NRS: CHAPTER 701 - ENERGY POLICY

[Rev. 6/29/2024 5:15:42 PM--2023]

TITLE 58 - ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES

CHAPTER 701 - ENERGY POLICY

GENERAL PROVISIONS

NRS 701.010 Legislative findings; state policy.

NRS 701.020 Definitions.

NRS 701.030 “Biomass” defined.

NRS 701.040 “Consumer’s Advocate” defined.

NRS 701.050 “Director” defined.

NRS 701.055 “Energy development project” defined.

NRS 701.060 “Fuel cell” defined.

NRS 701.065 “Net metering system” defined.

NRS 701.070 “Renewable energy” defined.

NRS 701.080 “Renewable energy generation project” defined.

GENERAL ADMINISTRATION OF ENERGY POLICY

Organization of Office of Energy

NRS 701.150 Creation; appointment of Director; employment of personnel by Director; classification of Director and personnel; conflict of interest prohibited.

General Powers and Duties

NRS 701.160 Submission of reports; contents.

NRS 701.170 Administration of gifts and grants; execution of research contracts and cooperative agreements; regulations; creation of nonprofit corporations; execution of other agreements.

NRS 701.180 General duties concerning energy resources and energy conservation. [Effective through December 31, 2025.]

NRS 701.180 General duties concerning energy resources and energy conservation. [Effective January 1, 2026.]

NRS 701.190 Preparation of comprehensive state energy plan.

NRS 701.200 Recommendation of standards for energy conservation and for carrying out comprehensive state energy plan.

NRS 701.210 Preparation of petroleum allocation and rationing plans; administration of federal programs involving fuel allocation.

NRS 701.218 Program to track use of energy in buildings owned by State or occupied by state agency; reimbursement by state agencies of certain costs incurred by Office of Energy in carrying out program.

NRS 701.220 Adoption of regulations for energy conservation in buildings; exemptions; applicability and enforcement; certain design professionals not subject to disciplinary action under certain circumstances; procedures for adoption.

NRS 701.230 Prohibition against inclusion in buildings of system using electric resistance for heating spaces; applicability; exceptions; enforcement by local governments.

NRS 701.240 Program to distribute money to acquire, install or improve net metering systems; regulations.

NRS 701.260 Prohibition against selling certain general service lamps; regulations establishing energy efficiency standards for general service lamps.

NRS 701.370 Trust Account for Renewable Energy and Energy Conservation: Creation; administration; interest and income; claims; nonreversion; restrictions on expenditures.

NRS 701.380 Coordination of activities and programs; expenditure of money from Trust Account for Renewable Energy and Energy Conservation; other duties.

NRS 701.390 Dissemination of information; development of resources and projects; promotion of research and studies; cooperation and coordination with other officers and agencies.

NRS 701.400 Participation in federal programs; assistance to developers of renewable energy systems.

RENEWABLE ENERGY BILL OF RIGHTS

NRS 701.525 Short title.

NRS 701.540 Legislative declarations; rights of natural persons relating to renewable energy and energy storage.

ACCOUNTS RELATED TO FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

NRS 701.545 Definitions.

NRS 701.550 “American Recovery and Reinvestment Act” defined.

NRS 701.555 “Construction” defined.

NRS 701.557 “Energy conservation project” defined.

NRS 701.558 “Energy efficiency project” defined.

NRS 701.560 “Federal grant” defined.

NRS 701.568 “Qualified applicant” defined.

NRS 701.570 “Renewable energy system” defined.

NRS 701.575 Creation and administration of Account for Renewable Energy, Energy Efficiency and Energy Conservation and Account for Set-Aside Programs; payment of claims; faith of State pledged.

NRS 701.580 Interest and income; deposits; acceptance of gifts, grants and bequests; use of money to benefit renewable energy systems limited.

NRS 701.585 Powers and duties of Director; limitations.

NRS 701.590 Limitations on use of money; compliance with federal law.

NRS 701.595 Regulations.

ENERGY DEVELOPMENT PROJECTS

NRS 701.600 Applicability.

NRS 701.610 Notice of energy development project: Filing with Department of Wildlife; form; contents; regulations.

NRS 701.620 Compilation of information; preparation and publication of certain reports.

NRS 701.630 Energy Planning and Conservation Account: Creation; gifts, donations and grants; interest and income; claims; nonreversion; administration by Director of Department of Wildlife; regulations.

NRS 701.640 Account for the Recovery of Costs: Creation; deposits; interest and income; claims; gifts, donations and grants; nonreversion; administration by Director of Department of Wildlife; uses.

CERTAIN RENEWABLE ENERGY PROJECTS ON INDIAN TRIBAL LANDS

NRS 701.680 Waiver of tribal sovereign immunity allows state courts to exercise jurisdiction over actions and claims relating to certain renewable energy projects on Indian tribal lands.

ENERGY EFFICIENCY STANDARDS FOR APPLIANCES

NRS 701.700 Definitions.

NRS 701.702 “Air purifier” defined.

NRS 701.704 “Cold only water cooler” defined.

NRS 701.706 “Cold-temperature fluorescent lamp” defined.

NRS 701.708 “Commercial dishwasher” defined.

NRS 701.710 “Commercial fryer” defined.

NRS 701.712 “Commercial hot-food holding cabinet” defined.

NRS 701.714 “Commercial oven” defined.

NRS 701.716 “Commercial steam cooker” defined.

NRS 701.718 “Compensation” defined.

NRS 701.720 “Computer” defined.

NRS 701.722 “Computer monitor” defined.

NRS 701.724 “Cook and cold water cooler” defined.

NRS 701.726 “Decorative gas fireplace” defined.

NRS 701.728 “Distributor” defined.

NRS 701.730 “Electric vehicle supply equipment” defined.

NRS 701.732 “Flexible demand” defined.

NRS 701.734 “Gas fireplace” defined.

NRS 701.736 “Heating gas fireplace” defined.

NRS 701.738 “High color rendering index fluorescent lamp” defined.

NRS 701.740 “Hot and cold water cooler” defined.

NRS 701.742 “Impact-resistant fluorescent lamp” defined.

NRS 701.744 “Industrial air purifier” defined.

NRS 701.746 “Installer” defined.

NRS 701.748 “Manufacturer” defined.

NRS 701.750 “New” defined.

NRS 701.752 “On-demand” defined.

NRS 701.754 “Portable electric spa” defined.

NRS 701.756 “Regulated appliance” defined.

NRS 701.758 “Residential ventilating fan” defined.

NRS 701.760 “Retailer” defined.

NRS 701.762 “Storage-type” defined.

NRS 701.764 “Water cooler” defined.

NRS 701.766 Inapplicability of provisions to certain appliances.

NRS 701.768 Establishment and amendment of minimum standards for regulated appliances and methods for verifying compliance; effective date; prohibition on sale, lease, rental or installation for compensation of new noncompliant appliances; regulations.

NRS 701.770 Establishment of minimum standards for new appliances other than regulated appliances and methods for verifying compliance; effective date; prohibition on sale, lease, rental or installation for compensation of new noncompliant appliances; regulations.

NRS 701.772 Establishment of procedure to delay implementation of minimum standard upon consumer application; criteria for granting such a delay; regulations.

NRS 701.774 Manufacturer required to submit certification of compliance with minimum standard for new appliance; mark, label or tag identifying certified appliance required on product and packaging; regulations.

NRS 701.776 Standards to facilitate deployment of flexible demand technologies; effective date; considerations, consultations and priorities; regulations.

NRS 701.778 Regulations: Authority to adopt; requirements for design.

NRS 701.780 Enforcement: Investigation of complaints; report of alleged violation to Attorney General; civil action for injunctive relief; civil penalty; city or county not required to enforce.

_________

GENERAL PROVISIONS

NRS 701.010 Legislative findings; state policy.

1. The Legislature finds that:

(a) Energy is essential to the economy of the State and to the health, safety and welfare of the people of the State.

(b) The State has a responsibility to encourage the maintenance of a reliable and economical supply of energy at a level which is consistent with the protection of environmental quality.

(c) The State has a responsibility to encourage the utilization of a wide range of measures which reduce wasteful uses of energy resources.

(d) The State and the public have an interest in encouraging public utilities to promote and take actions toward energy conservation.

(e) Planning for energy conservation and future energy requirements should include consideration of state, regional and local plans for land use, urban expansion, transportation systems, environmental protection and economic development.

(f) Government and private enterprise need to accelerate research and development of sources of renewable energy and to improve technology related to the research and development of existing sources of energy.

(g) While government and private enterprise are seeking to accelerate research and development of sources of renewable energy, they must also prepare for and respond to the advent of competition within the electrical energy industry and are, therefore, encouraged to maximize the use of indigenous energy resources to the extent competitively and economically feasible.

(h) Prevention of delays and interruptions in providing energy, protecting environmental values and conserving energy require expanded authority and capability within State Government.

2. It is the policy of this State to encourage participation with all levels of government and private enterprise in cooperative state, regional and national programs to assure adequate supplies of energy resources and markets for such energy resources.

3. It is the policy of this State to assign the responsibility for managing and conserving energy and its sources to agencies whose other programs are similar, to avoid duplication of effort in developing policies and programs for energy.

(Added to NRS by 1977, 1163; A 1983, 2092; 1995, 311; 2001, 3263; 2007, 2973)

NRS 701.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 701.030 to 701.080, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1977, 1163; A 1983, 2092; 1993, 1698; 2001, 3263; 2003, 1873; 2009, 1370; 2011, 2056, 2550)

NRS 701.030 “Biomass” defined. “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

1. Agricultural crops and agricultural wastes and residues;

2. Wood and wood wastes and residues;

3. Animal wastes;

4. Municipal wastes; and

5. Aquatic plants.

(Added to NRS by 2001, 3259)

NRS 701.040 “Consumer’s Advocate” defined. “Consumer’s Advocate” means the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General.

(Added to NRS by 2001, 3259)

NRS 701.050 “Director” defined. “Director” means the Director of the Office of Energy appointed pursuant to NRS 701.150.

(Added to NRS by 2001, 3259)

NRS 701.055 “Energy development project” defined. “Energy development project” means a project for the generation, transmission and development of energy located on public or private land. The term includes, without limitation:

1. A utility facility, as defined in NRS 704.860, constructed on private land; and

2. Electric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS 704.7715, as their primary source of energy to generate electricity.

(Added to NRS by 2011, 2547; A 2019, 8)

NRS 701.060 “Fuel cell” defined. “Fuel cell” means a device or contrivance that, through the chemical process of combining ions of hydrogen and oxygen, produces electricity and water.

(Added to NRS by 2001, 3259)

NRS 701.065 “Net metering system” defined. “Net metering system” has the meaning ascribed to it in NRS 704.771.

(Added to NRS by 2003, 1872)

NRS 701.070 “Renewable energy” defined.

1. “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(a) Biomass;

(b) Fuel cells;

(d) Solar energy;

(e) Waterpower; and

(f) Wind.

2. The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(Added to NRS by 2001, 3259)

NRS 701.080 “Renewable energy generation project” defined.

1. “Renewable energy generation project” means a project involving an electric generating facility or system that uses renewable energy as its primary source of energy to generate electricity.

2. The term does not include a project involving an electric generating facility or system that uses nuclear energy, in whole or in part, to generate electricity.

(Added to NRS by 2001, 3259)

GENERAL ADMINISTRATION OF ENERGY POLICY

Organization of Office of Energy

NRS 701.150 Creation; appointment of Director; employment of personnel by Director; classification of Director and personnel; conflict of interest prohibited.

1. The Office of Energy is hereby created within the Office of the Governor.

2. The Governor shall appoint the Director. The Director:

(a) Is in the unclassified service of the State; and

(b) Serves at the pleasure of the Governor.

3. The Director may, within the limits of available money, employ:

(a) Such persons in the unclassified service of the State as the Director determines to be necessary to carry out the duties of the Office of Energy pursuant to this chapter; and

(b) Such additional personnel as may be required to carry out the duties of the Office of Energy pursuant to this chapter, who must be in the classified service of the State.

4. A person employed by the Director pursuant to this section must be qualified by training and experience to perform the duties for which the Director employs the person.

5. The Director and the persons employed by the Director shall not have any conflict of interest relating to the performance of their duties pursuant to this chapter.

6. The provisions of NRS 223.085 do not apply to the Director or to any person employed by the Director pursuant to this section.

(Added to NRS by 2001, 3262)

General Powers and Duties

NRS 701.160 Submission of reports; contents.

1. The Director shall prepare a report concerning the status of energy in the State of Nevada and submit it to:

(a) The Governor on or before January 30 of each year; and

(b) The Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature on or before January 30 of each odd-numbered year.

2. The report submitted pursuant to subsection 1 must include, without limitation:

(a) A description of the objectives of each activity and program of the Office of Energy;

(b) An analysis of the effectiveness and efficiency of each activity and program of the Office of Energy in meeting the objectives of the activity or program;

(c) The amount of money distributed for each activity and program of the Office of Energy from the Trust Account for Renewable Energy and Energy Conservation created by NRS 701.370 and a detailed description of the use of that money for each activity and program;

(d) An analysis of the coordination between the Office of Energy and other officers and agencies; and

(e) Any changes planned for each activity and program of the Office of Energy.

(Added to NRS by 1975, 670; A 1977, 1166; 2009, 1370; 2011, 2056; 2019, 1013)

NRS 701.170 Administration of gifts and grants; execution of research contracts and cooperative agreements; regulations; creation of nonprofit corporations; execution of other agreements. The Director may:

1. Administer any gifts or grants which the Office of Energy is authorized to accept for the purposes of this chapter.

2. To the extent not inconsistent with the terms or conditions of a gift, grant or appropriation, expend money received from those gifts or grants or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.

3. Enter into any cooperative agreement with any federal or state agency or political subdivision.

4. Adopt any regulations that the Director determines are necessary to carry out the duties of the Office of Energy pursuant to this chapter.

5. Within the limits of legislative appropriations and other money authorized for expenditure for such purposes, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which the Director determines is necessary or convenient for the exercise of the powers and duties of the Office of Energy. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the Office of Energy.

6. Within the limits of legislative appropriations and other money authorized for expenditure for such purposes, negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the Director or the Office of Energy.

(Added to NRS by 1977, 1165; A 1979, 624, 1560; 1983, 2093; 1993, 1699; 2001, 3264; 2007, 3001; 2009, 1370)

NRS 701.180 General duties concerning energy resources and energy conservation. [Effective through December 31, 2025.] The Director shall:

1. Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources, including, without limitation:

(a) Information relating to the Solar Energy Systems Incentive Program created pursuant to NRS 701B.240 and the Wind Energy Systems Demonstration Program created pursuant to 701B.580, including, without limitation, information relating to:

(1) The development of distributed generation systems in this State pursuant to participation in the Solar Energy Systems Incentive Program;

(2) The use of carbon-based energy in residential and commercial applications due to participation in the Programs; and

(3) The average cost of generation on a kilowatt-hour basis for residential and commercial applications due to participation in the Programs; and

(b) Information relating to any money distributed pursuant to NRS 702.270.

2. Review and evaluate information which identifies trends and permits forecasting of the energy available to the State. Such forecasts must include estimates on:

(a) The level of demand for energy in the State for 5-, 10- and 20-year periods;

(b) The amount of energy available to meet each level of demand;

(d) The sources of renewable energy and other alternative sources of energy which are available and their possible effects.

3. Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the State.

4. Solicit and serve as the point of contact for grants and other money from the Federal Government, including, without limitation, any grants and other money available pursuant to any program administered by the United States Department of Energy, and other sources:

(a) To promote energy projects that enhance the economic development of the State;

(b) To promote the use of renewable energy in this State;

(c) To promote the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

(d) To develop a comprehensive program for retrofitting public buildings in this State with energy efficiency measures; and

(e) If the Director determines that it is feasible and cost-effective, to enter into contracts with researchers from the Nevada System of Higher Education for the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State developed pursuant to paragraph (d).

5. Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumer’s Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

6. If requested to make a determination pursuant to NRS 111.239 or 278.0208, make the determination within 30 days after receiving the request. If the Director needs additional information to make the determination, the Director may request the information from the person making the request for a determination. Within 15 days after receiving the additional information, the Director shall make a determination on the request.

7. Cooperate with the Department of Wildlife in carrying out the provisions of NRS 701.600 to 701.640, inclusive.

8. Upon request by a developer of an energy development project or a local government in a county in which an energy development project is proposed to be located, coordinate discussions, not otherwise required by any existing regulatory agency, with interested parties concerning any potential effect of the energy development project.

9. Carry out all other directives concerning energy that are prescribed by the Governor.

(Added to NRS by 1977, 1164; A 1983, 2093; 2001, 3264; 2009, 1371, 1596; 2011, 93, 2057, 2550, 2563; 2013, 3347, 3815)

NRS 701.180 General duties concerning energy resources and energy conservation. [Effective January 1, 2026.] The Director shall:

1. Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources, including, without limitation, information relating to any money distributed pursuant to NRS 702.270.

2. Review and evaluate information which identifies trends and permits forecasting of the energy available to the State. Such forecasts must include estimates on:

(a) The level of demand for energy in the State for 5-, 10- and 20-year periods;

(b) The amount of energy available to meet each level of demand;

(d) The sources of renewable energy and other alternative sources of energy which are available and their possible effects.

3. Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the State.

(a) To promote energy projects that enhance the economic development of the State;

(b) To promote the use of renewable energy in this State;

(c) To promote the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

(d) To develop a comprehensive program for retrofitting public buildings in this State with energy efficiency measures; and

7. Cooperate with the Department of Wildlife in carrying out the provisions of NRS 701.600 to 701.640, inclusive.

9. Carry out all other directives concerning energy that are prescribed by the Governor.

(Added to NRS by 1977, 1164; A 1983, 2093; 2001, 3264; 2009, 1371, 1372, 1596; 2011, 93, 2057, 2550, 2558, 2563; 2013, 3347, 3815, effective January 1, 2026)

NRS 701.190 Preparation of comprehensive state energy plan.

1. The Director shall prepare a comprehensive state energy plan which provides for the promotion of:

(a) Energy projects that enhance the economic development of the State;

(b) The use of renewable energy;

(c) The use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy; and

(d) A program for the safe disposal and recycling of electronic waste, electrical equipment and other waste, including, without limitation, a program for the safe disposal and recycling of compact fluorescent light bulbs.

2. The comprehensive state energy plan must include provisions for:

(a) The assessment of the potential benefits of proposed energy projects on the economic development of the State.

(b) The education of persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(c) The creation of incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(d) Grants and other money to establish programs and conduct activities which promote:

(1) Energy projects that enhance the economic development of the State;

(2) The use of renewable energy;

(3) The use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy; and

(4) The recycling of electronic waste, electrical equipment and other waste, including, without limitation, a program for the safe disposal and recycling of compact fluorescent light bulbs.

(e) The development or incorporation by reference of model and uniform building and energy codes and standards which are written in language that is easy to understand and which include performance standards for conservation of energy and efficient use of energy.

(f) The promotion of the development in this State of a curriculum for a program of renewable energy education and recycling education in kindergarten through grade 12.

(g) The promotion of the development by institutions of higher education in this State of research and educational programs relating to renewable energy.

(h) Oversight and accountability with respect to all programs and activities described in this subsection.

(i) Any other matter that the Director determines to be relevant to the issues of energy resources, energy use, energy conservation and energy efficiency.

(Added to NRS by 1977, 1164; A 1979, 1560; 2001, 3265; 2009, 1373; 2011, 2058)

NRS 701.200 Recommendation of standards for energy conservation and for carrying out comprehensive state energy plan.

1. The Director may recommend to state agencies, local governments and appropriate private persons and entities, standards for conservation of energy and its sources and for carrying out the comprehensive state energy plan.

2. In recommending such standards, the Director shall consider the usage of energy and its sources in the State and the methods available for conservation of those sources.

(Added to NRS by 1977, 1165; A 1983, 2094; 1997, 2010; 2001, 3266; 2009, 1374; 2011, 2059)

NRS 701.210 Preparation of petroleum allocation and rationing plans; administration of federal programs involving fuel allocation. The Director shall:

1. Prepare, subject to the approval of the Governor, petroleum allocation and rationing plans for possible energy contingencies. The plans shall be carried out only by executive order of the Governor.

2. Carry out and administer any federal programs which authorize state participation in fuel allocation programs.

(Added to NRS by 1977, 1165; A 2009, 1374; 2011, 2059)

1. The Office of Energy shall establish a program to track the use of energy in buildings owned by the State and in other buildings which are occupied by a state agency.

2. The program established pursuant to this section must:

(a) Record utility bills for each building for each month and preserve those records indefinitely;

(b) Allow for the comparison of utility bills for a building from month to month and year to year;

(c) Allow for the comparison of utility bills between buildings, including comparisons between similar buildings or types of buildings;

(d) Allow for adjustments to the information based upon variations in weather conditions, the length of the billing period and other changes in relevant conditions;

(e) Facilitate identification of errors in utility bills and meter readings;

(f) Allow for the projection of costs for energy for a building; and

(g) Identify energy and cost savings associated with efforts to conserve energy.

3. The Office of Energy may apply for any available grants and accept any gifts, grants or donations to assist in establishing and carrying out the program.

4. In accordance with, and out of any money received pursuant to, the American Recovery and Reinvestment Act of 2009, Public Law 111-5, the Interim Finance Committee may determine an amount of money to be used by the Office of Energy to fulfill the requirements of subsection 1.

5. To the extent that there is not sufficient money available for the support of the program, each state agency that occupies a building in which the use of energy is tracked pursuant to the program shall reimburse the Office of Energy for the agency’s proportionate share of the unfunded portion of the cost of the program. The reimbursement must be based upon the energy consumption of the respective state agencies that occupy buildings in which the use of energy is tracked.

(Added to NRS by 2011, 2988)

1. The Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes. Except as otherwise provided in subsection 5, such regulations must include the adoption of the most recent version of the International Energy Conservation Code, issued by the International Code Council, and any amendments to the Code that will not materially lessen the effective energy savings requirements of the Code and are deemed necessary to support effective compliance and enforcement of the Code, and must establish the minimum standards for:

(a) The construction of floors, walls, ceilings and roofs;

(b) The equipment and systems for heating, ventilation and air-conditioning;

(d) Insulation; and

(e) Other factors which affect the use of energy in a building.

Ê The regulations must provide for the adoption of the most recent version of the International Energy Conservation Code, and any amendments thereto, every third year.

2. The Director may exempt a building from a standard if the Director determines that application of the standard to the building would not accomplish the purpose of the regulations.

3. The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.

4. The standards adopted by the Director are the minimum standards for the conservation of energy and energy efficiency in buildings in this State. The governing body of a local government that is authorized by law to adopt and enforce a building code:

(a) Except as otherwise provided in paragraph (b), shall incorporate the standards adopted by the Director in its building code;

(b) Except as otherwise provided in subsection 5, may adopt higher or more stringent standards and must report any such higher or more stringent standards, along with supporting documents, to the Director; and

5. The Director or the governing body of a local government shall not adopt a standard which mandates a requirement for air changes per hour that is outside the following ranges:

(a) Less than 4 1/2 or more than 7 air changes per hour for an attached residence or any residence for which fire sprinklers are installed; or

(b) Less than 4 or more than 7 air changes per hour for any residence other than a residence described in paragraph (a).

6. A design professional who complies with the standards adopted by the Director or the governing body of a local government pursuant to this section is not subject to disciplinary action by the State Board of Architecture, Interior Design and Residential Design pursuant to paragraph (f) of subsection 1 of NRS 623.270 or the State Board of Professional Engineers and Land Surveyors pursuant to NRS 625.410.

7. Nothing in this section shall be deemed to prohibit the Director or the governing body of a local government from approving and implementing a program for the purpose of increasing energy efficiency in new residential construction through the use of sample inspections.

8. The Director shall solicit comments regarding the adoption of regulations pursuant to this section from:

(a) Persons in the business of constructing and selling homes;

(b) Contractors;

(d) Local building officials; and

(e) The general public,

Ê before adopting any regulations. The Director must conduct at least three hearings in different locations in the State, after giving 30 days’ notice of each hearing, before the Director may adopt any regulations pursuant to this section.

9. As used in this section, “design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623 or 625 of NRS.

(Added to NRS by 1985, 1794; A 2001, 1251, 3266; 2003, 32; 2005, 22nd Special Session, 76; 2009, 986, 1375; 2011, 2059; 2015, 2147)

NRS 701.230 Prohibition against inclusion in buildings of system using electric resistance for heating spaces; applicability; exceptions; enforcement by local governments.

1. In a county whose population is 100,000 or more, a building whose construction, or retrofit that replaces the heating source of the premises, exclusive of maintenance, began on or after October 1, 1983, must not contain a system using electric resistance for heating spaces unless:

(a) The system is merely supplementary to another means of heating;

(b) Under the particular circumstances, no other primary means of heating the spaces is possible other than electric resistance;

(c) The system is a hydronic radiant heating system or a system that uses ground-source heat pumps or water-source heat pumps; or

(d) The system using electric resistance for heating spaces uses electricity produced from renewable energy systems that exist on the owner’s property, including, without limitation, net metering systems.

2. The owner of a property who seeks to use a system using electric resistance for heating spaces must submit an application for an exception pursuant to subsection 1 to the governing body of the applicable local government before beginning construction or retrofitting of the system.

3. The governing body of the local government:

(a) Shall enforce subsection 1;

(b) Shall determine whether the property owner is eligible for an exception pursuant to subsection 1 within 30 days after receiving a complete application from the owner of the property; and

4. This section does not prohibit the use of incandescent or fluorescent lighting.

5. As used in this section, “electric resistance” means passing an electric current through a resistance, coil, wire or other obstacle which impedes electricity and causes it to produce heat.

(Added to NRS by 1983, 1575; A 1985, 2289; 1993, 1699; 2009, 987, 1376)

NRS 701.240 Program to distribute money to acquire, install or improve net metering systems; regulations.

1. The Director shall develop a program to distribute money, within the limits of legislative appropriation, in the form of grants, incentives or rebates to persons to pay or defray, in whole or in part, the costs for those persons to acquire, install or improve net metering systems, if the Director determines that the distribution of money to a person for that purpose will encourage, promote or stimulate:

(a) The development or use of sources of renewable energy in the State or the development of industries or technologies that use sources of renewable energy in the State;

(b) The conservation of energy in the State, the diversification of the types of energy used in the State or any reduction in the dependence of the State on foreign sources of energy;

(d) The enhancement of existing utility facilities or any other infrastructure in the State or the development of new utility facilities or any other infrastructure in the State; or

(e) The investment of capital or the expansion of business opportunities in the State or any growth in the economy of the State.

2. The Director may adopt any regulations that are necessary to carry out the provisions of this section.

3. The Director shall not distribute money to any person pursuant to this section unless:

(a) The person complies with any requirements that the Director adopts by regulation; and

(b) The distribution of the money is consistent with one or more of the public purposes set forth in paragraphs (a) to (e), inclusive, of subsection 1.

4. As used in this section, “person” includes, without limitation, any state or local governmental agency or entity.

(Added to NRS by 2003, 1872; A 2009, 1376; 2011, 2060)

NRS 701.260 Prohibition against selling certain general service lamps; regulations establishing energy efficiency standards for general service lamps.

1. On and after January 1, 2020, no general service lamp may be sold in this State unless it meets or exceeds the minimum standard of energy efficiency established by the Director pursuant to subsection 2 for lumens per watt of electricity consumed, when tested in accordance with the test procedures for general service lamps prescribed by 10 C.F.R. 430.23(gg).

2. The Director shall adopt regulations to carry out the provisions of this section. The regulations must, without limitation:

(a) Establish a minimum standard of energy efficiency for lumens per watt of electricity consumed that must be produced by general service lamps sold in this State on and after January 1, 2020. The minimum standard of energy efficiency established by the Director must meet or exceed 45 lumens per watt of electricity consumed.

(b) Attempt to minimize the overall cost to consumers for general service lamps, considering the needs of consumers relating to lighting, technological feasibility and anticipated product availability and performance.

3. For the purposes of this section, the Director shall define by regulation “general service lamp.” The term must not include “specialty lighting” or “lighting necessary to provide illumination for persons with special needs,” as defined by the Director by regulation.

(Added to NRS by 2007, 3001; A 2009, 1377; 2011, 2061; 2019, 905)

NRS 701.370 Trust Account for Renewable Energy and Energy Conservation: Creation; administration; interest and income; claims; nonreversion; restrictions on expenditures.

1. The Trust Account for Renewable Energy and Energy Conservation is hereby created in the State General Fund.

2. The Director shall administer the Account. As administrator of the Account, the Director:

(a) Shall maintain the financial records of the Account;

(b) Shall invest the money in the Account as the money in other state accounts is invested;

(d) Shall maintain any instruments that evidence investments made with the money in the Account;

(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

(f) May perform any other duties that are necessary to administer the Account.

3. The interest and income earned on the money in the Account must, after deducting any applicable charges, be credited to the Account. All claims against the Account must be paid as other claims against the State are paid.

4. Not more than 2 percent of the money in the Account may be used to pay the costs of administering the Account.

5. The money in the Account remains in the Account and does not revert to the State General Fund at the end of any fiscal year.

6. All money that is deposited or paid into the Account may only be expended pursuant to an allocation made by the Director. Money expended from the Account must not be used to supplant existing methods of funding that are available to public agencies.

(Added to NRS by 2001, 3259; A 2009, 1377; 2011, 451, 2062)

NRS 701.380 Coordination of activities and programs; expenditure of money from Trust Account for Renewable Energy and Energy Conservation; other duties.

1. The Director shall:

(a) Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumer’s Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(b) Spend the money in the Trust Account for Renewable Energy and Energy Conservation to:

(1) Educate persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(2) Create incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(3) Distribute grants and other money to establish programs and projects which incorporate the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(4) Conduct feasibility studies, including, without limitation, any feasibility studies concerning the establishment or expansion of any grants, incentives, rebates or other programs to enable or assist persons to reduce the cost of purchasing distributed generation systems and on-site generation systems and net metering systems that use renewable energy.

(c) Take any other actions that the Director deems necessary to carry out the duties of the Office of Energy, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the Director in carrying out the duties of the Office.

2. As used in this section:

(a) “Distributed generation system” means a facility or system for the generation of electricity that is in close proximity to the place where the electricity is consumed:

(1) That uses renewable energy as defined in NRS 704.7715 to generate electricity;

(2) That is located on the property of a customer of an electric utility;

(3) That is connected on the customer’s side of the electricity meter;

(4) That provides electricity primarily to offset customer load on that property; and

(5) The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to 704.776, inclusive.

(b) “Electric utility” has the meaning ascribed to it in NRS 704.7571.

(Added to NRS by 2001, 3261; A 2003, 1873; 2009, 1378; 2011, 2062; 2019, 8, 1014, 1185)

NRS 701.390 Dissemination of information; development of resources and projects; promotion of research and studies; cooperation and coordination with other officers and agencies. The Director shall:

1. Utilize all available public and private means to:

(a) Provide information to the public about issues relating to energy and to explain how conservation of energy and its sources may be accomplished; and

(b) Work with educational and research institutions, trade associations and any other public and private entities in this State to create a database for information on technological development, financing opportunities and federal and state policy developments regarding renewable energy and energy efficiency.

2. Encourage the development of any sources of renewable energy and any energy projects which will benefit the State and any measures which conserve or reduce the demand for energy or which result in more efficient use of energy, including, without limitation, by:

(a) Identifying appropriate areas in this State for the development of sources of renewable energy, based on:

(1) Assessments of solar, wind and geothermal potential;

(2) Evaluations of natural resource constraints;

(3) Current electric transmission infrastructure and capacity; and

(4) The feasibility of the construction of new electric transmission lines;

(b) Working with renewable energy developers to locate their projects within appropriate areas of this State, including, without limitation, assisting the developers to interact with the Bureau of Land Management, the Department of Defense and other federal agencies in:

(1) Expediting land leases;

(2) Resolving site issues; and

(3) Receiving permits for projects on public lands within the appropriate areas of this State;

(c) Coordinating the planning of renewable energy projects in appropriate areas of this State to establish a mix of solar, wind and geothermal renewable energy systems that create a reliable source of energy and maximize the use of current or future transmission lines and infrastructure; and

(d) Developing proposals for the financing of future electric transmission projects for renewable energy if no such financing proposals exist.

3. Review jointly with the Nevada System of Higher Education the policies of this State relating to the research and development of the geothermal energy resources in this State and make recommendations to the appropriate state and federal agencies concerning methods for the development of those resources.

4. If the Director determines that it is feasible and cost-effective, enter into contracts with researchers from the Nevada System of Higher Education:

(a) To conduct environmental studies relating to the identification of appropriate areas in this State for the development of renewable energy resources, including, without limitation, hydrologic studies, solar resource mapping studies and wind power modeling studies;

(b) For the development of technologies that will facilitate the energy efficiency of the electricity grid for this State, including, without limitation, meters that facilitate energy efficiency for consumers of electricity; and

(c) For the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State with energy efficiency measures.

5. Carry out all other directives concerning energy that are prescribed by the Legislature.

(Added to NRS by 2009, 1366; A 2011, 2063)

NRS 701.400 Participation in federal programs; assistance to developers of renewable energy systems. The Director may:

1. Participate in any program established by the Federal Government relating to sources of energy and adopt regulations to carry out such a program.

2. Assist developers of renewable energy systems in preparing and making requests to obtain money for development through the issuance of industrial development revenue bonds pursuant to NRS 349.400 to 349.670, inclusive.

(Added to NRS by 2009, 1368; A 2011, 2065)

RENEWABLE ENERGY BILL OF RIGHTS

NRS 701.525 Short title. NRS 701.525 and 701.540 may be cited as the Renewable Energy Bill of Rights.

(Added to NRS by 2017, 4277)

NRS 701.540 Legislative declarations; rights of natural persons relating to renewable energy and energy storage. 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 customer’s 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 customer’s 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.

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 customer’s 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.

(Added to NRS by 2017, 4277)

ACCOUNTS RELATED TO FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

NRS 701.545 Definitions. As used in NRS 701.545 to 701.595, inclusive, the words and terms defined in NRS 701.550 to 701.570, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2009, 2002; A 2011, 1769)

NRS 701.550 “American Recovery and Reinvestment Act” defined. “American Recovery and Reinvestment Act” means the American Recovery and Reinvestment Act of 2009, Public Law 111-5.

(Added to NRS by 2009, 2002)

NRS 701.555 “Construction” defined. “Construction” means the erection, building, acquisition, alteration, remodeling, improvement or extension of a project and the inspection and supervision of such activities and includes, without limitation:

1. Any preliminary planning to determine the feasibility of a project;

2. Engineering, architectural, legal, environmental, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications or procedures that comply with the provisions of the American Recovery and Reinvestment Act and any regulations adopted pursuant thereto; and

3. Any other activities reasonably necessary to the completion of a project.

(Added to NRS by 2009, 2002)

NRS 701.557 “Energy conservation project” defined. “Energy conservation project” means a project designed, intended or used to improve energy conservation or to reduce the wasteful, inefficient, unnecessary or uneconomical use of energy.

(Added to NRS by 2011, 1769)

NRS 701.558 “Energy efficiency project” defined. “Energy efficiency project” means a project designed, intended or used to improve energy efficiency or to reduce the consumption of energy that is necessary to provide a certain product, function or service.

(Added to NRS by 2011, 1769)

NRS 701.560 “Federal grant” defined. “Federal grant” means money authorized by the American Recovery and Reinvestment Act to:

1. Create a revolving loan fund to assist in the financing of the construction of renewable energy projects; or

2. Fund set-aside programs authorized by the American Recovery and Reinvestment Act.

(Added to NRS by 2009, 2002)

NRS 701.568 “Qualified applicant” defined. “Qualified applicant” means a person or governmental entity engaged in:

1. The construction or operation of an energy conservation project;

2. The construction or operation of an energy efficiency project;

3. The construction, expansion or operation of a renewable energy system; or

4. The manufacturing of components of a renewable energy system.

(Added to NRS by 2011, 1769)

NRS 701.570 “Renewable energy system” defined. “Renewable energy system” has the meaning ascribed to it in NRS 704.7815.

(Added to NRS by 2009, 2002)

NRS 701.575 Creation and administration of Account for Renewable Energy, Energy Efficiency and Energy Conservation and Account for Set-Aside Programs; payment of claims; faith of State pledged.

1. The Account for Renewable Energy, Energy Efficiency and Energy Conservation is hereby created in the State General Fund. The Director shall administer the Account.

2. The account to fund activities, other than projects, authorized by the American Recovery and Reinvestment Act, to be known as the Account for Set-Aside Programs, is hereby created in the Fund for the Municipal Bond Bank.

3. The money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation and the Account for Set-Aside Programs may be used only for the purposes set forth in the American Recovery and Reinvestment Act.

4. All claims against the Account for Renewable Energy, Energy Efficiency and Energy Conservation and the Account for Set-Aside Programs must be paid as other claims against the State are paid.

5. The faith of the State is hereby pledged that the money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation and the Account for Set-Aside Programs will not be used for purposes other than those authorized by the American Recovery and Reinvestment Act.

(Added to NRS by 2009, 2002; A 2011, 452; 2019, 2024)

NRS 701.580 Interest and income; deposits; acceptance of gifts, grants and bequests; use of money to benefit renewable energy systems limited.

1. The interest and income earned on money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation and the Account for Set-Aside Programs must be credited to the Account for Renewable Energy, Energy Efficiency and Energy Conservation and the Account for Set-Aside Programs, respectively.

2. All payments of principal and interest on all loans made to a qualified applicant and all proceeds from the sale, refunding or prepayment of obligations of a qualified applicant acquired or loans made in carrying out the purposes of the Account for Renewable Energy, Energy Efficiency and Energy Conservation must be deposited in the State Treasury for credit to the Account for Renewable Energy, Energy Efficiency and Energy Conservation.

3. The Director may accept gifts, contributions, grants and bequests of money from any public or private source. The money so accepted must be deposited in the State Treasury for credit to the Account for Renewable Energy, Energy Efficiency and Energy Conservation or the Account for Set-Aside Programs, and can be used to provide money from the State to match the federal grant, as required by the American Recovery and Reinvestment Act.

4. Only federal money deposited in a separate subaccount of the Account for Renewable Energy, Energy Efficiency and Energy Conservation, including repayments of principal and interest on loans made solely from federal money, and interest and income earned on federal money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation, may be used to benefit a qualified applicant who is not a governmental entity.

(Added to NRS by 2009, 2002; A 2011, 1769; 2019, 2024)

NRS 701.585 Powers and duties of Director; limitations.

1. The Director shall:

(a) Use the money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation and the Account for Set-Aside Programs for the purposes set forth in the American Recovery and Reinvestment Act.

(b) Determine whether a qualified applicant who receives money or other assistance from the Account for Renewable Energy, Energy Efficiency and Energy Conservation or the Account for Set-Aside Programs complies with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.

2. The Director may:

(a) Prepare and enter into required agreements with the Federal Government for the acceptance of grants of money for the Account for Renewable Energy, Energy Efficiency and Energy Conservation and the Account for Set-Aside Programs.

(b) Bind the Office of Energy to terms of the required agreements.

(d) Manage the Account for Renewable Energy, Energy Efficiency and Energy Conservation and the Account for Set-Aside Programs in accordance with the requirements and objectives of the American Recovery and Reinvestment Act.

(e) Provide services relating to management and administration of the Account for Renewable Energy, Energy Efficiency and Energy Conservation and the Account for Set-Aside Programs, including the preparation of any agreement, plan or report.

(f) Perform, or cause to be performed by agencies or organizations through interagency agreement, contract or memorandum of understanding, set-aside programs pursuant to the American Recovery and Reinvestment Act.

(g) Enter into agreements or cooperate with third parties to provide for enhanced leveraging of money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation, additional financing mechanisms or any other program or combination of programs for the purpose of expanding the scope of financial assistance available from the Account for Renewable Energy, Energy Efficiency and Energy Conservation.

3. The Director shall not commit any money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation for expenditure for the purposes set forth in NRS 701.590 without obtaining the prior approval of the Legislature or the Interim Finance Committee if the Legislature is not in session.

(Added to NRS by 2009, 2003; A 2011, 1770; 2019, 2025)

NRS 701.590 Limitations on use of money; compliance with federal law.

1. Except as otherwise provided in subsection 6 and NRS 701.580, money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation, including repayments of principal and interest on loans, and interest and income earned on money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation, may be used only:

(a) To make loans at a rate of not more than 3 percent to a qualified applicant for:

(1) The construction of an energy conservation project;

(2) The construction of an energy efficiency project;

(3) The construction or expansion of a renewable energy system; or

(4) The manufacturing of components of a renewable energy system.

(b) For any other purpose for which the United States Department of Energy has approved the use of money received pursuant to the American Recovery and Reinvestment Act and deposited in the Account for Renewable Energy, Energy Efficiency and Energy Conservation.

2. Money in the Account for Set-Aside Programs may be used only to fund set-aside programs authorized by the American Recovery and Reinvestment Act. Money in the Account for Set-Aside Programs may be transferred to the Account for Renewable Energy, Energy Efficiency and Energy Conservation pursuant to the American Recovery and Reinvestment Act.

3. A qualified applicant who requests a loan or other financial assistance must demonstrate that the qualified applicant has:

(a) Complied with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto; or

(b) Agreed to take actions that are needed to ensure that the qualified applicant has the capability to comply with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.

4. Money from the Account for Renewable Energy, Energy Efficiency and Energy Conservation may not be given to a qualified applicant for the expansion of an existing renewable energy system unless the qualified applicant has the technical, managerial and financial capability to ensure compliance with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto. To receive such funding for the construction of a new renewable energy system, a qualified applicant must demonstrate that the qualified applicant has the technical, managerial and financial capability to ensure compliance with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.

5. The Director shall, before approving an applicant for financial assistance from the Account for Renewable Energy, Energy Efficiency and Energy Conservation, consider whether the applicant has received or is eligible to receive from any other governmental entity any money or other financial incentive, including, without limitation, any grant, loan, tax credit or abatement of any tax for the purpose of financing in whole or in part the energy efficiency or energy conservation project of the applicant.

6. The Director may use the interest earned on money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation and the interest earned on loans made from the Account for Renewable Energy, Energy Efficiency and Energy Conservation to defray, in whole or in part, the costs and expenses of administering the Account for Renewable Energy, Energy Efficiency and Energy Conservation and to carry out the purposes of NRS 701.545 to 701.595, inclusive.

7. In selecting qualified applicants to receive funding or assistance from the Account for Renewable Energy, Energy Efficiency and Energy Conservation, the Director shall give preference to qualified applicants seeking funding or assistance for larger energy conservation projects, energy efficiency projects or renewable energy systems. The Director shall, by regulation, define “larger energy conservation projects, energy efficiency projects or renewable energy systems” for purposes of this section.

(Added to NRS by 2009, 2003; A 2011, 1770; 2019, 2026)

NRS 701.595 Regulations. The Director may adopt such regulations as are necessary to carry out the provisions of NRS 701.545 to 701.595, inclusive.

(Added to NRS by 2009, 2004; A 2011, 1771)

ENERGY DEVELOPMENT PROJECTS

NRS 701.600 Applicability. The provisions of NRS 701.610, 701.620 and 701.630 do not apply to a project that has a generating capacity of less than 10 megawatts.

(Added to NRS by 2011, 2547)

NRS 701.610 Notice of energy development project: Filing with Department of Wildlife; form; contents; regulations.

1. Except as otherwise provided in NRS 701.600, a person who files an application with the Federal Government for a lease or easement for a right-of-way for an energy development project or an application with the Public Utilities Commission of Nevada or any county in this State relating to the construction of an energy development project shall, concurrently with the filing of the application, file a notice of the energy development project with the Department of Wildlife.

2. The notice required by subsection 1 must be provided to the Department of Wildlife in such form as the Department prescribes and contain:

(a) A description of the location and the energy development project to be built thereon;

(b) A description of the boundaries of the project and the estimated requirements for infrastructure of the project; and

3. Within 30 days after a notice is filed pursuant to subsection 1, the Department of Wildlife shall provide a copy of the notice to the Office of Energy.

4. The Department of Wildlife shall, in consultation with the Office of Energy, adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:

(a) Provisions setting forth the requirements for making reasonable deposits and reimbursing the Department of Wildlife for the actual costs, not to exceed $100,000, incurred by the Department for providing to the Federal Government, the Public Utilities Commission of Nevada, an applicant or any county in this State any information relating to any wildlife or wildlife habitat based on the location of the energy development project for which a notice is filed pursuant to subsection 1; and

(b) Except as otherwise provided in subsection 5, any other requirements concerning the filing of a notice pursuant to subsection 1.

5. Any regulations adopted pursuant to subsection 4 must not require a person to reimburse any costs incurred by the Department of Wildlife for providing any information requested by the Federal Government, the Public Utilities Commission of Nevada or an applicant relating to an energy development project that was previously provided pursuant to paragraph (a) of subsection 4.

(Added to NRS by 2011, 2547)

NRS 701.620 Compilation of information; preparation and publication of certain reports. The Department of Wildlife shall:

1. Compile and maintain detailed information concerning each energy development project for which notice is filed pursuant to NRS 701.610. The information must include, without limitation:

(a) The location of the energy development project;

(b) A description of the energy development project;

(d) The amount charged for the reimbursement of costs for the energy development project in accordance with the regulations specified in subsection 4 of NRS 701.610.

2. Prepare a report that covers the immediately preceding 2 fiscal years:

(a) Containing the information compiled pursuant to subsection 1; and

(b) Setting forth the effect, if any, on the budget of the Department of Wildlife as a result of receiving the reimbursement of costs for providing information concerning energy development projects and the manner in which the total amount received for those costs was used by the Department.

3. On or before January 31 of each odd-numbered year, post the report required pursuant to subsection 2 on the Internet website maintained by the Department of Wildlife.

(Added to NRS by 2011, 2548; A 2017, 718)

1. The Energy Planning and Conservation Account is hereby created in the State General Fund.

2. The Director of the Department of Wildlife may apply for and accept any gift, donation, bequest, grant or other source of money for use by the Account. Any money so received must be deposited in the Account.

3. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Claims against the Account must be paid as other claims against the State are paid.

4. Any money remaining 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.

5. The Director of the Department of Wildlife shall administer the Account. The money in the Account must be used in accordance with the State Wildlife Action Plan and used by the Department:

(a) To conduct surveys of wildlife;

(b) To map locations of wildlife and wildlife habitat in this State;

(d) To match any federal money for a project or program for the conservation of any species of wildlife which is of critical concern; and

(e) To coordinate carrying out the provisions of this subsection in cooperation with the Office of Energy.

6. The Department of Wildlife shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation, the criteria for projects for which the Department may use money from the Account.

7. As used in this section, “State Wildlife Action Plan” means a statewide plan prepared by the Department of Wildlife and approved by the United States Fish and Wildlife Service which sets forth provisions for the conservation of wildlife and wildlife habitat, including, without limitation, provisions for assisting in the prevention of any species of wildlife from becoming threatened or endangered.

(Added to NRS by 2011, 2548; A 2013, 2766)

NRS 701.640 Account for the Recovery of Costs: Creation; deposits; interest and income; claims; gifts, donations and grants; nonreversion; administration by Director of Department of Wildlife; uses.

1. The Account for the Recovery of Costs is hereby created in the State General Fund.

2. All money collected by the Department of Wildlife in accordance with regulations adopted pursuant to NRS 701.610 must be deposited in the Account.

4. The Director of the Department of Wildlife may apply for and accept any gift, donation, bequest, grant or other source of money for use by the Account. Any money so received must be deposited in the Account. If the Director of the Department of Wildlife receives any matching federal money which is credited to the Account pursuant to this subsection, the amount of money credited may be transferred to the Energy Planning and Conservation Account created by NRS 701.630.

5. Any money remaining 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.

6. The Director of the Department of Wildlife shall administer the Account. The money in the Account must be used by the Department of Wildlife solely:

(a) To provide to the Federal Government, the Public Utilities Commission of Nevada or any person any information relating to wildlife or wildlife habitat based on the location of an energy development project; or

(b) To match any federal money for a project or program for the conservation of any species of wildlife.

(Added to NRS by 2011, 2549; A 2013, 2767)

CERTAIN RENEWABLE ENERGY PROJECTS ON INDIAN TRIBAL LANDS

NRS 701.680 Waiver of tribal sovereign immunity allows state courts to exercise jurisdiction over actions and claims relating to certain renewable energy projects on Indian tribal lands.

1. A court of this State has jurisdiction pursuant to subsection 1 of NRS 14.065 with respect to any claim or action relating to a renewable energy project located upon Indian tribal land if:

(a) The Indian tribe occupying the tribal land has a reservation of not less than 60,000 acres;

(b) The Indian tribal land is located in a county whose population is 700,000 or more; and

(c) The governing body of the Indian tribe has expressly waived its sovereign immunity with respect to such claim or action in a written agreement, contract or other instrument which expressly states that the terms of the agreement, contract or other instrument must be governed by the applicable laws of this State.

2. As used in this section, “renewable energy project” means a project for the construction or installation of a facility for the generation of renewable energy.

(Added to NRS by 2013, 3504)

ENERGY EFFICIENCY STANDARDS FOR APPLIANCES

NRS 701.700 Definitions. As used in NRS 701.700 to 701.780, inclusive, unless the context otherwise requires, the words and terms defined in NRS 701.702 to 701.764, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2021, 2198)

NRS 701.702 “Air purifier” defined. “Air purifier” means an electric, cord-connected, portable appliance with the primary function of removing particulate matter from the air and which can be moved from room to room.

(Added to NRS by 2021, 2198)

NRS 701.704 “Cold only water cooler” defined. “Cold only water cooler” means a water cooler that dispenses cold water only.

(Added to NRS by 2021, 2198)

NRS 701.706 “Cold-temperature fluorescent lamp” defined. “Cold-temperature fluorescent lamp” means a fluorescent lamp that:

1. Is not a compact fluorescent lamp;

2. Is specifically designed to operate at temperatures as low as -20 degrees Fahrenheit when used with a ballast conforming to the requirements of Standard Nos. C78.81 and C78.901 of the American National Standards Institute; and

3. Is expressly designated as a cold-temperature fluorescent lamp both in markings on the lamp and in marketing materials, including, without limitation, catalogs, sales literature or promotional materials.

(Added to NRS by 2021, 2198)

NRS 701.708 “Commercial dishwasher” defined. “Commercial dishwasher” means a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils and trays by applying sprays of detergent solution, with or without blasting media granules, and a sanitizing rinse, and which is distributed for industrial or commercial use.

(Added to NRS by 2021, 2198)

NRS 701.710 “Commercial fryer” defined. “Commercial fryer” means an appliance, including, without limitation, a cooking vessel, in which:

1. Oil is placed to such a depth that the cooking food is essentially supported by displacement of the cooking fluid rather than by the bottom of the vessel.

2. Heat is delivered to the cooking fluid by means of an immersed electric element or band-wrapped vessel for electric fryers or by heat transfer from gas burners through either the walls of the fryer or through tubes passing through the cooking fluid for gas fryers.

(Added to NRS by 2021, 2198)

NRS 701.712 “Commercial hot-food holding cabinet” defined. “Commercial hot-food holding cabinet”:

1. Means a heated, fully enclosed compartment with one or more solid or transparent doors designed to maintain the temperature of hot food that has been cooked using a separate appliance.

2. Does not include heated glass merchandizing cabinets, drawer warmers or cook-and-hold appliances.

(Added to NRS by 2021, 2198)

NRS 701.714 “Commercial oven” defined. “Commercial oven” means a chamber designed for heating, roasting or baking food by conduction, convection, radiation or electromagnetic energy and which is distributed for industrial or commercial use.

(Added to NRS by 2021, 2199)

NRS 701.716 “Commercial steam cooker” defined. “Commercial steam cooker”:

1. Means a device with one or more food steaming compartments in which the energy in the steam is transferred to the food by direct contact.

2. Includes, without limitation, countertop models, wall-mounted models and floor models mounted on a stand, pedestal or cabinet-style base.

(Added to NRS by 2021, 2199)

NRS 701.718 “Compensation” defined. “Compensation” means money or any other thing of value, regardless of form, received by a person for services rendered.

(Added to NRS by 2021, 2199)

NRS 701.720 “Computer” defined. “Computer”:

1. Means a device that performs logical operations and processes data and is composed of, at a minimum:

(a) A central processing unit to perform operations or, if no central processing unit is present, then the device must function as a client gateway to a server and the server acts as a computational central processing unit;

(b) The ability to support user input devices such as a keyboard, mouse or touchpad; and

2. Includes both stationary and portable units, and includes, without limitation, a desktop computer, portable all-in-one computer, notebook computer, mobile gaming system, high-expandability computer, small-scale server, thin client or workstation.

3. Does not include a tablet, game console, television, small computer device, server other than a small-scale server or an industrial computer.

(Added to NRS by 2021, 2199)

NRS 701.722 “Computer monitor” defined. “Computer monitor”:

1. Means an analog or digital device of diagonal screen size not less than 17 inches and not more than 61 inches, that has a pixel density of more than 5,000 pixels per square inch and that is designed primarily for the display of computer generated signals for viewing by one person in a desk-based environment and which is composed of a display screen and associated electronics.

2. Does not include:

(a) Displays with integrated or replaceable batteries designed to support primary operation without alternating current mains or external direct current power, including, without limitation, electronic readers, mobile phones, tablets and battery-powered digital frames; or

(b) A television or signage display.

(Added to NRS by 2021, 2199)

NRS 701.724 “Cook and cold water cooler” defined. “Cook and cold water cooler” means a water cooler that dispenses both cold water and room-temperature water.

(Added to NRS by 2021, 2199)

NRS 701.726 “Decorative gas fireplace” defined. “Decorative gas fireplace” means a vented fireplace, including, without limitation, an appliance that is freestanding, recessed or zero clearance or a gas fireplace insert, that is:

1. Fueled by natural gas or propane;

2. Marked for decorative use only; and

3. Not equipped with a thermostat or intended for use as a heater.

(Added to NRS by 2021, 2199)

NRS 701.728 “Distributor” defined. “Distributor” means a person:

1. Whose primary business is the wholesale distribution of commercial goods for resale;

2. Who maintains an inventory of commercial goods for resale;

3. Who has the right to sell or distribute commercial goods in this State for resale to retailers or other resellers or to an industrial or commercial manufacturer; and

4. Who conducts business in this State.

(Added to NRS by 2021, 2200)

NRS 701.730 “Electric vehicle supply equipment” defined. “Electric vehicle supply equipment”:

1. Means the conductors, including, without limitation, the ungrounded, grounded and equipment-grounding conductors, the electric vehicle connectors, the attachment plugs and all other fittings, devices, power outlets or apparatuses, installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle.

2. Does not include conductors, connectors and fittings that are part of a vehicle.

(Added to NRS by 2021, 2200)

NRS 701.732 “Flexible demand” defined. “Flexible demand” means the capability to schedule, shift or curtail the electrical demand of a customer of a utility through direct action by the customer or through action by a third party, the utility or a grid-balancing authority, with the consent of the customer.

(Added to NRS by 2021, 2200)

NRS 701.734 “Gas fireplace” defined. “Gas fireplace” means a decorative gas fireplace or a heating gas fireplace.

(Added to NRS by 2021, 2200)

NRS 701.736 “Heating gas fireplace” defined. “Heating gas fireplace” means a vented fireplace, including, without limitation, an appliance that is freestanding, recessed or zero clearance or a gas fireplace insert, that is:

1. Fueled by natural gas or propane; and

2. Not a decorative gas fireplace.

(Added to NRS by 2021, 2200)

NRS 701.738 “High color rendering index fluorescent lamp” defined. “High color rendering index fluorescent lamp” means a fluorescent lamp with a color rendering index of 87 or more that is not a compact fluorescent lamp.

(Added to NRS by 2021, 2200)

NRS 701.740 “Hot and cold water cooler” defined. “Hot and cold water cooler” means a water cooler that dispenses both hot and cold water and which may or may not dispense room-temperature water.

(Added to NRS by 2021, 2200)

NRS 701.742 “Impact-resistant fluorescent lamp” defined. “Impact-resistant fluorescent lamp” means a fluorescent lamp that:

1. Is not a compact fluorescent lamp;

2. Has a coating or equivalent technology that is compliant with Standard No. 51 of the American National Standards Institute and is designed to contain the glass if the glass envelope of the lamp is broken; and

3. Is designated and marketed for the intended application with:

(a) The designation on the lamp packaging; and

(b) Marketing materials that identify the lamp as being impact-resistant, shatter-resistant, shatterproof or shatter-protected.

(Added to NRS by 2021, 2200)

NRS 701.744 “Industrial air purifier” defined. “Industrial air purifier” means an indoor air-cleaning device manufactured, advertised, marketed, labeled and used solely for industrial use and that is marketed solely through industrial supply outlets or businesses and prominently labeled as follows: “Solely for industrial use. Potential health hazard: emits ozone.”

(Added to NRS by 2021, 2200)

NRS 701.746 “Installer” defined. “Installer” means a person engaged in the attachment of a regulated appliance or an appliance for which the Director has adopted a minimum standard of energy efficiency pursuant to NRS 701.770 that the installer has purchased or been contracted to attach to a structure by means of the electrical, plumbing or ventilation system of the structure.

(Added to NRS by 2021, 2200)

NRS 701.748 “Manufacturer” defined. “Manufacturer” means a person who makes new products by hand or machine.

(Added to NRS by 2021, 2201)

NRS 701.750 “New” defined. “New” means that an appliance has not previously been sold to an end user.

(Added to NRS by 2021, 2201)

NRS 701.752 “On-demand” defined. “On-demand” means a water cooler that heats water as it is requested, and which may take a few minutes to deliver hot water.

(Added to NRS by 2021, 2201)

NRS 701.754 “Portable electric spa” defined. “Portable electric spa” means a factory-built electric spa or hot tub which may or may not include any combination of integral controls, water heating or water-circulating equipment.

(Added to NRS by 2021, 2201)

NRS 701.756 “Regulated appliance” defined. “Regulated appliance” includes the following appliances:

1. An air purifier that is not an industrial air purifier;

2. A cold-temperature fluorescent lamp;

3. A commercial dishwasher;

4. A commercial fryer;

5. A commercial hot-food holding cabinet;

6. A commercial oven;

7. A commercial steam cooker;

8. A computer;

9. A computer monitor;

10. Electric vehicle supply equipment;

11. A gas fireplace;

12. A high color rendering index fluorescent lamp;

13. An impact-resistant fluorescent lamp;

14. A portable electric spa;

15. A residential ventilating fan; and

16. A water cooler.

(Added to NRS by 2021, 2201)

NRS 701.758 “Residential ventilating fan” defined. “Residential ventilating fan” means a ceiling or wall-mounted fan, or remotely mounted in-line fan, designed to be used in a bathroom or utility room for the purpose of moving air from inside the building to outside the building.

(Added to NRS by 2021, 2201)

NRS 701.760 “Retailer” defined. “Retailer” means a person engaged in the business of making retail sales of regulated appliances or appliances for which the Director has adopted a minimum standard of energy efficiency pursuant to NRS 701.770 within this State.

(Added to NRS by 2021, 2201)

NRS 701.762 “Storage-type” defined. “Storage-type”:

1. Means a water cooler that stores thermally conditioned water in a tank and makes such water available instantaneously.

2. Includes point-of-use, dry storage compartment and bottled water coolers.

(Added to NRS by 2021, 2201)

NRS 701.764 “Water cooler” defined. “Water cooler” means a freestanding device that consumes energy to cool or heat potable water.

(Added to NRS by 2021, 2201)

NRS 701.766 Inapplicability of provisions to certain appliances. The provisions of NRS 701.700 to 701.780, inclusive, and any regulations adopted pursuant thereto, do not apply to:

1. A new appliance manufactured in this State and sold outside of this State.

2. A new appliance sold at wholesale in this State for final retail sale outside of this State.

3. An appliance installed in a mobile home or manufactured home at the time of construction.

4. An appliance designed expressly for installation and use in a recreational vehicle, as defined in NRS 482.101.

(Added to NRS by 2021, 2206)

1. Not later than October 1, 2022, the Director shall adopt regulations establishing minimum standards of energy efficiency for regulated appliances and methods for verifying whether a regulated appliance complies with those standards.

2. On and after July 1, 2023, a new regulated appliance may not be sold, leased or rented in this State, or offered for sale, lease or rent in this State, unless it meets or exceeds the minimum standards of energy efficiency established by the Director pursuant to subsection 1. If the Director amends the regulations adopted pursuant to subsection 1 to establish more stringent standards of energy efficiency for regulated appliances, the Director shall establish an effective date for such amended regulations which must be not earlier than 365 days after the date on which the amended regulations are filed with the Secretary of State pursuant to NRS 233B.070.

3. On and after January 1, 2024, a new regulated appliance may not be installed for compensation in this State unless it meets or exceeds the minimum standards of energy efficiency established by the Director pursuant to subsection 1. If the Director amends the regulations adopted pursuant to subsection 1 to establish more stringent standards of energy efficiency for new regulated appliances, beginning 1 year after the amended regulations are filed with the Secretary of State pursuant to NRS 233B.070, it shall be unlawful to install for compensation in this State a new regulated appliance that does not meet or exceed the more stringent standards of energy efficiency adopted by the Director.

4. The minimum standards of energy efficiency for regulated appliances adopted by the Director pursuant to subsection 1 must meet or exceed the following standards:

(a) An air purifier which is not an industrial air purifier must meet the following requirements as measured in accordance with version 2.0 of the “ENERGY STAR Product Specification for Room Air Cleaners” adopted by the United States Environmental Protection Agency:

(1) The clean air delivery rate for smoke must be not less than 30 cubic feet per minute;

(2) For models with a clean air delivery rate for smoke that is less than 100 cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 1.7 cubic feet per minute;

(3) For models with a clean air delivery rate for smoke that is 100 or more but less than 150 cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 1.9 cubic feet per minute;

(4) For models with a clean air delivery rate for smoke that is 150 or more cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 2.0 cubic feet per minute;

(5) For ozone-emitting models, the measured ozone must be not more than 50 parts per billion;

(6) For models with a wireless fidelity network connection enabled by default when shipped, the energy consumed when in partial on mode power must be not more than 2 watts; and

(7) For models without a wireless fidelity network connection enabled by default when shipped, the energy consumed when in partial on mode must be not more than 1 watt.

(b) Commercial dishwashers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Dishwashers” must meet the eligibility criteria of that specification.

(c) Commercial fryers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Fryers” must meet the criteria of that specification.

(d) Commercial hot food holding cabinets included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Hot Food Holding Cabinets” must meet the criteria of that specification.

(e) Commercial ovens included in the scope of version 2.2 of the “ENERGY STAR Program Requirements Product Specification for Commercial Ovens” must meet the criteria of that specification.

(f) Commercial steam cookers included in the scope of version 1.2 of the “ENERGY STAR Program Requirements Product Specification for Commercial Steam Cookers” must meet the criteria of that specification.

(g) Computers and computer monitors must meet the requirements set forth in section 1605.3(v) of Title 20 of the California Code of Regulations as in effect on January 1, 2020, and the test procedures for computers and computer monitors adopted by the Director must be in accordance with the testing method prescribed in section 1604(v) of Title 20 of the California Code of Regulations as in effect on January 1, 2020, except that the Director may elect to amend the test procedure to reflect changes to section 1604(v) of Title 20 of the California Code of Regulations that occur after January 1, 2020.

(h) Electric vehicle supply equipment included in the scope of version 1.0 of the “ENERGY STAR Program Requirements for Electric Vehicle Supply Equipment” must meet the eligibility criteria of that specification.

(i) Gas fireplaces must:

(1) Be capable of automatically extinguishing any pilot flame when the main gas burner flame is extinguished.

(2) Prevent any ignition source for the main gas burner flame from operating continuously for more than 7 days.

(3) If the gas fireplace is a heating gas fireplace, have a fireplace efficiency greater than or equal to 50 percent when tested in accordance with Standard No. P.4.1-15 of the Canadian Standards Association, “Testing Method for Measuring Annual Fireplace Efficiency.”

(j) High color rendering index fluorescent lamps, cold temperature fluorescent lamps and impact-resistant fluorescent lamps must meet the minimum efficacy requirements contained in 10 C.F.R. § 430.32(n)(4), as in effect on January 1, 2020, as measured in accordance with 10 C.F.R. Part 430, subpart B, Appendix R, “Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps,” as in effect on January 1, 2020.

(k) Portable electric spas must meet the requirements of the “American National Standard for Portable Electric Spa Energy Efficiency,” ANSI/APSP/ICC 14-2019 of the Association of Pool and Spa Professionals.

(l) In-line residential ventilating fans must have a fan motor efficacy of not less than 2.8 cubic feet per minute per watt.

(m) Residential ventilating fans other than in-line residential ventilating fans must have a fan motor efficacy of not less than 1.4 cubic feet per minute per watt for airflows less than 90 cubic feet per minute and not less than 2.8 cubic feet per minute per watt for other airflows when tested in accordance with HVI Publication 916, “HVI Airflow Test Procedure,” of the Home Ventilating Institute.

(n) Water coolers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Water Coolers” must have an on mode with no water draw energy consumption of the following values as measured in accordance with the test requirements of that specification:

(1) Not more than 0.16 kilowatt-hours per day for cold only water coolers and cook and cold water coolers;

(2) Not more than 0.87 kilowatt-hours per day for storage-type hot and cold water coolers; and

(3) Not more than 0.18 kilowatt-hours per day for on-demand hot and cold water coolers.

(Added to NRS by 2021, 2201)

1. The Director may adopt regulations establishing minimum standards of energy efficiency for new appliances other than regulated appliances and methods for verifying whether such an appliance complies with those standards upon a finding that the adoption of such standards would serve to promote energy or water conservation in this State and would be cost effective for consumers who purchase and use such new appliances.

2. The Director shall establish an effective date for regulations adopted pursuant to subsection 1 which must be not earlier than 365 days after the date on which the regulations are filed with the Secretary of State pursuant to NRS 233B.070.

3. On and after the effective date of any regulations adopted pursuant to subsection 1, a new appliance may not be sold, leased or rented in this State or offered for sale, lease or rent in this State unless it meets or exceeds the minimum standards of energy efficiency established by the Director pursuant to subsection 1.

4. Beginning 1 year after the effective date of any regulations adopted pursuant to subsection 1, it shall be unlawful to install for compensation in this State a new appliance that does not meet or exceed the standards of energy efficiency adopted by the Director pursuant to subsection 1.

(Added to NRS by 2021, 2204)

NRS 701.772 Establishment of procedure to delay implementation of minimum standard upon consumer application; criteria for granting such a delay; regulations.

1. The Director shall adopt regulations establishing a procedure whereby a consumer may apply to the Director to delay the implementation of a minimum standard of energy efficiency adopted pursuant to NRS 701.768 or 701.770 for a period of not more than 1 year. The Director may grant a request to delay the implementation of a minimum standard of energy efficiency adopted pursuant to NRS 701.768 or 701.770 if the Director determines that the consumer has set forth sufficient evidence that a requirement to procure a product that conforms to the minimum standard would impose an unreasonable burden on consumers in this State.

2. As used in this section, “unreasonable burden” includes, without limitation, fewer than three manufacturers having a product that conforms to the minimum standard available for purchase.

(Added to NRS by 2021, 2204)

1. Before a new regulated appliance is made available for sale, lease or rent in this State, the manufacturer of the regulated appliance shall submit to the Director a certification which demonstrates that the regulated appliance complies with the minimum standard of energy efficiency for that appliance adopted by the Director pursuant to NRS 701.768.

2. Before a new appliance for which the Director has adopted a minimum standard of energy efficiency pursuant to NRS 701.770 is made available for sale, lease or rent in this State, the manufacturer of the appliance shall submit to the Director a certification which demonstrates that the appliance complies with the minimum standard of energy efficiency for that appliance adopted by the Director pursuant to NRS 701.770.

3. A manufacturer of regulated appliances or appliances for which the Director has adopted a minimum standard of energy efficiency pursuant to NRS 701.770 shall comply with such other requirements or submit such other information as the Director may require by regulation.

4. The Director shall adopt regulations governing the certification of regulated appliances or appliances for which the Director has adopted a minimum standard of energy efficiency pursuant to NRS 701.770. In doing so, the Director shall coordinate with the certification programs of other states and federal agencies with similar standards of energy efficiency.

5. A manufacturer shall ensure that, at the time of sale or installation, a new appliance for which the manufacturer has submitted a certification pursuant to subsection 1 or 2 includes a mark, label or tag on the product and packaging of the appliance which identifies the appliance as meeting the standards of energy efficiency established by the Director pursuant to NRS 701.768 and 701.770. The Director shall adopt regulations governing the identification of certified appliances through the inclusion of a mark, label or tag, coordinating to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent standards of energy efficiency. The Director shall permit the use of existing marks, labels or tags which connote compliance with the standards of energy efficiency adopted pursuant to NRS 701.768 and 701.770.

(Added to NRS by 2021, 2204)

NRS 701.776 Standards to facilitate deployment of flexible demand technologies; effective date; considerations, consultations and priorities; regulations.

1. The Director may adopt by regulation standards for appliances and other provisions which are necessary and convenient to facilitate the deployment of flexible demand technologies, including, without limitation, regulations relating to the labeling of appliances incorporating flexible demand technologies to promote the use of such appliances. Any such regulations must be based on feasible and attainable efficiencies or feasible improvements that will enable appliance operations to be scheduled, shifted or curtailed to reduce emissions of greenhouse gases associated with electricity generation.

3. In establishing standards for appliances pursuant to subsection 1, the Director shall:

(a) Consider the reliability and cybersecurity protocols of the National Institute of Standards and Technology of the United States Department of Commerce, or other cybersecurity protocols that are equally or more protective and adopt, at minimum, the North American Electric Reliability Corporation Critical Infrastructure Protection Standards, as those standards exist on July 1, 2021.

(b) Consult with the Public Utilities Commission of Nevada and electric utilities to better align the flexible demand appliance standards with demand response programs and to incentivize the deployment of flexible demand appliances.

4. Flexible demand appliance standards adopted pursuant to subsection 1 must prioritize:

(a) Appliances that can more conveniently have their electrical demand controlled by load-management technology and third-party load-management programs.

(b) Appliances with load-management technology options that are readily available.

(c) Appliances that have a user-friendly interface and follow a straightforward setup and connection process, such as remote setup by means of an Internet website or application.

(d) Appliances with load-management technology options that follow simple standards for third-party direct operation of the appliances.

(e) Appliances that are interoperable or open source.

(Added to NRS by 2021, 2206)

NRS 701.778 Regulations: Authority to adopt; requirements for design. The Director may adopt such regulations as are necessary to carry out the provisions of NRS 701.700 to 701.780, inclusive. In designing such regulations, the Director shall attempt to minimize the overall cost to consumers for regulated appliances and appliances for which the Director has adopted a minimum standard of energy efficiency pursuant to NRS 701.770, considering the needs of consumers related to appliances, technological feasibility and anticipated product availability and performance.

(Added to NRS by 2021, 2205)

NRS 701.780 Enforcement: Investigation of complaints; report of alleged violation to Attorney General; civil action for injunctive relief; civil penalty; city or county not required to enforce.

1. The Director may investigate complaints received concerning alleged violations of NRS 701.700 to 701.780, inclusive, and may report any alleged violation of NRS 701.700 to 701.780, inclusive, which the Director verifies or discovers after investigation to the Attorney General.

2. Whenever it appears that a manufacturer, distributor, retailer or installer has violated or is violating the provisions of NRS 701.700 to 701.780, inclusive, the Attorney General may institute a civil action in any district court of this State for injunctive relief to restrain the violation and for the assessment and recovery of a civil penalty.

3. Any manufacturer, distributor, retailer or installer who violates any of the provisions of NRS 701.700 to 701.780, inclusive, must, for a first time violation, be issued a warning and, for any subsequent violation, is liable to the State for a civil penalty of:

(a) For the first time a civil penalty is assessed, not more than $100 for each day of violation and for each act of violation.

(b) For any subsequent assessment of a civil penalty, not more than $500 for each day of violation and for each act of violation.

4. Nothing in this section or in NRS 701.700 to 701.780, inclusive, shall be construed to require a city or county to take any action or to enforce the provisions of NRS 701.700 to 701.780, inclusive.

(Added to NRS by 2021, 2205)