NRS 598.9811 Agreement for lease of distributed generation system: Contents. [Effective through December 31, 2027.]
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NRS 598.9811 Agreement for lease of distributed generation system: Contents. [Effective through December 31, 2027.] An agreement for the lease of a distributed generation system must include, without limitation, the following information in at least 10-point font:
1. The name, mailing address, telephone number and number of the contractor’s license of the solar installation company.
2. The name, mailing address and telephone number of:
(a)The lessor of the distributed generation system; and
(b)The name, mailing address and telephone number of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.
3. An estimated timeline for the installation of the distributed generation system.
4. The length of the term of the lease.
5. A general description of the distributed generation system.
6. The amounts due at the signing for and at the completion of the installation or any inspection of the distributed generation system.
7. A description of any warranties.
8. The amount of the:
(a)Monthly payments due under the lease; and
(b)Total payments due under the lease, excluding taxes.
9. A description of any other one-time or recurring charges, including, without limitation, a description of the circumstances that trigger any late fees.
10. A description of any obligation the lessor has regarding the installation, repair or removal of the distributed generation system.
11. A description of any obligation the lessor has regarding construction of and insurance for the distributed generation system.
12. A description of any:
(a)Taxes due at the commencement of the lease; and
(b)Estimation of taxes known to be applicable during the term of the lease, subject to any change in the state or local tax rate or tax structure.
13. A copy of all warranties for the distributed generation system, each of which must be acknowledged by the initials of the lessee.
14. A disclosure notifying the lessee of the transferability of the obligations under the warranty to a subsequent lessee.
15. The identification of any state or federal tax incentives that are included in calculating the amount of the monthly payments due under the lease.
16. A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.
17. Any terms for renewal of the lease.
18. A description of any option to purchase the distributed generation system before the end of the term of the lease.
19. A description of all options available to the lessee, in connection with the continuation, termination or transfer of the lease in the event of the:
(a)Sale or transfer of the property to which the distributed generation system is affixed, including, without limitation, whether the lessee may transfer the obligations under the lease to the purchaser or transferee of the property, the conditions of any such transfer and the process to complete a payoff of any amount owed under the lease; or
(b)Death of the lessee.
20. A description of any restrictions that the lease imposes on the modification or transfer of the property to which the distributed generation system is affixed.
21. The granting to the lessee of the right to rescind the lease for a period ending not less than:
(a)For a lessee who is less than 60 years of age, 3 business days after the lease is signed.
(b)For a lessee who is 60 years of age or older, 10 business days after the lease is signed.
22. An estimate of the amount of electricity that could be generated by the distributed generation system in the first year of operation.
23. The granting to the lessee of the right to rescind the lease pursuant to NRS 598.982145 .
24. A provision indicating that the provisions of the agreement are binding and inure to the benefit of the successors and assigns of the parties to the agreement.
25. A provision that provides that the lessee is not required to make any payments under the lease, other than an initial down payment or deposit that may be charged in an amount that does not exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, until:
(a)If the distributed generation system will be connected to the power grid, the distributed generation system receives permission from the appropriate public utility to connect to the power grid.
(b)If the distributed generation system will not be connected to the power grid, the distributed generation system passes a final inspection and becomes operational.
26. The duties of the solar installation company if the distributed generation system fails to meet the estimated amount of production in the first year of operation, as set forth pursuant to paragraph
(g)of subsection 2 of NRS 598.9809 . Such duties must include, without limitation, the duty to, if the distributed generation system has not met that amount of production 1 year after the date on which the distributed generation system received permission from the appropriate public utility to connect to the power grid or, if the distributed generation system is not connected to the power grid, 1 year after the date on which the distributed generation system passes a final inspection and becomes operational:
(a)Take any actions necessary to ensure that the distributed generation system will meet that amount of production in the following year, including, without limitation, by the installation of additional equipment or repair to any existing equipment; or
(b)Take both of the following actions:
(1)Provide notice to the lessee acknowledging that the distributed generation system has not met the estimated amount of production in the first year of operation; and
(2)If the distributed generation system has not met that estimated amount of production 1 year after the notice is sent, take the actions described in paragraph (a).
27. On a separate page, a thorough explanation of the estimated production of the distributed generation system and offset, which must include, without limitation, an explanation:
(a)Of how the estimated production of the distributed generation system and offset are calculated, including, without limitation, the fact that such calculations are based on available data on prior consumption;
(b)Of the effects of the behavior of the lessee with respect to the amount of the offset, including, without limitation, the fact that any change in consumption by the lessee will impact the estimated offset, or savings, in relation to the production and the possibility that the power bill of the lessee may increase based on his or her consumption; and
(c)That the lessee will always receive a power bill if the premises of the lessee is connected to the power grid.
28. The following information concerning the parts of the distributed generation system:
(a)The make and model of all inverters of the distributed generation system;
(b)The make, model and power class of all solar modules of the distributed generation system; and
(c)The manufacturer of any racking system of the distributed generation system.
29. A provision requiring the lessee to fully and accurately disclose all material information relating to the property to which the distributed generation system will be affixed that may affect the installation of the distributed generation system, including, without limitation, any relevant modifications to the electrical service of the property.
30. A provision requiring the lessee to promptly execute any agreements with a public utility that are necessary and provide to the solar installation company any information that is necessary for the completion of the installation of the distributed generation system.
31. A provision that provides that the lessee is liable for any damages caused by the failure of the purchaser to comply with the provisions of any agreement set forth in subsection 30.
32. A signature block that is signed and dated by the lessor and the lessee of the distributed generation system.