Senate Bill 25-299 Introduced

A Bill for an Act

• Page 1, Line 101Concerning measures to increase consumer protection in

• Page 1, Line 102certain residential clean energy system transactions.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

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.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly

• Page 2, Line 3finds and declares that:

• Page 3, Line 1(a)  The installation of residential clean energy systems, including

• Page 3, Line 2residential solar and battery storage systems, is critical to Colorado's small business economy;

• Page 3, Line 3(b)  It is expected that residential solar installations in Colorado will increase from 700 megawatts to 1,500 megawatts by 2030;

• Page 3, Line 4(c)  Residential energy storage systems are being adopted at

• Page 3, Line 5increasing rates, with 25 megawatts expected to come online in the front range by the end of 2025; and

• Page 3, Line 6(d)  Colorado consumers are expected to adopt residential clean energy systems at increasing rates through the end of the decade.

• Page 3, Line 7(2)  The general assembly further finds and declares that:

• Page 3, Line 8(a)  Residential clean energy systems are complex and can be confusing to consumers;

• Page 3, Line 9(b)  Electric utility rates can change over time and can impact the

• Page 3, Line 10payoff period of the initial investment for residential clean energy systems;

• Page 3, Line 11(c)  Investor-owned utility information about rebates has not

• Page 3, Line 12always been made available or transparent to consumers purchasing residential clean energy systems;

• Page 3, Line 13(d)  Residential clean energy systems are major home improvements that warrant consumer protection oversight; and

• Page 3, Line 14(e)  Standardized disclosures, contracting, sales materials,

• Page 3, Line 15warranties, and enforcement requirements will ensure that Colorado

• Page 3, Line 16consumers have the best information available about investing in a residential clean energy system.

• Page 3, Line 17(3)  The general assembly therefore determines that it is an urgent

• Page 3, Line 18matter of state concern to ensure that consumers have clear information to understand:

• Page 4, Line 1(a)  The nature of a contract to lease or purchase a new residential clean energy system; and

• Page 4, Line 2(b)  Rebates or other incentives available, as these will impact consumer decisions.

• Page 4, Line 3SECTION 2.  In Colorado Revised Statutes, add part 18 to article 1 of title 6 as follows:

• Page 4, Line 4PART 18

• RESIDENTIAL CLEAN ENERGY SYSTEMS

• Page 4, Line 56-1-1801.  Definitions.As used in this part 18, unless the context otherwise requires:

• Page 4, Line 6(1) (a)  "Agreement" means an agreement between a solar sales company and a consumer that is in the form of:

• Page 4, Line 7(I)  A contract for the purchase of a residential solar electric system or residential battery energy storage system;

• Page 4, Line 8(II)  A lease for a third-party-owned residential solar electric system or residential battery energy storage system;

• Page 4, Line 9(III)  A community solar garden subscription; or

• (IV)  A power purchase agreement.

• Page 4, Line 10(b)  "Agreement" includes both cash purchases and

• Page 4, Line 11financed purchases of residential solar electric systems or residential battery energy storage systems.

• Page 4, Line 12(2)  "Community solar garden subscriber" or "subscriber"

• Page 4, Line 13has the same meaning as "subscriber" as defined in section 40-2-127.2 (1)(i).

• Page 4, Line 14(3)  "Community solar garden subscriber organization" or

• Page 4, Line 15"subscriber organization" has the same meaning as "subscriber organization" as defined in section 40-2-127.2 (1)(j).

• Page 5, Line 1(4)  "Community solar garden subscription" or

• Page 5, Line 2"subscription" has the same meaning as "subscription" as defined in section 40-2-127.2 (1)(k).

• Page 5, Line 3(5)  "Consumer" means an individual who seeks or acquires

• Page 5, Line 4a residential solar electric system or residential battery

• Page 5, Line 5energy storage system for personal, family, or household purposes.

• Page 5, Line 6(6)  "Financing agreement" means an agreement involving

• Page 5, Line 7credit offered or extended to an individual to acquire a

• Page 5, Line 8residential solar electric system or residential battery energy

• Page 5, Line 9storage system primarily used for personal, family, or household purposes.

• Page 5, Line 10(7)  "Lease" means a contract in the form of a bailment or

• Page 5, Line 11lease for the use of a residential solar electric system or

• Page 5, Line 12residential battery energy storage system by an individual

• Page 5, Line 13primarily used for personal, family, or household purposes, for

• Page 5, Line 14a period exceeding four months and for a total contractual

• Page 5, Line 15obligation not exceeding the applicable threshold amount,

• Page 5, Line 16pursuant to applicable federal regulations, whether or not the

• Page 5, Line 17lessee has the option to purchase or otherwise become the owner

• Page 5, Line 18of the residential solar electric system or residential battery energy storage system upon the expiration of the lease.

• Page 5, Line 19(8)  "Power purchase agreement" means a financial

• Page 5, Line 20agreement in which a solar sales company arranges for the

• Page 5, Line 21design, permitting, financing, and installation of a residential

• Page 5, Line 22solar electric system or residential battery energy storage

• Page 6, Line 1system and sells the power generated from or stored by the system to a consumer.

• Page 6, Line 2(9)  "Residential battery energy storage system" means a system or facility that:

• Page 6, Line 3(a)  Stores electricity to be used at a later time;

• (b)  Uses solar energy or grid energy to recharge;

• Page 6, Line 4(c)  Is located on the real property of a customer of an electric utility;

• Page 6, Line 5(d)  Is connected on the customer's side of the electricity meter;

• Page 6, Line 6(e)  Provides stored electricity primarily to offset customer load on the customer's real property; and

• Page 6, Line 7(f)  Is primarily used for personal, family, or household purposes.

• Page 6, Line 8(10)  "Residential solar electric system" means a system or facility that:

• Page 6, Line 9(a)  Uses solar energy to generate electricity;

• Page 6, Line 10(b)  Is located on the real property of a customer of an electric utility;

• Page 6, Line 11(c)  Is connected on the customer's side of the electricity meter;

• Page 6, Line 12(d)  Provides electricity primarily to offset customer load on the customer's real property; and

• Page 6, Line 13(e)  Is primarily used for personal, family, or household purposes.

• Page 6, Line 14(11)  "Salesperson" means an employee of or independent

• Page 6, Line 15contractor hired by a solar sales company who solicits, sells,

• Page 7, Line 1negotiates, or executes agreements for residential solar electric systems or residential battery energy storage systems.

• Page 7, Line 2(12) (a)  "Solar installation company" means an entity that

• Page 7, Line 3installs a residential solar electric system or residential

• Page 7, Line 4battery energy storage system on behalf of a consumer or a third party from whom a consumer will:

• Page 7, Line 5(I)  Lease the residential solar electric system or residential battery energy storage system; or

• Page 7, Line 6(II)  Purchase electricity generated by the system.

• (b)  "Solar installation company" does not include:

• Page 7, Line 7(I)  An entity that is a third-party owner or financier of a

• Page 7, Line 8residential solar electric system or residential battery energy storage system that does not install the system; or

• Page 7, Line 9(II)  A consumer who self-installs a residential solar electric system or residential battery energy storage system.

• Page 7, Line 10(13) (a)  "Solar sales company" means:

• Page 7, Line 11(I)  An entity that engages in a transaction with a

• Page 7, Line 12consumer to sell, or negotiate or execute a contract for the

• Page 7, Line 13sale of, a residential solar electric system or residential battery energy storage system;

• Page 7, Line 14(II)  An entity that engages in a transaction with a

• Page 7, Line 15consumer to lease, or enter into a power purchase agreement

• Page 7, Line 16for, a residential solar electric system or residential battery

• Page 7, Line 17energy storage system that is owned by a third party from whom the consumer will:

• Page 7, Line 18(A)  Lease the residential solar electric system or

• Page 7, Line 19residential battery energy storage system; or

• Page 8, Line 1(B)  Purchase electricity generated from or stored by the system; or

• Page 8, Line 2(III)  A community solar garden subscriber organization.

• Page 8, Line 3(b)  "Solar sales company" includes a person that engages

• Page 8, Line 4in the sale of a residential solar electric system or residential

• Page 8, Line 5battery energy storage system that is not registered with the Colorado secretary of state.

• Page 8, Line 6(c)  "Solar sales company" does not include:

• Page 8, Line 7(I)  An entity that is a third-party owner or financier of a

• Page 8, Line 8residential solar electric system or residential battery energy storage system that does not sell the system; or

• Page 8, Line 9(II)  A consumer who self-installs a residential solar electric system or residential battery energy storage system.

• Page 8, Line 10(14)  "System" means a residential solar electric system or residential battery energy storage system.

• Page 8, Line 11(15)  "Uniform Commercial Code" means the "Uniform Commercial Code" codified in title 4.

• Page 8, Line 126-1-1802.  Applicability of part. (1)  This part 18 applies to a

• Page 8, Line 13residential solar electric system or residential battery energy

• Page 8, Line 14storage system agreement entered into on or after December 31, 2025.

• Page 8, Line 15(2)  This part 18 does not apply to:

• Page 8, Line 16(a)  The transfer of title or rental of real property on

• Page 8, Line 17which a residential solar electric system or residential battery energy storage system is or is expected to be located;

• Page 8, Line 18(b)  A lender, governmental entity, or other third party

• Page 8, Line 19that enters into an agreement with a consumer to finance a

• Page 9, Line 1residential solar electric system or residential battery energy

• Page 9, Line 2storage system but is not a party to a system purchase agreement, power purchase agreement, or lease agreement;

• Page 9, Line 3(c)  An agreement for a solar electric system or battery energy storage system that is not for residential use; or

• Page 9, Line 4(d)  An agreement for a residential solar electric system

• Page 9, Line 5or residential battery energy storage system that is installed

• Page 9, Line 6as a feature of new construction and for which the system is sold in conjunction with residential real property.

• Page 9, Line 76-1-1803.  Agreements for residential solar electric systems or

• Page 9, Line 8residential battery energy storage systems - disclosures to consumer

• Page 9, Line 9required. (1) (a)  Before entering into an agreement with a

• Page 9, Line 10consumer for a residential solar electric system or residential

• Page 9, Line 11battery energy storage system, a solar sales company shall

• Page 9, Line 12provide to the consumer a written disclosure form that is not

• Page 9, Line 13more than four pages in length and contains the following information, in a font no smaller than ten points:

• Page 9, Line 14(I)  The name, address, telephone number, and email address of:

• Page 9, Line 15(A)  The solar sales company;

• Page 9, Line 16(B)  The solar installation company, if different than the solar sales company; and

• Page 9, Line 17(C)  The system maintenance provider, if different than the solar sales company;

• Page 9, Line 18(II)  If the solar sales company does not communicate with

• Page 9, Line 19customers by telephone, another method of communication in

• Page 9, Line 20addition to email;

• Page 10, Line 1(III)  The payment schedule for up-front costs, including

• Page 10, Line 2payments due at signing, commencement of installation, and completion of installation, if applicable;

• Page 10, Line 3(IV)  System design assumptions, including system size,

• Page 10, Line 4estimated first-year production, estimated annual system

• Page 10, Line 5production degradation, presence of energy storage, energy

• Page 10, Line 6storage capacity, and a description of the equipment needed to provide backup power;

• Page 10, Line 7(V)  A disclosure notifying the consumer whether and to

• Page 10, Line 8what extent system maintenance and repairs are included in the

• Page 10, Line 9system agreement and any system maintenance costs for which the consumer will be responsible;

• Page 10, Line 10(VI)  A disclosure describing warranties for the repair of

• Page 10, Line 11any damage to the consumer's real property in connection with system installation or removal;

• Page 10, Line 12(VII)  A description of applicable performance or production guarantees;

• Page 10, Line 13(VIII)  A description of the basis for any cost-savings

• Page 10, Line 14estimates that were provided to the consumer, if applicable,

• Page 10, Line 15which description must include the applicable utility rates and

• Page 10, Line 16energy and delivery costs, the expected utility bill savings

• Page 10, Line 17based on the consumer's prior twelve months of utility bills, and

• Page 10, Line 18the estimated system production and status of utility

• Page 10, Line 19compensation for excess energy generated by the system at the time of contract signing;

• Page 10, Line 20(IX)  A disclosure concerning the retention of renewable

• Page 10, Line 21energy credits, if applicable, including an explanation of what renewable energy credits are;

• Page 11, Line 1(X)  Information regarding the operational capabilities of

• Page 11, Line 2a residential solar electric system or residential battery

• Page 11, Line 3energy storage system, as applicable, during an electrical outage;

• Page 11, Line 4(XI)  The following statement: "Estimates of cost savings

• Page 11, Line 5are based on best calculations from the previous twelve months

• Page 11, Line 6of utility bills. The assumptions, such as the rate your utility

• Page 11, Line 7charges for electricity, that are used to estimate cost savings

• Page 11, Line 8may change. There may be utility fees that cannot be offset with

• Page 11, Line 9solar, and compensation for excess electricity sent back to the

• Page 11, Line 10grid may be credited to your bill by the utility at rates below

• Page 11, Line 11what you pay for electricity. For further information regarding

• Page 11, Line 12rates, you may contact your local utility or, if your local

• Page 11, Line 13utility is an investor-owned utility, the public utilities

• Page 11, Line 14commission. Tax and other state and federal incentives offered

• Page 11, Line 15are subject to change or termination by executive, legislative,

• Page 11, Line 16or regulatory action, which may impact savings estimates. Please read your contract carefully for more details."

• Page 11, Line 17(XII)  A disclosure that the solar sales company is not affiliated with the local utility;

• Page 11, Line 18(XIII)  The following statement: "The interconnection

• Page 11, Line 19procedures for a residential solar energy system or residential

• Page 11, Line 20battery energy storage system are subject to the policies of the

• Page 11, Line 21local utility. For information on the specific interconnection

• Page 11, Line 22policies and procedures applicable to your system, you should

• Page 11, Line 23contact your local utility or, if your local utility is an investor-owned utility, the public utilities commission."

• Page 12, Line 1(XIV)  A summarized explanation of the maintenance,

• Page 12, Line 2operations, and monitoring requirements of the system including an explanation of equipment and labor warranties.

• Page 12, Line 3(b)  A solar sales company shall offer consumers a sales

• Page 12, Line 4presentation in both English and Spanish, if requested, and shall

• Page 12, Line 5provide a consumer the disclosure form described in subsection

• Page 12, Line 6(1)(a) of this section in the language in which the sales

• Page 12, Line 7presentation was made to the consumer. A consumer may

• Page 12, Line 8request a sales presentation in a language other than English or Spanish.

• Page 12, Line 9(c)  A solar sales company shall address concerns raised

• Page 12, Line 10by a consumer regarding the disclosure form provided pursuant

• Page 12, Line 11to subsection (1)(a) of this section during the welcome call conducted pursuant to section 6-1-1809.

• Page 12, Line 12(2)  In the case of a lease for a residential solar electric

• Page 12, Line 13system or residential battery energy storage system, the

• Page 12, Line 14written disclosure form required pursuant to subsection (1) of this section must also include the following information:

• Page 12, Line 15(a)  The length of the lease;

• Page 12, Line 16(b)  The amount of each monthly payment for the first year of the lease;

• Page 12, Line 17(c)  The estimated total amount of lease payments over the length of the lease;

• Page 12, Line 18(d)  The rate of any payment increases and the date of the first increase, if applicable;

• Page 12, Line 19(e)  The total number of lease payments;

• Page 13, Line 1(f)  Payment due dates and the manner in which the consumer will receive invoices;

• Page 13, Line 2(g)  A disclosure notifying the consumer whether the

• Page 13, Line 3lessor will be filing a fixture filing on the system and the impact on any future sale of the real property; and

• Page 13, Line 4(h)  A disclosure describing the transferability of the

• Page 13, Line 5lease and the conditions for lease transfers in connection with a consumer selling the real property.

• Page 13, Line 6(3)  In the case of a power purchase agreement, the written

• Page 13, Line 7disclosure form required pursuant to subsection (1) of this section must also include the following information:

• Page 13, Line 8(a)  The length of the power purchase agreement;

• Page 13, Line 9(b)  The rates for the first year of the power purchase agreement;

• Page 13, Line 10(c)  The rate of any payment increases and the date of the first increase, if applicable;

• Page 13, Line 11(d)  The total number of power purchase agreement payments;

• Page 13, Line 12(e)  Payment due dates and the manner in which the consumer will receive invoices;

• Page 13, Line 13(f)  Any one-time or recurring fees, including a description

• Page 13, Line 14of the circumstances triggering late fees; estimated system

• Page 13, Line 15removal fees; notice removal and refiling fees assessed

• Page 13, Line 16pursuant to the Uniform Commercial Code; internet connection fees; and automated clearing house fees, if applicable;

• Page 13, Line 17(g)  A disclosure notifying the consumer whether the

• Page 13, Line 18owner of the system will be filing a fixture filing on the system and the impact on any future sale of the real property; and

• Page 14, Line 1(h)  A disclosure describing the transferability of the

• Page 14, Line 2system in connection with the consumer selling the real property.

• Page 14, Line 3(4)  In the case of a community solar garden subscription,

• Page 14, Line 4the written disclosure form required pursuant to subsection (1)

• Page 14, Line 5of this section must also include the information required

• Page 14, Line 6pursuant to section 40-2-127.2 (5)(d) and required by any rules

• Page 14, Line 7that the public utilities commission has adopted pursuant to that section.

• Page 14, Line 8(5)  In the case of a purchase of a residential solar

• Page 14, Line 9electric system or residential battery energy storage system,

• Page 14, Line 10the written disclosure form required pursuant to subsection (1) of this section must also include the following information:

• Page 14, Line 11(a)  The purchase price;

• Page 14, Line 12(b)  Estimated start and completion dates for

• Page 14, Line 13installation, accompanied by the following statement: "Start

• Page 14, Line 14and completion dates are only an estimate and may be impacted

• Page 14, Line 15by delays that may be outside the control of the solar installation company."

• Page 14, Line 16(c)  A disclosure notifying the purchaser of the party or parties responsible for obtaining interconnection approval; and

• Page 14, Line 17(d)  The following statement: "Laws and regulations

• Page 14, Line 18about state and federal tax credits are subject to change. Any

• Page 14, Line 19statement made in these disclosures should not be construed as

• Page 14, Line 20tax advice. You are encouraged to consult a tax expert

• Page 14, Line 21regarding any reductions or potential reductions in your tax

• Page 15, Line 1liability associated with purchasing a residential solar electric system or residential battery energy storage system."

• Page 15, Line 2(6)  If a consumer's local utility has a public website with

• Page 15, Line 3information explaining the utility's interconnection procedures,

• Page 15, Line 4a solar sales company shall provide a link to the website to the consumer.

• Page 15, Line 56-1-1804.  Agreements - contract terms and requirements -

• Page 15, Line 6cooling-off period - community solar garden subscription. (1)  A

• Page 15, Line 7contract for the sale or lease of, or power purchase agreement

• Page 15, Line 8for, a residential solar electric system or residential battery energy storage system must:

• Page 15, Line 9(a)  Include, in conspicuous language, key contract terms such as price and financing terms;

• Page 15, Line 10(b)  Be written in the same language in which the sale, lease, or power purchase agreement was made;

• Page 15, Line 11(c)  Include a dispute resolution process; and

• Page 15, Line 12(d)  Be not more than four pages in length and written in a font no smaller than ten points.

• Page 15, Line 13(2)  An agreement for the sale of a residential solar

• Page 15, Line 14electric system or residential battery energy storage system must contain the following information:

• Page 15, Line 15(a)  The name, address, telephone number, and email address of:

• Page 15, Line 16(I)  The solar sales company that sold the system;

• Page 15, Line 17(II)  The solar installation company, if different than the solar sales company; and

• Page 15, Line 18(III)  If applicable, the salesperson who solicited or negotiated the agreement;

• Page 16, Line 1(b)  The purchase price;

• (c)  The payment schedule, if applicable;

• Page 16, Line 2(d)  A description of the project, including the system size

• Page 16, Line 3expressed in kilowatts of direct current electricity and

• Page 16, Line 4kilowatts of alternating current electricity; the solar

• Page 16, Line 5modules to be installed; the inverters to be installed; the

• Page 16, Line 6monitoring to be installed; and, if applicable, the energy storage system to be installed;

• Page 16, Line 7(e)  Estimated start and completion dates for

• Page 16, Line 8installation, accompanied by the following statement: "The

• Page 16, Line 9actual start and completion dates depend on many factors, such

• Page 16, Line 10as delays related to permitting and interconnection approvals,

• Page 16, Line 11which are controlled by your local jurisdiction and local utility, respectively."

• Page 16, Line 12(f)  An explanation of applicable warranties or

• Page 16, Line 13guarantees, including the transferability of any obligations, in

• Page 16, Line 14compliance with the federal "Magnuson-Moss Warranty -

• Page 16, Line 15Federal Trade Commission Improvement Act", 15 U.S.C. sec. 2301 et seq.;

• Page 16, Line 16(g)  The name of the local utility; and

• Page 16, Line 17(h)  Which party or parties are responsible for filing the interconnection application and permits.

• Page 16, Line 18(3)  An agreement for the lease of a residential solar

• Page 16, Line 19electric system or residential battery energy storage system must contain the following information:

• Page 16, Line 20(a)  The name, address, telephone number, and email address of:

• Page 17, Line 1(I)  The lessor;

• Page 17, Line 2(II)  The solar installation company, if different than the lessor; and

• Page 17, Line 3(III)  If applicable, the salesperson who solicited or negotiated the agreement;

• Page 17, Line 4(b)  If the lessor does not communicate with customers by

• Page 17, Line 5telephone, another method of communication in addition to email;

• Page 17, Line 6(c)  The total payments required pursuant to the lease and

• Page 17, Line 7the payment schedule, including the number, amount, and due dates or periods of payments;

• Page 17, Line 8(d)  A description of the project, including the system size

• Page 17, Line 9expressed in kilowatts of direct current electricity and

• Page 17, Line 10kilowatts of alternating current electricity; the solar

• Page 17, Line 11modules to be installed; the inverters to be installed; the

• Page 17, Line 12monitoring to be installed; and, if applicable, the energy storage system to be installed;

• Page 17, Line 13(e)  Estimated start and completion dates for

• Page 17, Line 14installation, accompanied by the following statement: "The

• Page 17, Line 15actual start and completion dates depend on many factors, such

• Page 17, Line 16as delays related to permitting and interconnection approvals,

• Page 17, Line 17which are controlled by your local jurisdiction and local utility, respectively."

• Page 17, Line 18(f)  An explanation of applicable warranties or guarantees, including the transferability of any obligations;

• Page 17, Line 19(g)  A description of the maintenance and repair responsibilities of each party;

• Page 18, Line 1(h)  An explanation of whether the consumer has the right

• Page 18, Line 2to purchase the leased system, either during the lease term or at the termination of the lease, and, if so, the purchase price;

• Page 18, Line 3(i)  A description of the consumer's options to transfer the lease to a third party and the conditions for a transfer;

• Page 18, Line 4(j)  Which party or parties are responsible for filing the interconnection application and permits; and

• Page 18, Line 5(k)  A description of any security interest filed against the

• Page 18, Line 6system, including Uniform Commercial Code financing statements.

• Page 18, Line 7(4)  A power purchase agreement for a residential solar

• Page 18, Line 8electric system or residential battery energy storage system must contain the following information:

• Page 18, Line 9(a)  The name, address, telephone number, and email address of:

• Page 18, Line 10(I)  The solar sales company;

• Page 18, Line 11(II)  The solar installation company, if different than the solar sales company; and

• Page 18, Line 12(III)  If applicable, the salesperson who solicited or negotiated the agreement;

• Page 18, Line 13(b)  If the solar sales company does not communicate with

• Page 18, Line 14customers by telephone, another method of communication in addition to email;

• Page 18, Line 15(c)  The payment schedule for the sale of output of the

• Page 18, Line 16residential solar electric system, including the number, amount,

• Page 18, Line 17and due dates or periods of payments;

• Page 19, Line 1(d)  A description of the project, including the system size

• Page 19, Line 2expressed in kilowatts of direct current electricity and

• Page 19, Line 3kilowatts of alternating current electricity; the solar

• Page 19, Line 4modules to be installed; the inverters to be installed; the

• Page 19, Line 5monitoring to be installed; and, if applicable, the energy storage system to be installed;

• Page 19, Line 6(e)  Estimated start and completion dates for

• Page 19, Line 7installation, accompanied by the following statement: "The

• Page 19, Line 8actual start and completion dates depend on many factors, such

• Page 19, Line 9as delays related to permitting and interconnection approvals,

• Page 19, Line 10which are controlled by your local jurisdiction and local utility, respectively."

• Page 19, Line 11(f)  An explanation of applicable warranties or guarantees, including the transferability of any obligations;

• Page 19, Line 12(g)  A description of the maintenance and repair responsibilities of each party;

• Page 19, Line 13(h)  An explanation of whether the consumer has the right

• Page 19, Line 14to purchase the system, either during the term of the power

• Page 19, Line 15purchase agreement or at the termination of the power purchase agreement, and, if so, the purchase price;

• Page 19, Line 16(i)  A description of the consumer's options to transfer the contract to a third party and the conditions for a transfer;

• Page 19, Line 17(j)  Which party or parties are responsible for filing the interconnection application and permits; and

• Page 19, Line 18(k)  A description of any security interest filed against the

• Page 19, Line 19system, including Uniform Commercial Code financing

• Page 19, Line 20statements.

• Page 20, Line 1(5)  In the case of a sale of a residential solar electric system or residential battery energy storage system:

• Page 20, Line 2(a)  A consumer has at least three business days after

• Page 20, Line 3receiving the initial signed agreement to cancel the agreement

• Page 20, Line 4without financial penalty, subject to section 6-1-1809 (3), with

• Page 20, Line 5the exception of any nonrefundable deposits collected before

• Page 20, Line 6receipt of the signed agreement, in an amount not to exceed one hundred dollars;

• Page 20, Line 7(b)  The seller shall verbally explain to the consumer the

• Page 20, Line 8consumer's right to rescind the agreement without financial

• Page 20, Line 9penalty upon the consumer signing the agreement and shall

• Page 20, Line 10provide the specific date up until the agreement may be cancelled by the consumer;

• Page 20, Line 11(c)  An agreement must include, adjacent to the signature

• Page 20, Line 12line, the following statement in bold-faced font: "You, the

• Page 20, Line 13buyer, may cancel this transaction at any time prior to midnight

• Page 20, Line 14of the third day after the date of this transaction. See the

• Page 20, Line 15attached notice of cancellation form for an explanation of this right."

• Page 20, Line 16(d)  An agreement must include a copy of a cancellation

• Page 20, Line 17form in substantially the same form set forth in federal

• Page 20, Line 18regulations regarding cooling-off periods for sales made at homes or at certain other locations; and

• Page 20, Line 19(e)  Compliance with federal regulations regarding

• Page 20, Line 20cooling-off periods for sales made at homes or at certain other locations constitutes compliance with this subsection (5).

• Page 20, Line 21(6) (a)  An agreement for a community solar garden subscription must be consistent with section 40-2-127.2 (5).

• Page 21, Line 1(b)  In accordance with section 40-2-127.2 (5)(a), a subscriber organization is prohibited from:

• Page 21, Line 2(I)  Using credit scores, utility customer scores, or any

• Page 21, Line 3utility deposit requirements to approve or deny a prospective consumer's participation in a community solar garden; or

• Page 21, Line 4(II)  Charging a sign-up fee or termination fee to a residential subscriber.

• Page 21, Line 5(c)  A subscriber organization shall provide discounts in accordance with section 40-2-127.2 (5)(b).

• Page 21, Line 66-1-1805.  Financing of residential solar electric systems and

• Page 21, Line 7residential battery energy storage systems - documents required.

• Page 21, Line 8(1)  If a residential electric solar system or residential battery

• Page 21, Line 9energy storage system is financed, the financing documents must include:

• Page 21, Line 10(a)  The length, terms, and cost of the financing agreement in clear and conspicuous language;

• Page 21, Line 11(b)  An explanation of whether the financier will be filing

• Page 21, Line 12an encumbrance against the real property and, if so, the impact of the filing on a future real property transaction; and

• Page 21, Line 13(c)  A notification of any security interest filed against

• Page 21, Line 14the residential solar electric system or residential battery

• Page 21, Line 15energy storage system, including Uniform Commercial Code financing statements.

• Page 21, Line 166-1-1806.  Salespersons. (1)  An independent contractor may

• Page 21, Line 17be retained by a solar sales company as a salesperson.

• Page 21, Line 18Notwithstanding the salesperson's status as an independent

• Page 22, Line 1contractor, the solar sales company that employs the

• Page 22, Line 2independent contractor as a salesperson is responsible for

• Page 22, Line 3ensuring compliance with this part 18 and for any loss or

• Page 22, Line 4damages resulting from noncompliance by the independent contractor when acting on behalf of the solar sales company.

• Page 22, Line 5(2)  A salesperson may be employed by more than one solar sales company.

• Page 22, Line 6(3)  In the absence of a state law or local government

• Page 22, Line 7ordinance, a salesperson shall not visit a residence to conduct a sale except between the hours of 9 a.m. and 8 p.m.

• Page 22, Line 8(4)  Notwithstanding subsection (3) of this section, a

• Page 22, Line 9consumer may schedule a meeting with a salesperson between the hours of 8 p.m. and 9 a.m.

• Page 22, Line 10(5)  A salesperson shall not visit a residence that has posted a "no solicitation" sign.

• Page 22, Line 116-1-1807.  Misrepresentations prohibited. (1) (a)  Written or

• Page 22, Line 12digital sales materials for a residential solar electric system

• Page 22, Line 13or residential battery energy storage system that are provided

• Page 22, Line 14in the state shall not include the names, logos, pictures, or

• Page 22, Line 15other indicia of a public utility, cooperative electric association

• Page 22, Line 16formed pursuant to article 9.5 of title 40, or municipal utility,

• Page 22, Line 17unless a salesperson has received authorization to do so from

• Page 22, Line 18the relevant utility or is otherwise complying with federal fair use laws.

• Page 22, Line 19(b)  For the purposes of this subsection (1), written or

• Page 22, Line 20digital sales materials include online sales banners,

• Page 22, Line 21click-through banners, social media advertisements, and other

• Page 23, Line 1materials that could generate a sale or sale lead of a

• Page 23, Line 2residential solar electric system or residential battery energy storage system over the internet.

• Page 23, Line 3(2)  A solar sales company shall not purchase solar sales

• Page 23, Line 4leads from a company that does not comply with the requirements of subsection (1) of this section.

• Page 23, Line 5(3)  A solar sales company shall not represent, verbally

• Page 23, Line 6or in writing, that the solar sales company is affiliated with,

• Page 23, Line 7sponsored by, or approved by a consumer's local utility without the express, written consent of the local utility.

• Page 23, Line 86-1-1808.  Record retention and consumer privacy. (1)  A

• Page 23, Line 9solar sales company or a designated representative of the solar

• Page 23, Line 10sales company shall retain a copy of each signed agreement for

• Page 23, Line 11a period of not less than four years after the date of consummation.

• Page 23, Line 12(2)  Consumer personal information must be maintained

• Page 23, Line 13consistent with the "Colorado Privacy Act", part 13 of this article 1, and other applicable data privacy laws.

• Page 23, Line 146-1-1809.  Welcome calls - information provided to consumer.

• Page 23, Line 15(1)  On or after the date of consummation of an agreement, a

• Page 23, Line 16solar sales company or a designated representative of the solar

• Page 23, Line 17sales company shall conduct a welcome call with the new

• Page 23, Line 18consumer, in the language used during the sales presentation.

• Page 23, Line 19The welcome call must be recorded and may be conducted in

• Page 23, Line 20person, telephonically, through video conference, or through

• Page 23, Line 21other means that allow the consumer to hear and interact with

• Page 23, Line 22the individual conducting the welcome call.

• Page 24, Line 1(2)  The welcome call must include the following information:

• Page 24, Line 2(a)  Confirmation of the identity of the consumer;

• Page 24, Line 3(b)  The price of the residential solar electric system or residential battery energy storage system, as applicable;

• Page 24, Line 4(c)  A description of the project, including the system size,

• Page 24, Line 5expressed in kilowatts of direct current electricity and

• Page 24, Line 6kilowatts of alternating current electricity; the energy

• Page 24, Line 7storage system to be installed, if applicable, including capacity,

• Page 24, Line 8expressed in kilowatt-hours; and a statement that a residential

• Page 24, Line 9solar electric system will not provide backup power without being paired with an energy storage system;

• Page 24, Line 10(d)  For a lease or power purchase agreement, the duration of the contract;

• Page 24, Line 11(e)  The consumer's right to cancel the agreement without

• Page 24, Line 12financial penalty within three business days after signing a contract, subject to subsection (3) of this section;

• Page 24, Line 13(f)  A reminder that the consumer should review the disclosure form and agreement; and

• Page 24, Line 14(g)  An explanation of the costs of the system being installed and applicable financing terms.

• Page 24, Line 15(3)  The consumer's cancellation period is tolled until the welcome call is conducted.

• Page 24, Line 16(4) (a)  The recording of the welcome call must capture

• Page 24, Line 17the consumer acknowledging the disclosures or each disclosure individually.

• Page 24, Line 18(b)  The solar sales company shall retain the recording

• Page 25, Line 1for at least two years after the date the welcome call is conducted.

• Page 25, Line 26-1-1810.  Warranties and maintenance. (1)  A solar sales

• Page 25, Line 3company shall provide a warranty against roof damage and

• Page 25, Line 4water infiltration at each roofing penetration made during the

• Page 25, Line 5installation of a residential solar electric system, which

• Page 25, Line 6warranty must last for at least four years after the completion of the installation.

• Page 25, Line 7(2)  A solar sales company shall provide a warranty to

• Page 25, Line 8address defects in the workmanship of a residential solar

• Page 25, Line 9electric system, which warranty must last for at least ten years after the completion of the installation.

• Page 25, Line 10(3)  If a solar sales company provides a long-term

• Page 25, Line 11maintenance plan for a residential solar electric system or

• Page 25, Line 12residential battery energy storage system, the plan must be

• Page 25, Line 13made available in writing and verbally explained to the

• Page 25, Line 14consumer. If a solar sales company does not provide a long-term

• Page 25, Line 15maintenance plan, the solar sales company shall provide the

• Page 25, Line 16consumer with a written explanation as to why a long-term maintenance plan is not being provided.

• Page 25, Line 176-1-1811.  Enforcement. (1)  A person that, in the course of

• Page 25, Line 18the person's business, violates this part 18 commits a deceptive trade practice pursuant to section 6-1-105.

• Page 25, Line 19(2)  A violation of this part 18 is enforceable pursuant to sections 6-1-109 to 6-1-114.

• Page 25, Line 206-1-1812.  Investor-owned utility disclosures and oversight of

• Page 25, Line 21available customer incentives. (1)  An investor-owned utility that

• Page 26, Line 1serves more than five hundred thousand customers that offers

• Page 26, Line 2financial incentives for residential solar electric systems or

• Page 26, Line 3residential battery energy storage systems shall clearly and

• Page 26, Line 4prominently provide the following information on the utility's website:

• Page 26, Line 5(a)  Information on the amount of financial incentives

• Page 26, Line 6available for such systems, including information about the

• Page 26, Line 7amount of budget that has already been spent to date and information about when the budget was last updated;

• Page 26, Line 8(b)  Information about how a customer or contractor can apply for the financial incentives; and

• Page 26, Line 9(c)  Information about the point in the process in which a

• Page 26, Line 10customer may secure financial incentives from a utility program.

• Page 26, Line 11SECTION 3.  In Colorado Revised Statutes, 6-1-105, add (1)(iiii) as follows:

• Page 26, Line 126-1-105.  Unfair or deceptive trade practices - definitions.

• Page 26, Line 13(1)  A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

• Page 26, Line 14(iiii)  Violates part 18 of this article 1.

• Page 26, Line 15SECTION 4.  Act subject to petition - effective date. This act

• Page 26, Line 16takes effect at 12:01 a.m. on the day following the expiration of the

• Page 26, Line 17ninety-day period after final adjournment of the general assembly; except

• Page 26, Line 18that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 26, Line 19of the state constitution against this act or an item, section, or part of this

• Page 26, Line 20act within such period, then the act, item, section, or part will not take

• Page 26, Line 21effect unless approved by the people at the general election to be held in

• Page 27, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.