Consumer Protection Residential Energy Systems

The bill defines a solar sales company as an entity that:

• Transacts 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 (system);
• Transacts with a consumer to lease or enter into a power purchase agreement for a system; or
• Is a community solar garden subscriber organization.

The bill requires a solar sales company to provide to a consumer certain disclosures when entering into an agreement with the consumer for the purchase or lease of a system, a power purchase agreement for a system, or a community solar garden subscription (agreement). The bill also specifies the terms that an agreement must contain, including payment terms and contact information for the solar sales company. A solar sales company is required to retain a copy of a signed agreement for at least 4 years after the date the agreement is entered into. The personal information of a consumer must be maintained consistent with applicable data privacy laws.

In the event of a sale of a system, the consumer has at least 3 business days after the date of the transaction to cancel the agreement without financial penalty, besides any nonrefundable deposits. The bill requires a solar sales company to conduct a welcome call with the consumer, either telephonically, in person, or through video conference. The welcome call must include certain disclosures and be recorded and retained by the solar sales company. The consumer's 3-day cancellation period is tolled until the welcome call is conducted. The bill describes the terms that any financing documents must contain if the purchase of a system is financed.

The bill sets forth requirements for a salesperson of a solar sales company and prohibits a solar sales company from using written or digital sales materials with names, logos, pictures, or other indicia of association with a public utility, cooperative electric association, or municipal utility, unless the solar sales company has received authorization from the relevant utility to do so.

The bill requires a solar sales company to provide certain warranties for the installation and workmanship of a residential solar electric system.

Lastly, the bill requires an investor-owned utility that offers financial incentives for a system to provide certain information about the offered incentives to customers.

A violation of the requirements of the bill is enforceable as a deceptive trade practice under the "Colorado Consumer Protection Act". The bill's requirements apply to agreements between a solar sales company and a consumer that are entered into on or after December 31, 2025.

(Note: This summary applies to this bill as introduced.)