Nevada Code § 704.7865

Certain electric utilities required to offer program to low-income eligible customers in service area; limitation on size of program; regulations establishing program standards; filing of plan to implement program; review and approval or denial of plan by Commission; preferred sites for utility scale solar energy resource development
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1. An electric utility shall offer an
expanded solar access program to low-income eligible customers within its
service area in accordance with the provisions of this section. The size of the
expanded solar access program must not exceed:
(a) For an electric utility that primarily serves
densely populated counties, a total capacity of 240,000 megawatt-hours; and
(b) For an electric utility that primarily serves
less densely populated counties, a total capacity of 160,000 megawatt-hours.
2. The Commission shall adopt regulations
establishing standards for the expanded solar access program. The regulations
must:
(a) Advance the development of solar energy
resources in this State, including, without limitation, utility scale and
community-based solar resources;
(b) Provide for the expanded solar access program
to include a reasonable mixture of community-based solar resources and utility
scale solar resources;
(c) For community-based solar resources:
(1) Require a process for open bidding or
requests for proposals for the selection of sites for community-based solar
resources;
(2) Prioritize the selection of sites for
community-based solar resources that provide resiliency for the electric grid
and benefits for the community; and
(3) Require construction of additional
community-based solar resources in proportion to increased participation in the
expanded solar access program;
(d) Provide for solar workforce innovations and
opportunity programs related to the construction, maintenance and operation of
solar resources, including opportunities for workforce training,
apprenticeships or other job opportunities at community-based solar resources;
(e) Provide for equitably broadened access to
solar energy;
(f) Provide for the creation of an expanded solar
access program rate for participating low-income eligible customers that:
(1) Is based, among other factors, on a
new utility scale solar resource accepted by the Commission in an order issued
pursuant to NRS 704.751 , as approved by
the Commission;
(2) Is a fixed rate that replaces the base
tariff energy rate and deferred accounting adjustment charged by the electric
utility for participating low-income eligible customers and which is adjusted
in accordance with the Commissions quarterly calculations;
(3) Provides for a lower rate, the cost of
which must be allocated across all of the rate classes of the utility; and
(4) Includes any other applicable charges
including, without limitation, the universal energy charge, franchise fees, the
renewable energy program rate and base tariff general rates, except that the
Commission:
(I) May reduce one or more of these
charges for participating low-income eligible customers to ensure that such
customers receive a lower rate pursuant to subparagraph (3); and
(II) For a participating low-income
eligible customer who is supported with specific funding from the Nevada Clean
Energy Fund established pursuant to NRS
701B.985 relating to a Solar for All program, shall require the
participating low-income eligible customer to achieve the energy savings
required for such funding;
(g) Establish a process for identifying
noncontiguous geographic locations for community-based solar resources which,
to the extent practicable, must be located in communities with higher levels of
low-income eligible customers;
(h) Provide for the use of at least one utility
scale solar resource and at least three but not more than ten community-based
solar resources within the service territory of the electric utility;
(i) Require not less than 50 percent of the
employees engaged or anticipated to be engaged in construction of
community-based solar resources to be residents of this State, which residency
may be demonstrated, without limitation, by a notarized statement of the
employee that he or she is a resident of this State;
(j) Provide for a mechanism for the host sites of
community-based solar resources to receive compensation from the utility for
the use of such site;
(k) Provide for the use of a combination of new
and other renewable energy facilities, which may be either utility scale or
community-based solar resources, that were submitted to the Commission for
approval after May 1, 2018, and that were not placed into operation before
April 1, 2020;
(l) Provide for an application and selection
process for low-income eligible customers to participate in the program;
(m) Ensure reasonable and equitable participation
by low-income eligible customers within the service area of the electric
utility;
(n) Ensure that low-income eligible customers are
able to participate in the program regardless of whether the customer owns,
rents or leases the customers premises;
(o) Establish the requirements for a fully
bundled residential customer to certify that he or she cannot install solar
resources on his or her premises; and
(p) Establish standards for the form, content and
manner of submission of an electric utilitys plan for implementing the
expanded solar access program.
3. An electric utility shall file a plan
for implementing the expanded solar access program in accordance with the
regulations adopted by the Commission pursuant to subsection 2.
4. The Commission shall review the plan
for the implementation of the expanded solar access program submitted pursuant
to subsection 3 and issue an order approving, with or without modifications, or
denying the plan within 210 days. The Commission may approve the plan if it
finds that the proposed expanded solar access program complies with the
regulations adopted by the Commission pursuant to subsection 2.
5. In administering the provisions of this
section, the electric utility and the Commission shall establish as the
preferred sites for utility scale development of solar energy resources
pursuant to this section brownfield sites and land designated by the Secretary
of the Interior as Solar Energy Zones and held by the Bureau of Land
Management.
6. As used in this section:
(a) Brownfield site has the meaning ascribed to
it in 42 U.S.C. 9601.
(b) Community-based solar resource means a
solar resource which has a nameplate capacity of not more than 5 megawatts and
is owned and operated by the electric utility and connected to and used as a
component of the distribution system of the electric utility, and may include
resources for the storage of energy.
(c) Electric utility has the meaning ascribed
to it in NRS 704.187 .
(d) Electric utility that primarily serves
densely populated counties has the meaning ascribed to it in NRS 704.110 .
(e) Electric utility that primarily serves less
densely populated counties has the meaning ascribed to it in NRS 704.110 .
(f) Fully bundled residential customer means a
customer of an electric utility who receives energy, transmission, distribution
and ancillary services from an electric utility and is a single-family or a
multifamily residential customer.
(g) Low-income eligible customer means a
natural person or household who is a fully bundled residential customer of a
utility and has an income of not more than 80 percent of the area median income
based on the guidelines published by the United States Department of Housing
and Urban Development.
(h) Solar Energy Zone means an area identified
and designated by the Bureau of Land Management as an area well-suited for
utility-scale production of solar energy, and where the Bureau of Land
Management will prioritize solar energy and associated transmission
infrastructure development.
(i) Solar resource means a facility or energy
system that uses a solar photovoltaic device to generate electricity.
(j) Solar workforce innovations and opportunity
program means a workforce education, training and job placement program
developed by the Department of Employment, Training and Rehabilitation and its
appropriate regional industry or sector partnership, if applicable, in
conjunction with potential employers and community stakeholders.
(k) Utility scale solar resource means a solar
resource which has a nameplate capacity of at least 50 megawatts and is
interconnected directly to a substation of the electric utility through a
generation step-up transformer.

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