Existing law authorizes a person who intends to locate a facility for the generation of process heat from solar renewable energy, a wholesale facility for the generation of electricity from renewable energy or a facility for the storage of energy from renewable generation or a hybrid renewable generation and energy storage facility to apply to the Director of the Office of Energy within the Office of the Governor for a partial abatement of certain sales and use taxes or property taxes. (NRS 701A.360) Section 1 of this bill provides that, beginning January 1, 2030, a person may apply for such a partial abatement only if the facility will be located on previously disturbed lands or on or adjacent to farmland, mines or mine-scarred lands. Existing law requires each electric utility to submit to the Public Utilities Commission of Nevada every 3 years an integrated resource plan to increase the utility's supply of electricity or decrease the demands made on its system by its customers. Existing law provides that the integrated resource plan must include certain components, including, without limitation, a distributed resources plan. Existing law requires a distributed resources plan to include an evaluation of the locational benefits and costs of distributed resources which is based on certain factors. (NRS 704.741) Section 2 of this bill requires the distributed resources plan to also include an evaluation of the locational benefits and costs of microgrids, off-grid systems and shared power generation and adds the impact on historically underserved communities and natural, cultural, historical and recreational resources and rural economic development to the list of factors on which the evaluation must be based. Existing law requires the distributed resources plan to identify any additional spending necessary to integrate cost-effective distributed resources into distribution planning consistent with the goal of yielding a net benefit to customers. (NRS 704.741) Section 2 requires the distributed resources plan to identify additional spending necessary to integrate cost-effective distributed resources, microgrids, off-grid systems and shared power generation into distribution planning consistent with the goal of yielding a net benefit to customers of the electric utility, including, without limitation, eligible customers, and minimizing impacts on natural, cultural, historical and recreational resources. Existing law requires the Commission to convene a public hearing on the adequacy of the integrated resource plan filed by an electric utility and, following the hearing, to make certain determinations regarding the integrated resource plan, including, without limitation, whether the plan adequately demonstrates the economic, environmental and other benefits to the State associated with certain measures and sources of supply. Existing law requires the Commission to give preference to measures and sources of supply which meet certain criteria. (NRS 704.746) Section 3 of this bill revises the list of measures and sources of supply. Existing law requires the Commission to designate renewable energy zones and revise designated renewable energy zones as the Commission deems necessary. (NRS 704.741) Existing law requires the integrated resource plan filed by an electric utility to include a proposal for annual limits on the energy and capacity that certain eligible customers are authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted on or after May 16, 2019. (NRS 704.746) Section 2 revises the definition of the term “renewable energy zones” to include certain mining lands, locations for agrivoltaics, brownfield sites and developed urban areas. Section 3 requires the Commission, in considering whether to accept or modify a proposal by an electric utility for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources, to consider whether the proposed annual limits encourage the development and use of renewable energy resources in the renewable energy zones designated by the Commission. Section 3 also requires the Commission, in considering whether the proposed annual limits further the public interest, to consider whether the proposed annual limits enable distributed generation and storage of renewable energy. Existing law requires a person who wishes to obtain a permit for a utility facility to file an application with the Commission. (NRS 704.870) Section 4 of this bill revises the information that is required to be included in the application. Existing law prohibits the Commission from granting a permit for the construction, operation and maintenance of a utility facility unless the Commission first makes certain findings. (NRS 704.890) Section 5 of this bill revises the findings which the Commission is required to make to take into account the effect of the utility facility on the natural, cultural, historical or recreational resources of this State. Existing law requires each governing body of a county or city to establish a process for the issuance of a special use permit for the construction of a renewable energy generation project with a nameplate capacity of 10 megawatts or more. (NRS 278.26503) Sections 7-15 of this bill establish various requirements for a board of county commissioners in a county whose population is less than 700,000 (currently all counties except Clark County) if the board elects to adopt an ordinance establishing requirements for the construction, deconstruction, decommissioning or siting of a commercial solar energy facility. Sections 8-11 of this bill define various terms relating to a commercial solar energy facility. Section 12 of this bill limits the applicability of the provisions of sections 7-15 to counties whose population is less than 700,000. Section 13 of this bill: (1) authorizes such a board of county commissioners to adopt an ordinance establishing requirements for the construction, deconstruction, decommissioning or siting of a commercial solar energy facility; and (2) prohibits such a board of county commissioners from adopting requirements that are more stringent than the requirements set forth in sections 7-15. Section 13 also provides that an ordinance or regulation adopted by a board of county commissioners that conflicts with or is more stringent than the provisions of sections 7-15 is null and void. Section 14 of this bill establishes certain requirements for such an ordinance relating to commercial solar energy facilities including, without limitation: (1) setback requirements for siting a commercial solar energy facility; (2) various requirements for a facility owner of a commercial solar energy facility; and (3) requirements for a facility owner to enter into a road use agreement under certain circumstances. Section 14 further prohibits such an ordinance from: (1) establishing unreasonable application fees; (2) establishing commercially unreasonable requirements for the construction, deconstruction, decommissioning or siting of a commercial solar energy facility; (3) conditioning the approval of the board on a guarantee of property value; or (4) requiring a facility owner to compensate a neighboring property. Section 15 of this bill requires a board of county commissioners to hold at least one public hearing not more than 45 days after an application for a special use permit for a commercial solar energy facility is filed with the board and to issue a decision on the application not more than 30 days after holding the public hearing. Section 16 of this bill makes conforming changes to provide that: (1) any process established by such a governing body for a special use permit must be consistent with the requirements set forth in sections 7-15; and (2) the requirement to hold a public hearing not more than 45 days after receiving an application for a commercial solar energy facility is an exception to the existing requirement to hold a public hearing not more than 65 days after receiving an application for a special use permit for the construction of a renewable energy generation project with a nameplate capacity of 10 megawatts or more. Section 17 of this bill requires the Joint Standing Interim Committee on Growth and Infrastructure to conduct an interim study concerning the development of a statewide renewable energy plan to provide for the efficient and coordinated placement of renewable energy generation projects and energy storage systems in locations that will have the fewest potential conflicts with adjacent land uses, historically underserved communities and the natural, cultural, historical and recreational resources of this State. Section 17 also requires the Committee to submit, with the results of the study, a map and a written description of identified areas of this State where renewable energy generation projects and energy storage systems could be sited with the fewest potential conflicts with adjacent land uses, historically underserved communities and natural, cultural, historical and recreational resources.

Statutes affected:
As Introduced: 701A.360, 704.741, 704.746, 704.870, 704.890, 278.26503
BDR: 701A.360, 704.741, 704.746, 704.870, 704.890, 278.26503