Agreements for residential solar electric systems or residential battery energy storage systems - disclosures to consumer required

6-1-1803. Agreements for residential solar electric systems or residential battery energy storage systems - disclosures to consumer required. (1) (a) Before entering into an agreement with a consumer for a residential solar electric system or residential battery energy storage system, a solar sales company shall provide to the consumer a written disclosure form that is not more than four pages in length and contains the following information, in a font no smaller than ten points: (I) The name, physical address, telephone number, and email address of: (A) The solar sales company; (B) The solar installation company, if different than the solar sales company; and (C) The system maintenance provider, if different than the solar sales company; (II) If the solar sales company does not communicate with consumers by telephone, another method of communication in addition to email; (III) The payment schedule for up-front costs, including payments due at signing, commencement of installation, and completion of installation, if applicable; (IV) System design assumptions, including system size, estimated first-year production, estimated annual system production degradation, presence of energy storage, energy storage capacity, and a description of the equipment needed to provide backup power; (V) A disclosure notifying the consumer whether and to what extent system maintenance and repairs are included in the system agreement and any system maintenance costs for which the consumer will be responsible; (VI) A disclosure describing warranties for the repair of any damage to the consumer's real property in connection with system installation or removal; (VII) A description of applicable performance or production guarantees; (VIII) A description of the basis for any cost-savings estimates that were provided to the consumer, if applicable, which description must include the applicable utility rates and energy and delivery costs, the expected utility bill savings based on the consumer's prior twelve months of utility bills, and the estimated system production and status of utility compensation for excess energy generated by the system at the time of contract signing; (IX) A disclosure concerning the potential availability of renewable energy credits, if applicable, including an explanation of what renewable energy credits are and how to find out more about them; (X) Information regarding the operational capabilities of a residential solar electric system or residential battery energy storage system, as applicable, during an electrical outage; (XI) The following statement: Estimates of cost savings are based on best calculations from the previous twelve months of utility bills, or, if twelve months of utility bills are not available, a reasonable estimate of cost savings. The assumptions, such as the rate your utility charges for electricity, that are used to estimate cost savings may change. There may be utility fees that cannot be offset with solar, and compensation for excess electricity sent back to the grid may be credited to your bill by the utility at rates below what you pay for electricity. For further information regarding rates, you may contact your local utility or, if your local utility is an investor-owned utility, the public utilities commission. Tax and other state and federal incentives offered are subject to change or termination by executive, legislative, or regulatory action, which may impact savings estimates. Please read your contract carefully for more details. (XII) A disclosure that the solar sales company is not affiliated with the local utility; (XIII) The following statement: The interconnection procedures for a residential solar energy system or residential battery energy storage system are subject to the policies of the local utility. For information on the specific interconnection policies and procedures applicable to your system, you should contact your local utility or, if your local utility is an investor-owned utility, the public utilities commission. (XIV) A summarized explanation of the maintenance, operations, and monitoring requirements of the system including an explanation of equipment and labor warranties; and (XV) A disclosure about the impact of installing a residential solar energy system on any existing roof warranties. (b) A solar sales company shall offer consumers a sales presentation in both English and Spanish, if requested, and shall provide a consumer the disclosure form described in subsection (1)(a) of this section in the language in which the sales presentation was made to the consumer. (c) A solar sales company shall address concerns raised by a consumer regarding the disclosure form provided pursuant to subsection (1)(a) of this section during the welcome call conducted pursuant to section 6-1-1809. (2) In the case of a lease for a residential solar electric system or residential battery energy storage system in which a solar sales company is the lessor, the written disclosure form required pursuant to subsection (1) of this section must also include the following information: (a) The length of the lease; (b) The amount of each monthly payment for the first year of the lease; (c) The estimated total amount of lease payments over the length of the lease; (d) The rate of any payment increases and the date of the first increase, if applicable; (e) The total number of lease payments; (f) Payment due dates and the manner in which the consumer will receive invoices; (g) A disclosure notifying the consumer whether the lessor will be filing a Uniform Commercial Code fixture filing on the system and the impact on any future sale of the real property; and (h) A disclosure describing the transferability of the lease and the conditions for lease transfers in connection with a consumer selling the real property. (3) In the case of a power purchase agreement, the written disclosure form required pursuant to subsection (1) of this section must also include the following information: (a) The length of the power purchase agreement; (b) The rates for the first year of the power purchase agreement; (c) The rate of any payment increases and the date of the first increase, if applicable; (d) The total number of power purchase agreement payments; (e) Payment due dates and the manner in which the consumer will receive invoices; (f) Any one-time or recurring fees, including a description of the circumstances triggering late fees; estimated system removal fees; notice removal and refiling fees assessed pursuant to the Uniform Commercial Code; internet connection fees; and automated clearing house fees, if applicable; (g) A disclosure notifying the consumer whether the owner of the system will be filing a Uniform Commercial Code fixture filing on the system and the impact on any future sale of the real property; and (h) A disclosure describing the transferability of the system in connection with the consumer selling the real property. (4) In the case of a purchase of a residential solar electric system or residential battery energy storage system, the written disclosure form required pursuant to subsection (1) of this section must also include the following information: (a) The purchase price; (b) Estimated start and completion dates for installation, accompanied by the following statement: Start and completion dates are only an estimate and may be impacted by delays that may be outside the control of the solar installation company. (c) A disclosure notifying the purchaser of the party or parties responsible for obtaining interconnection approval; and (d) The following statement: Laws and regulations about state and federal tax credits are subject to change. Any statement made in these disclosures should not be construed as tax advice. You are encouraged to consult a tax expert regarding any reductions or potential reductions in your tax liability associated with purchasing a residential solar electric system or residential battery energy storage system. (5) If a consumer's local utility has a public website with information explaining the utility's interconnection procedures, a solar sales company shall provide a link to the website to the consumer. Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2423, � 2, effective August 6.