the court without a jury. In lieu of the personal appearance at the hearing by the peace officer who issued the civil infraction citation, the court may consider the information contained in the civil infraction citation and any other written statement submitted under oath by the peace officer. If the court has established a system pursuant to NRS 484A.615, the peace officer may, if authorized by the court, use the system to submit such a statement. [The person named in the civil infraction citation may subpoena witnesses, including, without limitation, the peace officer who issued the citation, and has the right to present evidence and examine witnesses present in court.]
5. After consideration of the evidence and argument, the court shall determine whether a civil infraction was committed by the person named in the civil infraction citation. The court must find by a preponderance of the evidence that the person named in the civil infraction citation committed a civil infraction. If the peace officer who issued the civil infraction citation fails to appear in person or submit a written statement as described in subsection 4, the court must dismiss the citation unless other evidence, including, without limitation, the information in the citation or testimony from other witnesses, sufficiently establishes that the civil infraction was committed by the person named in the citation.
κ2025 Statutes of Nevada, Page 1791 (CHAPTER 260, SB 359)κ
including, without limitation, the information in the citation or testimony from other witnesses, sufficiently establishes that the civil infraction was committed by the person named in the citation. If [it has] the court does not [been established] find by a preponderance of the evidence that the infraction was committed by the person named in the citation, the court must enter an order dismissing the civil infraction citation in the courts records. If [it has been established] the court finds by a preponderance of the evidence that the infraction was committed, the court must enter in the courts records an order pursuant to NRS 484A.7043.
6. An appeal from the courts determination or order may be taken in the same manner as any other civil appeal from a municipal court or justice court, as applicable, except that:
(a) The notice of appeal must be filed not later than 7 calendar days after the court enters in the courts records an order pursuant to NRS 484A.7043;
(b) If the appellant is the person charged with the civil infraction, any bond required to be given by the appellant in order to secure a stay of execution of the order of the court during the pendency of the appeal must equal the amount of the monetary penalty and administrative assessments which the court has ordered the appellant to pay pursuant to NRS 484A.7043. Any bond must be forfeited if the order of the court is affirmed on appeal; and
(c) If a prosecuting attorney does not represent the plaintiff during the proceedings in the justice court or municipal court, the appellate court shall review the record and any arguments presented by the person charged with the civil infraction and render a decision.
Sec. 4.5. NRS 484A.7043 is hereby amended to read as follows:
484A.7043 1. Except as otherwise provided in this section, a person who is found to have committed a civil infraction shall be punished by a civil penalty of not more than $500 per violation unless a greater civil penalty is authorized by specific statute. Except as otherwise provided in NRS 484A.792, any civil penalty collected pursuant to NRS 484A.703 to 484A.705, inclusive, by a:
(a) Municipal court must be paid to [:
(a) The] the treasurer of the city in which the [civil infraction occurred; or
(b) If the civil infraction did not occur in a city,] court is located.
(b) Justice court must be paid to the treasurer of the county in which the [civil infraction occurred.] court is located.
2. If a person is found to have committed a civil infraction, in addition to any civil penalty imposed on the person, the court shall order the person to pay the administrative assessments set forth in NRS 176.059, 176.0611, 176.0613 and 176.0623 in the amount that the person would be required to pay if the civil penalty were a fine imposed on a defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor. If, in lieu of a civil penalty, the court authorizes a person to successfully complete a course of traffic safety approved by the Department of Motor Vehicles, the court must order the person to pay the amount of the administrative assessment that corresponds to the civil penalty for which the defendant would have otherwise been responsible. The administrative assessments imposed pursuant to this subsection must be collected and distributed in the same manner as the administrative assessments imposed and collected pursuant to NRS 176.059, 176.0611, 176.0613 and 176.0623.
κ2025 Statutes of Nevada, Page 1792 (CHAPTER 260, SB 359)κ
3. If the court determines that a civil penalty or administrative assessment imposed pursuant to this section is:
(a) Excessive in relation to the financial resources of the defendant, the court may waive or reduce the monetary penalty accordingly.
(b) Not within the defendants present financial ability to pay, the court may enter into a payment plan with the person.
4. A court having jurisdiction over a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive, may:
(a) In addition to ordering a person who is found to have committed a civil infraction to pay a civil penalty and administrative assessments pursuant to this section, order the person to successfully complete a course of traffic safety approved by the Department of Motor Vehicles.
(b) Waive or reduce the civil penalty that a person who is found to have committed a civil infraction would otherwise be required to pay if the court determines that any circumstances warrant such a waiver or reduction.
(c) Reduce any moving violation for which a person was issued a civil infraction citation to a nonmoving violation if the court determines that any circumstances warrant such a reduction.
5. A court shall not award attorneys fees or costs to any party in a hearing conducted pursuant to NRS 484A.7041, regardless of the outcome.
Sec. 5. NRS 484A.7049 is hereby amended to read as follows:
484A.7049 [1.] A prosecuting attorney may elect to treat a violation of a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a misdemeanor, other than a violation of NRS 484C.110 or 484C.120, as a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive.
[2. The prosecuting attorney shall make the election described in subsection 1 on or before the time scheduled for the first appearance of the defendant by:
(a) Preparing a civil infraction citation in accordance with subsection 1 of NRS 484A.7035 that contains all applicable information that is known to the prosecuting attorney, signing the citation and filing the citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau;
(b) Filing notice of the prosecuting attorneys election with the court having jurisdiction of the underlying criminal charge; and
(c) Delivering a copy of the notice and citation to the defendant.
3. Upon the filing of a notice pursuant to paragraph (b) of subsection 2, the court shall dismiss the underlying criminal charge.]
Sec. 6. NRS 484A.705 is hereby amended to read as follows:
484A.705 1. Notwithstanding any other provision of law, if a person commits a violation of a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a civil infraction [while] and the person is also charged with driving under the influence of alcohol or a controlled substance, the [person] civil infraction may instead be charged [with] as a misdemeanor.
2. Except as otherwise provided in this subsection, if a civil infraction is charged as a misdemeanor pursuant to subsection 1, the charge must be reduced to a civil infraction if the charge of driving under the influence of alcohol or a controlled substance is dismissed. The provisions of this subsection do not apply if the dismissal occurs pursuant to a plea agreement.
κ2025 Statutes of Nevada, Page 1793 (CHAPTER 260, SB 359)κ
Sec. 7. NRS 484B.600 is hereby amended to read as follows:
484B.600 1. It is unlawful for any person to drive or operate a vehicle of any kind or character at:
(a) A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.
(b) Such a rate of speed as to endanger the life, limb or property of any person.
(c) A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
(d) A rate of speed that results in the injury of another person or of any property.
(e) In any event, a rate of speed greater than 80 miles per hour.
2. If, while violating any provision of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
3. A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484B.130 or 484B.135.
4. Except as otherwise provided by law, if a person is issued a traffic citation for a violation of any provision of subsection 1, the court may, in its discretion, reduce the violation from a moving traffic violation to a violation that is not a moving traffic violation [. There is a presumption in favor of reducing the violation] if the person :
(a) Admits to committing the violation and pays the entire amount of the fine and all fees due on or before the date on which the person is first required to make an appearance relating to the citation [, whether by personal appearance or through] ; and
(b) Provides the court with a copy of his or her [counsel, but such a presumption may be overcome] driving record.
5. The court shall not reduce a violation pursuant to subsection 4 if the driving record of the person demonstrates a pattern of moving traffic violations.
[5.] 6. Any fine imposed pursuant to paragraph (a), (b), (c) or (e) of subsection 1 must not exceed $20 for each mile per hour a person travels above the posted speed limit or the proper rate of speed at which the person should be traveling, as applicable. The provisions of this subsection apply regardless of whether a person pays the entire amount of the fine and all fees due in accordance with subsection 4.
[6.] 7. Except as otherwise provided in subsection [7,] 8, a person who commits a violation of any provision of this section that causes physical injury to a person or damage to property shall be punished by a civil penalty of not more than $1,000.
[7.] 8. A person who commits a violation of any provision of this section and, at the time the violation was committed, was operating a vehicle at a rate of speed that was 30 miles per hour or more over that posted by a public authority is guilty of a misdemeanor.
9. As used in this section, driving record means a record of:
(a) Each conviction for a traffic offense that occurred within the immediately preceding 10 years;
(b) Each finding that a person committed a civil infraction within the immediately preceding 10 years; and
κ2025 Statutes of Nevada, Page 1794 (CHAPTER 260, SB 359)κ
(c) Each citation issued to a person for a moving traffic violation that was subsequently reduced to a nonmoving violation within the immediately preceding 10 years.
Sec. 8. NRS 484E.020 is hereby amended to read as follows:
484E.020 1. The driver of any vehicle involved in a crash on a highway or premises to which the public has access resulting only in damage to a vehicle or other property which is driven or attended by any person shall:
(a) Immediately stop his or her vehicle at the scene of the crash; and
(b) If the drivers vehicle is creating a hazard or obstructing traffic and can be moved safely, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic and, if applicable, safely fulfill the requirements of NRS 484E.030.
2. A person who violates this section is guilty of a misdemeanor.
Sec. 9. NRS 484E.030 is hereby amended to read as follows:
484E.030 1. The driver of any vehicle involved in a crash on a highway or premises to which the public has access resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:
(a) Give his or her name, address and the registration number of the vehicle the driver is driving, and shall upon request and if available exhibit his or her license to operate a motor vehicle to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in such crash;
(b) Give such information and upon request manually surrender such license to any police officer at the scene of the crash or who is investigating the crash; and
(c) Render to any person injured in such crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.
2. If no police officer is present, the driver of any vehicle involved in a crash described in subsection 1, after fulfilling all other requirements of subsection 1 and NRS 484E.010, insofar as possible on his or her part to be performed, shall, if the crash resulted in injury to or death of any person or occurred on a highway, forthwith report the crash to the nearest office of a police authority or of the Nevada Highway Patrol and submit thereto the information specified in subsection 1.
3. A person who violates this section is guilty of a misdemeanor.
Sec. 10. NRS 484E.040 is hereby amended to read as follows:
484E.040 1. Except as otherwise provided in subsection 2, the driver of any vehicle which is involved in a crash on a highway or premises to which the public has access with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.
κ2025 Statutes of Nevada, Page 1795 (CHAPTER 260, SB 359)κ
2. If the vehicle of a driver involved in a crash pursuant to subsection 1 is creating a hazard or obstructing traffic and can be moved safely, the driver shall, before meeting the requirements of subsection 1, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic and minimizes interference with the free movement of traffic.
3. A person who violates this section is guilty of a misdemeanor.
Sec. 11. NRS 484E.050 is hereby amended to read as follows:
484E.050 1. The driver of a vehicle which is involved in a crash on a highway with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately by the quickest means of communication give notice of such crash to the nearest office of a police authority or of the Nevada Highway Patrol.
2. Whenever the driver of a vehicle is physically incapable of giving an immediate notice of a crash as required in subsection 1 and there was another occupant in the vehicle at the time of the crash capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.
3. A person who violates this section is guilty of a misdemeanor.
Sec. 12. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
In addition to any other authority granted pursuant to this chapter, the board of county commissioners may, by ordinance, impose a civil penalty in lieu of a criminal penalty for a violation of a county ordinance, unless state law expressly prohibits the imposition of a civil penalty or prescribes a criminal penalty for the same act or omission.
________
Assembly Bill No. 184Assemblymembers Anderson; Dalia, DeLong, DSilva, Koenig, ONeill and Torres-Fossett
Joint Sponsors: Senators Flores, Taylor; Buck, Krasner and Neal
CHAPTER 261
[Approved: June 5, 2025]
AN ACT relating to interscholastic activities; prohibiting the Nevada Interscholastic Activities Association from retaliating against a school or person for certain activities; prohibiting athletic recruitment; revising provisions governing certain hearings and appeals conducted by the Association; revising provisions governing the eligibility of pupils who transfer schools to participate and practice in a sanctioned sport or other interscholastic activity or event; revising requirements relating to the adoption of regulations by the Association; providing penalties; and providing other matters properly relating thereto.
κ2025 Statutes of Nevada, Page 1796 (CHAPTER 261, AB 184)κ
Legislative Counsels Digest:
Under existing law, the Nevada Interscholastic Activities Association controls, supervises and regulates all interscholastic athletic events and other interscholastic events in public schools and governs, among other matters, the eligibility and participation of certain pupils in interscholastic activities and events. (NRS 385B.050, 385B.060, 385B.130) Existing law requires the Association to adopt rules and regulations in the same manner provided for state agencies by the Nevada Administrative Procedure Act. (Chapter 233B of NRS, NRS 385B.060) Existing regulations establish certain procedures for classifying and aligning the schools within the Association into leagues or regions, which, in part, require the Board of Control of the Association to determine the classification and alignment of each school by majority vote after conducting a public hearing. (NAC 385B.250) Section 4.5 of this bill: (1) clarifies that the adoption, repeal or amendment of any policy, practice, rule or regulation concerning or affecting pupils, public schools or school districts be accomplished by rule or regulation in conformity with the Nevada Administrative Procedure Act; and (2) requires any change to the classification or alignment of a school or the creation of a new conference, class, region or league be accomplished by regulation. Section 2 of this bill prohibits the Association from taking certain adverse action against a school or person who advocates for or against a policy in certain circumstances.
Section 3 of this bill: (1) prohibits athletic recruitment; (2) requires the Association to investigate and, under certain circumstances, hold a hearing on a complaint alleging a violation of that prohibition; and (3) sets forth the penalties for such a violation, including providing that a pupil who enrolls in a school because of athletic recruitment is ineligible to participate and practice in a sanctioned sport at the school. Sections 7 and 8 of this bill make conforming changes to clarify that certain automatic eligibility for a sanctioned sport does not apply to a pupil who enrolled in or transferred to a school because of athletic recruitment.
Under existing regulations, any pupil who transfers to another school is presumed ineligible to participate in any sanctioned sport at the school to which the pupil transfers for 180 school days and a pupil may rebut that presumption to become immediately eligible to participate in certain circumstances. (NAC 385B.716) However, existing law provides that a pupil who is the child of a military family and transferred schools pursuant to the Interstate Compact on Educational Opportunity for Military Children, which is an interstate compact that establishes a framework to facilitate the transfer of children in military families between schools, is immediately eligible to participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers. (NRS 385B.130, 388F.010) Section 7 additionally provides a separate, one-time grant of eligibility that enables a pupil to immediately participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers, regardless of his or her zone of attendance, if he or she: (1) transfers to a school that uses a lottery system to determine which pupils may enroll; or (2) transfers before enrolling in grade 10. Section 9 of this bill makes a conforming change to prohibit schools from adopting regulations, rules, policies, procedures or requirements that are more restrictive than those prescribed by the Association pursuant to section 7.
Section 4 of this bill authorizes a pupil who transfers schools for certain reasons and seeks to be immediately eligible to participate in any sanctioned sport or interscholastic activity or event to submit a request for a waiver to the Association. Section 4 additionally: (1) prescribes certain requirements governing the supporting documentation for such a request; and (2) requires the Association to provide for procedures for reviewing such a request.
κ2025 Statutes of Nevada, Page 1797 (CHAPTER 261, AB 184)κ
Existing law authorizes a pupil or school that is aggrieved by a final decision or order made pursuant to a regulation adopted by the Association to appeal such a decision to a hearing officer appointed by the Executive Director of the Association. Existing law additionally sets forth certain procedural requirements for filing such an appeal. (NRS 385B.100) Section 6 of this bill: (1) sets forth the time period within which such a hearing must be conducted; (2) authorizes a pupil or school to appeal a decision or order made by the hearing officer to the school district within which the pupil is enrolled or the school is located and (3) authorizes the Association to grant an appeal without appointing a hearing officer in certain circumstances. Section 5 of this bill provides that, in addition to a decision of the Association or a designee of the Association that is authorized to make final decisions on disputes on behalf of the Association, a decision of a school district or its designee on an appeal filed pursuant to section 6 must not be stayed by a court pending final judgment on the matter.
Section 10 of this bill requires the Association to amend its rules and regulations as necessary to conform with the provisions of sections 1-9 of this bill before July 1, 2026.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 385B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. The Nevada Interscholastic Activities Association shall not penalize, retaliate against or otherwise take any adverse action against a school or person for advocating for or against any policy, including, without limitation, by communicating with a member of the Legislative Branch, as defined in NRS 218H.090, testifying before a legislative committee or communicating data, views or arguments on a policy to a public body, as defined in NRS 241.015.
Sec. 3. 1. A school or any person or organization associated with a school, including, without limitation, administration, staff, coaches, pupils, parents or clubs for supporters, shall not engage in athletic recruitment. Any violation of this subsection by a person or organization associated with a school shall be deemed to be a violation by the school.
2. A pupil shall not transfer to or otherwise enroll in a school as the result of athletic recruitment. A pupil who violates this section is ineligible to participate and practice in a sanctioned sport at that school.
3. Any person who believes that a violation of this section has occurred may file a complaint with the Nevada Interscholastic Activities Association. The Nevada Interscholastic Activities Association shall investigate such a complaint. If the Nevada Interscholastic Activities Association determines, after an investigation, that the complaint is not meritless, the Nevada Interscholastic Activities Association shall hold a hearing on the complaint in accordance with procedures established by regulation of the Nevada Interscholastic Activities Association.
4. If, after conducting a hearing pursuant to subsection 3, the Nevada Interscholastic Activities Association determines that a school has engaged in athletic recruitment, the Nevada Interscholastic Activities Association shall impose the following penalties:
(a) For the first violation, the school must be placed on probation and any coach or member of his or her staff who was involved in the athletic recruitment must be suspended for not less than:
κ2025 Statutes of Nevada, Page 1798 (CHAPTER 261, AB 184)κ
(1) The remainder of the current season of the sport to which the violation relates, if the suspension is imposed during the season; and
(2) The entirety of the next full season of the sport to which the violation relates that immediately follows the imposition of the suspension;
(b) For the second violation, any coach or member of his or her staff who was involved in the athletic recruitment must be suspended for not less than 1 school year; and
(c) For the third violation, any coach or member of his or her staff who was involved in the athletic recruitment must be dismissed from his or her position on the athletic staff and suspended from coaching at any school for not less than 2 calendar years.
5. As used in this section:
(a) Athletic recruitment means any effort to persuade, pressure, urge or entice a pupil to enroll in or transfer to a school for athletic purposes, including, without limitation:
(1) Communicating through social media, mail, brochures or other media directed towards the pupil that compares schools or athletic programs or teams or describes the athletic assets of the school with which the sender is affiliated; and
(2) Initiating or engaging in persuasive interviews or communications with the pupil.
(b) Social media means any electronic service or account or electronic content, including, without limitation, videos, photographs, blogs, video blogs, podcasts, instant and text messages, live chat, mobile applications, online services or Internet website profiles.
Sec. 4. 1. A pupil who transfers from a school to another school is immediately eligible to participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers if the pupil, or a parent or legal guardian of the pupil, submits to the Nevada Interscholastic Activities Association a request for a waiver of any period of ineligibility based on transferring schools, the Nevada Interscholastic Activities Association approves the request pursuant to this section and the pupil is otherwise eligible to participate and practice in the sanctioned sport or other interscholastic activity or event. If the Nevada Interscholastic Activities Association does not take action on a request submitted pursuant to this section within 30 days after the request is submitted, the request shall be deemed approved.
2. The Nevada Interscholastic Activities Association shall approve a request submitted pursuant to subsection 1 if the pupil, or the parent or legal guardian of the pupil, establishes by a preponderance of the evidence that the pupil transferred to the school because:
(a) Of the order or decree of a court of competent jurisdiction that directly or indirectly results in the pupil transferring schools, including, without limitation, any order issued pursuant to chapter 432B of NRS.
(b) The pupil was a victim of assault or bullying at the school in which he or she was previously enrolled and the assault or bullying was likely to continue if the pupil had remained enrolled at the school, as established by evidence submitted pursuant to subsection 3.
(c) The pupil was enrolled in an academic program or a Junior Reserve Officers Training Corp Program that was discontinued by the school in which he or she was previously enrolled.
κ2025 Statutes of Nevada, Page 1799 (CHAPTER 261, AB 184)κ
(d) The pupil was a member of a team that participates in a sanctioned sport that was diminished or eliminated due to budgetary or administrative decisions for the school from which the pupil is transferring.
(e) The pupil is in the custody of an agency which provides child welfare services, as defined in NRS 432B.030, and changes residences as a result of a change related to his or her placement.
(f) The pupil is a homeless pupil, as determined by a school pursuant to NRS 388.205, and has changed residences.
(g) The parent or legal guardian was discharged or released from the uniformed service under conditions other than dishonorable and the pupil is returning to the school in which the pupil was previously enrolled or is transferring to a school in a school district in which the parent or legal guardian of the pupil resides.
(h) The pupil was required by the board of trustees of a school district to transfer, and the decision of the board of trustees was not disciplinary.
(i) The transfer is in the best interest of the pupil because of a mental health or emotional condition, as documented by a letter from:
(1) The school counselor at the school in which the pupil is enrolled; and
(2) A physician licensed pursuant to chapter 630 or 633 of NRS or a licensed psychologist.
(j) The immediate family of the pupil is experiencing financial hardship, as verified by documentation of the financial status of the parent or legal guardian of the pupil, which may include, without limitation, documentation specifically relating to the status of the pupil as a homeless pupil under the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq.
(k) The school in which the pupil was previously enrolled or the school district within which the school is located provided the public with notice stating that the school:
(1) Will close permanently; or
(2) Will be closed temporarily for purposes relating to a renovation or repair of the school.
3. A request made pursuant to paragraph (b) of subsection 2 must be accompanied by evidence of one or more substantiated incidents of assault or bullying of which the pupil who is the subject of the request was a victim. Such evidence may include, without limitation:
(a) Documentation produced by the school where the pupil was previously enrolled, the school district in which that school was located or law enforcement; and
(b) The testimony of witnesses or law enforcement.
4. The rules and regulations of the Nevada Interscholastic Activities Association adopted pursuant to NRS 385B.060 must provide for adequate review procedures to review and determine whether to approve requests submitted pursuant to subsection 1. The review procedures must include, without limitation:
(a) The review of a request submitted pursuant to subsection 1 by the Executive Director, or such staff of the Nevada Interscholastic Activities Association as the Executive Director may designate, and the approval of such a request, without a hearing before a hearing officer pursuant to NRS 385B.100, if the request and documentation submitted with the request establish by a preponderance of the evidence that the pupil is eligible for the waiver pursuant to subsection 2.
κ2025 Statutes of Nevada, Page 1800 (CHAPTER 261, AB 184)κ
(b) Upon the filing of a written appeal with the Executive Director pursuant to NRS 385B.100, the review by a hearing officer appointed pursuant to NRS 385B.100 of a decision denying a request submitted pursuant to subsection 1 and the conduct of a hearing before that hearing officer not later than 60 days after the date on which the Nevada Interscholastic Activities Association received the request pursuant to subsection 1.
5. As used in this section:
(a) Financial hardship does not include the loss or reduction of a scholarship, grant or other financial assistance provided for the purpose of enabling a pupil to attend a private school.
(b) Homeless pupil means a homeless child or youth, as defined in 42 U.S.C. § 11434a(2).
Sec. 4.5. NRS 385B.060 is hereby amended to read as follows:
385B.060 1. The Nevada Interscholastic Activities Association shall adopt rules and regulations in the manner provided for state agencies by chapter 233B of NRS as may be necessary to carry out the provisions of this chapter. The regulations must include provisions governing the eligibility and participation of homeschooled children in interscholastic activities and events. In addition to the regulations governing eligibility, a homeschooled child who wishes to participate must have on file with the school district in which the child resides a current notice of intent of a homeschooled child to participate in programs and activities pursuant to NRS 388D.070.
2. The Nevada Interscholastic Activities Association shall adopt regulations setting forth:
(a) The standards of safety for each event, competition or other activity engaged in by a spirit squad of a school that is a member of the Nevada Interscholastic Activities Association, which must substantially comply with the spirit rules of the National Federation of State High School Associations, or its successor organization; and
(b) The qualifications required for a person to become a coach of a spirit squad.
3. If the Nevada Interscholastic Activities Association intends to adopt, repeal or amend a policy, rule or regulation concerning or affecting homeschooled children, the Association shall consult with the Northern Nevada Homeschool Advisory Council and the Southern Nevada Homeschool Advisory Council, or their successor organizations, to provide those Councils with a reasonable opportunity to submit data, opinions or arguments, orally or in writing, concerning the proposal or change. The Association shall consider all written and oral submissions respecting the proposal or change before taking final action.
4. The Nevada Interscholastic Activities Association shall not adopt, repeal or amend any policy, practice, rule or regulation which concerns or affects pupils, public schools or school districts in a manner that does not conform with the requirements of subsection 1, and any action to adopt, repeal or amend a policy, practice, rule or regulation in violation of this subsection is void and unenforceable.
5. The Nevada Interscholastic Activities Association may not establish a new conference, class, region or league or reclassify or realign a school within any conference, class, region or league unless the Association does so by regulation in a manner that conforms with the requirements of subsection 1.
κ2025 Statutes of Nevada, Page 1801 (CHAPTER 261, AB 184)κ
6. As used in this section, spirit squad means any team or other group of persons that is formed for the purpose of:
(a) Leading cheers or rallies to encourage support for a team that participates in a sport that is sanctioned by the Nevada Interscholastic Activities Association; or
(b) Participating in a competition against another team or other group of persons to determine the ability of each team or group of persons to engage in an activity specified in paragraph (a).
Sec. 5. NRS 385B.090 is hereby amended to read as follows:
385B.090 1. The rules and regulations of the Nevada Interscholastic Activities Association adopted pursuant to NRS 385B.060 must provide for adequate review procedures to determine and review disputes arising in regard to the Associations decisions and activities.
2. A decision of the Nevada Interscholastic Activities Association , [or] a decision of a person designated by the Association to review and make final decisions on disputes on behalf of the Association pursuant to the rules and regulations adopted pursuant to NRS 385B.060 or a decision of a school district or its designee on a matter which is appealed to the school district pursuant to NRS 385B.100 must not be stayed by a court pending the courts final judgment on the matter.
Sec. 6. NRS 385B.100 is hereby amended to read as follows:
385B.100 1. Any pupil or school that is aggrieved by a final decision or order made pursuant to a regulation adopted by the Nevada Interscholastic Activities Association by:
(a) An administrator of a school district who is responsible for interpreting and enforcing the regulations adopted by the Nevada Interscholastic Activities Association;
(b) A panel of principals chosen from schools located in a school district; or
(c) The Executive Director,
Κ may file a written appeal with the Executive Director. [The] Except as otherwise provided in subsection 4, the Executive Director shall appoint a hearing officer to review the decision or order that is the subject of the appeal. Except as otherwise provided in section 4 of this act, the hearing officer shall conduct a hearing not later than 30 days after the appeal has been filed with the Executive Director.
2. A hearing officer appointed pursuant to subsection 1 shall issue a decision or order in writing and shall cause a copy of the decision or order to be served on each party to the appeal or counsel for the party. The decision or order must include a summary of the appeal that includes:
(a) A statement of the relevant facts;
(b) A statement of the issues presented and the opposing arguments of the parties;
(c) An analysis of the arguments; and
(d) The conclusion of the hearing officer.
3. Not later than 10 days after the issuance of the decision or order of the hearing officer, the Executive Director shall cause a copy of the summary required by subsection 2 to be posted on the Internet website of the Nevada Interscholastic Activities Association. The summary must be redacted as necessary to prevent the identification of any person involved in the appeal who is less than 18 years of age, which information is confidential. The redacted summary is a public record and must be open to public inspection as provided in NRS 239.010.
κ2025 Statutes of Nevada, Page 1802 (CHAPTER 261, AB 184)κ
4. Any pupil or school that is aggrieved by a decision or order issued pursuant to subsection 2 by a hearing officer may appeal to the school district within which the pupil is enrolled or the school is located, as applicable, or a person designated by the school district to hear such appeals within 30 days after the decision or order is issued. The school district or person designated by the school district may affirm, modify or reverse the decision or order of the hearing officer.
5. As used in this section, Executive Director means the Executive Director of the Nevada Interscholastic Activities Association.
Sec. 7. NRS 385B.130 is hereby amended to read as follows:
385B.130 1. Any rules and regulations adopted by the Nevada Interscholastic Activities Association governing the eligibility of a pupil who transfers from one school to another school to participate in an interscholastic activity or event must apply equally to public schools and to private schools that are members of the Association.
2. Notwithstanding any provision of law to the contrary [,] and except as otherwise provided in subsection 3, a pupil [who is a child of a military family and transferred schools pursuant to the provisions of chapter 388F of NRS] is immediately eligible to participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers [.] , regardless of the zone of attendance in which the pupil resides, if the pupil:
(a) Is a child of a military family and transferred schools pursuant to the provisions of chapter 388F of NRS;
(b) Transfers to a school that uses a lottery system to determine which pupils may enroll and has not previously transferred from one school to another school under such circumstances; or
(c) Transfers to a school before his or her enrollment in grade 10 and has not previously transferred from one school to another school under such circumstances.
3. The provisions of subsection 2 do not apply to a pupil who transfers to a school as the result of athletic recruitment in violation of section 3 of this act.
Sec. 8. NRS 385B.140 is hereby amended to read as follows:
385B.140 [A] Except as otherwise provided in section 3 of this act, a pupil who enrolls in grade 9 at:
1. A public school and who resides within the zone of attendance of the public school at the time of enrollment is immediately eligible to participate and practice in a sanctioned sport at the public school, regardless of whether the pupil:
(a) Resided in a different zone of attendance before the pupils enrollment in grade 9; or
(b) Attended a school other than a public school before the pupils enrollment in grade 9.
2. A private school is immediately eligible to participate and practice in a sanctioned sport at the private school, regardless of whether the pupil attended a school other than a private school before the pupils enrollment in grade 9.
Sec. 9. NRS 385B.170 is hereby amended to read as follows:
385B.170 [1.] A school district, public school or private school shall not prescribe any regulations, rules, policies, procedures or requirements governing the:
κ2025 Statutes of Nevada, Page 1803 (CHAPTER 261, AB 184)κ
1. Eligibility of homeschooled children or children of a military family who transferred schools pursuant to the provisions of chapter 388F of NRS to participate in interscholastic activities and events pursuant to this chapter; [or]
2. Eligibility to participate in interscholastic activities and events pursuant to this chapter of children who:
(a) Transfer to a school that uses a lottery system to determine which pupils may enroll and have not previously transferred from one school to another school under such circumstances; or
(b) Transfer schools before enrolling in grade 10 and have not previously transferred from one school to another school under such circumstances; or
3. Participation of [homeschooled] children [or children of a military family who transferred schools pursuant to the provisions of chapter 388F of NRS] described in subsections 1 and 2 in interscholastic activities and events pursuant to this chapter,
Κ that are more restrictive than the provisions governing eligibility and participation prescribed by the Nevada Interscholastic Activities Association pursuant to NRS 385B.060 and 385B.130.
Sec. 10. The Nevada Interscholastic Activities Association shall, on or before July 1, 2026, amend its rules and regulations in the manner provided for state agencies by chapter 233B of NRS as necessary to conform with the provisions of sections 1 to 9, inclusive, of this act.
Sec. 11. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 10, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2025, for all other purposes.
________
Senate Bill No. 440Committee on Commerce and Labor
CHAPTER 262
[Approved: June 5, 2025]
AN ACT relating to electricity; establishing a process by which a units owner in certain unit-owners associations may submit a request to install a distributed generation system; establishing certain powers and duties of certain unit-owners associations with respect to the installation of distributed generation systems; establishing and revising certain requirements for the contents of an agreement for the purchase or lease of a distributed generation system and a power purchase agreement; imposing certain requirements upon a solar installation company; revising provisions relating to net metering systems; and providing other matters properly relating thereto.
κ2025 Statutes of Nevada, Page 1804 (CHAPTER 262, SB 440)κ
Legislative Counsels Digest:
Existing law imposes certain requirements on solar installation companies that sell and install distributed generation systems in this State. Existing law prescribes certain contractual requirements for an agreement for the purchase or lease of a distributed generation system and a power purchase agreement. (NRS 598.9801-598.9822) Sections 14.1-14.3 and 14.5 of this bill define certain terms for the purposes of these provisions governing such agreements. Section 14.4 of this bill makes a power purchase agreement voidable by the host customer for a certain period if the solar installation company that is a party to the agreement does not hold the proper contractors license or is not acting within the monetary limit of that license. Section 21.5 of this bill makes a conforming change so that the provisions of sections 14.1-14.4 are enforced in the same manner as other provisions governing solar installation companies and distributed generation systems.
Sections 15-20 of this bill require an agreement for the lease or purchase of a distributed generation system, a power purchase agreement and the cover page for such agreements to: (1) contain certain disclosures concerning the solar installation company; (2) provide certain information about the parts of the distributed generation system; and (3) impose certain duties and liabilities on lessees, purchasers and host customers.
Existing law requires a solar installation company to maintain a recording of certain communications with a purchaser, lessee or host customer for not less than 4 years after the final inspection of the distributed generation system of the purchaser, lessee or host customer. (NRS 598.98213) Section 21 of this bill requires the solar installation company to provide a copy of that recording within 10 business days after receipt of a request from the purchaser, lessee, host customer, distributed generation system financier, Attorney General, Division of Financial Institutions of the Department of Business and Industry, State Contractors Board, Housing Division of the Department of Business and Industry or a law enforcement agency. If the solar installation company fails to do so, the lease or purchase agreement or power purchase agreement is voidable by the purchaser, lessee or host customer. Section 21 also requires a solar installation company to submit proof to the purchaser, lessee or host customer that the solar installation company is properly licensed before the commencement of the installation of a distributed generation system.
Existing law sets forth a prohibition against covenants, restrictions or conditions contained in deeds, contracts or other legal instruments which prohibit or unreasonably restrict an owner of a property from using a system for obtaining solar energy on his or her property. (NRS 111.239, 278.0208) Section 13.3 of this bill sets forth a process by which a units owner in a unit-owners association whose governing documents authorize the association to impose restrictions on architectural improvements may submit a request to install a distributed generation system. Section 13.3 prohibits such a units owner from installing a distributed generation system unless the association approves the request.
Section 13.7 of this bill authorizes an association whose governing documents authorize the association to impose restrictions on architectural improvements to adopt rules and regulations concerning the installation of a distributed generation system and sets forth the required and authorized contents of such rules and regulations. Under section 13.3, if such an association has not adopted such rules and regulations, the association is prohibited from denying the request of a units owner to install a distributed generation system or imposing conditions upon the installation. Section 13.7 additionally prohibits certain activities of an association with respect to certain accessories for a distributed generation system.
Existing law sets forth various requirements for: (1) net metering, which is defined under existing law to mean the measure of the difference between the electricity supplied by an electric utility and the electricity generated by a customer-generator that is fed back to the utility; and (2) a net metering system, which is defined under existing law to mean, in general, certain facilities or systems for the generation of electricity, including a facility or energy system installed on the premises of a customer-generator that uses solar energy to generate electricity and meets certain other requirements. (NRS 704.766-704.776) Section 25 of this bill imposes certain timing requirements upon a public utility for the carrying out of certain requests relating to a net metering system submitted by a customer-generator.
κ2025 Statutes of Nevada, Page 1805 (CHAPTER 262, SB 440)κ
imposes certain timing requirements upon a public utility for the carrying out of certain requests relating to a net metering system submitted by a customer-generator. Section 28 of this bill requires the regulations adopted by the Public Utilities Commission of Nevada relating to net metering tariffs and standard net metering contracts to set forth procedures and requirements concerning the process for applying for and installing a net metering system, which must include: (1) reasonable and appropriate timelines for the process; and (2) the requirement for a utility that denies the application of a net metering applicant to provide to the net metering applicant a notice detailing the reasons for the denial.
Existing law: (1) requires a net metering system to meet certain safety and quality standards; and (2) if the net metering system meets those standards, prohibits a utility from requiring the customer-generator to comply with additional standards or requirements or take certain other actions solely because of his or her status as a customer-generator. (NRS 704.774) Section 29 of this bill additionally requires a customer-generator to obtain all necessary permits and approvals required by any governmental entity for the installation of his or her net metering system and install the net metering system in compliance with the permits and approvals. Under section 29, a utility is prohibited from imposing various additional requirements if the customer-generator satisfies such requirements and the net metering system complies with the safety standards set forth under existing law.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-12. (Deleted by amendment.)
Sec. 13. Chapter 116 of NRS is hereby amended by adding thereto the provisions set forth as sections 13.3 and 13.7 of this act.
Sec. 13.3. 1. A units owner in an association whose governing documents authorize the association to impose restrictions on architectural improvements who wishes to install a distributed generation system within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively may submit a request to the association in accordance with any applicable procedures set forth in the governing documents of the association. The units owner shall not install the distributed generation system unless the association has approved the request.
2. An association that has adopted rules and regulations governing the installation of a distributed generation system pursuant to section 13.7 of this act shall approve or deny the request within 35 days after the receipt of the request. If the association denies the request, the association shall provide the units owner a notice that details the reasons for the denial, which must be based on the rules and regulations adopted by the association pursuant to section 13.7 of this act. If the association fails to approve or deny the request within 35 days after the receipt of the request, the request shall be deemed to be approved.
3. If a units owner whose request to install a distributed generation system was denied pursuant to subsection 2 subsequently resubmits the request and addresses the reasons for the denial of the initial request, the association shall approve or deny the request within 15 days after the receipt of the request. If the association denies the request, the association shall provide the units owner notice that details the reasons for the denial, which must be based on the rules and regulations adopted by the association pursuant to section 13.7 of this act. If the association fails to approve or deny the request within 15 days after the receipt of the request, the request shall be deemed to be approved.
κ2025 Statutes of Nevada, Page 1806 (CHAPTER 262, SB 440)κ
to approve or deny the request within 15 days after the receipt of the request, the request shall be deemed to be approved.
4. An association that has not adopted rules and regulations governing the installation of a distributed generation system pursuant to section 13.7 of this act that receives a request submitted pursuant to subsection 1 shall approve the request within 15 days after the receipt of the request. The association shall not deny the request or impose any conditions upon the installation of the distributed generation system.
5. If an association has adopted rules and regulations governing the installation of a distributed generation system pursuant to section 13.7 of this act, the association and each units owner shall comply with the rules and regulations.
6. As used in this section, distributed generation system has the meaning ascribed to it in NRS 598.9804.
Sec. 13.7. 1. An association whose governing documents authorize the association to impose restrictions on architectural improvements may adopt rules and regulations governing the installation of distributed generation systems that comply with the provisions of this section.
2. If an association adopts rules and regulations governing the installation of distributed generation systems pursuant to subsection 1, the rules and regulations must:
(a) Not conflict with the provisions of the National Electric Code, any local ordinance or any state law or regulation. The provisions of the rules and regulations do not apply to the extent of any such conflict.
(b) Require the solar installation company that will install the distributed generation system to be properly licensed.
(c) Not require a units owner to comply with any provision of the rules and regulations adopted pursuant to paragraphs (a) and (b) of subsection 3 if the costs of complying with the provision exceeds 3 percent of the cash cost of the installation of the distributed generation system. A units owner may demonstrate that the costs of complying with the provision exceed 3 percent of the cash cost of the installation of the distributed generation system by delivering to the association a written estimate that:
(1) Is prepared by a solar installation company that is properly licensed pursuant to chapter 624 of NRS and is not affiliated with either the units owner or the association;
(2) Is dated not more than 60 days before delivery of the written estimate to the association;
(3) Itemizes all costs of complying with the provision, including, without limitation, labor, materials, professional fees, permit fees, inspection fees, financing charges and the costs of change orders; and
(4) Shows that the costs of complying with the provision exceed 3 percent of the contract price for the installation of the distributed generation system.
3. Except as otherwise provided in paragraphs (a) and (c) of subsection 2, in addition to the requirements set forth in subsection 2, if an association adopts rules and regulations governing the installation of a distributed generation system pursuant to subsection 1, the rules and regulations may require a units owner to:
(a) Install the solar panels of the distributed generation system in a manner so that they do not face a street, so long as complying with this requirement does not result in a decrease in the production of the distributed generation system of more than 10 percent, as determined using the PVWatts Calculator maintained by the National Renewable Energy Laboratory of the United States Department of Energy.
κ2025 Statutes of Nevada, Page 1807 (CHAPTER 262, SB 440)κ
the PVWatts Calculator maintained by the National Renewable Energy Laboratory of the United States Department of Energy.
(b) Paint all conduits of the distributed generation system to match the exterior of the unit to which the system is affixed.
(c) Store all batteries for the distributed generation system in a garage.
(d) Place all inverters of the distributed generation system outside of any street and reasonably out of view of other units owners.
(e) If the distributed generation system will be installed on a roof or other exterior portion of a unit for which the association is responsible for the maintenance, repair or replacement, enter into an agreement with the association setting forth the respective rights and obligations of the units owner and the association with respect to the distributed generation system. The association may require the agreement to be recorded and to include provisions in the agreement which:
(1) Provide that the units owner is solely responsible for any damage caused to the roof or exterior portion that is caused by the installation, maintenance, repair or replacement of the distributed generation system.
(2) Require the units owner, at his or her expense, to remove the distributed generation system from the roof or exterior portion if the association determines such action to be necessary for the maintenance, repair or replacement of the roof or exterior portion.
(3) Authorize the association to cause the distributed generation system to be removed from the roof or exterior portion if, after reasonable notice has been provided to the units owner, the units owner fails to remove the distributed generation system as required pursuant to subparagraph (2) and assess the costs of the removal, relocation, storage and replacement against the units owner.
(4) Require the units owner to install the distributed generation system in accordance with the terms of the request submitted by the units owner to the association and approved by the association.
(5) Require the units owner to maintain a policy of insurance that names the association as an additional insured and provides coverage for any losses or damages caused by the installation, maintenance, repair or replacement of the distributed generation system.
(6) Require the units owner to indemnify the association and its agents from any and all liability, claims, damages and costs, including, without limitation, attorneys fees, resulting from the installation, maintenance, repair or replacement of the distributed generation system.
(7) Provide the association the right to inspect the condition of the distributed generation system.
(8) Require the units owner to disclose to potential purchasers of the unit all rights and responsibilities concerning the distributed generation system.
4. An association may not:
(a) Unreasonably restrict, prohibit or withhold approval for a units owner to install any type of physical barrier around the distributed generation system to deter the intrusion of animals or to hide components of the system for aesthetic purposes; or
(b) Except as otherwise provided in this paragraph, require the installation of a particular type of physical barrier described in paragraph (a). The association may require such a physical barrier to be a particular color if the color is commercially available as a stock item, rather than an item requiring specialization or customization.
κ2025 Statutes of Nevada, Page 1808 (CHAPTER 262, SB 440)κ
item requiring specialization or customization. If the color is not so available, the association may require the physical barrier to be black or a color complementary to the solar panels or racking system of the distributed generation system.
5. As used in this section, distributed generation system has the meaning ascribed to it in NRS 598.9804.
Sec. 14. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 14.1 to 14.4, inclusive, of this act.
Sec. 14.1. Borrower means a person who receives a distributed generation system loan from a distributed generation system financier.
Sec. 14.2. Distributed generation system financier means a person who:
1. Provides a distributed generation system loan to a borrower in this State;
2. Leases a distributed generation system or any part thereof to a lessee in this State; or
3. Contracts for a power purchase agreement with a host customer in this State.
Κ The term does not include a third party who is a passive investor or a tax equity partner of a distributed generation system financier that provides money to the distributed generation system financier and who is not directly involved in the sale or lease of or the contracting for a distributed generation system.
Sec. 14.3. Distributed generation system loan means a loan made for the express purpose of financing the purchase of a distributed generation system or any part thereof.
Sec. 14.4. If a host customer enters into a power purchase agreement and, at the time the agreement is signed, the solar installation company that is a party to the agreement is not properly licensed pursuant to chapter 624 of NRS or acting within the monetary limit of the license, the power purchase agreement is voidable by the host customer for 3 years after the date on which the power purchase agreement is signed.
Sec. 14.5. NRS 598.9801 is hereby amended to read as follows:
598.9801 As used in NRS 598.9801 to 598.9822, inclusive, and sections 14.1 to 14.4, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 598.9802 to 598.9808, inclusive, and sections 14.1, 14.2 and 14.3 of this act have the meanings ascribed to them in those sections.
Sec. 15. NRS 598.9809 is hereby amended to read as follows:
598.9809 An agreement for the lease of a distributed generation system must include a cover page that:
1. Prominently displays the following information at the top of the cover page in at least 16-point font:
(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days after the execution of the agreement, as provided in NRS 598.98216.
(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice that the lessee may send such a notice to that electronic mail address.
(c) Notice of the requirement to make and maintain a recording pursuant to NRS 598.98213.
(d) Notice that, before the installation of the distributed generation system, the lessee will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the lease of the distributed generation system other than what is contained in the agreement.
κ2025 Statutes of Nevada, Page 1809 (CHAPTER 262, SB 440)κ
representations, offers or promises were made at any time concerning the lease of the distributed generation system other than what is contained in the agreement.
2. Provides the following information in at least 10-point font:
(a) The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.
(b) An estimated timeline for the installation of the distributed generation system.
(c) The estimated amount of the monthly payments due under the lease in the first year of operation of the distributed generation system.
(d) The length of the term of the lease.
(e) A description of any warranties.
(f) The rate of any payment increases.
(g) The identification of any state or federal tax incentives that are included in calculating the amount of the monthly payments due under the lease.
(h) The estimated production of the distributed generation system in the first year of operation and an explanation that:
(1) The lessee will always receive a power bill if the premises of the lessee are connected to the power grid;
(2) The estimated production or offset is based on available data on prior consumption; and
(3) Any change in consumption by the lessee will impact the estimated offset, or savings, in relation to the production.
(i) A description of the terms for renewal or any other options available at the end of the term of the lease.
(j) A description of any option to purchase the distributed generation system before the end of the term of the lease.
(k) Notice of the existence of the Recovery Fund administered by the State Contractors Board pursuant to NRS 624.470.
(l) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.
(m) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.
(n) Contact information for the State Contractors Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.
(o) Notice that the lessee, before the execution of the agreement, may request any document used in the solicitation, offer or transaction for the agreement in any language.
(p) The following disclosures:
(1) Whether the solar installation company:
(I) Maintains a physical office in this State at which employees, as defined in subsection 6 of NRS 624.020, of the solar installation company conduct business; and
(II) Has at least one motor vehicle registered in this State;
(2) Whether the solar installation company is in compliance with all applicable federal, state and local laws and regulations; and
(3) Whether the person who initially presented the lessee with the lease agreement is an employee, as defined in subsection 6 of NRS 624.020, of the solar installation company.
κ2025 Statutes of Nevada, Page 1810 (CHAPTER 262, SB 440)κ
Sec. 16. NRS 598.9811 is hereby amended to read as follows:
598.9811 An agreement for the lease of a distributed generation system must include, without limitation, the following information in at least 10-point font:
1. The name, mailing address, telephone number and number of the contractors license of the solar installation company.
2. The name, mailing address and telephone number of:
(a) The lessor of the distributed generation system; and
(b) The name, mailing address and telephone number of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.
3. An estimated timeline for the installation of the distributed generation system.
4. The length of the term of the lease.
5. A general description of the distributed generation system.
6. The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.
7. A description of any warranties.
8. The amount of the:
(a) Monthly payments due under the lease; and
(b) Total payments due under the lease, excluding taxes.
9. A description of any other one-time or recurring charges, including, without limitation, a description of the circumstances that trigger any late fees.
10. A description of any obligation the lessor has regarding the installation, repair or removal of the distributed generation system.
11. A description of any obligation the lessor has regarding construction of and insurance for the distributed generation system.
12. A description of any:
(a) Taxes due at the commencement of the lease; and
(b) Estimation of taxes known to be applicable during the term of the lease, subject to any change in the state or local tax rate or tax structure.
13. A copy of the warranty for the distributed generation system.
14. A disclosure notifying the lessee of the transferability of the obligations under the warranty to a subsequent lessee.
15. The identification of any state or federal tax incentives that are included in calculating the amount of the monthly payments due under the lease.
16. A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.
17. Any terms for renewal of the lease.
18. A description of any option to purchase the distributed generation system before the end of the term of the lease.
19. A description of all options available to the host customer in connection with the continuation, termination or transfer of the lease in the event of the:
(a) Sale of the property to which the distributed generation system is affixed; or
(b) Death of the lessee.
20. A description of any restrictions that the lease imposes on the modification or transfer of the property to which the distributed generation system is affixed.
κ2025 Statutes of Nevada, Page 1811 (CHAPTER 262, SB 440)κ
21. The granting to the lessee of the right to rescind the lease for a period ending not less than 3 business days after the lease is signed.
22. An estimate of the amount of electricity that could be generated by the distributed generation system in the first year of operation.
23. The following information concerning the parts of the distributed generation system:
(a) The make and model of all inverters of the distributed generation system;
(b) The make, model and power class of all solar modules of the distributed generation system; and
(c) The manufacturer of any racking system of the distributed generation system.
24. A provision requiring the lessee to fully and accurately disclose all material information relating to the property to which the distributed generation system will be affixed that may affect the installation of the distributed generation system, including, without limitation, any relevant modifications to the electrical service of the property.
25. A provision requiring the lessee to promptly execute any agreements with a public utility that are necessary and provide to the solar installation company any information that is necessary for the completion of the installation of the distributed generation system.
26. A provision that provides that the lessee is liable for any damages caused by the failure of the purchaser to comply with the provisions of any agreement set forth in subsection 25.
27. A signature block that is signed and dated by the lessor and the lessee of the distributed generation system.
Sec. 17. NRS 598.9813 is hereby amended to read as follows:
598.9813 An agreement for the purchase of a distributed generation system must include a cover page that:
1. Prominently displays the following information at the top of the cover page in at least 16-point font:
(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days after the execution of the agreement, as provided in NRS 598.98216.
(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice that the purchaser may send such a notice to that electronic mail address.
(c) Notice of the requirement to make and maintain a recording pursuant to NRS 598.98213.
(d) Notice that, before the installation of the distributed generation system, the purchaser will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the purchase of the distributed generation system other than what is contained in the agreement.
2. Provide the following information in at least 10-point font:
(a) The size of the distributed generation system.
(b) The length of the term of the warranty for the distributed generation system.
(c) An estimated timeline for the installation of the distributed generation system.
(d) A description of any warranties.
(e) The total cost of the distributed generation system.
κ2025 Statutes of Nevada, Page 1812 (CHAPTER 262, SB 440)κ
(f) The estimated value of any portfolio energy credits and rebates of any incentives included in the calculation of the total cost of the distributed generation system.
(g) The amounts due at the signing for and at the completion of the installation of the distributed generation system.
(h) The estimated production of the distributed generation system in the first year of operation and an explanation that:
(1) The purchaser will always receive a power bill if the premises of the purchaser are connected to the power grid;
(2) The estimated production or offset is based on available data on prior consumption; and
(3) Any change in consumption by the purchaser will impact the estimated offset, or savings, in relation to the production.
(i) Notice of the existence of the Recovery Fund administered by the State Contractors Board pursuant to NRS 624.470.
(j) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.
(k) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.
(l) Contact information for the State Contractors Board and Public Utilities Commission of Nevada, including, without limitation, a telephone number.
(m) Notice that the purchaser, before the execution of the agreement, may request any document used in the solicitation, offer or transaction for the agreement in any language.
(n) The following disclosures:
(1) Whether the solar installation company:
(I) Maintains a physical office in this State at which employees, as defined in subsection 6 of NRS 624.020, of the solar installation company conduct business; and
(II) Has at least one motor vehicle registered in this State;
(2) Whether the solar installation company is in compliance with all applicable federal, state and local laws and regulations; and
(3) Whether the person who initially presented the purchaser with the purchase agreement is an employee, as defined in subsection 6 of NRS 624.020, of the solar installation company.
Sec. 18. NRS 598.9814 is hereby amended to read as follows:
598.9814 An agreement for the purchase of a distributed generation system must include, without limitation, the following information in at least 10-point font:
1. The name, mailing address, telephone number, electronic mail address and number of the contractors license of the solar installation company.
2. The name, mailing address, telephone number and electronic mail address of:
(a) The purchaser of the distributed generation system; and
(b) The name, mailing address, telephone number and electronic mail address of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.
3. A description, which includes, without limitation, any assumptions, concerning the design and installation of the distributed generation system. Such a description must include, without limitation:
κ2025 Statutes of Nevada, Page 1813 (CHAPTER 262, SB 440)κ
(a) The size of the distributed generation system;
(b) The estimated amount of production for the distributed generation system in the first year of operation; and
(c) The estimated annual degradation to the distributed generation system.
4. The total cost of the distributed generation system.
5. An estimated timeline for the installation of the distributed generation system.
6. A payment schedule, including, without limitation:
(a) The due dates for any deposit; and
(b) Any subsequent payments that are not to exceed the total system cost stated on the cover page pursuant to NRS 598.9813.
7. The granting to the purchaser the right to rescind the agreement for a period ending not less than 3 business days after the agreement is signed.
8. A copy of the warranty for the distributed generation system.
9. A disclosure notifying the purchaser of the transferability of the obligations under the warranty to a subsequent purchaser.
10. The identification of any incentives included in the calculation of the total cost of the distributed generation system.
11. A description of any guarantee of the performance of the distributed generation system.
12. The following information concerning the parts of the distributed generation system:
(a) The make and model of all inverters of the distributed generation system;
(b) The make, model and power class of the solar modules of the distributed generation system; and
(c) The manufacturer of any racking system of the distributed generation system.
13. A provision requiring the purchaser to fully and accurately disclose all material information relating to the property to which the distributed generation system will be affixed that may affect the installation of the distributed generation system, including, without limitation, any relevant modifications to the electrical service of the property.
14. A provision requiring the purchaser to promptly execute any agreements with a public utility that are necessary and provide to the solar installation company any information that is necessary for the completion of the installation of the distributed generation system.
15. A provision that provides that the purchaser is liable for any damages caused by the failure of the purchaser to comply with the provisions of any agreement set forth in subsection 14.
16. A signature block that is signed and dated by the purchaser of the distributed generation system and the solar installation company.
[13.] 17. A description of the basis for any estimates of savings that were provided to the purchaser, if applicable.
[14.] 18. A disclosure concerning the retention of any portfolio energy credits, if applicable.
Sec. 19. NRS 598.9816 is hereby amended to read as follows:
598.9816 A power purchase agreement for the sale of the output of a distributed generation system must include a cover page that:
1. Prominently displays the following information at the top of the cover page in at least 16-point font:
κ2025 Statutes of Nevada, Page 1814 (CHAPTER 262, SB 440)κ
(a) Notice of the right to rescind or cancel the agreement, without any penalty or obligation, within 3 business days after the execution of the agreement, as provided in NRS 598.98216.
(b) An electronic mail address to which a notice of rescission or cancellation may be sent pursuant to NRS 598.98216 and notice that the host customer may send such a notice to that electronic mail address.
(c) Notice of the requirement to make and maintain a recording pursuant to NRS 598.98213.
(d) Notice that, before the installation of the distributed generation system, the host customer will have the opportunity to confirm that no representations, offers or promises were made at any time concerning the sale of the output of the distributed generation system other than what is contained in the agreement.
2. Provides the following information in at least 10-point font:
(a) The rate of any increase in the payments to be made during the term of the agreement and, if applicable, the date of the first such increase.
(b) An estimated timeline for the installation of the distributed generation system.
(c) The rate of electricity per kilowatt-hour of electricity for the first year of the agreement.
(d) The length of the term of the agreement.
(e) The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.
(f) The estimated production of the distributed generation system in the first year of operation and an explanation that:
(1) The host customer will always receive a power bill if the premises of the host customer are connected to the power grid;
(2) The estimated production or offset is based on available data on prior consumption; and
(3) Any change in consumption by the host customer will impact the estimated offset, or savings, in relation to the production.
(g) A description of the options available at the end of the term of the agreement.
(h) A description of any option to purchase the distributed generation system before the end of the term of the agreement.
(i) Notice of the existence of the Recovery Fund administered by the State Contractors Board pursuant to NRS 624.470.
(j) Notice that a person financially damaged by a licensed contractor who performs work on a residence may be eligible to recover certain financial damages from the Recovery Fund.
(k) Notice that a host customer may file a complaint with the Public Utilities Commission of Nevada.
(l) Contact information for the State Contractors Board and the Public Utilities Commission of Nevada, including, without limitation, a telephone number.
(m) Notice that the host customer, before execution of the agreement, may request any document used in the solicitation, offer or transaction for the power purchase agreement in any language.
(n) The following disclosures:
(1) Whether the solar installation company:
(I) Maintains a physical office in this State at which employees, as defined in subsection 6 of NRS 624.020, of the solar installation company conduct business; and
κ2025 Statutes of Nevada, Page 1815 (CHAPTER 262, SB 440)κ
(II) Has at least one motor vehicle registered in this State;
(2) Whether the solar installation company is in compliance with all applicable federal, state and local laws and regulations; and
(3) Whether the person who initially presented the host customer with the power purchase agreement is an employee, as defined in subsection 6 of NRS 624.020, of the solar installation company.
Sec. 20. NRS 598.9817 is hereby amended to read as follows:
598.9817 A power purchase agreement for the sale of the output of a distributed generation system must include, without limitation, the following information in at least 10-point font:
1. The name, mailing address, telephone number, electronic mail address and number of the contractors license of the solar installation company.
2. The name, mailing address, telephone number and electronic mail address of:
(a) The provider of the distributed generation system; and
(b) The name, mailing address, telephone number and electronic mail address of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.
3. The length of the term of the agreement.
4. An estimated timeline for the installation of the distributed generation system.
5. The payments made during the first year of the agreement for the price of electricity, which includes, without limitation, the price per kilowatt-hour of electricity and the price per monthly system electrical output.
6. The estimated annual electrical output of the distributed generation system.
7. The rate of any increase in the payments to be made during the term of the agreement and, if applicable, the date of the first such increase.
8. A description of any obligation the solar installation company has regarding construction and repair of and insurance for the distributed generation system.
9. A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger any late fees.
10. A description of any:
(a) Taxes due at the commencement of the agreement; and
(b) Estimation of taxes known to be applicable during the term of the agreement, subject to a change in the state or local tax rate or tax structure.
11. A copy of the warranty for the distributed generation system.
12. A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.
13. Any terms for renewal of the agreement.
14. A description of any option to purchase the distributed generation system before the end of the term of the agreement.
15. A description of all options available to the host customer in connection with the continuation, termination or transfer of the agreement in the event of the:
(a) Sale of the property to which the distributed generation system is affixed; or
κ2025 Statutes of Nevada, Page 1816 (CHAPTER 262, SB 440)κ
(b) Death of the purchaser.
16. The granting to the purchaser of the right to rescind the agreement for a period ending not less than 3 business days after the agreement is signed.
17. A description of any restrictions that the agreement imposes on the modification or transfer of the property to which the distributed generation system is affixed.
18. A description of any guarantees of the performance of the distributed generation system.
19. A disclosure notifying the host customer of the transferability of the obligations under the warranty to a subsequent purchaser.
20. The following information concerning the parts of the distributed generation system:
(a) The make and model of all inverters of the distributed generation system;
(b) The make, model and power class of the solar modules of the distributed generation system; and
(c) The manufacturer of any racking system of the distributed generation system.
21. A provision requiring the host customer to fully and accurately disclose all material information relating to the property to which the distributed generation system will be affixed that may affect the installation of the distributed generation system, including, without limitation, any relevant modifications to the electrical service of the property.
22. A provision requiring the host customer to promptly execute any agreements with a public utility that are necessary and provide to the solar installation company any information that is necessary for the completion of the installation of the distributed generation system.
23. A provision that provides that the host customer is liable for any damages caused by the failure of the purchaser to comply with the provisions of any agreement set forth in subsection 22.
24. A signature block that is signed and dated by the purchaser and the solar installation company.
[21.] 25. A statement describing the due dates of any payments.
Sec. 21. NRS 598.98213 is hereby amended to read as follows:
598.98213 1. A solar installation company shall, in person or by telephone or videoconference, verbally:
(a) Confirm the identity of a purchaser or lessee under an agreement for the purchase or lease of a distributed generation system or a host customer under a power purchase agreement;
(b) Communicate to the purchaser, lessee or host customer the information required to be included in a cover page pursuant to NRS 598.9809, 598.9813 or 598.9816, as applicable; and
(c) Confirm that the purchaser, lessee or host customer understands the information communicated pursuant to paragraph (b).
2. The verbal communication required by subsection 1 must be:
(a) Recorded by the solar installation company; and
(b) Conducted at the time of the execution of the agreement or within 48 hours after the execution of the agreement.
3. A solar installation company shall not commence the installation of any distributed generation system under an agreement until the recording required pursuant to this section has been made.
κ2025 Statutes of Nevada, Page 1817 (CHAPTER 262, SB 440)κ
4. A solar installation company shall maintain the recording required pursuant to this section for not less than 4 years after the date of the final inspection of the distributed generation system within the jurisdiction in which the distributed generation system is located. If, at any time during that period:
(a) A purchaser, lessee, host customer or distributed generation system financier requests, in an electronic communication or in writing pursuant to the terms of the power purchase agreement, as applicable; or
(b) The Attorney General, the Division of Financial Institutions of the Department of Business and Industry, the State Contractors Board, the Housing Division of the Department of Business and Industry or a law enforcement agency requests, in any manner,
Κ that a copy of the recording be provided to the requesting person or entity, as applicable, the solar installation company shall provide the copy within 10 business days after receipt of the request. If a solar installation company fails to provide the copy within that time, the purchase or lease agreement or power purchase agreement is voidable by the purchaser, lessee or host customer, as applicable.
5. A solar installation company shall, before the commencement of the installation of a distributed generation system, submit proof to the purchaser, lessee or host customer that the solar installation company is properly licensed.
Sec. 21.5. NRS 598.9822 is hereby amended to read as follows:
598.9822 1. A host customer may file a complaint concerning a solar installation company with the Public Utilities Commission of Nevada. Upon receipt of a complaint, the Commission may direct the host customer to the appropriate agency or person to resolve the complaint.
2. The failure of a person to comply with NRS 598.9801 to 598.9822, inclusive, and sections 14.1 to 14.4, inclusive, of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
3. If a solar installation company executes with a purchaser or lessee an agreement for the purchase or lease of a distributed generation system or with a host customer a power purchase agreement and knowingly fails to comply with any requirement of NRS 598.9801 to 598.9822, inclusive, and sections 14.1 to 14.4, inclusive, of this act, including, without limitation, by failing to include any disclosure or information required by NRS 598.9801 to 598.9822, inclusive, and sections 14.1 to 14.4, inclusive, of this act, or knowingly failing to maintain a recording of a verbal communication as required by NRS 598.98213, the agreement is voidable by the purchaser, lessee or host customer. The actions of persons who solely conduct administrative duties or provide administrative services directly to and for the benefit of the solar installation company are not imputed to the solar installation company for the purposes of this subsection.
4. A violation of any provision of NRS 598.9801 to 598.9822, inclusive, and sections 14.1 to 14.4, inclusive, of this act constitutes consumer fraud for the purposes of NRS 41.600.
5. Any document described in NRS 598.9809 to 598.9821, inclusive, and sections 14.1 to 14.4, inclusive, of this act must be provided in:
(a) English; or
(b) Any other language, if any person so requests before the execution of the relevant document.
κ2025 Statutes of Nevada, Page 1818 (CHAPTER 262, SB 440)κ
6. If a solar installation company advertises its services or negotiates orally or in writing any of the requirements of NRS 598.9801 to 598.9822, inclusive, and sections 14.1 to 14.4, inclusive, of this act in a language other than English or permits an employee or agent of the solar installation company to so advertise or negotiate, the solar installation company must deliver a translation of any contract, agreement or notice described in NRS 598.9801 to 598.9822, inclusive, and sections 14.1 to 14.4, inclusive, of this act resulting from such advertising or negotiations in the language in which such advertising was made or such negotiations occurred to a person who is a party to such a contract or agreement, or who may sign the contract or agreement, or who is entitled to receive such notice. The translation of the contract, agreement or notice must be provided before the execution of the contract or agreement and include, without limitation, every term and condition in the contract, agreement or notice.
Sec. 22. (Deleted by amendment.)
Sec. 23. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 and 25 of this act.
Sec. 24. (Deleted by amendment.)
Sec. 25. 1. If a customer-generator has received all the necessary inspections from any governmental entity required for the installation of a net metering system and submits to a utility a request for the completion of a final inspection by the utility, the utility shall complete the final inspection within a reasonable time after receipt of the request in accordance with the regulations adopted pursuant to NRS 704.773.
2. If a customer-generator submits to a utility a request to temporarily disconnect and subsequently reconnect electric service in relation to the installation of a net metering system, the utility shall schedule the temporary disconnection and subsequent reconnection within a reasonable time after receiving the request in accordance with the regulations adopted pursuant to NRS 704.773.
Sec. 26. (Deleted by amendment.)
Sec. 27. NRS 704.767 is hereby amended to read as follows:
704.767 As used in NRS 704.766 to 704.776, inclusive, and section 25 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7675 to 704.772, inclusive, have the meanings ascribed to them in those sections.
Sec. 28. NRS 704.773 is hereby amended to read as follows:
704.773 1. A utility shall offer net metering in accordance with the provisions of NRS 704.766 to 704.776, inclusive, and section 25 of this act to the customer-generators operating within its service area.
2. If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than 25 kilowatts, the utility:
(a) Shall offer to make available to the customer-generator an energy meter that is capable of registering the flow of electricity in two directions.
(b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.
(c) Except as otherwise provided in subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system.
κ2025 Statutes of Nevada, Page 1819 (CHAPTER 262, SB 440)κ
(d) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.
3. If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than 25 kilowatts, the utility:
(a) May require the customer-generator to install at its own cost:
(1) An energy meter that is capable of measuring generation output and customer load; and
(2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.
(b) Except as otherwise provided in paragraph (d) and subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, customer, demand and facility charges.
(c) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.
(d) Shall not charge the customer-generator any standby charge.
4. At the time of installation or upgrade of any portion of a net metering system, the utility must allow a customer-generator governed by subsection 3 to pay the entire cost of the installation or upgrade of the portion of the net metering system.
5. Except as otherwise provided in subsections 2, 3 and 6 and NRS 704.7732, the utility shall not for any purpose assign a customer-generator to a rate class other than the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, for the purpose of any fee or charge.
6. If the net metering system of a customer-generator is a net metering system described in paragraph (b) or (c) of subsection 1 of NRS 704.771 and:
(a) The system is intended primarily to offset part or all of the customer-generators requirements for electricity on property contiguous to the property on which the net metering system is located; and
(b) The customer-generator sells or transfers his or her interest in the contiguous property,
Κ the net metering system ceases to be eligible to participate in net metering.
7. A utility shall assess against a customer-generator:
(a) If applicable, the universal energy charge imposed pursuant to NRS 702.160; and
(b) Any charges imposed pursuant to chapter 701B of NRS or NRS 704.7827 or 704.785 which are assessed against other customers in the same rate class as the customer-generator.
Κ For any such charges calculated on the basis of a kilowatt-hour rate, the customer-generator must only be charged with respect to kilowatt-hours of energy delivered by the utility to the customer-generator.
8. The Commission and the utility must allow a customer-generator who accepts the offer of the utility for net metering to continue net metering pursuant to NRS 704.766 to 704.776, inclusive, at the location at which the net metering system is originally installed for 20 years. For the purposes of this subsection, to continue net metering includes, without limitation:
κ2025 Statutes of Nevada, Page 1820 (CHAPTER 262, SB 440)κ
(a) Retaining the percentage set forth in subsection 3 of NRS 704.7732 to be used to determine the credit for electricity governed by paragraph (c) of subsection 2 of NRS 704.775, which is applicable to the customer-generator; and
(b) Replacing the originally installed net metering system, as needed, at any time before 20 years after the date of the installation of the originally installed net metering system.
9. The Commission shall adopt regulations prescribing the form and substance for a net metering tariff and a standard net metering contract. The regulations must include, without limitation:
(a) The particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to:
(1) Metering equipment;
(2) Net energy metering and billing; and
(3) Interconnection,
Κ based on the allowable size of the net metering system.
(b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.
(c) [A timeline for processing applications and contracts for net metering applicants.] Procedures and requirements concerning the process for applying for and installing a net metering system, which must include, without limitation:
(1) Reasonable and appropriate timelines for the process, including, without limitation, timelines for:
(I) The review of an application of a net metering applicant;
(II) Obtaining a final inspection of a net metering system;
(III) The processing of a request to temporarily disconnect and subsequently reconnect electric service in relation to the installation of a net metering system; and
(IV) Obtaining the permission of the utility to operate the net metering system.
(2) The requirement that a utility that denies the application of a net metering applicant provide to the net metering applicant a notice detailing the reasons for the denial.
(d) Any other provisions the Commission finds necessary to carry out the provisions of NRS 704.766 to 704.776, inclusive [.] , and section 25 of this act.
Sec. 29. NRS 704.774 is hereby amended to read as follows:
704.774 1. A customer-generator must obtain all necessary permits and approvals required by any governmental entity for the installation of his or her net metering system and install the net metering system in compliance with the permits and approvals.
2. A net metering system used by a customer-generator must meet all applicable safety and power quality standards established by:
(a) The National Electrical Code;
(b) Underwriters Laboratories Inc.; and
(c) The Institute of Electrical and Electronic Engineers.
[2.] 3. A customer-generator who satisfies the requirements in subsection 1 and whose net metering system meets [such] the safety and quality standards specified in subsection 2 must not be required by the utility to:
κ2025 Statutes of Nevada, Page 1821 (CHAPTER 262, SB 440)κ
(a) Comply with additional standards or requirements;
(b) Perform additional tests;
(c) Install additional controls; or
(d) Purchase additional liability insurance,
Κ arising solely from the status as a customer-generator.
Sec. 30. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 29, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2025, for all other purposes.
________
Assembly Bill No. 457Assemblymember Considine
CHAPTER 263
[Approved: June 5, 2025]
AN ACT relating to taxation; requiring the Joint Interim Standing Committee on Revenue to conduct a study during the 2025-2026 interim on the advisability and feasibility of treating certain business entities as a single entity for the purposes of the commerce tax and imposing a tax on the sale or transfer of a controlling interest in an entity which possesses an interest in real property in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes an annual commerce tax on each business entity engaged in business in this State whose Nevada gross revenue in a fiscal year exceeds $4,000,000 at a rate that is based on the industry in which the business entity is primarily engaged. (NRS 363C.200) Existing law creates the Joint Interim Standing Committee on Revenue and authorizes a Joint Interim Standing Committee, including the Joint Interim Standing Committee on Revenue, to conduct studies directed by the Legislature or the Legislative Commission, within the limits of the Committees budget. (NRS 218E.320, 218E.330) This bill requires the Joint Interim Standing Committee on Revenue to conduct a study during the 2025-2026 interim concerning the advisability and feasibility of: (1) treating as a single entity for the purposes of the commerce tax certain business entities that are primarily engaged in the business of renting real property located in this State to another person, which must include, without limitation, the estimated impact to state revenue of such treatment; and (2) imposing a tax on the sale or transfer of a controlling interest in an entity which possesses an interest in real property in this State, which must include, without limitation, the estimated impact of such a tax on state and local revenue. This bill also requires the Joint Interim Standing Committee on Revenue to study the manner in which a tax on the sale or transfer of a controlling interest in an entity which possesses an interest in real property in this State should be administered. This bill requires the Committee to submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 84th Session of the Nevada Legislature.
κ2025 Statutes of Nevada, Page 1822 (CHAPTER 263, AB 457)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-6. (Deleted by amendment.)
Sec. 6.5. 1. During the 2025-2026 interim, the Joint Interim Standing Committee on Revenue shall conduct a study on:
(a) The advisability and feasibility of, and estimated impact to state revenue that would result from, treating as a single entity for the purposes of the commerce tax imposed by chapter 363C of NRS:
(1) A business entity primarily engaged in the business of renting real property located in this State to other persons, which has more than 50 percent of the value of the ownership interest of the business entity owned or controlled, directly or constructively through related interests, by common owners.
(2) A limited liability company, and any series thereof, primarily engaged in the business of renting real property located in this State to other persons.
(3) Any other type or form of entity engaged primarily in the business of renting real property located in this State to other persons which the Committee determines is advisable to study.
(b) The advisability and feasibility of, and estimated impact to state and local revenue that would result from, imposing a tax on the sale or transfer of a controlling interest in an entity which owns an interest in real property in this State and the manner in which such a tax should be administered, including, without limitation, the manner in which a change in the controlling interest in an entity which possesses an interest in real property should be reported and the tax remitted.
2. On or before January 1, 2027, the Joint Interim Standing Committee on Revenue shall submit a report of the results of the study, including, without limitation, any recommendations for legislation, to the Director of the Legislative Counsel Bureau for transmittal to the 84th Session of the Nevada Legislature.
Sec. 7. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 1823κ
Assembly Bill No. 554Committee on Ways and Means
CHAPTER 264
[Approved: June 5, 2025]
AN ACT relating to financial administration; providing that any money remaining in the Grant Matching Account at the end of the fiscal year does not revert to the State General Fund; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada Grant Matching Program within the Office of Federal Assistance in the Office of the Governor to provide funds as grants to state agencies, local agencies, tribal governments and nonprofit organizations for the purpose of satisfying the matching funds requirement for a federal grant. (NRS 223.490) Existing law also: (1) creates the Grant Matching Account as part of the Program; and (2) requires money in the Account, except for money received from a grant, gift or donation to the Account, that has not been committed for expenditure on or before June 30 of an odd-numbered fiscal year to revert to the State General Fund. (NRS 223.492) This bill provides that any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund and requires the balance in the Account to be carried forward to the next fiscal year.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 223.492 is hereby amended to read as follows:
223.492 1. The Grant Matching Account is hereby created in the State General Fund. The Office shall administer the Grant Matching Account.
2. Money received from:
(a) A direct legislative appropriation to the Grant Matching Account;
(b) A transfer from the Abandoned Property Trust Account pursuant to NRS 120A.620; and
(c) A grant, gift or donation to the Grant Matching Account,
Κ must be deposited in the Grant Matching Account. The interest and income earned on the money in the Grant Matching Account must be credited to the Grant Matching Account.
3. [Except as otherwise provided in subsection 4, the balance] Any money remaining in the Grant Matching Account [that has not been committed for expenditure on or before June 30 of an odd-numbered fiscal year reverts] at the end of a fiscal year does not revert to the State General Fund [.] , and the balance in the Account must be carried forward to the next fiscal year.
4. All money received from a grant, gift or donation to the Grant Matching Account:
(a) Must be accounted for separately in the Account; and
(b) Must be expended in accordance with the terms of the gift, grant or donation . [; and
κ2025 Statutes of Nevada, Page 1824 (CHAPTER 264, AB 554)κ
(c) Does not revert to the State General Fund and must be carried over into the next fiscal year.]
Sec. 2. This act becomes effective upon passage and approval.
________
EMERGENCY REQUEST of Speaker of the Assembly
Assembly Bill No. 555Assemblymember Yeager
CHAPTER 265
[Approved: June 5, 2025]
AN ACT relating to insurance; establishing a maximum cost-sharing amount that certain health insurers may impose for a 30-day supply of prescription insulin drugs; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires certain policies of health insurance to include coverage for the management and treatment of diabetes. Existing law requires that such coverage be subject to the same deductible, copayment, coinsurance and other conditions as are required under the policy for other types of health care. (NRS 689A.0427, 689B.0357, 695B.1927, 695C.1727) Sections 1, 4, 6-9, 11, 15 and 16 of this bill prohibit certain private health insurers from imposing a deductible, copayment, coinsurance or other cost-sharing obligation greater than $35 for a 30-day supply of a prescription insulin drug. Sections 2, 5, 10 and 13 clarify that an insurer may be required by sections 1, 4, 9 or 11 to impose a different deductible, copayment or coinsurance for a 30-day supply of a prescription insulin drug than would otherwise be required by the relevant policy of health insurance for other types of health care. Section 3 of this bill authorizes the Commissioner of Insurance to require certain policies of insurance issued by a domestic insurer to a person who resides in another state to meet the requirements of section 1 in certain circumstances. Sections 12 and 17 of this bill indicate that the requirements of sections 11 and 16, respectively, are inapplicable to coverage provided by a health maintenance organization or managed care organization to: (1) recipients of Medicaid or insurance under the Childrens Health Insurance Program; and (2) government employees and their dependents. Section 14 of this bill authorizes the Commissioner to suspend or revoke the certificate of authority issued to a health maintenance organization that fails to comply with the requirements of section 11. The Commissioner would also be authorized to take such action against other insurers that fail to comply with the requirements of sections 1, 4, 6-9, 15 and 16. (NRS 680A.200)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that offers or issues a policy of health insurance which provides coverage for prescription insulin drugs shall not impose against an insured a deductible, copayment, coinsurance or other cost-sharing obligation that is greater than $35 for a 30-day supply of a prescription insulin drug which is prescribed to the insured and covered by the insurer, regardless of the amount or type of prescription insulin drug prescribed.
κ2025 Statutes of Nevada, Page 1825 (CHAPTER 265, AB 555)κ
obligation that is greater than $35 for a 30-day supply of a prescription insulin drug which is prescribed to the insured and covered by the insurer, regardless of the amount or type of prescription insulin drug prescribed.
2. As used in this section:
(a) Diabetes includes type I, type II and gestational diabetes.
(b) Prescription insulin drug means a prescription drug that contains insulin and is used to control blood glucose levels for the purpose of treating diabetes.
Sec. 2. NRS 689A.0427 is hereby amended to read as follows:
689A.0427 1. No policy of health insurance that provides coverage for hospital, medical or surgical expenses may be delivered or issued for delivery in this state unless the policy includes coverage for the management and treatment of diabetes, including, without limitation, coverage for the self-management of diabetes.
2. An insurer who delivers or issues for delivery a policy specified in subsection 1:
(a) Shall include in any disclosure of the coverage provided by the policy notice to each policyholder and subscriber under the policy of the availability of the benefits required by this section.
(b) [Shall] Except as otherwise provided in section 1 of this act, shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.
3. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.
4. As used in this section:
(a) Coverage for the management and treatment of diabetes includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.
(b) Coverage for the self-management of diabetes includes:
(1) The training and education provided to an insured person after the insured person is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;
(2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the insured person and which requires modification of the insured persons program of self-management of diabetes; and
(3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.
(c) Diabetes includes type I, type II and gestational diabetes.
Sec. 3. NRS 689A.330 is hereby amended to read as follows:
689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.
κ2025 Statutes of Nevada, Page 1826 (CHAPTER 265, AB 555)κ
Sec. 4. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer that offers or issues a policy of group health insurance which provides coverage for prescription insulin drugs shall not impose against an insured a deductible, copayment, coinsurance or other cost-sharing obligation that is greater than $35 for a 30-day supply of a prescription insulin drug which is prescribed to the insured and covered by the insurer, regardless of the amount or type of prescription insulin drug prescribed.
2. As used in this section:
(a) Diabetes includes type I, type II and gestational diabetes.
(b) Prescription insulin drug means a prescription drug that contains insulin and is used to control blood glucose levels for the purpose of treating diabetes.
Sec. 5. NRS 689B.0357 is hereby amended to read as follows:
689B.0357 1. No group policy of health insurance that provides coverage for hospital, medical or surgical expenses may be delivered or issued for delivery in this state unless the policy includes coverage for the management and treatment of diabetes, including, without limitation, coverage for the self-management of diabetes.
2. An insurer who delivers or issues for delivery a policy specified in subsection 1:
(a) Shall include in any disclosure of the coverage provided by the policy notice to each policyholder and subscriber under the policy of the availability of the benefits required by this section.
(b) [Shall] Except as provided in section 4 of this act, shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.
3. A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void.
4. As used in this section:
(a) Coverage for the management and treatment of diabetes includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.
(b) Coverage for the self-management of diabetes includes:
(1) The training and education provided to the employee or member of the insured group after the employee or member is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;
(2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the employee or member of the insured group and which requires modification of his or her program of self-management of diabetes; and
(3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.
(c) Diabetes includes type I, type II and gestational diabetes.
κ2025 Statutes of Nevada, Page 1827 (CHAPTER 265, AB 555)κ
Sec. 6. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A carrier that offers or issues a health benefit plan which provides coverage for prescription insulin drugs shall not impose against an insured a deductible, copayment, coinsurance or other cost-sharing obligation that is greater than $35 for a 30-day supply of a prescription insulin drug which is prescribed to the insured and covered by the carrier, regardless of the amount or type of prescription insulin drug prescribed.
2. As used in this section:
(a) Diabetes includes type I, type II and gestational diabetes.
(b) Prescription insulin drug means a prescription drug that contains insulin and is used to control blood glucose levels for the purpose of treating diabetes.
Sec. 7. NRS 689C.425 is hereby amended to read as follows:
689C.425 A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 6 of this act, to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.
Sec. 8. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A society that offers or issues a benefit contract which provides coverage for prescription insulin drugs shall not impose against an insured a deductible, copayment, coinsurance or other cost-sharing obligation that is greater than $35 for a 30-day supply of a prescription insulin drug which is prescribed to the insured and covered by the society, regardless of the amount or type of prescription insulin drug prescribed.
2. As used in this section:
(a) Diabetes includes type I, type II and gestational diabetes.
(b) Prescription insulin drug means a prescription drug that contains insulin and is used to control blood glucose levels for the purpose of treating diabetes.
Sec. 9. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A hospital or medical services corporation that offers or issues a policy of health insurance which provides coverage for prescription insulin drugs shall not impose against an insured a deductible, copayment, coinsurance or other cost-sharing obligation that is greater than $35 for a 30-day supply of a prescription insulin drug which is prescribed to the insured and covered by the hospital or medical services corporation, regardless of the amount or type of prescription insulin drug prescribed.
2. As used in this section:
(a) Diabetes includes type I, type II and gestational diabetes.
(b) Prescription insulin drug means a prescription drug that contains insulin and is used to control blood glucose levels for the purpose of treating diabetes.
Sec. 10. NRS 695B.1927 is hereby amended to read as follows:
695B.1927 1. No contract for hospital or medical service that provides coverage for hospital, medical or surgical expenses may be delivered or issued for delivery in this state unless the contract includes coverage for the management and treatment of diabetes, including, without limitation, coverage for the self-management of diabetes.
κ2025 Statutes of Nevada, Page 1828 (CHAPTER 265, AB 555)κ
2. An insurer who delivers or issues for delivery a contract specified in subsection 1:
(a) Shall include in any disclosure of the coverage provided by the contract notice to each policyholder or subscriber covered under the contract of the availability of the benefits required by this section.
(b) [Shall] Except as otherwise provided in section 9 of this act, shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the contract.
3. A contract for hospital or medical service subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the contract that conflicts with this section is void.
4. As used in this section:
(a) Coverage for the management and treatment of diabetes includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.
(b) Coverage for the self-management of diabetes includes:
(1) The training and education provided to a person covered under the contract after the person is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;
(2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the person covered under the contract and which requires modification of the persons program of self-management of diabetes; and
(3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.
(c) Diabetes includes type I, type II and gestational diabetes.
Sec. 11. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A health maintenance organization that offers or issues a health care plan which provides coverage for prescription insulin drugs shall not impose against an enrollee a deductible, copayment, coinsurance or other cost-sharing obligation that is greater than $35 for a 30-day supply of a prescription insulin drug which is prescribed to the enrollee and covered by the health maintenance organization, regardless of the amount or type of prescription insulin drug prescribed.
2. As used in this section:
(a) Diabetes includes type I, type II and gestational diabetes.
(b) Prescription insulin drug means a prescription drug that contains insulin and is used to control blood glucose levels for the purpose of treating diabetes.
Sec. 12. NRS 695C.050 is hereby amended to read as follows:
695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
κ2025 Statutes of Nevada, Page 1829 (CHAPTER 265, AB 555)κ
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, and section 11 of this act, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.1759, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
5. The provisions of NRS 695C.16932 to 695C.1699, inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731, 695C.17333, 695C.17345, 695C.17347, 695C.1736 to 695C.1745, inclusive, 695C.1757 and 695C.204 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.
6. The provisions of NRS 695C.17095 and section 11 of this act do not apply to a health maintenance organization that provides health care services to members of the Public Employees Benefits Program. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
7. The provisions of NRS 695C.1735 and section 11 of this act do not apply to a health maintenance organization that provides health care services to:
(a) The officers and employees, and the dependents of officers and employees, of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State; or
(b) Members of the Public Employees Benefits Program.
Κ This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
Sec. 13. NRS 695C.1727 is hereby amended to read as follows:
695C.1727 1. No evidence of coverage that provides coverage for hospital, medical or surgical expenses may be delivered or issued for delivery in this state unless the evidence of coverage includes coverage for the management and treatment of diabetes, including, without limitation, coverage for the self-management of diabetes.
2. [An] Except as otherwise provided in section 11 of this act, an insurer who delivers or issues for delivery an evidence of coverage specified in subsection 1 shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for the evidence of coverage that are required under the evidence of coverage.
κ2025 Statutes of Nevada, Page 1830 (CHAPTER 265, AB 555)κ
3. Evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 1998, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage that conflicts with this section is void.
4. As used in this section:
(a) Coverage for the management and treatment of diabetes includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.
(b) Coverage for the self-management of diabetes includes:
(1) The training and education provided to the enrollee after the enrollee is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;
(2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the enrollee and which requires modification of the enrollees program of self-management of diabetes; and
(3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.
(c) Diabetes includes type I, type II and gestational diabetes.
Sec. 14. NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 11 of this act or 695C.204 or 695C.207;
(c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;
(d) The Commissioner certifies that the health maintenance organization:
(1) Does not meet the requirements of subsection 1 of NRS 695C.080; or
(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;
(g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:
κ2025 Statutes of Nevada, Page 1831 (CHAPTER 265, AB 555)κ
(1) Resolving complaints in a manner reasonably to dispose of valid complaints; and
(2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
(j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or
(k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.
2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.
3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.
4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.
Sec. 15. Chapter 695F of NRS is hereby amended by adding thereto a new section to read as follows:
1. A prepaid limited health service organization that offers or issues evidence of coverage which provides coverage for prescription insulin drugs shall not impose against an enrollee a deductible, copayment, coinsurance or other cost-sharing obligation that is greater than $35 for a 30-day supply of a prescription insulin drug which is prescribed to the enrollee and covered by the prepaid limited health service organization, regardless of the amount or type of prescription insulin drug prescribed.
2. As used in this section:
(a) Diabetes includes type I, type II and gestational diabetes.
(b) Prescription insulin drug means a prescription drug that contains insulin and is used to control blood glucose levels for the purpose of treating diabetes.
Sec. 16. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
1. A managed care organization that offers or issues a health care plan which provides coverage for prescription insulin drugs shall not impose against an insured a deductible, copayment, coinsurance or other cost-sharing obligation that is greater than $35 for a 30-day supply of a prescription insulin drug which is prescribed to the insured and covered by the managed care organization, regardless of the amount or type of prescription insulin drug prescribed.
κ2025 Statutes of Nevada, Page 1832 (CHAPTER 265, AB 555)κ
2. As used in this section:
(a) Diabetes includes type I, type II and gestational diabetes.
(b) Prescription insulin drug means a prescription drug that contains insulin and is used to control blood glucose levels for the purpose of treating diabetes.
Sec. 17. NRS 695G.090 is hereby amended to read as follows:
695G.090 1. Except as otherwise provided in subsection 3, the provisions of this chapter apply to each organization and insurer that operates as a managed care organization and may include, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of individual or group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation and a health maintenance organization.
2. In addition to the provisions of this chapter, each managed care organization shall comply with:
(a) The provisions of chapter 686A of NRS, including all obligations and remedies set forth therein; and
(b) Any other applicable provision of this title.
3. The provisions of NRS 695G.127, 695G.1639, 695G.164, 695G.1645, 695G.167 and 695G.200 to 695G.230, inclusive, and section 16 of this act do not apply to a managed care organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services.
4. The provisions of NRS 695C.1735 and 695G.1639 and section 16 of this act do not apply to a managed care organization that provides health care services to members of the Public Employees Benefits Program.
5. The provisions of section 16 of this act do not apply to a managed care organization that provides health care services to officers and employees, and the dependents of officers and employees, of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State.
6. Subsections 3 , [and] 4 and 5 do not exempt a managed care organization from any provision of this chapter for services provided pursuant to any other contract.
Sec. 18. The provisions of this act do not apply to any policy of health insurance, policy of group health insurance, health benefit plan, benefit contract, health care plan or evidence of coverage issued before October 1, 2025, but apply to any renewal or extension of such a policy, plan, contract or evidence of coverage.
________
κ2025 Statutes of Nevada, Page 1833κ
Assembly Bill No. 560Committee on Ways and Means
CHAPTER 266
[Approved: June 5, 2025]
AN ACT making a supplemental appropriation to the Division of Child and Family Services of the Department of Health and Human Services for an unanticipated shortfall related to the Rural Child Welfare budget account; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services the sum of $444,325 for an unanticipated shortfall in personnel, travel, transportation and utilities expenses in the Rural Child Welfare budget account. This appropriation is supplemental to that made by section 17 of chapter 209, Statutes of Nevada 2023, at page 1240.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 562Committee on Ways and Means
CHAPTER 267
[Approved: June 5, 2025]
AN ACT making appropriations to the Office of the Secretary of State for costs associated with the voter registration and elections management system and connectivity of automatic voter registration agencies; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Office of the Secretary of State the sum of $27,004,162 for the HAVA Election Reform budget account for the costs of the continued replacement of the voter registration and elections management system.
Sec. 2. There is hereby appropriated from the State General Fund to the Office of the Secretary of State the sum of $748,800 for the HAVA Election Reform budget account for the costs of consulting services to support the continued implementation of the voter registration and elections management system.
κ2025 Statutes of Nevada, Page 1834 (CHAPTER 267, AB 562)κ
Sec. 3. There is hereby appropriated from the State General Fund to the Office of the Secretary of State the sum of $3,487,364 for the HAVA Election Reform budget account for the costs of connectivity of automatic voter registration agencies.
Sec. 4. Any remaining balance of an appropriation made by sections 1, 2 and 3 of this act must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 17, 2027.
Sec. 5. This act becomes effective on July 1, 2025.
________
Assembly Bill No. 563Committee on Ways and Means
CHAPTER 268
[Approved: June 5, 2025]
AN ACT making an appropriation to the Office of the State Controller for the costs of certain consulting services; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Office of the State Controller the sum of $1,110,000 for the costs of consulting services relating to the preparation of the annual financial report for the State of Nevada.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 2. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 1835κ
Assembly Bill No. 564Committee on Ways and Means
CHAPTER 269
[Approved: June 5, 2025]
AN ACT making an appropriation to the Fleet Services Division of the Department of Administration for the replacement and purchase of vehicles; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Fleet Services Division of the Department of Administration the sum of $13,131,324 for the replacement and purchase of vehicles.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 2. This act becomes effective on July 1, 2025.
________
Assembly Bill No. 565Committee on Ways and Means
CHAPTER 270
[Approved: June 5, 2025]
AN ACT making an appropriation to the Supreme Court of Nevada for the costs of the implementation of a statewide trial court electronic filing system; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Supreme Court of Nevada the sum of $5,175,367 for the Administrative Office of the Courts budget account for the costs of the implementation of a statewide trial court electronic filing system.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
κ2025 Statutes of Nevada, Page 1836 (CHAPTER 270, AB 565)κ
which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 2. This act becomes effective on July 1, 2025.
________
Assembly Bill No. 566Committee on Ways and Means
CHAPTER 271
[Approved: June 5, 2025]
AN ACT making appropriations to and authorizing the expenditure of money by the Division of Museums and History of the Department of Tourism and Cultural Affairs for certain vehicles, tools and repairs; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Museums and History of the Department of Tourism and Cultural Affairs the sum of $34,487 for the Nevada State Railroad Museums budget account for the costs of a utility vehicle, a truck and tools for locomotive maintenance and restoration at the Nevada State Railroad Museum in Boulder City.
2. Expenditure of $147,023 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2025-2026 and Fiscal Year 2026-2027 by the Division of Museums and History of the Department of Tourism and Cultural Affairs for the same purpose as set forth in subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Division of Museums and History of the Department of Tourism and Cultural Affairs the sum of $41,294 for the Nevada State Railroad Museums budget account for the costs of a utility vehicle and tractor and for the repair of an electronic sign at the Nevada State Railroad Museum in Carson City.
κ2025 Statutes of Nevada, Page 1837 (CHAPTER 271, AB 566)κ
2. Expenditure of $176,044 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2025-2026 and Fiscal Year 2026-2027 by the Division of Museums and History of the Department of Tourism and Cultural Affairs for the same purpose as set forth in subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 3. This act becomes effective on July 1, 2025.
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Assembly Bill No. 569Committee on Ways and Means
CHAPTER 272
[Approved: June 5, 2025]
AN ACT making appropriations to the Department of Veterans Services for certain vehicles and equipment; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Department of Veterans Services the sum of $67,187 for the replacement of utility vehicles and a truck at the Southern Nevada Veterans Memorial Cemetery.
Sec. 2. There is hereby appropriated from the State General Fund to the Department of Veterans Services the sum of $34,390 for the replacement of a mower at the Southern Nevada Veterans Memorial Cemetery.
Sec. 3. There is hereby appropriated from the State General Fund to the Department of Veterans Services the sum of $120,000 for the replacement of security and safety equipment at the Southern Nevada Veterans Memorial Cemetery.
Sec. 4. There is hereby appropriated from the State General Fund to the Department of Veterans Services the sum of $194,935 for the replacement of a dump truck and the purchase of a tracked loader vehicle for the Northern Nevada Veterans Memorial Cemetery.
Sec. 5. There is hereby appropriated from the State General Fund to the Department of Veterans Services the sum of $4,622 for the costs of a video conference system.
κ2025 Statutes of Nevada, Page 1838 (CHAPTER 272, AB 569)κ
Sec. 6. Any remaining balance of the appropriations made by sections 1 to 5, inclusive, of this act must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 7. 1. This section and sections 1, 3 and 6 of this act become effective on July 1, 2025.
2. Sections 2, 4 and 5 of this act become effective on July 1, 2026.
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Assembly Bill No. 573Committee on Ways and Means
CHAPTER 273
[Approved: June 5, 2025]
AN ACT making an appropriation to the Department of Education to carry out the Incentivizing Pathways to Teaching Grant Program; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Education the sum of $8,710,708 to carry out the Incentivizing Pathways to Teaching Grant Program created by NRS 391A.705.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.
Sec. 2. This act becomes effective on July 1, 2025.
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