requires two-thirds majority vote (§§ 7, 11, 14)                                                                                                    

                                                                                                  

 

Assembly Bill No. 431–Assemblywoman Giunchigliani

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Establishes program to provide incentives for installation of certain solar energy systems. (BDR 53‑723)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to energy; requiring the licensure of solar energy system installers; requiring the Division of Industrial Relations of the Department of Business and Industry to adopt regulations regarding the licensure of such installers; requiring the Public Utilities Commission of Nevada to adopt a system of renewable energy credits; providing for the establishment of the Solar Energy Systems Demonstration Program; providing a penalty; and providing other matters properly relating thereto.

 

    Whereas, Distributed generation of electricity using solar technology, including photovoltaic cells, can play an important role in the future of energy production in Nevada; and

    Whereas, Even though each individual solar energy system is small, the combination of a large number of systems on homes, businesses, schools and public buildings can reduce the demand for electricity at times of peak consumption; and

    Whereas, A large demand for individual solar energy systems will have the effect of creating new, skilled jobs and lead to the location in this state of the manufacturing of these systems and research into and development of these systems; and

    Whereas, The Nevada Legislature recently passed legislation creating a portfolio standard for renewable energy for producers of electricity and seeks to build upon that effort; and

    Whereas, Legislative action is necessary to accelerate the development of a market for photovoltaic systems in schools, public buildings, homes and small businesses, to develop the skilled labor force necessary to install and maintain photovoltaic systems and to encourage the use of trained and certified solar energy system installers; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 618 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 16, inclusive, of this

1-3  act.

1-4  Sec. 2.  As used in sections 2 to 16, inclusive, of this act,

1-5  unless the context otherwise requires, the words and terms defined

1-6  in sections 3 to 6, inclusive, of this act have the meanings ascribed

1-7  to them in those sections.

1-8  Sec. 3.  “Occupation” means a specific discipline involved in

1-9  a solar energy system project, including those tasks performed by

1-10  an inspector, management planner, consultant, project designer,

1-11  contractor, supervisor or worker engaged in a solar energy system

1-12  project.

1-13      Sec. 4.  “Solar energy system” means a facility or energy

1-14  system for the generation of electricity that uses photovoltaic cells

1-15  and solar energy to generate electricity.

1-16      Sec. 5.  “Solar energy system project” means a project related

1-17  to:

1-18      1.  The installation of a solar energy system; or

1-19      2.  The maintenance of a solar energy system.

1-20      Sec. 6.  “Worker” means any person actually engaged in

1-21  work directly related to a solar energy system project who is not

1-22  required to be certified in any other occupation set forth in section

1-23  3 of this act.

1-24      Sec. 7.  1.  The Division shall adopt regulations establishing

1-25  standards and procedures for the certification of each occupation.

1-26  The regulations must include, without limitation:

1-27      (a) Standards for:

1-28          (1) Courses that provide initial training;

1-29          (2) Courses that provide a review of the initial training;

1-30          (3) Examinations;

1-31          (4) Qualifications;

1-32          (5) Certification;

1-33          (6) Renewal of certification; and

1-34          (7) Revocation of certification.

2-1  (b) A schedule of fees designed to recover revenue to defray

2-2  the costs of carrying out the provisions of sections 2 to 16,

2-3  inclusive, of this act. The Division may collect fees for

2-4  applications, the issuance and renewal of licenses, examinations,

2-5  the review and approval of training courses, job notifications and

2-6  inspections, record keeping, and any other activity of the Division

2-7  related to the provisions of sections 2 to 16, inclusive, of this act.

2-8  (c) Standards for solar energy system projects.

2-9  2.  The Division may adopt regulations to include within the

2-10  definition of “occupation” any discipline deemed necessary,

2-11  including that of instructor in any activity related to a solar energy

2-12  system project.

2-13      3.  The Division may adopt such regulations as are necessary

2-14  to carry out the provisions of sections 2 to 16, inclusive, of this act.

2-15      Sec. 8.  1.  A person shall not engage in a solar energy

2-16  system project unless he holds a valid certificate issued by the

2-17  Division.

2-18      2.  The Division shall issue certificates to qualified applicants

2-19  in each occupation.

2-20      3.  The Division shall not issue a certificate as a contractor for

2-21  solar energy system projects solely on the basis of a person’s status

2-22  as a licensee pursuant to chapter 624 of NRS.

2-23      4.  Any person who engages in a solar energy system project

2-24  without a certificate issued by the Division is guilty of a

2-25  misdemeanor.

2-26      Sec. 9.  A person applying for a certificate in an occupation

2-27  must:

2-28      1.  Submit an application on a form prescribed and furnished

2-29  by the Division, accompanied by a fee prescribed by the Division;

2-30      2.  Successfully complete a course of training in activities

2-31  related to a solar energy system project approved or administered

2-32  by the Division for that occupation;

2-33      3.  Pass an examination approved or administered by the

2-34  Division for that occupation;

2-35      4.  If he is a contractor, present proof satisfactory to the

2-36  Division that he is insured to the extent determined necessary by

2-37  the Administrator for the appropriate activities related to a solar

2-38  energy system project under the requested certificate, for the

2-39  effective period of the certificate; and

2-40      5.  Meet any additional requirements established by the

2-41  Division.

2-42      Sec. 10.  1.  In addition to the requirements of sections 9 and

2-43  11 of this act, an applicant for the issuance or renewal of a

2-44  certificate in an occupation shall submit to the Division:

3-1  (a) The statement prescribed by the Welfare Division of the

3-2  Department of Human Resources pursuant to NRS 425.520. The

3-3  statement must be completed and signed by the applicant.

3-4  (b) The social security number of the applicant.

3-5  2.  The Division shall include the statement required pursuant

3-6  to subsection 1 in:

3-7  (a) The application or any other forms that must be submitted

3-8  for the issuance or renewal of a certificate; or

3-9  (b) A separate form prescribed by the Division.

3-10      3.  A certificate in an occupation may not be issued or

3-11  renewed by the Division if the applicant:

3-12      (a) Fails to submit the statement required pursuant to

3-13  subsection 1; or

3-14      (b) Indicates on the statement submitted pursuant to

3-15  subsection 1 that he is subject to a court order for the support of a

3-16  child and is not in compliance with the order or a plan approved

3-17  by the district attorney or other public agency enforcing the order

3-18  for the repayment of the amount owed pursuant to the order.

3-19      4.  If an applicant indicates on the statement submitted

3-20  pursuant to subsection 1 that he is subject to a court order for the

3-21  support of a child and is not in compliance with the order or a

3-22  plan approved by the district attorney or other public agency

3-23  enforcing the order for the repayment of the amount owed

3-24  pursuant to the order, the Division shall advise the applicant to

3-25  contact the district attorney or other public agency enforcing the

3-26  order to determine the actions that the applicant may take to

3-27  satisfy the arrearage.

3-28      Sec. 11.  1.  To renew a certificate a person must, on or

3-29  before January 1 of each year:

3-30      (a) Apply to the Division for renewal;

3-31      (b) Pay the annual fee for renewal set by the Division; and

3-32      (c) Submit evidence satisfactory to the Division of his

3-33  completion of the requirements for continuing education or

3-34  training established by the Division, if any.

3-35      2.  The Division may adopt regulations requiring continuing

3-36  education or training of a person issued a certificate in any

3-37  occupation and, as a prerequisite to the renewal or restoration of a

3-38  certificate, require each person issued a certificate to comply with

3-39  those requirements.

3-40      Sec. 12.  The Division or a person authorized by the Division

3-41  shall inspect annually at least one solar energy system project

3-42  conducted by each contractor issued a certificate. The contractor

3-43  shall, upon request of the Division or a person authorized by the

3-44  Division, allow the inspection of all property, activities and

3-45  facilities of the project and all related documents and records.

4-1  Sec. 13.  1.  If the Division receives a copy of a court order

4-2  issued pursuant to NRS 425.540 that provides for the suspension

4-3  of all professional, occupational and recreational licenses,

4-4  certificates and permits issued to a person who is the holder of a

4-5  license in an occupation, the Division shall deem the certificate

4-6  issued to that person to be suspended at the end of the 30th day

4-7  after the date on which the court order was issued unless the

4-8  Division receives a letter issued to the holder of the license by the

4-9  district attorney or other public agency pursuant to NRS 425.550

4-10  stating that the holder of the license has complied with the

4-11  subpoena or warrant or has satisfied the arrearage pursuant to

4-12  NRS 425.560.

4-13      2.  The Division shall reinstate a certificate in an occupation

4-14  that has been suspended by a district court pursuant to NRS

4-15  425.540 if the Division receives a letter issued by the district

4-16  attorney or other public agency pursuant to NRS 425.550 to the

4-17  person whose license was suspended stating that the person whose

4-18  license was suspended has complied with the subpoena or warrant

4-19  or has satisfied the arrearage pursuant to NRS 425.560.

4-20      Sec. 14.  1.  If the Division finds that a person, other than a

4-21  worker, has violated any of the provisions of sections 2 to 16,

4-22  inclusive, of this act, or the standards or regulations adopted

4-23  pursuant thereto, it may:

4-24      (a) Upon the first violation, impose upon him an

4-25  administrative fine of not more than $1,500.

4-26      (b) Upon the second and subsequent violations:

4-27          (1) Impose upon him an administrative fine of not more

4-28  than $2,500; and

4-29          (2) If he is certified pursuant to section 8 of this act, revoke

4-30  his certificate and require him to fulfill certain training or

4-31  educational requirements to have his certificate reinstated.

4-32      2.  Any penalty imposed pursuant to subsection 1 does not

4-33  relieve the person from criminal prosecution for engaging in a

4-34  solar energy system project without a certificate.

4-35      3.  If the certificate of a contractor for solar energy system

4-36  projects is revoked pursuant to subsection 1 and the owner of a

4-37  building or structure upon which the contractor is engaged in a

4-38  project employs another certified contractor to complete the

4-39  project, the original contractor may not bring an action against

4-40  the owner of the building or structure for breach of contract or

4-41  damages based on the employment of another contractor.

4-42      Sec. 15.  1.  If the Division intends to revoke a person’s

4-43  certificate, it shall first notify him by certified mail. The notice

4-44  must contain a statement of the Division’s legal authority,

4-45  jurisdiction and reasons for the proposed action.

5-1  2.  A person is entitled to a hearing to contest the suspension

5-2  or proposed revocation of his certificate. A request for such a

5-3  hearing must be made pursuant to regulations adopted by the

5-4  Division.

5-5  3.  Upon receiving a request for a hearing to contest a

5-6  suspension or proposed revocation, the Division shall hold a

5-7  hearing within 10 days after the date of the receipt of the request.

5-8  Sec. 16.  The Division may maintain in any court of

5-9  competent jurisdiction a suit for an injunction against any person

5-10  engaged in a solar energy system project in violation of the

5-11  provisions of sections 2 to 16, inclusive, of this act, or the

5-12  standards or regulations adopted pursuant thereto. An injunction:

5-13      1.  May be issued without proof of actual damage sustained by

5-14  any person, this provision being a preventive as well as a punitive

5-15  measure.

5-16      2.  Does not relieve the person from criminal liability for

5-17  engaging in a solar energy system project without a certificate.

5-18      Sec. 17.  NRS 704.7821 is hereby amended to read as follows:

5-19      704.7821  1.  For each provider of electric service, the

5-20  Commission shall establish a portfolio standard for renewable

5-21  energy. The portfolio standard must require each provider to

5-22  generate or acquire electricity from renewable energy systems in an

5-23  amount that is:

5-24      (a) For calendar years 2003 and 2004, not less than 5 percent of

5-25  the total amount of electricity sold by the provider to its retail

5-26  customers in this state during that calendar year.

5-27      (b) For calendar years 2005 and 2006, not less than 7 percent of

5-28  the total amount of electricity sold by the provider to its retail

5-29  customers in this state during that calendar year.

5-30      (c) For calendar years 2007 and 2008, not less than 9 percent of

5-31  the total amount of electricity sold by the provider to its retail

5-32  customers in this state during that calendar year.

5-33      (d) For calendar years 2009 and 2010, not less than 11 percent

5-34  of the total amount of electricity sold by the provider to its retail

5-35  customers in this state during that calendar year.

5-36      (e) For calendar years 2011 and 2012, not less than 13 percent

5-37  of the total amount of electricity sold by the provider to its retail

5-38  customers in this state during that calendar year.

5-39      (f) For calendar year 2013 and for each calendar year thereafter,

5-40  not less than 15 percent of the total amount of electricity sold by the

5-41  provider to its retail customers in this state during that calendar year.

5-42      2.  In addition to the requirements set forth in subsection 1, the

5-43  portfolio standard for each provider must require that:

5-44      (a) Of the total amount of electricity that the provider is required

5-45  to generate or acquire from renewable energy systems during each

6-1  calendar year, not less than 5 percent of that amount must be

6-2  generated or acquired from solar renewable energy systems.

6-3  (b) If the provider acquires electricity from a renewable energy

6-4  system pursuant to a renewable energy contract with another party:

6-5       (1) The term of the renewable energy contract must be not

6-6  less than 10 years, unless the other party agrees to a renewable

6-7  energy contract with a shorter term; and

6-8       (2) The terms and conditions of the renewable energy

6-9  contract must be just and reasonable, as determined by the

6-10  Commission. If the provider is a public utility and the Commission

6-11  approves the terms and conditions of the renewable energy contract

6-12  between the provider and the other party, the renewable energy

6-13  contract and its terms and conditions shall be deemed to be a

6-14  prudent investment and the provider may recover all just and

6-15  reasonable costs associated with the renewable energy contract.

6-16      3.  If, for the benefit of one or more of its retail customers in

6-17  this state, the provider has subsidized, in whole or in part, the

6-18  acquisition or installation of a solar thermal energy system which

6-19  qualifies as a renewable energy system and which reduces the

6-20  consumption of electricity, the total reduction in the consumption of

6-21  electricity during each calendar year that results from the solar

6-22  thermal energy system shall be deemed to be electricity that the

6-23  provider generated or acquired from a renewable energy system for

6-24  the purposes of complying with its portfolio standard.

6-25      4.  The Commission [may] shall adopt regulations that establish

6-26  a system of renewable energy credits that may be used by a provider

6-27  to comply with its portfolio standard.

6-28      5.  Except as otherwise provided in subsection 6, each provider

6-29  shall comply with its portfolio standard during each calendar year.

6-30      6.  If, for any calendar year, a provider is unable to comply with

6-31  its portfolio standard through the generation of electricity from its

6-32  own renewable energy systems or, if applicable, through the use of

6-33  renewable energy credits, the provider shall take actions to acquire

6-34  electricity pursuant to one or more renewable energy contracts. If

6-35  the Commission determines that, for a calendar year, there is not or

6-36  will not be a sufficient supply of electricity made available to the

6-37  provider pursuant to renewable energy contracts with just and

6-38  reasonable terms and conditions, the Commission shall exempt the

6-39  provider, for that calendar year, from the remaining requirements of

6-40  its portfolio standard or from any appropriate portion thereof, as

6-41  determined by the Commission.

6-42      7.  The Commission shall adopt regulations for the

6-43  determination of just and reasonable terms and conditions for the

6-44  renewable energy contracts that a provider of electric service must

6-45  enter into to comply with its portfolio standard.

7-1  8.  As used in this section:

7-2  (a) “Renewable energy contract” means a contract to acquire

7-3  electricity from one or more renewable energy systems owned,

7-4  operated or controlled by other parties.

7-5  (b) “Terms and conditions” includes, without limitation, the

7-6  price that a provider of electric service must pay to acquire

7-7  electricity pursuant to a renewable energy contract.

7-8  Sec. 18.  As used in sections 18 to 38, inclusive, of this act,

7-9  unless the context otherwise requires, the words and terms defined

7-10  in sections 19 to 27, inclusive, of this act have the meaning ascribed

7-11  to them in those sections.

7-12      Sec. 19.  “Applicant” means a person who is applying to

7-13  participate in the Demonstration Program.

7-14      Sec. 20.  “Category” means one of the categories of

7-15  participants in the Demonstration Program as set forth in section 30

7-16  of this act.

7-17      Sec. 21.  “Committee” means the Committee for the Solar

7-18  Energy Systems Demonstration Program created by section 28 of

7-19  this act.

7-20      Sec. 22.  “Demonstration Program” means the Solar Energy

7-21  Systems Demonstration Program created by section 30 of this act.

7-22      Sec. 23.  “Participant” means a person who has been approved

7-23  by the Public Utilities Commission of Nevada, pursuant to section

7-24  34 of this act, to participate in the Demonstration Program.

7-25      Sec. 24.  “Person” includes a governmental entity.

7-26      Sec. 25.  “Program year” means the period of July 1 to June 30

7-27  of the following year.

7-28      Sec. 26.  “Solar energy system” has the meaning ascribed to it

7-29  in section 4 of this act.

7-30      Sec. 27.  “Utility” means a public utility that supplies

7-31  electricity in this state.

7-32      Sec. 28.  1.  The Committee for the Solar Energy Systems

7-33  Demonstration Project is hereby created. The Committee consists of

7-34  seven members who are appointed as follows:

7-35      (a) Two members appointed by the Majority Leader of the

7-36  Senate, one of whom represents the interests of the environment in

7-37  this state and the other who represents the interests of economic

7-38  development in this state.

7-39      (b) Two members appointed by the Speaker of the Assembly,

7-40  one of whom represents the interests of labor in this state, and the

7-41  other who represents the interests of education in this state.

7-42      (c) Three members appointed by the Governor.

7-43      2.  A member of the Committee:

7-44      (a) Must be a resident of this state.

8-1  (b) Must have training, education, experience or knowledge

8-2  concerning matters within the scope of duties of the Committee.

8-3  (c) Must not be an officer or employee of the Legislative or

8-4  Judicial Branch of State Government.

8-5  3.  The term of each member of the Committee is 4 years. A

8-6  vacancy on the Committee must be filled for the remainder of the

8-7  unexpired term in the same manner as the original appointment.

8-8  4.  Any member of the Committee who is an officer or

8-9  employee of this state or a political subdivision of this state must be

8-10  relieved from his duties without loss of his regular compensation so

8-11  that he may prepare for and attend meetings of the Committee and

8-12  perform any work that is necessary to carry out the duties of the

8-13  Committee in the most timely manner practicable. A state agency or

8-14  political subdivision of this state shall not require an officer or

8-15  employee who is a member of the Committee to:

8-16      (a) Make up the time he is absent from work to carry out his

8-17  duties as a member of the Committee; or

8-18      (b) Take annual leave or compensatory time for the absence.

8-19      Sec. 29.  1.  The members of the Committee shall select a

8-20  Chairman and Vice Chairman from among their membership. The

8-21  Vice Chairman shall perform the duties of the Chairman during any

8-22  absence of the Chairman.

8-23      2.  The Chairman and Vice Chairman serve in those positions

8-24  for terms of 1 year. If a vacancy occurs in the chairmanship or vice

8-25  chairmanship, the vacancy must be filled for the remainder of the

8-26  unexpired term in the same manner as the original selection.

8-27      3.  A majority of the members of the Committee constitutes a

8-28  quorum. A majority of the members present during a quorum may

8-29  exercise all the power and authority conferred on the Committee.

8-30      4.  The Committee shall meet at least quarterly or more

8-31  frequently at the discretion of the Chairman.

8-32      5.  A member of the Committee shall serve without salary, but

8-33  is entitled to receive the per diem allowance and travel expenses

8-34  provided for state officers and employees generally for each day or

8-35  portion of a day during which he attends a meeting of the

8-36  Committee or is otherwise engaged in the business of the

8-37  Committee.

8-38      6.  The Public Utilities Commission of Nevada shall provide the

8-39  Committee with administrative and clerical support and with such

8-40  other assistance as may be necessary for the Committee to carry out

8-41  its duties. Such support and assistance must include, without

8-42  limitation, making arrangements for facilities, equipment and other

8-43  services in preparation for and during meetings.

8-44      Sec. 30.  1.  The Solar Energy Systems Demonstration

8-45  Program is hereby created.

9-1  2.  The Demonstration Program shall have three categories of

9-2  participants as follows:

9-3  (a) Schools;

9-4  (b) Other public buildings; and

9-5  (c) Private residences and small businesses.

9-6  3.  A person is eligible to participate in the Demonstration

9-7  Program if the person:

9-8  (a) Uses solar energy system installers certified by the Division

9-9  of Industrial Relations of the Department of Business and Industry

9-10  pursuant to section 8 of this act to install and maintain the solar

9-11  energy system; and

9-12      (b) For a participant in the category of schools or a participant in

9-13  the category of public buildings, provides for the public display of

9-14  the solar energy system, including, without limitation, providing for

9-15  public demonstrations of the solar energy system and for hands-on

9-16  experience of the solar energy system by the public.

9-17      4.  In addition to the requirements of subsection 3, to be eligible

9-18  to participate in the Demonstration Program, a person must be

9-19  approved by the Public Utilities Commission of Nevada.

9-20      5.  The Public Utilities Commission of Nevada shall adopt

9-21  regulations providing for the qualifications an applicant must meet

9-22  to qualify to participate in the Demonstration Program in the

9-23  particular category of:

9-24      (a) Schools;

9-25      (b) Other public buildings; or

9-26      (c) Private residences or small businesses.

9-27      Sec. 31.  1.  On or before November 1, 2003, the Committee

9-28  shall:

9-29      (a) Develop an application for the Demonstration Program; and

9-30      (b) Advertise for the submission of applications for the

9-31  Demonstration Program for the program year beginning July 1,

9-32  2004.

9-33      2.  On or before November 1, 2004, and on or before

9-34  November 1 of each subsequent year, the Committee shall advertise

9-35  for the submission of applications for the Demonstration Program

9-36  for the following program year.

9-37      3.  The advertisements of the Committee for application for the

9-38  Demonstration Program must include, without limitation:

9-39      (a) A description of the requirements for participation in the

9-40  Demonstration Program;

9-41      (b) A description of the incentives available to participants in

9-42  the Demonstration Program; and

9-43      (c) A description of the application process to participate in the

9-44  Demonstration Program.

10-1      Sec. 32.  1.  On or before February 1, 2004, and on or before

10-2  February 1 of each subsequent year, an applicant desiring to

10-3  participate in the Demonstration Program for the following program

10-4  year must apply to the Committee, on an application form

10-5  prescribed by the Committee.

10-6      2.  The applicant shall include in the application to the

10-7  Committee:

10-8      (a) A designation of the category of the applicant.

10-9      (b) The kilowatt-hour capacity of the proposed solar energy

10-10  system.

10-11     (c) For an applicant in the category of schools or an applicant in

10-12  the category of other public buildings, a description of the plan to

10-13  provide for the public display of the solar energy system.

10-14     (d) An affidavit that the applicant will use solar installers

10-15  certified by the Division of Industrial Relations of the Department

10-16  of Business and Industry pursuant to the provisions of section 8 of

10-17  this act to install and maintain the solar energy project.

10-18     (e) Any other information required by the Committee.

10-19     Sec. 33.  1.  On or before March 1, 2004, the Committee

10-20  shall:

10-21     (a) Review the applications submitted for participation in the

10-22  Demonstration Program for the program year beginning July 1,

10-23  2004, to ensure that the requirements of subsection 3 of section 30

10-24  of this act are met; and

10-25     (b) Nominate qualified applicants for participation in the

10-26  Demonstration Program for the program year beginning July 1,

10-27  2004.

10-28     2.  On or before February 1, 2005, and on or before February 1

10-29  of each subsequent year, the Committee shall:

10-30     (a) Review the applications submitted for participation in the

10-31  Demonstration Program for the following program year to ensure

10-32  that the requirements of subsection 3 of section 30 of this act are

10-33  met; and

10-34     (b) Nominate qualified applicants for participation in the

10-35  Demonstration Program for the following program year.

10-36     3.  If the Committee nominates an applicant for participation in

10-37  the Demonstration Program, the Committee shall forward the

10-38  application to the Public Utilities Commission of Nevada within 15

10-39  days after making the decision to nominate the applicant.

10-40     Sec. 34.  1.  On or before May 1 of each year, the Public

10-41  Utilities Commission of Nevada shall:

10-42     (a) Review each application nominated by the Committee to

10-43  ensure that the application meets the requirements of subsection 3 of

10-44  section 30 of this act; and

11-1      (b) From those nominees, select participants for the

11-2  Demonstration Program for the following program year.

11-3      2.  The Public Utilities Commission of Nevada may approve,

11-4  from among the applications nominated by the Committee, solar

11-5  energy systems totaling:

11-6      (a) For the program year beginning July 1, 2004:

11-7          (1) 100 kilowatt-hours of capacity for schools;

11-8          (2) 200 kilowatt-hours of capacity for other public buildings;

11-9  and

11-10         (3) 200 kilowatt-hours of capacity for private residences and

11-11  small businesses.

11-12     (b) For the program year beginning July 1, 2005:

11-13         (1) An additional 450 kilowatt-hours of capacity for schools;

11-14         (2) An additional 450 kilowatt-hours of capacity for other

11-15  public buildings and

11-16         (3) An additional 600 kilowatt-hours of capacity for private

11-17  residences and small businesses.

11-18     (c) For the program year beginning July 1, 2006:

11-19         (1) An additional 900 kilowatt-hours of capacity for schools;

11-20         (2) An additional 900 kilowatt-hours of capacity for other

11-21  public buildings; and

11-22         (3) An additional 1200 kilowatt-hours of capacity for private

11-23  residences and small businesses.

11-24     3.  The Public Utilities Commission of Nevada shall notify each

11-25  nominee of its selections no later than 10 days after the decision is

11-26  made.

11-27     Sec. 35.  1.  After the participant installs the solar energy

11-28  system included in the Demonstration Project, the Public Utilities

11-29  Commission of Nevada shall issue to the participant the following

11-30  renewable energy credits for use within the system of renewable

11-31  energy credits adopted by the Commission pursuant to

11-32  NRS 704.7821:

11-33     (a) For a participant in the category of schools or a participant in

11-34  the category of other public buildings, the participant is entitled to

11-35  renewable energy credits equal to the twice the kilowatt-hour

11-36  capacity of the solar energy system of the participant.

11-37     (b) For a participant in the category for private residences and

11-38  small businesses, the participant is entitled to renewable energy

11-39  credits equal to the kilowatt-hour capacity of the solar energy

11-40  system of the participant.

11-41     2.  The Commission shall designate the renewable energy

11-42  credits issued to the participant pursuant to subsection 1 as

11-43  renewable energy credits generated or acquired from

11-44  solar renewable energy systems. The participant may transfer the

11-45  renewable energy credits to a utility if the participant complies with

12-1  the regulations adopted by the Commission to complete such a

12-2  transfer.

12-3      3.  The Commission shall adopt regulations to provide for the

12-4  requirements and the procedures that a participant must follow to

12-5  transfer renewable energy credits from the participant to a utility.

12-6      Sec. 36.  1.  A participant in the Demonstration Project is

12-7  entitled to participate in net metering pursuant to the provisions of

12-8  NRS 704.766 to 704.775, inclusive.

12-9      2.  If the utility which provides service to the participant offers

12-10  an optional pricing plan that allows the utility to charge a customer

12-11  varying rates per kilowatt-hour of electricity depending on the time

12-12  of day that the customer uses the electricity, the participant is also

12-13  entitled to participate in net metering under that optional pricing

12-14  plan.

12-15     Sec. 37.  If the Public Utilities Commission of Nevada

12-16  determines that a participant did not comply with the requirements

12-17  for participation in the Demonstration Program, including, but not

12-18  limited to, using solar energy system installers who are not certified

12-19  by the Division of Industrial Relations of the Department of

12-20  Business and Industry for the installation or maintenance of the

12-21  solar energy system included in the Demonstration Program, the

12-22  Public Utilities Commission of Nevada shall, after notice and an

12-23  opportunity for a hearing, withdraw the participant from the

12-24  Demonstration Program.

12-25     Sec. 38.  As soon as practicable after July 1, 2003, the

12-26  appointing authorities shall make the appointments to the

12-27  Committee required by section 28 of this act.

12-28     Sec. 39.  This act becomes effective on July 1, 2003.

12-29     Sec. 40.  1.  The provisions of sections 18 to 38, inclusive, of

12-30  this act expire by limitation on June 30, 2007.

12-31     2.  The provisions of sections 10 and 13 of this act expire by

12-32  limitation on the date on which the provisions of 42 U.S.C. § 666

12-33  requiring each state to establish procedures under which the state

12-34  has authority to withhold or suspend, or to restrict the use of

12-35  professional, occupational and recreational licenses of persons who:

12-36     (a) Have failed to comply with a subpoena or warrant relating to

12-37  a proceeding to determine the paternity of a child or to establish or

12-38  enforce an obligation for the support of a child; or

12-39     (b) Are in arrears in the payment for the support of one or more

12-40  children,

12-41  are repealed by the Congress of the United States.

 

12-42  H