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
Page 4, Line 9electric system or residential battery energy storage system; or
(III) A power purchase agreement.
Page 4, Line 11(b) "Agreement" includes both cash purchases and
Page 4, Line 12financed purchases of residential solar electric systems or residential battery energy storage systems.
Page 4, Line 14(2) "Consumer" means an individual who seeks or acquires
Page 4, Line 15a residential solar electric system or residential battery
Page 4, Line 16energy storage system for personal, family, or household purposes.
Page 5, Line 1(3) "Financing agreement" means an agreement involving
Page 5, Line 2credit offered or extended to a consumer to acquire a
Page 5, Line 3residential solar electric system or residential battery energy
Page 5, Line 4storage system primarily used for personal, family, or household purposes.
Page 5, Line 5(4) "Lease" means a contract in the form of a bailment or
Page 5, Line 6lease for the use of a residential solar electric system or
Page 5, Line 7residential battery energy storage system by a consumer
Page 5, Line 8primarily used for personal, family, or household purposes, for
Page 5, Line 9a period exceeding four months and for a total contractual
Page 5, Line 10obligation not exceeding the applicable threshold amount,
Page 5, Line 11pursuant to applicable federal regulations, whether or not the
Page 5, Line 12lessee has the option to purchase or otherwise become the owner
Page 5, Line 13of the residential solar electric system or residential battery energy storage system upon the expiration of the lease.
Page 5, Line 14(5) "Power purchase agreement" means a financial
Page 5, Line 15agreement in which a solar sales company arranges for the
Page 5, Line 16design, permitting, financing, and installation of a residential
Page 5, Line 17solar electric system or residential battery energy storage
Page 5, Line 18system and sells the power generated from or stored by the system to a consumer.
Page 5, Line 19(6) "Residential battery energy storage system" means a system or facility that:
Page 5, Line 20(a) Stores electricity to be used at a later time;
(b) Uses solar energy or grid energy to recharge;
Page 5, Line 21(c) Is located on the real property of a customer of an electric utility;
Page 6, Line 1(d) Is connected on the customer's side of the electricity meter;
Page 6, Line 2(e) Provides stored electricity primarily to offset customer load on the customer's real property; and
Page 6, Line 3(f) Is primarily used for personal, family, or household purposes.
Page 6, Line 4(7) "Residential solar electric system" means a system or facility that:
Page 6, Line 5(a) Uses solar energy to generate electricity;
Page 6, Line 6(b) Is located on the real property of a customer of an electric utility;
Page 6, Line 7(c) Is connected on the customer's side of the electricity meter;
Page 6, Line 8(d) Provides electricity primarily to offset customer load on the customer's real property; and
Page 6, Line 9(e) Is primarily used for personal, family, or household purposes.
Page 6, Line 10(8) "Salesperson" means an employee of or independent
Page 6, Line 11contractor hired by a solar sales company who solicits, sells,
Page 6, Line 12negotiates, or executes agreements for residential solar electric systems or residential battery energy storage systems.
Page 6, Line 13(9) (a) "Solar installation company" means an entity that
Page 6, Line 14installs a residential solar electric system or residential
Page 6, Line 15battery energy storage system on behalf of a consumer or a third party from whom a consumer will:
Page 6, Line 16(I) Lease the residential solar electric system or residential battery energy storage system; or
Page 7, Line 1(II) Purchase electricity generated by the system.
(b) "Solar installation company" does not include:
Page 7, Line 2(I) An entity that is a third-party owner or financier of a
Page 7, Line 3residential solar electric system or residential battery energy storage system that does not install the system; or
Page 7, Line 4(II) A consumer who self-installs a residential solar electric system or residential battery energy storage system.
Page 7, Line 5(10) (a) "Solar sales company" means:
Page 7, Line 6(I) An entity that engages in a transaction with a
Page 7, Line 7consumer to sell, or negotiate or execute a contract for the
Page 7, Line 8sale of, a residential solar electric system or residential battery energy storage system; or
Page 7, Line 9(II) An entity that engages in a transaction with a
Page 7, Line 10consumer to lease, or enter into a power purchase agreement
Page 7, Line 11for, a residential solar electric system or residential battery
Page 7, Line 12energy storage system that is owned by a third party from whom the consumer will:
Page 7, Line 13(A) Lease the residential solar electric system or residential battery energy storage system; or
Page 7, Line 14(B) Purchase electricity generated from or stored by the system.
Page 7, Line 15(b) "Solar sales company" includes a person that engages
Page 7, Line 16in the sale of a residential solar electric system or residential
Page 7, Line 17battery energy storage system that is not registered with the Colorado secretary of state.
Page 7, Line 18(c) "Solar sales company" does not include:
Page 8, Line 1(I) An entity that is a third-party owner or financier of a
Page 8, Line 2residential solar electric system or residential battery energy storage system that does not sell the system; or
Page 8, Line 3(II) A consumer who self-installs a residential solar electric system or residential battery energy storage system.
Page 8, Line 4(11) "System" means a residential solar electric system or residential battery energy storage system.
Page 8, Line 5(12) "Uniform Commercial Code" means the "Uniform Commercial Code" codified in title 4.
Page 8, Line 66-1-1802. Applicability of part. (1) This part 18 applies to a
Page 8, Line 7residential solar electric system or residential battery energy storage system agreement entered into on or after July 1, 2026.
Page 8, Line 8(2) This part 18 does not apply to:
Page 8, Line 9(a) The transfer of title or rental of real property on
Page 8, Line 10which a residential solar electric system or residential battery energy storage system is or is expected to be located;
Page 8, Line 11(b) A lender, governmental entity, or other third party
Page 8, Line 12that enters into an agreement with a consumer to finance a
Page 8, Line 13residential solar electric system or residential battery energy
Page 8, Line 14storage system but is not a party to a system purchase agreement, power purchase agreement, or lease agreement;
Page 8, Line 15(c) An agreement for a solar electric system or battery
Page 8, Line 16energy storage system that is not between a solar sales company and a consumer; or
Page 8, Line 17(d) An agreement for a residential solar electric system
Page 8, Line 18or residential battery energy storage system that is installed
Page 8, Line 19as a feature of new construction and for which the system is sold in conjunction with residential real property.
Page 9, Line 16-1-1803. Agreements for residential solar electric systems or
Page 9, Line 2residential battery energy storage systems - disclosures to consumer
Page 9, Line 3required. (1) (a) Before entering into an agreement with a
Page 9, Line 4consumer for a residential solar electric system or residential
Page 9, Line 5battery energy storage system, a solar sales company shall
Page 9, Line 6provide to the consumer a written disclosure form that is not
Page 9, Line 7more than four pages in length and contains the following information, in a font no smaller than ten points:
Page 9, Line 8(I) The name, physical address, telephone number, and email address of:
Page 9, Line 9(A) The solar sales company;
Page 9, Line 10(B) The solar installation company, if different than the solar sales company; and
Page 9, Line 11(C) The system maintenance provider, if different than the solar sales company;
Page 9, Line 12(II) If the solar sales company does not communicate with
Page 9, Line 13consumers by telephone, another method of communication in addition to email;
Page 9, Line 14(III) The payment schedule for up-front costs, including
Page 9, Line 15payments due at signing, commencement of installation, and completion of installation, if applicable;
Page 9, Line 16(IV) System design assumptions, including system size,
Page 9, Line 17estimated first-year production, estimated annual system
Page 9, Line 18production degradation, presence of energy storage, energy
Page 9, Line 19storage capacity, and a description of the equipment needed to
Page 9, Line 20provide backup power;
Page 10, Line 1(V) A disclosure notifying the consumer whether and to
Page 10, Line 2what extent system maintenance and repairs are included in the
Page 10, Line 3system agreement and any system maintenance costs for which the consumer will be responsible;
Page 10, Line 4(VI) A disclosure describing warranties for the repair of
Page 10, Line 5any damage to the consumer's real property in connection with system installation or removal;
Page 10, Line 6(VII) A description of applicable performance or production guarantees;
Page 10, Line 7(VIII) A description of the basis for any cost-savings
Page 10, Line 8estimates that were provided to the consumer, if applicable,
Page 10, Line 9which description must include the applicable utility rates and
Page 10, Line 10energy and delivery costs, the expected utility bill savings
Page 10, Line 11based on the consumer's prior twelve months of utility bills, and
Page 10, Line 12the estimated system production and status of utility
Page 10, Line 13compensation for excess energy generated by the system at the time of contract signing;
Page 10, Line 14(IX) A disclosure concerning the potential availability of
Page 10, Line 15renewable energy credits, if applicable, including an
Page 10, Line 16explanation of what renewable energy credits are and how to find out more about them;
Page 10, Line 17(X) Information regarding the operational capabilities of
Page 10, Line 18a residential solar electric system or residential battery
Page 10, Line 19energy storage system, as applicable, during an electrical outage;
Page 10, Line 20(XI) The following statement: "Estimates of cost savings
Page 10, Line 21are based on best calculations from the previous twelve months
Page 11, Line 1of utility bills, or, if twelve months of utility bills are not
Page 11, Line 2available, a reasonable estimate of cost savings. The
Page 11, Line 3assumptions, such as the rate your utility charges for
Page 11, Line 4electricity, that are used to estimate cost savings may change.
Page 11, Line 5There may be utility fees that cannot be offset with solar, and
Page 11, Line 6compensation for excess electricity sent back to the grid may be
Page 11, Line 7credited to your bill by the utility at rates below what you pay
Page 11, Line 8for electricity. For further information regarding rates, you
Page 11, Line 9may contact your local utility or, if your local utility is an
Page 11, Line 10investor-owned utility, the public utilities commission. Tax and
Page 11, Line 11other state and federal incentives offered are subject to
Page 11, Line 12change or termination by executive, legislative, or regulatory
Page 11, Line 13action, which may impact savings estimates. Please read your contract carefully for more details."
Page 11, Line 14(XII) A disclosure that the solar sales company is not affiliated with the local utility;
Page 11, Line 15(XIII) The following statement: "The interconnection
Page 11, Line 16procedures for a residential solar energy system or residential
Page 11, Line 17battery energy storage system are subject to the policies of the
Page 11, Line 18local utility. For information on the specific interconnection
Page 11, Line 19policies and procedures applicable to your system, you should
Page 11, Line 20contact your local utility or, if your local utility is an investor-owned utility, the public utilities commission."
Page 11, Line 21(XIV) A summarized explanation of the maintenance,
Page 11, Line 22operations, and monitoring requirements of the system including an explanation of equipment and labor warranties; and
Page 11, Line 23(XV) A disclosure about the impact of installing a
Page 12, Line 1residential solar energy system on any existing roof warranties.
Page 12, Line 2(b) A solar sales company shall offer consumers a sales
Page 12, Line 3presentation in both English and Spanish, if requested, and shall
Page 12, Line 4provide a consumer the disclosure form described in subsection
Page 12, Line 5(1)(a) of this section in the language in which the sales presentation was made to the consumer.
Page 12, Line 6(c) A solar sales company shall address concerns raised
Page 12, Line 7by a consumer regarding the disclosure form provided pursuant
Page 12, Line 8to subsection (1)(a) of this section during the welcome call conducted pursuant to section 6-1-1809.
Page 12, Line 9(2) In the case of a lease for a residential solar electric
Page 12, Line 10system or residential battery energy storage system in which a
Page 12, Line 11solar sales company is the lessor, the written disclosure form
Page 12, Line 12required pursuant to subsection (1) of this section must also include the following information:
Page 12, Line 13(a) The length of the lease;
Page 12, Line 14(b) The amount of each monthly payment for the first year of the lease;
Page 12, Line 15(c) The estimated total amount of lease payments over the length of the lease;
Page 12, Line 16(d) The rate of any payment increases and the date of the first increase, if applicable;
Page 12, Line 17(e) The total number of lease payments;
Page 12, Line 18(f) Payment due dates and the manner in which the consumer will receive invoices;
Page 12, Line 19(g) A disclosure notifying the consumer whether the
Page 13, Line 1lessor will be filing a Uniform Commercial Code fixture filing
Page 13, Line 2on the system and the impact on any future sale of the real property; and
Page 13, Line 3(h) A disclosure describing the transferability of the
Page 13, Line 4lease and the conditions for lease transfers in connection with a consumer selling the real property.
Page 13, Line 5(3) In the case of a power purchase agreement, the written
Page 13, Line 6disclosure form required pursuant to subsection (1) of this section must also include the following information:
Page 13, Line 7(a) The length of the power purchase agreement;
Page 13, Line 8(b) The rates for the first year of the power purchase agreement;
Page 13, Line 9(c) The rate of any payment increases and the date of the first increase, if applicable;
Page 13, Line 10(d) The total number of power purchase agreement payments;
Page 13, Line 11(e) Payment due dates and the manner in which the consumer will receive invoices;
Page 13, Line 12(f) Any one-time or recurring fees, including a description
Page 13, Line 13of the circumstances triggering late fees; estimated system
Page 13, Line 14removal fees; notice removal and refiling fees assessed
Page 13, Line 15pursuant to the Uniform Commercial Code; internet connection fees; and automated clearing house fees, if applicable;
Page 13, Line 16(g) A disclosure notifying the consumer whether the
Page 13, Line 17owner of the system will be filing a Uniform Commercial Code
Page 13, Line 18fixture filing on the system and the impact on any future sale of
Page 13, Line 19the 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 4(4) In the case of a purchase of a residential solar
Page 14, Line 5electric system or residential battery energy storage system,
Page 14, Line 6the written disclosure form required pursuant to subsection (1) of this section must also include the following information:
Page 14, Line 7(a) The purchase price;
Page 14, Line 8(b) Estimated start and completion dates for
Page 14, Line 9installation, accompanied by the following statement: "Start
Page 14, Line 10and completion dates are only an estimate and may be impacted
Page 14, Line 11by delays that may be outside the control of the solar installation company."
Page 14, Line 12(c) A disclosure notifying the purchaser of the party or parties responsible for obtaining interconnection approval; and
Page 14, Line 13(d) The following statement: "Laws and regulations
Page 14, Line 14about state and federal tax credits are subject to change. Any
Page 14, Line 15statement made in these disclosures should not be construed as
Page 14, Line 16tax advice. You are encouraged to consult a tax expert
Page 14, Line 17regarding any reductions or potential reductions in your tax
Page 14, Line 18liability associated with purchasing a residential solar electric system or residential battery energy storage system."
Page 14, Line 19(5) If a consumer's local utility has a public website with
Page 14, Line 20information explaining the utility's interconnection procedures,
Page 14, Line 21a solar sales company shall provide a link to the website to the
Page 14, Line 22consumer.
Page 15, Line 16-1-1804. Agreements - contract terms and requirements -
Page 15, Line 2cooling-off period. (1) A contract for the sale or lease of, or
Page 15, Line 3power purchase agreement for, a residential solar electric system or residential battery energy storage system must:
Page 15, Line 4(a) Include, in conspicuous language, key contract terms such as price and financing terms;
Page 15, Line 5(b) Be written in either English or Spanish, whichever is
Page 15, Line 6the same language in which the sale, lease, or power purchase agreement was made;and
Page 15, Line 7(c) Include a dispute resolution process.
Page 15, Line 9(2) An agreement for the sale of a residential solar
Page 15, Line 10electric system or residential battery energy storage system must contain the following information:
Page 15, Line 11(a) The name, physical address, telephone number, and email address of:
Page 15, Line 12(I) The solar sales company that sold the system;
Page 15, Line 13(II) The solar installation company, if different than the solar sales company; and
Page 15, Line 14(III) If applicable, the salesperson who solicited or negotiated the agreement;
Page 15, Line 15(b) The purchase price;
(c) The payment schedule, if applicable;
Page 15, Line 16(d) A description of the project, including the system size
Page 15, Line 17expressed in kilowatts of direct current electricity and
Page 15, Line 18kilowatts of alternating current electricity; the solar
Page 15, Line 19modules to be installed; the inverters to be installed; the
Page 16, Line 1monitoring to be installed; and, if applicable, the energy storage system to be installed;
Page 16, Line 2(e) Estimated start and completion dates for
Page 16, Line 3installation, accompanied by the following statement: "The
Page 16, Line 4actual start and completion dates depend on many factors, such
Page 16, Line 5as delays related to permitting and interconnection approvals,
Page 16, Line 6which are controlled by your local jurisdiction and local utility, respectively."
Page 16, Line 7(f) An explanation of applicable warranties or
Page 16, Line 8guarantees, including the transferability of any obligations, in
Page 16, Line 9compliance with the federal "Magnuson-Moss Warranty -
Page 16, Line 10Federal Trade Commission Improvement Act", 15 U.S.C. sec. 2301 et seq.;
Page 16, Line 11(g) The name of the local utility; and
Page 16, Line 12(h) Which party or parties are responsible for filing the interconnection application and permits.
Page 16, Line 13(3) An agreement for the lease of a residential solar
Page 16, Line 14electric system or residential battery energy storage system must contain the following information:
Page 16, Line 15(a) The name, physical address, telephone number, and email address of:
Page 16, Line 16(I) The lessor;
Page 16, Line 17(II) The solar installation company, if different than the lessor; and
Page 16, Line 18(III) If applicable, the salesperson who solicited or negotiated the agreement;
Page 16, Line 19(b) If the lessor does not communicate with consumers by
Page 17, Line 1telephone, another method of communication in addition to email;
Page 17, Line 2(c) The total payments required pursuant to the lease and
Page 17, Line 3the payment schedule, including the number, amount, and due dates or periods of payments;
Page 17, Line 4(d) A description of the project, including the system size
Page 17, Line 5expressed in kilowatts of direct current electricity and
Page 17, Line 6kilowatts of alternating current electricity; the solar
Page 17, Line 7modules to be installed; the inverters to be installed; the
Page 17, Line 8monitoring to be installed; and, if applicable, the energy storage system to be installed;
Page 17, Line 9(e) Estimated start and completion dates for
Page 17, Line 10installation, accompanied by the following statement: "The
Page 17, Line 11actual start and completion dates depend on many factors, such
Page 17, Line 12as delays related to permitting and interconnection approvals,
Page 17, Line 13which are controlled by your local jurisdiction and local utility, respectively."
Page 17, Line 14(f) An explanation of applicable warranties or guarantees, including the transferability of any obligations;
Page 17, Line 15(g) A description of the maintenance and repair responsibilities of each party;
Page 17, Line 16(h) An explanation of whether the consumer has the right
Page 17, Line 17to purchase the leased system, either during the lease term or at the termination of the lease, and, if so, the purchase price;
Page 17, Line 18(i) A description of the consumer's options to transfer the lease to a third party and the conditions for a transfer;
Page 17, Line 19(j) Which party or parties are responsible for filing the interconnection application and permits; and
Page 18, Line 1(k) A description of any security interest filed against the
Page 18, Line 2system, including Uniform Commercial Code financing statements.
Page 18, Line 3(4) A power purchase agreement for a residential solar
Page 18, Line 4electric system or residential battery energy storage systemin
Page 18, Line 5which a solar sales company is the lessor must contain the following information:
Page 18, Line 6(a) The name, physical address, telephone number, and email address of:
Page 18, Line 7(I) The solar sales company;
Page 18, Line 8(II) The solar installation company, if different than the solar sales company; and
Page 18, Line 9(III) If applicable, the salesperson who solicited or negotiated the agreement;
Page 18, Line 10(b) If the solar sales company does not communicate with
Page 18, Line 11consumers by telephone, another method of communication in addition to email;
Page 18, Line 12(c) The payment schedule for the sale of output of the
Page 18, Line 13residential solar electric system, including the number, amount, and due dates or periods of payments;
Page 18, Line 14(d) A description of the project, including the system size
Page 18, Line 15expressed in kilowatts of direct current electricity and
Page 18, Line 16kilowatts of alternating current electricity; the solar
Page 18, Line 17modules to be installed; the inverters to be installed; the
Page 18, Line 18monitoring to be installed; and, if applicable, the energy
Page 18, Line 19storage system to be installed;
Page 19, Line 1(e) Estimated start and completion dates for
Page 19, Line 2installation, accompanied by the following statement: "The
Page 19, Line 3actual start and completion dates depend on many factors, such
Page 19, Line 4as delays related to permitting and interconnection approvals,
Page 19, Line 5which are controlled by your local jurisdiction and local utility, respectively."
Page 19, Line 6(f) An explanation of applicable warranties or guarantees, including the transferability of any obligations;
Page 19, Line 7(g) A description of the maintenance and repair responsibilities of each party;
Page 19, Line 8(h) An explanation of whether the consumer has the right
Page 19, Line 9to purchase the system, either during the term of the power
Page 19, Line 10purchase agreement or at the termination of the power purchase agreement, and, if so, the purchase price;
Page 19, Line 11(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 12(j) Which party or parties are responsible for filing the interconnection application and permits; and
Page 19, Line 13(k) A description of any security interest filed against the
Page 19, Line 14system, including Uniform Commercial Code financing statements.
Page 19, Line 15(5) In the case of a sale of a residential solar electric system or residential battery energy storage system:
Page 19, Line 16(a) A consumer has at least three business days after
Page 19, Line 17receiving the initial signed agreement to cancel the agreement
Page 19, Line 18without financial penalty, subject to section 6-1-1809 (3), with
Page 19, Line 19the exception of any nonrefundable deposits collected before
Page 20, Line 1receipt of the signed agreement, in an amount not to exceed one hundred dollars;
Page 20, Line 2(b) The seller shall verbally explain to the consumer the
Page 20, Line 3consumer's right to rescind the agreement without financial
Page 20, Line 4penalty upon the consumer signing the agreement and shall
Page 20, Line 5provide the specific date up until the agreement may be cancelled by the consumer;
Page 20, Line 6(c) An agreement must include, adjacent to the signature
Page 20, Line 7line, the following statement in bold-faced font: "You, the
Page 20, Line 8buyer, may cancel this transaction at any time prior to midnight
Page 20, Line 9of the third business day after the date of this transaction. See
Page 20, Line 10the attached notice of cancellation form for an explanation of this right."
Page 20, Line 11(d) An agreement must include a copy of a cancellation
Page 20, Line 12form in substantially the same form set forth in federal
Page 20, Line 13regulations regarding cooling-off periods for sales made at homes or at certain other locations; and
Page 20, Line 14(e) Compliance with federal regulations adopted under
Page 20, Line 15the "Federal Trade Commission Act" of 1914, 15 U.S.C. sec. 41 et.
Page 20, Line 16seq., regarding cooling-off periods for sales made at homes or
Page 20, Line 17at certain other locations constitutes compliance with this subsection (5).
Page 20, Line 196-1-1805. Financing of residential solar electric systems and
Page 20, Line 20residential battery energy storage systems - documents required.
Page 20, Line 21(1) If a residential electric solar system or residential battery
Page 20, Line 22energy storage system is financed, the financing documents must include:
Page 21, Line 1(a) The length, terms, and cost of the financing agreement in clear and conspicuous language;
Page 21, Line 2(b) An explanation of whether the financier will be filing
Page 21, Line 3an encumbrance against the real property and, if so, the impact of the filing on a future real property transaction; and
Page 21, Line 4(c) A notification of any security interest filed against
Page 21, Line 5the residential solar electric system or residential battery
Page 21, Line 6energy storage system, including Uniform Commercial Code financing statements.
Page 21, Line 76-1-1806. Salespersons. (1) An independent contractor may
Page 21, Line 8be retained by a solar sales company as a salesperson.
Page 21, Line 9Notwithstanding the salesperson's status as an independent
Page 21, Line 10contractor, the solar sales company that employs the
Page 21, Line 11independent contractor as a salesperson is responsible for
Page 21, Line 12ensuring compliance with this part 18 and for any loss or
Page 21, Line 13damages resulting from noncompliance by the independent contractor when acting on behalf of the solar sales company.
Page 21, Line 14(2) A salesperson may be employed by more than one solar sales company.
Page 21, Line 15(3) In the absence of a state law or local government
Page 21, Line 16ordinance, a salesperson shall not visit a residence to conduct a sale except between the hours of 9 a.m. and 8 p.m.
Page 21, Line 17(4) Notwithstanding subsection (3) of this section, a
Page 21, Line 18consumer may schedule a meeting with a salesperson between the hours of 8 p.m. and 9 a.m.
Page 21, Line 19(5) A salesperson shall not visit a residence that has posted a "no solicitation" sign.
Page 22, Line 16-1-1807. Misrepresentations prohibited. (1) (a) Written or
Page 22, Line 2digital sales materials for a residential solar electric system
Page 22, Line 3or residential battery energy storage system that are provided
Page 22, Line 4in the state shall not include the names, logos, pictures, or
Page 22, Line 5other indicia of a public utility, cooperative electric association
Page 22, Line 6formed pursuant to article 9.5 of title 40, or municipal utility,
Page 22, Line 7unless a salesperson has received express written consent to do
Page 22, Line 8so from the relevant utility or is otherwise complying with federal fair use laws.
Page 22, Line 9(b) For the purposes of this subsection (1), written or
Page 22, Line 10digital sales materials include online sales banners,
Page 22, Line 11click-through banners, social media advertisements, and other
Page 22, Line 12materials that could generate a sale or sale lead of a
Page 22, Line 13residential solar electric system or residential battery energy storage system over the internet.
Page 22, Line 14(2) A solar sales company shall not purchase solar sales
Page 22, Line 15leads from a company that does not comply with the requirements of subsection (1) of this section.
Page 22, Line 16(3) A solar sales company shall not represent, verbally
Page 22, Line 17or in writing, that the solar sales company is affiliated with,
Page 22, Line 18sponsored by, or approved by a consumer's local utility without the express, written consent of the local utility.
Page 22, Line 19(4) A solar sales company shall not represent, verbally
Page 22, Line 20or in writing, that the solar sales company is affiliated with,
Page 22, Line 21sponsored by, or approved by a state incentive program without
Page 22, Line 22the express, written consent of the state agency in charge of the state incentive program.
Page 23, Line 16-1-1808. Record retention and consumer privacy. (1) A
Page 23, Line 2solar sales company or a designated representative of the solar
Page 23, Line 3sales company shall retain a copy of each signed agreement for
Page 23, Line 4a period of not less than four years after the date of the transaction.
Page 23, Line 5(2) Consumer personal information must be maintained
Page 23, Line 6consistent with the "Colorado Privacy Act", part 13 of this article 1, and other applicable data privacy laws.
Page 23, Line 76-1-1809. Welcome calls - information provided to consumer.
Page 23, Line 8(1) On or after the date of the transaction of an agreement, a
Page 23, Line 9solar sales company or a designated representative of the solar
Page 23, Line 10sales company shall conduct a welcome call with the new
Page 23, Line 11consumer, in the language used during the sales presentation.
Page 23, Line 12(2) The welcome call must include the following information:
Page 23, Line 13(a) Confirmation of the identity of the consumer;
Page 23, Line 14(b) The price of the residential solar electric system or residential battery energy storage system, as applicable;
Page 23, Line 15(c) A description of the project, including the system size,
Page 23, Line 16expressed in kilowatts of direct current electricity and
Page 23, Line 17kilowatts of alternating current electricity; the energy
Page 23, Line 18storage system to be installed, if applicable, including capacity,
Page 23, Line 19expressed in kilowatt-hours; and a statement that a residential
Page 23, Line 20solar electric system will not provide backup power without
Page 23, Line 21being paired with an energy storage system;
Page 24, Line 1(d) For a lease or power purchase agreement, the duration of the contract;
Page 24, Line 2(e) The consumer's right to cancel the agreement without
Page 24, Line 3financial penalty within three business days after signing a contract, subject to subsection (3) of this section;
Page 24, Line 4(f) A reminder that the consumer should review the disclosure form and agreement; and
Page 24, Line 5(g) An explanation of the costs of the system being installed and applicable financing terms.
Page 24, Line 6(3) The consumer's right to cancel a transaction within
Page 24, Line 7three business days after the date of the transaction does not begin to run until the welcome call is conducted.
Page 24, Line 96-1-1810. Warranties and maintenance. (1) A solar sales
Page 24, Line 10company shall provide a warranty against roof damage and
Page 24, Line 11water infiltration at each roofing penetration made during the
Page 24, Line 12installation of a residential solar electric system, which
Page 24, Line 13warranty must last for at least four years after the completion of the installation.
Page 24, Line 14(2) A solar sales company shall provide a warranty to
Page 24, Line 15address defects in the workmanship of a residential solar
Page 24, Line 16electric system, which warranty must last for at least four years after the completion of the installation.
Page 24, Line 17(3) If a solar sales company provides a long-term
Page 24, Line 18maintenance plan for a residential solar electric system or
Page 24, Line 19residential battery energy storage system, the plan must be
Page 24, Line 20made available in writing and verbally explained to the
Page 25, Line 1consumer. If a solar sales company does not provide a long-term
Page 25, Line 2maintenance plan, the solar sales company shall provide the
Page 25, Line 3consumer with a written explanation as to why a long-term maintenance plan is not being provided.
Page 25, Line 46-1-1811. Enforcement. A person that, in the course of
Page 25, Line 5the person's business, violates this part 18 commits a deceptive trade practice pursuant to section 6-1-105.
Page 25, Line 76-1-1812. Investor-owned utility disclosures and oversight of
Page 25, Line 8available customer incentives. (1) An investor-owned utility that
Page 25, Line 9serves more than five hundred thousand customers that offers
Page 25, Line 10financial incentives for residential solar electric systems or
Page 25, Line 11residential battery energy storage systems shall clearly and
Page 25, Line 12prominently provide the following information on the utility's website:
Page 25, Line 13(a) Information on the amount of financial incentives
Page 25, Line 14available for such systems, including information about the
Page 25, Line 15amount of budget that has already been spent to date and information about when the budget was last updated;
Page 25, Line 16(b) Information about how a customer or contractor can apply for the financial incentives; and
Page 25, Line 17(c) Information about the point in the process in which a
Page 25, Line 18customer may secure financial incentives from a utility program.
Page 25, Line 19SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(iiii) as follows:
Page 25, Line 206-1-105. Unfair or deceptive trade practices - definitions.
Page 26, Line 1(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 2(iiii) Violates part 18 of this article 1.
Page 26, Line 3SECTION 4. Act subject to petition - effective date. This act
Page 26, Line 4takes effect at 12:01 a.m. on the day following the expiration of the
Page 26, Line 5ninety-day period after final adjournment of the general assembly; except
Page 26, Line 6that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 26, Line 7of the state constitution against this act or an item, section, or part of this
Page 26, Line 8act within such period, then the act, item, section, or part will not take
Page 26, Line 9effect unless approved by the people at the general election to be held in
Page 26, Line 10November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.