Definitions

6-1-1801. Definitions. As used in this part 18, unless the context otherwise requires: (1) (a) Agreement means an agreement between a solar sales company and a consumer that is in the form of: (I) A contract for the purchase of a residential solar electric system or residential battery energy storage system; (II) A lease for a third-party-owned residential solar electric system or residential battery energy storage system; or (III) A power purchase agreement. (b) Agreement includes both cash purchases and financed purchases of residential solar electric systems or residential battery energy storage systems. (2) Consumer means an individual who seeks or acquires a residential solar electric system or residential battery energy storage system for personal, family, or household purposes. (3) Financing agreement means an agreement involving credit offered or extended to a consumer to acquire a residential solar electric system or residential battery energy storage system primarily used for personal, family, or household purposes. (4) Lease means a contract in the form of a bailment or lease for the use of a residential solar electric system or residential battery energy storage system by a consumer primarily used for personal, family, or household purposes, for a period exceeding four months and for a total contractual obligation not exceeding the applicable threshold amount, pursuant to applicable federal regulations, whether or not the lessee has the option to purchase or otherwise become the owner of the residential solar electric system or residential battery energy storage system upon the expiration of the lease. (5) Power purchase agreement means a financial agreement in which a solar sales company arranges for the design, permitting, financing, and installation of a residential solar electric system or residential battery energy storage system and sells the power generated from or stored by the system to a consumer. (6) Residential battery energy storage system means a system or facility that: (a) Stores electricity to be used at a later time; (b) Uses solar energy or grid energy to recharge; (c) Is located on the real property of a customer of an electric utility; (d) Is connected on the customer's side of the electricity meter; (e) Provides stored electricity primarily to offset customer load on the customer's real property; and (f) Is primarily used for personal, family, or household purposes. (7) Residential solar electric system means a system or facility that: (a) Uses solar energy to generate electricity; (b) Is located on the real property of a customer of an electric utility; (c) Is connected on the customer's side of the electricity meter; (d) Provides electricity primarily to offset customer load on the customer's real property; and (e) Is primarily used for personal, family, or household purposes. (8) Salesperson means an employee of or independent contractor hired by a solar sales company who solicits, sells, negotiates, or executes agreements for residential solar electric systems or residential battery energy storage systems. (9) (a) Solar installation company means an entity that installs a residential solar electric system or residential battery energy storage system on behalf of a consumer or a third party from whom a consumer will: (I) Lease the residential solar electric system or residential battery energy storage system; or (II) Purchase electricity generated by the system. (b) Solar installation company does not include: (I) An entity that is a third-party owner or financier of a residential solar electric system or residential battery energy storage system that does not install the system; or (II) A consumer who self-installs a residential solar electric system or residential battery energy storage system. (10) (a) Solar sales company means: (I) An entity that engages in a transaction with a consumer to sell, or negotiate or execute a contract for the sale of, a residential solar electric system or residential battery energy storage system; or (II) An entity that engages in a transaction with a consumer to lease, or enter into a power purchase agreement for, a residential solar electric system or residential battery energy storage system that is owned by a third party from whom the consumer will: (A) Lease the residential solar electric system or residential battery energy storage system; or (B) Purchase electricity generated from or stored by the system. (b) Solar sales company includes a person that engages in the sale of a residential solar electric system or residential battery energy storage system that is not registered with the Colorado secretary of state. (c) Solar sales company does not include: (I) An entity that is a third-party owner or financier of a residential solar electric system or residential battery energy storage system that does not sell the system; or (II) A consumer who self-installs a residential solar electric system or residential battery energy storage system. (11) System means a residential solar electric system or residential battery energy storage system. (12) Uniform Commercial Code means the Uniform Commercial Code codified in title 4. Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2420, � 2, effective August 6.