ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering sec. 6 as sec. 7 and adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. Chapter 704 is hereby amended by adding thereto a new section to read as follows:
For the purpose of complying with a portfolio standard established pursuant to NRS 704.7821, a provider shall be deemed to have generated or acquired 2.4 kilowatt-hours of electricity from a renewable energy system for each 1.0 kilowatt-hour of actual electricity generated or acquired from a solar photovoltaic system.”.
Amend sec. 6, page 4, by deleting lines 15 and 16, and inserting:
“2. Has a generating capacity of not more than [10] 30 kilowatts;”.
Amend the bill as a whole by deleting sec. 7, renumbering sec. 8 as sec. 9 and adding a new section designated sec. 8, following sec. 6, to read as follows:
“Sec. 8. NRS 704.7801 is hereby amended to read as follows:
704.7801 As used in NRS 704.7801 to 704.7828, inclusive, and section 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7805 to 704.7818, inclusive, have the meanings ascribed to them in those sections.”.
Amend sec. 8, page 5, between lines 9 and 10, by inserting:
“3. As used in this section, “waterpower” means power derived from standing, running or falling water which is used for any plant, facility, equipment or system to generate electricity if the generating capacity of the plant, facility, equipment or system is not more than 30 megawatts. Except as otherwise provided in this subsection, the term includes, without limitation, power derived from water that has been pumped from a lower to a higher elevation if the generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts. The term does not include power:
(a) Derived from water stored in a reservoir by a dam or similar device, unless:
(1) The water is used exclusively for irrigation;
(2) The dam or similar device was in existence on January 1, 2003; and
(3) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts;
(b) That requires a new or increased appropriation or diversion of water for its creation; or
(c) That requires the use of any fossil fuel for its creation, unless:
(1) The primary purpose of the use of the fossil fuel is not the creation of the power; and
(2) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts.”.
Amend the bill as a whole by deleting sec. 9, renumbering sections 10 and 11 as sections 12 and 13 and adding new sections designated sections 10 and 11, following sec. 8, to read as follows:
“Sec. 10. NRS 704.7815 is hereby amended to read as follows:
704.7815 “Renewable energy system” means:
1. A facility or energy system that:
(a) Uses renewable energy to generate electricity; and
(b) Transmits or distributes the electricity that it generates from renewable energy via:
(1) A power line which is dedicated to the transmission or distribution of electricity generated from renewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service; or
(2) A power line which is shared with not more than one facility or energy system generating electricity from nonrenewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service.
2. Asolar [thermal] energy system that reduces the consumption of [electricity.] electricity, natural gas or propane.
3. A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive.
Sec. 11. NRS 704.7821 is hereby amended to read as follows:
704.7821 1. For each provider of electric service, the Commission shall establish a portfolio standard for renewable energy. The portfolio standard must require each provider to generate or acquire electricity from renewable energy systems in an amount that is:
(a) For calendar years 2003 and 2004, not less than 5 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(b) For calendar years 2005 and 2006, not less than 7 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(c) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(d) For calendar years 2009 and 2010, not less than 11 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(e) For calendar years 2011 and 2012, not less than 13 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(f) For calendar year 2013 and for each calendar year thereafter, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
2. In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:
(a) Of the total amount of electricity that the provider is required to generate or acquire from renewable energy systems during each calendar year, not less than 5 percent of that amount must be generated or acquired from solar renewable energy systems.
(b) If the provider acquires electricity from a renewable energy system pursuant to a renewable energy contract with another party:
(1) The term of the renewable energy contract must be not less than 10 years, unless the other party agrees to a renewable energy contract with a shorter term; and
(2) The terms and conditions of the renewable energy contract must be just and reasonable, as determined by the Commission. If the provider is a public utility and the Commission approves the terms and conditions of the renewable energy contract between the provider and the other party, the renewable energy contract and its terms and conditions shall be deemed to be a prudent investment and the provider may recover all just and reasonable costs associated with the renewable energy contract.
3. If, for the benefit of one or more of its retail customers in this state, the provider has subsidized, in whole or in part, the acquisition or installation of a solar [thermal] energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar [thermal] energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.
4. The Commission may adopt regulations that establish a system of renewable energy credits that may be used by a provider to comply with its portfolio standard.
5. Except as otherwise provided in subsection 6, each provider shall comply with its portfolio standard during each calendar year.
6. If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of renewable energy credits, the provider shall take actions to acquire electricity pursuant to one or more renewable energy contracts. If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity made available to the provider pursuant to renewable energy contracts with just and reasonable terms and conditions, the Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission.
7. The Commission shall adopt regulations for the determination of just and reasonable terms and conditions for the renewable energy contracts that a provider of electric service must enter into to comply with its portfolio standard.
8. As used in this section:
(a) “Renewable energy contract” means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.
(b) “Terms and conditions” includes, without limitation, the price that a provider of electric service must pay to acquire electricity pursuant to a renewable energy contract.”.