NRS 598.9817 Power purchase agreement: Contents.
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/nv/chapter-598-deceptive-trade-practices/598-9817·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
NRS 598.9817 Power purchase agreement: Contents. A power purchase agreement for the sale of the output 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, electronic mail address and number of the contractor’s license of the solar installation company.
2. The name, mailing address, telephone number and electronic mail address of:
(a)The provider of the distributed generation system; and
(b)The name, mailing address, telephone number and electronic mail address of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company.
3. The length of the term of the agreement.
4. An estimated timeline for the installation of the distributed generation system.
5. The payments made during the first year of the agreement for the price of electricity, which includes, without limitation, the price per kilowatt-hour of electricity and the price per monthly system electrical output.
6. The estimated annual electrical output of the distributed generation system.
7. The rate of any increase in the payments to be made during the term of the agreement and, if applicable, the date of the first such increase.
8. A description of any obligation the solar installation company has regarding construction and repair of and insurance for the distributed generation system.
9. A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger any late fees.
10. A description of any:
(a)Taxes due at the commencement of the agreement; and
(b)Estimation of taxes known to be applicable during the term of the agreement, subject to a change in the state or local tax rate or tax structure.
11. A copy of the warranty for the distributed generation system.
12. A description of the ownership of any tax credits, tax rebates, tax incentives or portfolio energy credits in connection with the distributed generation system.
13. Any terms for renewal of the agreement.
14. A description of any option to purchase the distributed generation system before the end of the term of the agreement.
15. A description of all options available to the host customer in connection with the continuation, termination or transfer of the agreement 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 host customer may transfer the obligations under the agreement to the purchaser or transferee of the property, the conditions for any such transfer and the process to complete a payoff of any amount owed under the agreement; or
(b)Death of the purchaser.
16. The granting to the purchaser of the right to rescind the agreement for a period ending not less than:
(a)For a host customer who is less than 60 years of age, 3 business days after the agreement is signed.
(b)For a host customer who is 60 years of age or older, 10 business days after the agreement is signed.
17. A description of any restrictions that the agreement imposes on the modification or transfer of the property to which the distributed generation system is affixed.
18. A description of any guarantees of the performance of the distributed generation system.
19. A disclosure notifying the host customer of the transferability of the obligations under the warranty to a subsequent purchaser.
20. The granting to the host customer of the right to rescind the agreement pursuant to NRS 598.982145 .
21. A provision that provides that the host customer is not required to pay any money under the agreement, other than an initial down payment or deposit 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.
22. 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 the solar modules of the distributed generation system; and
(c)The manufacturer of any racking system of the distributed generation system.
23. A provision requiring the host customer 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.
24. A provision requiring the host customer 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.
25. A provision that provides that the host customer is liable for any damages caused by the failure of the purchaser to comply with the provisions of any agreement set forth in subsection 24.
26. A signature block that is signed and dated by the purchaser and the solar installation company.
27. A statement describing the due dates of any payments.