Judge rules rooftop solar measure doesn’t qualify as referendum

CARSON CITY — A Carson City district judge on Monday dealt a major blow to proponents of a referendum seeking to restore Nevada’s net metering program to more favorable rates for rooftop solar customers.

Carson City District Judge James Russell said the referendum proposed by the No Solar Tax political action committee is actually an initiative, meaning the proposal cannot go to the voters in November.

Instead, the pro-solar groups need to file an initiative petition to restore the net metering program to its original rates, which would first have to go to the Legislature in 2017 and then to voters in 2018 if lawmakers did not approve the proposal.

But Russell stayed his ruling to allow the pro-solar coalition to appeal his decision to the Nevada Supreme Court. In the meantime, the solar groups can collect signatures on the referendum petition to qualify it by a June deadline.

If the Supreme Court rules that a referendum is proper, the measure then would be ready for the 2016 ballot if enough valid signatures can be collected by the deadline.

But, based on Russell’s ruling, the solar coalition will also file an initiative petition to take the proposal to the Legislature in 2017.

So solar groups will move forward with a two-pronged approach: a referendum in November if the proposal is upheld on appeal, and an initiative petition if it is not.

As a result, the No Solar Tax political action committee will begin to collect the 55,234 valid signatures needed from registered Nevada voters, including at least 13,809 signatures from each of state’s four congressional districts, by June 21 to get the referendum on the November general election ballot.

There is no guarantee that the measure will make it to the 2016 ballot, however, based on Russell’s ruling. The Supreme Court will have the final say.

Referendums are rare in Nevada. Only five have ever gone to the ballot.

The referendum proposes to repeal certain language in a bill passed by the 2015 Legislature requiring the Nevada Public Utilities Commission to set a new rate class for net metering customers. The effect would be to return Nevada’s rooftop solar program to pre-2016 rates, which were more financially advantageous to those choosing to install systems.

The solar coalition will also collect signatures for the initiative petition, which would accomplish the same goal but take longer. The group has until Nov. 8 to qualify an initiative petition with the same 55,234 signatures.

Carson City attorney James Cavilia, who filed the challenge on behalf of Citizens for Solar and Energy Fairness, argued that because the referendum proposes to delete only certain sections of the bill passed by the 2015 Legislature requiring a review of net metering, it does not qualify as a referendum. NV Energy sought the legal challenge to the referendum.

After an hourlong hearing, Russell agreed, saying it is really an amendment to a state statute.

Russell questioned the attorneys about whether the proposal is a referendum or initiative petition, noting that only parts of the statute were being proposed to go to the voters. He asked attorney Kevin Benson, representing the No Solar Tax group, if an initiative petition could have been filed instead of a referendum.

“We could have,” Benson said. “We chose not to.”

The Legislature has already acted on the issues in the referendum, he said. The referendum will allow voters to more quickly act on the issue, Benson said.

Cavilia had no comment on the ruling.

Rooftop solar groups want voters to weigh in on whether net metering rates in effect prior to Jan. 1 should be restored. The rates were changed by state regulators to correct what they said was a subsidy to rooftop solar customers paid by nonsolar customers.

The new rates include a lower credit for excess electricity generated by rooftop systems as well as a higher monthly fixed charge for net metering customers. The new rates will be fully implemented over 12 years.

The rooftop solar industry said the new rates destroyed the rooftop solar industry in Nevada, along with hundreds of jobs.

Contact Sean Whaley at swhaley@reviewjournal.com or 775-461-3820. Find him on Twitter: @seanw801

Local Videos
I-15 traffic jam
A semitrailer stopped in the middle of Interstate 15 near Charleston Boulevard has slowed traffic in central Las Vegas Wednesday morning, April 17, 2019. (Mat Luschek/Las Vegas Review-Journal)
Rainy Tuesday
The Las Vegas Valley saw cooler temperatures and rain Tuesday afternoon. (Mat Luschek / Review-Journal)
Tiger Woods Bettor Collects
James Adducci bet $85k on Tiger Woods to win the Masters. He collected his $1.19M from William Hill sports bet in the SLS today. (Mat Luschek /Review-Journal)
Endangered frogs released at Springs Preserve
Dozens of endangered Relic Leopard Frogs were released at the Cotton Grove inside Springs Preserve in Las Vegas, Thursday, April 11, 2019
Vintage World War II aircraft arrive at Henderson Executive Airport
The Collings Foundation Wings of Freedom tour comes to Henderson Executive Airport with a B-17 Flying Fortress, B-24 Liberator, B-25 Mitchell, P-51 Mustang and a P-40 Warhawk. (Michael Quine/Las Vegas Review-Journal)
Honoring Pearl Harbor veteran
Ed Hall, a Pearl Harbor veteran in Las Vegas, is honored with Quilt of Valor during an event in a Las Vegas. (Erik Verduzo/Las Vegas Review-Journal)
UNLV Anthropology professors excavate Maya ruin site of Caracol, Belize for 36 years
The husband-and-wife team of UNLV anthropologists has spent several months a year at the remote site of Caracol in the jungles of Belize, excavating ruins and uncovering secrets from the region’s once-dominant civilization. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Things to remember when adopting a rabbit this Easter season
As Easter and spring time approach, some people may be tempted to adopt a rabbit for the holiday. But like adopting any animal, it is important to be responsible and know what a rabbit requires to be a happy, healthy pet. (Mat Luschek / Review-Journal)
Bike Giveaway in Las Vegas - Piero’s Italian Cuisine
Evan Glusman of Piero’s Italian Cuisine hosted a party in the restaurant’s parking lot to distribute over 150 bikes to local kids. (Al Mancini/Las Vegas Review-Journal)
New Charleston/I-15 ramp configuration
The new Interstate 15/ Charleston Boulevard ramp configuration was unveiled Tuesday morning. (Mick Akers/Las Vegas Review-Journal)
Northwest Vegas farm's abandoned pig problem
Someone abandoned a several hundred pound pig at Sharon Linsenbardt's farm. Her farm is a rescue for animals, but she doesn't have room or resources to take on another such creature, so she's asking the community for help. (Mat Luschek / Review-Journal)
Chalk Talk: Black Student Union
Students talk about the Black Student Union in the latest episode of Chalk Talk. (Angus Kelly and Amelia Pak-Harvey/ Las Vegas Review-Journal)
Individuals with Parkinson's Disease participate in dance class
Pamela Lappen leads a dance class for individuals with Parkinson's Disease at the Nevada Ballet Theatre in Las Vegas, Thursday, March 28, 2019. Caroline Brehman/Review-Journal
Animal Foundation Preps Pups For Best In Show
The Las Vegas Animal Foundation is preparing its prime pups for their 16th annual Best in Show event, which takes place at the end of April. (Mat Luschek / Review-Journal)
Dog Yoga At Hydrant Club
The Hydrant Club in downtown Las Vegas, is a social club for dogs and their people. Recently the club started hosting dog yoga. (Mat Luschek/Review-Journal)
Butterflies At The Springs Preserve
The butterfly habitat is now open at the Springs Preserve. Learn about butterflies and take in the peaceful surroundings. (Mat Luschek / Review-Journal)
The Bellagio Conservatory's spring display has a Japanese theme
The Bellagio's conservatory is hosting around 65,000 flowers, to form a Japanese theme this spring. (Mat Luschek / Review-Journal)
Bonnie Springs closes (Caroline Brehman/Kimber Laux)
Bonnie Springs Ranch near Las Vegas officially closed its gates Sunday, March 17, 2019. (Las Vegas Review-Journal)
Honoring a fallen North Las Vegas Police officer at his namesake school
The 20th Annual Raul P. Elizondo Honor Day celebrates the fallen North Las Vegas Police officer's legacy at his namesake school. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Windy day in Las Vegas Valley
The Review-Journal's camera on the under-construction Las Vegas Stadium the was buffered by high winds on Wednesday, March 14, 2019. (Las Vegas Review-Journal)
March gloom falls on Las Vegas
After a rainy overnight, gloomy skies hover over Las Vegas Tuesday morning. (Mat Luschek/Review-Journal)
John Katsilometes gets his head shaved at St. Baldrick's
Las Vegas Review-Journal man-about-town columnist John Katsilometes gets his head shaved by former Las Vegas Mayor Oscar Goodman during St. Baldrick's Foundation shave-a-thon on the Brooklyn Bridge at New York-New York in Las Vegas Friday, March 8, 2019. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
The Blue Angels take flight over Las Vegas Strip
The Blue Angels’ U.S. Navy Flight Demonstration Squadron flew their signature Delta formation over a part of the Las Vegas Strip, McCarran International Airport and east Las Vegas and were scheduled to fly over Hoover Dam. (Michael Quine/Las Vegas Review-Journal) @Vegas88s
Gross World Records
A group of about 20 children gathered around a TV at Sahara West Library on Feb. 27 for a history lesson on the most disgusting world records.
Graduation for Renewing HOPE program
The Renewing HOPE program graduation for homeless who spend nine months in Catholic Charities program. Graduates are preparing to enter the workforce. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
Car crashes into Starbucks near Las Vegas Strip
Lt. William Matchko of the Las Vegas Metropolitan Police gives details about a car crashing into a Starbucks at Sahara Avenue and Paradise Road, near the Las Vegas Strip, on Friday, March 1, 2019. (Jessica Terrones/Las Vegas Review-Journal)
Car crashed into PT’s Gold
A 60-year-old man who police believe was impaired drove into a PT’s Gold at Silverado Ranch and Decatur boulevards Thursday night, Metropolitan Police Department Lt. William Matchko said. The driver was hospitalized and is expected to survive. A man inside the bar was hit by debris but drove himself to the hospital, Matchko said. (Katelyn Newberg/ Las Vegas Review-Journal)
Driver crashes vehicle into PT’s tavern in south Las Vegas (part 1)
A driver suspected of impairment crashed a vehicle into the wall of a PT’s Gold tavern, at 4880 W. Silverado Ranch Blvd., in Las Vegas on Thursday, Feb. 28, 2019. (Katelyn Newberg/Las Vegas Review-Journal)
Driver crashes vehicle into PT’s tavern in south Las Vegas (pullout)
A driver suspected of impairment crashed a vehicle into the wall of a PT’s Gold tavern, at 4880 W. Silverado Ranch Blvd., in Las Vegas on Thursday, Feb. 28, 2019. (Katelyn Newberg/Las Vegas Review-Journal)
Kids Read Books To Dogs At The Animal Foundation In Las Vegas
Kids from local Las Vegas elementary schools took part, Thursday, in a program at the Animal Foundation, where they read books to dogs. (Mat Luschek/Review-Journal)
It is a rainy Valentine's Day in Las Vegas - Video
These scenes come from the Las Vegas Stadium LiveCam (Las Vegas Review-Journal)
Business Videos
Former Starbucks CEO Howard Schultz at Las Vegas convention
Former Starbucks CEO and potential presidential candidate Howard Schultz spoke at the Epicor Insights user conference at Mandalay Bay Convention Center Wednesday, April 17, 2019. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Drew Las Vegas to open in the second quarter of 2022
The 67-story Drew Las Vegas is slated to open in the second quarter of 2022 at the north end of the Las Vegas Strip. (Michael Quine/Las Vegas Review-Journal)
NAB Day 1 (Time Lapse)
NAB kicked off at the Las Vegas Convention Center on Monday, April 8, 2019. (Mat Luschek / Review-Journal)
National Association of Broadcasters Show shows 1mm thick 8K TV with 22.2 channel digital sound
Japan’s NHK Science & Technology Research Laboratories booth featured a 1mm thick 8K TV system used in conjunction with a 22.2 channel digital sound system at the National Association of Broadcasters Show at the Las Vegas Convention Center. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Nevada shoppers react to Smith’s no longer accepting Visa credit cards
On March 1, Smith’s announced that it would no longer be accepting Visa credit cards at any of its 142 supermarkets, including the 45 in Nevada.
Massachusetts Gaming Commission asks how long Wynn executives knew about misconduct
Business reporter Rick Velotta gives an update on the adjudicatory hearing on the suitability of Wynn Resorts to retain its gaming license in Massachusetts.
Henderson app developer part of Startup in Residence
Henderson based developers of the app On Point Barricade are taking part in Startup in Residence, a North America program dedicated to pairing tech companies with governments. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Sam's Town employees and customers talk of their love for the iconic casino
Longtime Sam's Town employees and customers love each other and love their casino. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Las Vegas apartments rents
Las Vegas’ apartment market has accelerated in recent years. Developers are packing the suburbs with projects, landlords are on a buying spree, and tenants have filled buildings.
William Boyd talks about the birth of Sam's Town
On the eve of the 40th anniversary of Sam's Town, William Boyd, executive chairman of Boyd Gaming and son of hotel namesake Sam Boyd, talks about how the casino became one of the first local properties in Las Vegas. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
High Roller observation wheel turns five
The world’s tallest observation wheel celebrates it’s fifth year on Sunday, March 31, 2019. (Michael Quine/Las Vegas Review-Journal) @Vegas88s
Escape Room Industry Growing In Las Vegas
Escapology employees discuss the growing escape room industry in the U.S. and Las Vegas. (Bailey Schulz/Las Vegas Review-Journal)
Impact of parking fees on visiting the Las Vegas Strip
There are no data showing a relationship between Strip resort and parking fees and the number of out-of-state visitors to Las Vegas. But there are data showing a relationship between Strip parking fees and the number of local visitors to the the Strip. ‘’As a local, I find myself picking hotels I visit for dinner or entertainment, based on whether they charge for parking or not,”’ said David Perisset, the owner of Exotics Racing. ‘’It is not a matter of money, more of principle.’’ A 2018 survey by the Las Vegas Global Economic Alliance found 36.9 percent of Clark County residents reported avoiding parking at Strip casinos that charge for parking. 29.1 percent reported avoiding using any services from a Strip casino that charges for parking.
MGM's sports betting deals
MGM Resorts International signed a sports betting sponsorship agreement with the NBA in July It was the first professional sports league to have official ties with a legal sports betting house. The deal came just two months after the U.S. Supreme Court overturned a law prohibiting sports betting in most states. In October, MGM became the first gaming company to sign a sports betting partnership with the NHL. In November, MGM became the first gaming company to sign a sports betting partnership with the MLB. Financial terms of Tuesday’s deal and earlier partnerships have not been announced.
Faraday puts Las Vegas land on the market
Nearly two years after Faraday Future bailed on its North Las Vegas auto factory, the company has put its land up for sale. (Michael Quine/Las Vegas Review-Journal)
El Cortez owner Kenny Epstein on running the iconic property
Kenny Epstein, owner of the El Cortez Hotel in downtown Las Vegas, talks about Jackie Gaughan mentorship and answers rumors about bodies in the basement at the mob-era casino. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
LVCVA recommends construction of underground people mover
The Las Vegas Convention and Visitors Authority announced the recommendation for an underground people mover for the convention center. The system would have the potential to expand and connect Downtown and the resort corridor all the way to McCarran. (Michael Quine/ Las Vegas Review-Journal)
LVCVA/Boring Company Press Conference
The Las Vegas Convention and Visitors Authority announced a collaboration with Elon Musk's The Boring Company to develop and operate an autonomous people mover system for the Las Vegas Convention Center District.
International Pizza Expo includes green and gluten free
The International Pizza Expo at Las Vegas Convention Center included companies focused on vegan and gluten free, and plant-based pizza boxes. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
International Pizza Expo kicks off in Las Vegas
The first day of the International Pizza Expo at Las Vegas Convention Center is everything Pizza. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
T-Mobile program aids guests with sensory needs
A program at T-Mobile Arena is designed to provide a more sensory friendly experience for guests.
Photo Booth Expo
Danielle May talks about how Simple Booth transformed her Volkswagen bus into a business.
Nevada Gaming Commission's highest fines
The highest fines assessed by the Nevada Gaming Commission, according to commission Chairman Tony Alamo: 1) Wynn Resorts Ltd., $20 million, 2019 2) CG Technology (then known as Cantor G&W Holdings), $5.5 million, 2014 3) The Mirage, $5 million ($3 million fine, $2 million compensatory payment), 2003 4) Stardust, $3 million, 1985 5) Santa Fe Station, $2.2 million ($1.5 million fine, $700,000 compensatory payment), 2005 6) Las Vegas Sands, $2 million, 2016 7) CG Technology, $1.75 million, 2018 8) CG Technology, $1.5 million (also $25,000 in escrow for underpaid patrons), 2016 9) Caesars Entertainment, $1.5 million, 2015 10) Imperial Palace, $1.5 million, 1989 11) Peppermill Casinos, $1 million, 2014
Tiny Pipe Home vs Shipping Crate
A Tiny pipe home was displayed at the International Builders Show this week in Las Vegas.
Auto repair shortage affects Las Vegas
The auto repair industry is facing a national shortage of workers.
Franchising industry booming
Experts say Las Vegas is a hotbed for the franchise industry.
Africa Love owner talks about his store in Las Vegas
Mara Diakhate, owner of Africa Love, gift and decor store, talks about his store in Las Vegas. (Bizuayehu Tesfaye/ Las Vegas Review-Journal) @bizutesfaye
Developer gets approval to build homes at Bonnie Springs
The Clark County Planning Commission has approved a plan to build 20 homes on the site of Bonnie Springs Ranch. (Michael Quine/Las Vegas Review-Journal)
Dig This opens new location In Las Vegas
Remember when you were a kid and played with construction toys in the sand box? Dig This Las Vegas has the same idea, except instead of toy bulldozers, you get to play with the real thing. (Mat Luschek/Review-Journal)
Town Square developer Jim Stuart building again in Las Vegas
Las Vegas’ real estate bubble took developers on a wild ride, something Jim Stuart knows all too well. (Las Vegas Review-Journal)
TOP NEWS
Home Front Page Footer Listing